Free Kansas Labor and Employment FAQs | Free Kansas Labor and Employment Legal Documents

Are My Benefits Taxable?

Tue, 29 May 2007 21:19:00 GMT

Unemployment insurance benefits are subject to federal and state income taxes. When you file your claim, you will have the option to have federal income tax withheld from your weekly unemployment insurance benefits in the amount of 10% of your weekly benefit amount.

Are There Certain Occupations That Are Prohibited For Minors?

Tue, 29 May 2007 21:19:00 GMT

Yes. Children under the age of eighteen are not allowed to work in hazardous occupations. Hazardous occupations under Kansas law are the same as they are under Federal law. The U.S. Department of Labor has a list of prohibited jobs .

In addition to this, Kansas law further restricts the occupations of children under the age of sixteen. Kansas Administrative Regulations 49169 lists jobs they can do and 49170 lists jobs they cannot do .

Can I Get Help Finding A Job?

Tue, 29 May 2007 21:19:00 GMT

You may obtain assistance finding work through a local workforce development center or Job Service office. To receive job placement assistance, you must register for work, which can be done via the Internet at www.kansasjoblink.com or by visiting a workforce development center in your area, which includes a Job Service office.

Can I Work Part Time And Receive Benefits?

Tue, 29 May 2007 21:19:00 GMT

You may receive some benefits for a week in which you work less than full time. You must look for and be able and available to work full time. You may earn up to 25 percent of your determined weekly benefit amount (WBA) without a reduction to your benefits. If your gross earnings for the week claimed exceed 25 percent of your determined weekly benefit amount, your payable benefit for the week will be reduced by each dollar earned that is in excess of the 25 percent allowance.

Can My Employer Fire Me Without Reason Or Notice?

Tue, 29 May 2007 21:19:00 GMT

Yes, Kansas is an employment at will state. This means your employer can fire you at any time, for any reason other than your race, color, religion, national origin, ancestry, sex, age, or disability.

Can My Employer Make Me Take A Drug Test?

Tue, 29 May 2007 21:19:00 GMT

Yes.

Does My Employer Have To Offer Vacation Or Sick Leave?

Tue, 29 May 2007 21:19:00 GMT

The law does not require your employer to offer vacation or sick leave. However, many employers provide this as a benefit for their employees.

How Do I File A Claim For Unemployment Insurance Benefits?

Tue, 29 May 2007 21:19:00 GMT

You may file a new claim or reopen an existing claim for unemployment insurance through the online Internet claim application or by telephone through a regional call center. You can access the online application by CLICKING HERE . A directory of call centers is below.

Kansas City UI Call Center
PO Box 2098
Kansas City, KS 661100098
Fax 9132871182
To file for benefits or to get claims information:
Local Calling Area 9135963500
Outside Local Calling Area 8002926333

Topeka UI Call Center
PO Box 3539
Topeka, KS 666013539
Fax 7852963249
To file for benefits or to get claims information:
Local Calling Area 7855751460
Outside Local Calling Area 8002926333

Wichita UI Call Center
PO Box 877
Wichita, KS 672010877
Fax 3162668674 To file for benefits or to get claims information:
Local Calling Area 3163839947
Outside Local Calling Area 8003936333

Hearing/Speech Impaired TTY Users Only

To file a claim application or for other assistance 18774575432 or,
Kansas City local number 9132876488

When filing a new claim, you will need to provide the complete name and address for each employer for whom you have worked during the last 18 months. You must also provide the date you began working and the date you last worked for each employer. You will be asked to provide your driver's license or stateissued identification number, if you have one. If you are not a U.S. citizen or National, you will be asked to provide your alien registration number and the date your work authorization expires. Your claim will be effective the Sunday of the week in which you file your claim.

After you file your claim, a form called Unemployment Insurance Determination will be mailed to you. This form will show:

The beginning date of your claim
Your base period
The amount of wages for insured work paid by each employer
Your weekly benefit amount
Your total benefit amount

How Do I File Weekly Claims For Benefits?

Tue, 29 May 2007 21:19:00 GMT

Claims for benefits are filed for calendar weeks, beginning on Sunday and ending on Saturday. To be paid benefits, you must file a weekly claim each week after the week has ended.

If you have an active claim for unemployment benefits, you may file your weekly claim online by CLICKING HERE .

In the alternative, you may file through the Weekly Claims Line, which uses an Interactive Voice Response (IVR) system to collect the information necessary to pay you benefits each week:

Kansas City Weekly Claims Line (913) 2876913

Topeka Weekly Claims Line (785) 2964337

Wichita Weekly Claims Line (316) 2690633

Be sure you have your Social Security Number and your Personal Identification Number If you had earnings during the week you are claiming, or you received or will receive vacation, holiday or severance pay for the week, be sure you know the gross amount before you call.

Payments are normally issued the next working day following our receipt of your weekly claim.

How Do I Know If I Am Liable For Unemployment Taxes?

Tue, 29 May 2007 21:19:00 GMT

Every employing unit that begins business operations in Kansas is required to file form KCNS 010, Status Determination Report, within 15 days of the date of first employment. Upon receipt of the completed form, a determination of employer liability will be made. You may use the ONLINE service to complete a Status Determination Report, KCNS 010, apply for a state unemployment tax number, or report changes to your existing account. Login or registration is required for utilizing the online tax services.

You are automatically liable for coverage if you:

you acquire all, or substantially all of the employing enterprises, organizations, trade or business, or substantially all of the assets of another employer subject to this act.
you acquire less than 100 percent of an employer's annual payroll when the partial successor employing unit is controlled substantially by the same interests as the predecessor employer and intends to continue the acquired portion as an ongoing business.
you are liable to the federal government for Federal Unemployment Tax (FUTA).
you are a state or local governmental organization or an instrumentality of a state or local government or Indian Tribe.

You will establish liability for coverage if:

your employment is in a business other than agricultural, domestic, or certain qualifying nonprofit organizations, and you have one or more employees who work for any portion of a day in 20 different weeks in a calendar year, or if your gross payroll for any calendar quarter is $1,500 or more.
your employment is agricultural, and you employ 10 or more workers in any portion of 20 different weeks in a calendar year, or have a payroll of $20,000 or more cash wages in any one calendar quarter.
your employment is domestic service performed in a private home, local college club, fraternity or sorority, and you have a quarterly payroll of $1,000 or more cash wages in any one calendar quarter.
you qualify as a nonprofit organization for unemployment insurance purposes. To qualify, you must have been issued a 501(c)(3) exemption letter by the Internal Revenue Service and employ four or more workers in any portion of 20 different weeks in a calendar year.
your employment follows a period of less than three years' inactivity in which your previously established unemployment insurance account was never officially terminated.
you are not otherwise subject to the taxing provisions of the law and you voluntarily elect to become a covered employer for a period of not less than two calendar years.

Refer to the Employer Handbook for detailed information.

How Do I Report Wages And Pay Taxes?

Tue, 29 May 2007 21:19:00 GMT

All employers are provided form KCNS 100, Employer's Quarterly Wage Report and Contribution Return. This report is due on the last day of the month following the end of each calendar quarter. An Employer's Quarterly Wage Report and Contribution Return is mailed to registered employers approximately 30 days in advance of the due date and is imprinted with the employer's name, address, account number, and contribution rate.

Employers with more than 100 employees are encouraged to report electronically. The Department can read diskettes, tapes and cartridges. The Web site, "http://www2.hr.state.ks.us/ui/html/uimagtap.html" contains more information. You may also send a letter to Magnetic Media Coordinator, Kansas Department of Human Resources, 401 SW Topeka Boulevard, Topeka, KS 666033182, call (785) 2968857 or email magco@hr.state.ks.us.

How Is My Benefit Amount Calculated?

Tue, 29 May 2007 21:19:00 GMT

If you have sufficient earnings from insured work to establish benefits, you will be entitled to receive benefits for weeks you are either totally or partially unemployed and meet all requirements. The amount you can receive is based upon the wages you earned during your base period. Your base period is the 12month period consisting of the first four of the last five completed calendar quarters before the beginning date of your claim. To qualify for a claim, you must have wages in at least two of the four base period calendar quarters and your total wages in your base period must be at least thirty times your calculated weekly benefit amount.

To calculate your weekly benefit amount, multiply your highest base period quarter wages by 4.25 percent. If the amount is higher than the current statutory maximum weekly benefit amount, the maximum weekly benefit amount becomes your weekly benefit amount. To calculate your total benefit amount, a) multiply your weekly benefit amount times 26; and b) divide the total of the base period wages by three. Your total benefit amount is the lesser of these two amounts. The total amount of benefits available to you cannot exceed 26 times your weekly benefit amount. This means that your benefits will end when all benefits are paid, even if your benefit year hasn't ended.

How Often Does My Employer Have To Pay Me?

Tue, 29 May 2007 21:19:00 GMT

Your employer must pay you at least once a month and they must have a regular payday. If you quit or your employer fires you, they must pay you for the work you have already done, and they must do it on or before the next regular payday.

How Old Does A Child Have To Be In Order To Work?

Tue, 29 May 2007 21:19:00 GMT

Children must be at least fourteen years of age in order to work. Exceptions include: children employed by their parents, household chores, paper routes, farm work and child actors/actresses.

If I Am Overpaid, Can My Employer Deduct The Amount Of The Overpayment From My Paycheck?

Tue, 29 May 2007 21:19:00 GMT

Yes.

Is An Employee Required To Give Two Weeks Notice When Quitting A Job?

Tue, 29 May 2007 21:19:00 GMT

No. Because Kansas is an employment at will state, an employee can quit their job without any notice, but it is usually a better idea to give the notice.

Is An Employer Required To Pay For Jury Duty Or Allow Time Off For Jury Duty?

Mon, 04 Jun 2007 21:51:22 GMT

An employer must give employees time off for jury duty, but it does not have to be paid.

Must An Employer Provide Rest Breaks For Workers?

Tue, 29 May 2007 21:19:00 GMT

Breaks are not required under state or federal law.

What Are Extended Benefits?

Tue, 29 May 2007 21:19:00 GMT

When either the national or Kansas unemployment rate exceeds a certain level, you may be entitled to additional weeks of benefits after you use all regular benefits. If an extended benefit period is declared and it appears that you qualify, you will receive a notice.

What Can I Do If I Am Denied Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

If you disagree with the determination, you may file an appeal. Your appeal rights and time limits for filing an appeal are explained on each determination. You will receive a notice telling you when your appeal hearing will be held. At the hearing you will be given an opportunity to present facts you believe are important to your case. If witnesses are needed to help present your case you must arrange, in advance, for them to participate.

If you appeal, you must continue to file your claim as usual for each week you are unemployed. Even though an appeal decision may find you eligible for benefits, you will not be paid for any week for which you have not filed a claim.

If you are found eligible for benefits, your employer may disagree and file an appeal. An employer's appeal does not cause your benefits to stop. If the employer wins the appeal, however, the benefits you have been paid will be considered an overpayment.

Click on the link below for detailed information on appeal hearing procedures.

Unemployment Insurance Appeals

What Can I Do If My Employer Refuses To Pay Me?

Tue, 29 May 2007 21:19:00 GMT

You can file a wage claim. To file a claim for wages, you must fill out and sign a Claim for Wages form. Wage claim forms are available online or may be requested by calling or writing:

Kansas Department of Human Resources
Employment Standards
1430 SW Topeka Blvd., 3rd Floor
Topeka, KS 66612
(785) 2964062
CLICK HERE for detailed information about the wage claim process.

What Hours Can Children Work?

Tue, 29 May 2007 21:19:00 GMT

Under the Fair Labor Standards Act, children under sixteen can work between 7 a.m. and 7 p.m., except from June 1 through Labor Day, when evening hours are extended to 9 p.m. If the employer is not covered by the Fair Labor Standards Act, the hours are 7 a.m. to 10 p.m. when school is in session.

Children under sixteen can work up to 3 hours on a school day, 18 hours in a school week, 8 hours on a nonschool day, 40 hours on a nonschool week. If the employer is not covered by the Fair Labor Standards Act, the children under sixteen may not work more than 8 hours in one day, nor more than 40 hours in one week.

What Is A One-Week Waiting Period?

Tue, 29 May 2007 21:19:00 GMT

You must serve a oneweek waiting period for each new claim or benefit year. To count as your waiting period week, you must file a claim and be entitled to benefits for the week. You will not be paid benefits for this waiting period week.

What Is The Employer Contribution Rate?

Tue, 29 May 2007 21:19:00 GMT

A newly liable employer is assigned the larger tax rate determined by alternative methods. The tax rate may be the average rate assigned to all employers plus one percent. Or the rate may be the average rate for employers in a comparable industry plus one percent. The tax rate can not be lower than two percent. After three years, when original liability is established before July 1st, the employer will have a tax rate computed with experience rate factors.

Experience rating is a procedure for varying employer rates and allocating costs of the unemployment insurance program in relation to the employer's actual and potential risk with unemployment. This is accomplished by the department keeping an individual experience rating account for each liable employer. All tax payments are added and all benefit charges are subtracted from the experience rating account. This provides an opportunity for contributing employers to "earn" a tax rate based on their own individual experience and their potential risk of unemployment. The procedure also helps to ensure an adequate trust fund balance.

Contributions are determined by multiplying a specified contribution rate times a taxable payroll determined on an $8,000 wage base earned by each employee during a calendar year.

What Is The New Hire Law?

Tue, 29 May 2007 21:19:00 GMT

The new hire law requires employers to report, within 20 days of hire, each new hire, rehire, or employee returning to work. The employer must report the following:

Social Security number, name and address of the new hire, AND the
Employer's name, address and federal employer's identification number.

There are a variety of ways to comply with the new statute. Employers may mail or fax a W4 with items 1, 2, 8 and 10 completed or use an equivalent, alternative report.

Where to report:

By mail: New Hire Directory, PO Box 3510, Topeka, KS 666013510

By fax: (888) 2197798 or 2913423 in Topeka

With a PIN (personal identification number), you may key in new hires from the web form . To request a PIN number, email newhires@hr.state.ks.us. Include your FEIN and state unemployment tax number with your request.For information on uploading a new hire file, CLICK HERE for helpful FTP tips.

When Is My Employer Required To Pay Me Overtime?

Tue, 29 May 2007 21:19:00 GMT

Overtime is due once an employee has worked 40 hours within a week.

Where Can I Get More Information On The New Hire Program?

Tue, 29 May 2007 21:19:00 GMT

For more information about the New Hire Directory call tollfree, (888) 2197801, or in Topeka, call 2961716.

Where Do I Report If I Have Employees In More Than One State?

Tue, 29 May 2007 21:19:00 GMT

Employers with workers in several states may elect to report them to a single state. Multistate employers who elect to report to a single state must: report all new hires, rehires and returns to work; submit electronically twice a month, a file meeting the specifications of that state; and notify Department of Health and Human Services;Multistate Employer Registration

Office of Child Support Enforcement;
Department of Health and Human Services
P.O. Box 509
Randallstown, MD 211330509

Will Other Income Reduce My Benefits?

Tue, 29 May 2007 21:19:00 GMT

Vacation, holiday and severance pay reduce your benefits when paid under certain conditions. If you receive these types of pay when you leave your job, you must report this information when you file your claim.

Social Security will reduce your weekly benefit amount. Other retirement pensions will reduce your weekly benefit amount if the employment the pension is based upon is also your base period employment.

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