🇺🇸 KANSAS STATE LAW – 2026 UPDATE

Kansas Remote Work Laws 2026

⚠️Informational only — not legal or tax advice.

Last Updated: December 2025
Applicable Period: 2026 tax year and current employment regulations
Key Characteristic: Employers with remote workers physically located in Kansas

Kansas remote work laws and employment regulations guide

Table of Contents

Click any item below to jump to the relevant section

Overview

Kansas generally follows a business-friendly approach to employment regulation, closely aligning with federal standards in many areas. According to the Kansas Department of Labor, the state relies primarily on the federal Fair Labor Standards Act (FLSA) for many wage and hour provisions while maintaining specific state requirements in certain areas.

General Characteristics (2025-2026)

Wage Standards:

  • State minimum wage: $7.25/hour (matches federal rate)
  • Overtime threshold: 46 hours per week under state law (40 hours under federal FLSA)
  • Tipped minimum wage: $2.13/hour (with tip credit provisions)
  • No local minimum wage ordinances permitted

Leave and Benefits:

  • No state-mandated paid sick leave requirement
  • No state-mandated vacation leave requirement
  • No state-mandated meal or rest break requirements
  • Federal FMLA applies to eligible employers with 50+ employees

Employment Structure:

  • At-will employment state
  • Workers’ compensation required for employers with $20,000+ annual payroll
  • State income tax applies (ranges from 3.1% to 5.7%)
  • Unemployment insurance funded through employer taxes

Coverage Thresholds:

  • Kansas Act Against Discrimination (KAAD): 4+ employees
  • Workers’ compensation: $20,000+ annual payroll
  • Federal FMLA: 50+ employees (federal requirement)

According to state sources, Kansas has relatively minimal state-level employment regulations compared to some other jurisdictions, with many areas governed primarily by federal law. This creates a framework where employers must ensure compliance with both federal standards and specific Kansas requirements.

Source: Kansas Department of Labor – https://www.dol.ks.gov/

Official State Agency

Kansas Department of Labor

The Kansas Department of Labor administers employment laws in Kansas and provides guidance on wage and hour standards, workers’ compensation, unemployment insurance, and workplace safety.

Contact Information:

  • Website: https://www.dol.ks.gov/
  • Main Phone: 785-296-5000
  • Address: 401 SW Topeka Boulevard, Topeka, KS 66603
  • Employment Standards Division: 785-296-7017

Key Divisions:

  • Employment Standards: Wage claims, minimum wage, child labor
  • Workers Compensation: Injury claims and insurance compliance
  • Unemployment Insurance: Benefit claims and employer taxes
  • Industrial Safety and Health: Workplace safety standards

For official interpretations of Kansas employment law, contact the Kansas Department of Labor. For legal advice on how laws apply to specific situations, consult a licensed attorney in Kansas.

Major Kansas Employment Statutes

1. Kansas Wage Payment Act

Statutory Citation: K.S.A. 44-313 et seq.
Official Source: https://www.ksrevisor.org/statutes/chapters/ch44/

General Provisions:

According to Kansas statutes, employers generally must:

  • Pay employees at least once per month on regular paydays
  • Inform employees of paydays in advance
  • Pay all earned wages by the next regular payday following termination
  • Maintain wage records for at least three years

Payment Methods:

Kansas law allows payment by check, direct deposit (with employee consent), or cash. Employers can transition to electronic wage statements by default as of January 1, 2025, but must provide printed statements upon employee request.

Remote Work Application:

Wage payment requirements generally apply regardless of work location. Remote workers in Kansas are entitled to the same wage payment standards as on-site employees.

Source: Kansas Department of Labor – https://www.dol.ks.gov/employers/workplace-laws

2. Kansas Minimum Wage and Hours Law

Statutory Citation: K.S.A. 44-1201 et seq.
Effective: Current through 2025

General Framework:

According to Kansas law, the state minimum wage matches the federal rate of $7.25 per hour. Kansas has a unique provision requiring overtime after 46 hours in a workweek, though federal law (requiring overtime after 40 hours) typically provides greater protection and thus applies to most employers.

Key Provisions:

  • Minimum wage applies to employers not covered by federal FLSA
  • Overtime at 1.5x regular rate for hours over 46 per week (state law)
  • Federal overtime (40 hours) applies when more protective
  • Local governments prohibited from establishing separate minimum wages

Remote Work Considerations:

Minimum wage and overtime generally apply based on where work is physically performed. Workers performing services from a Kansas location would typically be subject to Kansas wage standards, regardless of employer location.

Source: Kansas Department of Labor FAQ – https://www.dol.ks.gov/employers/workplace-laws/workplace-laws-faqs

3. Kansas Act Against Discrimination (KAAD)

Statutory Citation: K.S.A. 44-1001 et seq.
Effective: 1953 (with subsequent amendments)
Administering Agency: Kansas Human Rights Commission

General Overview:

The KAAD prohibits employment discrimination based on race, religion, color, sex, disability, national origin, and ancestry. According to the Kansas Human Rights Commission, this law applies to employers with four or more employees, providing broader coverage than some federal protections.

Protected Characteristics:

  • Race
  • Religion
  • Color
  • Sex (including pregnancy discrimination under regulations)
  • Disability
  • National origin
  • Ancestry
  • Age (under separate Kansas Age Discrimination in Employment Act – KADEA)

Covered Employers:

According to statute, the KAAD applies to:

  • Private employers with 4+ employees
  • Labor organizations
  • Employment agencies
  • Public sector employers (state and local government)

Remote Work Coverage:

Remote workers employed by Kansas companies are generally protected under the KAAD. Out-of-state employers with Kansas-based remote employees may also be subject to KAAD requirements.

Complaint Process:

Employees must file complaints with the Kansas Human Rights Commission within six months of the alleged discriminatory act. This administrative filing is generally a prerequisite to filing a civil lawsuit.

Kansas Human Rights Commission:

  • Website: http://www.khrc.net/
  • Phone: 785-296-3206
  • Complaint Filing: Required within 6 months of incident

Source: K.S.A. 44-1001 et seq. – https://www.ksrevisor.org/statutes/chapters/ch44/

4. Kansas Workers Compensation Act

Statutory Citation: K.S.A. 44-501 et seq.
Administering Agency: Kansas Department of Labor – Workers Compensation Division

Coverage Requirements:

According to Kansas law, workers’ compensation coverage is generally required for employers in non-agricultural businesses with more than $20,000 in gross annual payroll during a calendar year. When calculating total payroll, wages paid both inside and outside of Kansas must be counted.

Key Features:

Kansas operates a private insurance system where employers can:

  • Purchase workers’ compensation insurance from private carriers
  • Self-insure with approval from the state
  • Participate in group-funded self-insurance plans

Excluded Categories:

According to statute, the following are generally excluded from mandatory coverage:

  • Sole proprietors, LLC members, and partners (though other employees must be covered if payroll exceeds $20,000)
  • Employers in certain agricultural pursuits
  • Real estate agents qualifying as independent contractors
  • Firefighters in associations that waived coverage
  • Certain owner-operator vehicle drivers with occupational accident insurance

Remote Work Implications:

Workers’ compensation coverage questions for remote workers involve fact-specific determinations about whether injuries “arise out of and in the course of employment.” Employers should consult the Kansas Division of Workers Compensation for guidance on specific situations.

Kansas Division of Workers Compensation:

Source: Kansas Workers Compensation Laws & Regulations – https://www.dol.ks.gov/workers-compensation/overview

Employee Classification Standards

Understanding Worker Classification in Kansas

Worker classification as employee versus independent contractor has significant implications for tax withholding, workers’ compensation coverage, unemployment insurance, and wage and hour protections. Classification determinations are fact-specific and based on multiple factors.

Important Note: Classification decisions involve legal and tax consequences. Employers should consult legal counsel and tax professionals before making classification determinations. The information below provides general background only.

Federal Classification Standards

Kansas generally follows federal standards for worker classification, particularly for tax and unemployment insurance purposes. The Internal Revenue Service applies common law principles focusing on the degree of control and independence in the working relationship.

IRS Common Law Test – Key Factors:

According to IRS guidance, classification analysis typically examines three categories:

1. Behavioral Control

  • Whether the company controls what the worker does and how they do their job
  • Type and degree of instructions given
  • Training provided by the company

2. Financial Control

  • Whether business aspects of the worker’s job are controlled by the company
  • Worker’s investment in facilities and tools
  • How worker is paid
  • Whether worker can realize profit or loss

3. Relationship Type

  • Written contracts describing the relationship
  • Employee benefits provided
  • Permanency of relationship
  • Whether work is a key aspect of the company’s business

Remote Work Considerations:

For remote workers, classification analysis may consider:

  • Level of control over work schedule and methods despite physical distance
  • Whether employer provides equipment and workspace
  • Nature of ongoing relationship
  • Financial arrangement and payment structure

Source: IRS Independent Contractor (Self-Employed) or Employee? – https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee

Kansas-Specific Classification Factors

For certain purposes under Kansas law, additional or specific tests may apply:

Unemployment Insurance Classification

For Kansas unemployment insurance purposes, the Department of Labor examines whether the worker qualifies as an employee under state unemployment statutes.

General Factors Considered:

  • Right of control over performance of work
  • Method of payment
  • Furnishing of tools and materials
  • Control over premises where work is performed
  • Right to discharge
  • Expertise required for the work

These factors help determine whether an employment relationship exists for unemployment insurance purposes.

Workers’ Compensation Classification

For workers’ compensation purposes, Kansas law generally uses common law employment tests similar to those used for unemployment insurance, examining the degree of control the alleged employer exercises over the worker.

Note: Classification for workers’ compensation has safety and financial implications. Employers should verify classification with the Kansas Division of Workers Compensation or legal counsel.

Classification Scenarios for Remote Workers

The following scenarios illustrate general concepts only. They are NOT classification determinations and should not be relied upon for actual classification decisions.

Scenario 1: Full-Time Remote Software Developer

Situation: A Kansas-based company hires a software developer who works entirely from home. The company provides a laptop, requires use of specific development tools, sets work hours (9 AM – 5 PM), conducts regular performance reviews, and pays a fixed salary every two weeks.

General Analysis:

This arrangement may share characteristics commonly associated with employee relationships because:

  • Company provides equipment
  • Company sets specific work hours
  • Company exercises ongoing control through performance reviews
  • Regular salary payment suggests employee status
  • Work is integral to company’s business

However, actual classification depends on complete analysis of all circumstances. This is for general understanding only.

Scenario 2: Contract Web Designer

Situation: A Kansas resident operates their own web design business, works for multiple clients, uses their own equipment and software, sets their own hours, invoices clients per project, and markets services to the public.

General Analysis:

This arrangement may share characteristics commonly associated with independent contractor relationships because:

  • Worker operates own business
  • Multiple client relationships
  • Worker owns tools and materials
  • Project-based payment
  • Worker controls when and how work is performed

However, the specific details of each client relationship would require individual analysis. This example is illustrative only.

Scenario 3: Hybrid Arrangement

Situation: A worker performs customer service from home for a Kansas company, uses company-provided equipment and software, follows a set schedule, but also performs similar work for other companies during non-scheduled hours.

General Analysis:

This type of arrangement involves competing factors that require careful analysis:

  • Some factors suggest employee status (company equipment, set schedule, integration)
  • Other factors suggest contractor status (multiple clients)
  • The totality of circumstances matters

This scenario demonstrates why classification can be complex and why professional guidance is important.

Consequences of Misclassification

According to Kansas Department of Labor and IRS sources, misclassification may result in various consequences.

For Employers:

Potential consequences may include:

  • Back payment of unemployment insurance taxes
  • Adjustments to workers’ compensation coverage and premiums
  • Wage and hour claim exposure for unpaid overtime or minimum wage
  • Tax withholding penalties and interest
  • Penalties from multiple agencies
  • Liability for employment benefits

For Workers:

Classification affects:

  • Eligibility for unemployment benefits
  • Workers’ compensation coverage
  • Wage and hour protections
  • Access to employee benefits
  • Tax withholding and reporting obligations

Actual consequences depend on specific circumstances and findings by relevant agencies.

How to Determine Proper Classification

Recommended Steps:

  1. Review IRS Guidelines: Study IRS Publication 15-A and Form SS-8
  2. Consult Kansas Department of Labor: For unemployment insurance questions
    • Phone: 785-296-5000
  3. Verify Workers’ Compensation Status: Contact Kansas Division of Workers Compensation
    • Phone: 785-296-4000, option 4
  4. Seek Legal Counsel: Consult an employment attorney licensed in Kansas
  5. Consider Tax Professional: Work with a CPA or enrolled agent for tax implications

IRS Form SS-8: Employers or workers can submit Form SS-8 to the IRS to request an official determination of worker status for federal tax purposes.

Resources for Classification Guidance

Federal Resources:

Kansas State Resources:

Professional Guidance:

  • Employment attorneys licensed in Kansas
  • Certified Public Accountants
  • HR consultants familiar with Kansas law

Reminder

Worker classification involves complex legal and tax determinations with significant consequences. The information in this section is for general background only. Employers and workers should consult appropriate professionals before making classification decisions or taking action based on classification status.

Minimum Wage Requirements

Current Kansas Minimum Wage

Kansas follows the federal minimum wage established by the Fair Labor Standards Act (FLSA). According to the Kansas Department of Labor, the state minimum wage is $7.25 per hour, matching the federal rate that has been in effect since 2009.

2025–2026 Rates:

Effective Date Standard Rate Notes
January 1, 2025 $7.25/hour State and federal rate
January 1, 2026 $7.25/hour No announced changes

Source: Kansas Department of Labor – https://www.dol.ks.gov/

Coverage and Applicability

Which Employers Must Comply:

According to Kansas statutes, the state minimum wage applies to employers not covered by the federal FLSA. However, since the federal minimum wage is the same as Kansas’s rate, most employers must comply with federal standards.

Federal FLSA coverage generally includes employers with:

  • $500,000 or more in annual gross volume of sales
  • Employees engaged in interstate commerce
  • Employees handling goods or materials moved in interstate commerce

Remote Work Application:

Minimum wage generally applies based on where work is physically performed. According to general principles:

  • Workers performing services from a Kansas location would typically be subject to Kansas/federal minimum wage
  • Employer’s physical location is generally not the determining factor
  • Specific situations may require consultation with the Kansas Department of Labor

Local Minimum Wage Ordinances

Important Note: Kansas law prohibits local governments from establishing minimum wages different from the state rate.

According to Kansas statutes, cities and counties cannot:

  • Set their own minimum wage rates
  • Establish wage requirements above the state minimum
  • Create separate wage and hour standards

This means the $7.25/hour rate applies uniformly throughout Kansas, unlike some states with varying local rates.

Source: Kansas preemption statute

Tipped Employee Minimum Wage

Kansas allows employers to pay a reduced direct wage to tipped employees, provided their total earnings (wages plus tips) meet the full minimum wage.

Tipped Employee Standards:

According to federal and Kansas law:

  • Minimum Direct Cash Wage: $2.13/hour
  • Tip Credit: Up to $5.12/hour
  • Total Minimum: Must equal $7.25/hour with tips

Employer Obligations:

When using the tip credit, employers generally must:

  • Pay at least $2.13/hour in direct wages
  • Ensure tips bring total compensation to at least $7.25/hour
  • Make up the difference if tips are insufficient
  • Inform employees about tip credit provisions
  • Maintain accurate tip records

Tip Pooling:

Kansas law does not specifically address tip sharing or pooling arrangements. Federal FLSA standards generally permit mandatory tip pools among employees who customarily receive tips, but prohibit including managers or supervisors.

For specific guidance on tip credit and pooling arrangements, consult the Kansas Department of Labor or the Federal Wage and Hour Division.

Subminimum Wage Provisions

Federal law permits certain subminimum wage rates under specific circumstances, which Kansas generally follows.

Youth Minimum Wage

Employers may pay qualifying workers under age 20 a training wage for their first 90 calendar days of employment:

  • Rate: $4.25/hour
  • Duration: First 90 consecutive calendar days
  • After 90 Days: Full minimum wage ($7.25) applies
  • Restrictions: Cannot displace other workers

Full-Time Students

With a certificate from the U.S. Department of Labor, employers may pay full-time students:

  • Rate: 85% of minimum wage ($6.16/hour)
  • Settings: Retail, service, agriculture, or colleges/universities
  • Hours: Limited to 20 hours/week during school, 40 hours when not in school
  • Upon Graduation: Full minimum wage applies

Workers with Disabilities

Employers may obtain certificates from the Wage and Hour Division allowing subminimum wages for workers whose disabilities affect productive capacity. This requires specific authorization and documentation.

Source: U.S. Department of Labor – https://www.dol.gov/agencies/whd

Minimum Wage Exemptions

The federal FLSA exempts certain categories from minimum wage requirements:

Common Exemptions:

  • Executive, administrative, and professional employees (meeting salary and duties tests)
  • Outside sales employees
  • Certain computer professionals
  • Some agricultural workers
  • Certain seasonal/recreational establishment employees

Exemption determinations are fact-specific. Employers should verify exemption status with the Federal Wage and Hour Division at 913-551-5721 or consult legal counsel.

Wage Payment and Deductions

According to Kansas law (K.S.A. 44-313 et seq.):

Payment Frequency:

  • Employers must pay at least once per month
  • Payments must occur on regular, designated paydays
  • Employees must be informed of paydays in advance

Permissible Deductions:

Employers may deduct from wages:

  • Those required by law (taxes, court orders)
  • Those authorized in writing by the employee
  • Those for the employee’s benefit (insurance, retirement)

Prohibited Deductions:

Generally, employers cannot deduct for:

  • Cash shortages without written authorization
  • Breakage or damage without written authorization
  • Uniforms or tools required for employment (if reduction brings wages below minimum)

Recordkeeping Requirements

Kansas requires employers to maintain wage records for at least three years, including:

  • Employee names and addresses
  • Hours worked
  • Rates of pay
  • Total wages paid
  • Deductions made
  • Pay period dates

Remote Workers: Same recordkeeping requirements apply regardless of work location.

Resources for Minimum Wage Questions

Kansas Department of Labor:

  • Employment Standards Division: 785-296-7017
  • Website: https://www.dol.ks.gov/
  • Wage Complaints: File through Employment Standards Division

Federal Wage and Hour Division:

Overtime and Hours Standards

Kansas Overtime Requirements

Kansas has unique overtime provisions that differ from federal standards. Understanding both state and federal requirements is important for compliance.

State vs. Federal Standards:

Standard Threshold Rate Coverage
Kansas State Law 46 hours/week 1.5x regular rate Employers not covered by FLSA
Federal FLSA 40 hours/week 1.5x regular rate Most employers

Practical Application:

According to the Kansas Department of Labor, most Kansas employers are covered by federal FLSA, which requires overtime after 40 hours. The more protective standard (lower threshold) generally applies, meaning federal overtime at 40 hours typically governs.

Source: Kansas Department of Labor FAQ – https://www.dol.ks.gov/employers/workplace-laws/workplace-laws-faqs

Calculating Overtime

Regular Rate Calculation:

Overtime must be calculated based on the “regular rate” which generally includes:

  • Hourly wages
  • Salary converted to hourly equivalent
  • Non-discretionary bonuses
  • Shift differentials
  • Certain other compensation

Excluded from Regular Rate:

  • Discretionary bonuses
  • Gifts
  • Payments for time not worked (vacation, sick leave)
  • Premium pay for weekend/holiday work
  • Reimbursement for expenses

For Remote Workers:

Overtime calculations for remote workers follow the same principles as on-site workers. Employers must:

  • Track all hours worked accurately
  • Include all compensable time in calculations
  • Apply overtime rate to hours over threshold
  • Ensure remote workers understand time-tracking requirements

Daily Overtime

Important Note: Kansas does not require overtime for work beyond a certain number of hours in a single day. Overtime is calculated on a weekly basis only.

Some states require daily overtime (e.g., California requires overtime after 8 hours in a day), but Kansas does not have this requirement.

Overtime Exemptions

Federal FLSA provides exemptions from overtime requirements for certain employees meeting specific criteria. Kansas generally follows these federal exemptions.

White Collar Exemptions

Executive, Administrative, and Professional Employees

To qualify for exemption, employees generally must meet three tests:

1. Salary Basis Test

  • Paid a predetermined salary not subject to reduction based on quality or quantity of work

2. Salary Level Test (2025)

  • Minimum salary: $844/week ($43,888 annually) as of July 1, 2024
  • Higher threshold ($1,128/week or $58,656 annually) effective January 1, 2025

Note: Salary thresholds are subject to federal regulatory changes. Verify current levels with the U.S. Department of Labor.

3. Duties Test

Must perform exempt-level duties as defined by federal regulations:

Executive Exemption:

  • Primary duty is management
  • Regularly supervises two or more employees
  • Authority to hire/fire or recommendations given particular weight

Administrative Exemption:

  • Primary duty is office or non-manual work related to management or general business operations
  • Exercises discretion and independent judgment on significant matters

Professional Exemption:

  • Primary duty requires advanced knowledge in a field of science or learning
  • Advanced knowledge acquired through prolonged specialized instruction

All Three Tests Required: Employees must meet salary basis, salary level, AND duties tests to be exempt. Job title alone does not determine exemption status.

Computer Employee Exemption

Computer employees may be exempt if paid either:

  • Salary: At least $844/week ($1,128/week as of January 1, 2025)
  • Hourly: At least $27.63/hour

AND performing duties such as:

  • Systems analysis and design
  • Computer programming
  • Software engineering
  • Other similarly skilled work

Does Not Include: Help desk, support technicians, or employees primarily using computers to perform other work.

Highly Compensated Employees

Employees earning total annual compensation of $132,964 or more (as of January 1, 2025) may be exempt if they:

  • Perform office or non-manual work
  • Customarily and regularly perform at least one exempt duty

Outside Sales Exemption

Employees are exempt from overtime if:

  • Primary duty is making sales or obtaining orders/contracts
  • Customarily and regularly engaged away from employer’s place of business

No minimum salary requirement for outside sales exemption.

Compensable Time for Remote Workers

Determining “hours worked” for remote employees can involve unique considerations.

Generally Compensable Time Includes:

According to federal guidance and Kansas regulations:

  • Time performing actual work duties
  • Required meetings and training (virtual or in-person)
  • Time waiting to work if employee must remain at designated location
  • Short breaks (typically under 20 minutes)
  • Travel during work hours

Generally Not Compensable:

  • Commute time (even for remote workers)
  • Meal periods of 30+ minutes when employee is completely relieved of duties
  • Time spent on personal activities
  • Sleep time during overnight shifts (with specific exceptions)

Remote Work Complexities:

For remote workers, questions may arise about:

  • Responding to emails outside regular hours
  • After-hours phone calls or texts
  • On-call time from home
  • Attending virtual meetings outside scheduled hours

General Principle: Time is compensable when the employer “suffers or permits” work to be performed, even if not requested. Employers should establish clear policies about:

  • Expected work hours for remote employees
  • After-hours communication expectations
  • How to report all time worked
  • Approval processes for overtime

Meal and Rest Break Requirements

Kansas Law on Breaks:

According to the Kansas Department of Labor, Kansas does not have laws requiring employers to provide meal periods or rest breaks to adult employees.

Federal Law:

The federal FLSA also does not mandate breaks or meal periods. However, if an employer chooses to provide breaks:

Short Breaks (5-20 minutes):

  • Must be paid as work time
  • Cannot be deducted from hours worked

Meal Periods (30+ minutes):

  • May be unpaid if employee is completely relieved of duties
  • Must be paid if employee performs any work during meal period
  • Must be paid if employee cannot leave workstation

Recommendation for Remote Workers:

While not legally required, employers may consider:

  • Establishing clear break policies for remote workers
  • Encouraging regular breaks for health and productivity
  • Documenting meal period practices
  • Ensuring unpaid meal periods are truly duty-free

Source: Kansas Department of Labor – https://www.dol.ks.gov/employers/workplace-laws/workplace-laws-faqs

Recordkeeping for Hours Worked

Employers must maintain accurate records of hours worked, including for remote employees.

Required Records:

  • Hours worked each day
  • Total hours worked each workweek
  • Basis of pay (hourly, salary, etc.)
  • Regular hourly rate
  • Total overtime pay
  • Time-keeping system documentation

Remote Work Tracking:

Employers should implement systems to:

  • Track remote worker hours accurately
  • Ensure workers report all time worked
  • Document start/stop times
  • Record breaks and meal periods
  • Capture any after-hours work

Resources for Overtime Questions

Kansas Department of Labor:

Federal Wage and Hour Division:

Leave and Benefits

Overview

Kansas does not require employers to provide most types of paid or unpaid leave, with federal law providing the primary leave protections. This section outlines what Kansas does and does not require, plus federal leave entitlements.

Paid Sick Leave

Kansas Law: Kansas does not require private employers to provide paid or unpaid sick leave.

According to the Kansas Department of Labor, providing sick leave is voluntary. Employers may choose to offer sick leave as a benefit, but state law does not mandate it.

If Employer Provides Sick Leave:

When sick leave is offered voluntarily, employers should:

  • Clearly communicate policies in writing
  • Apply policies consistently
  • Specify accrual rates, if applicable
  • Explain usage requirements and limitations
  • Address what happens to unused leave upon termination

Federal Context:

Some federal laws may require unpaid sick leave (FMLA) or reasonable accommodation for disabilities (ADA), but no federal law mandates paid sick leave for private employers.

Vacation Leave

Kansas Law: Kansas does not require employers to provide paid vacation or PTO.

Employer Policies:

If employers offer vacation benefits:

  • Policies should be clearly written
  • Accrual and usage terms should be specific
  • State whether unused vacation is paid upon termination
  • Apply policies consistently

Use-It-or-Lose-It Policies:

Kansas law generally permits “use-it-or-lose-it” vacation policies, where unused vacation expires at year-end, provided employees have reasonable notice and opportunity to use accrued time.

Payout Upon Termination:

Kansas law does not require payout of accrued vacation upon termination unless:

  • Company policy promises payout
  • Employment contract requires payout
  • Employee handbook creates enforceable commitment

Holiday Pay

Kansas Law: Kansas does not require private employers to provide paid or unpaid holiday leave.

Providing holiday pay is entirely at employer discretion. Employers are not required to:

  • Close for holidays
  • Provide premium pay for holiday work
  • Offer any specific holidays off

Family and Medical Leave Act (FMLA)

Federal Law – Applies to Eligible Kansas Employers

The FMLA is a federal law providing unpaid, job-protected leave for specified family and medical reasons.

Employer Coverage:

FMLA applies to employers with:

  • 50 or more employees
  • Within 75 miles of the worksite
  • For each working day during 20 or more weeks in current or preceding year

Employee Eligibility:

Employees qualify for FMLA if they:

  • Work for a covered employer
  • Have worked for employer for at least 12 months
  • Have worked at least 1,250 hours during the 12 months before leave
  • Work at location with 50+ employees within 75 miles

Leave Entitlement:

Eligible employees may take up to 12 weeks of unpaid leave in a 12-month period for:

  • Birth and care of newborn child
  • Adoption or foster care placement
  • Care for spouse, child, or parent with serious health condition
  • Employee’s own serious health condition preventing work
  • Qualifying military family leave

Military Family Leave: Up to 26 weeks for care of injured/ill service member.

FMLA and Remote Workers:

FMLA generally applies to remote workers who meet eligibility criteria. The 75-mile radius test is based on where the employee reports or from where they receive assignments.

Source: U.S. Department of Labor FMLA – https://www.dol.gov/agencies/whd/fmla

Military Leave

Federal USERRA:

The Uniformed Services Employment and Reemployment Rights Act (USERRA) protects military service members’ employment rights, including:

  • Right to reemployment after military service
  • Protection against discrimination
  • Continuation of health benefits during service

Kansas State Law:

Kansas law (K.S.A. 48-517) provides that employers must grant leave to employees called or ordered to active military duty by Kansas or any other state. Private employers are not required to pay employees during military leave.

Source: Kansas Statutes 48-517

Jury Duty Leave

Kansas Law: Employers must give employees time off for jury duty, but are not required to pay employees during jury service.

According to Kansas law, employers cannot:

  • Prevent employees from serving on jury duty
  • Retaliate against employees for serving
  • Require use of vacation time for jury service

Employers may choose to pay employees during jury duty as a benefit, but this is not legally required.

Voting Leave

Kansas law does not have specific provisions requiring time off for voting. However, employers may choose to allow time off as a matter of policy.

Polls in Kansas are typically open from 7 AM to 7 PM, providing non-work hours for most employees to vote.

Crime Victim Leave

Kansas law provides protections for employees who are crime victims or whose family members are crime victims.

According to Kansas statutes, employers cannot terminate employees for:

  • Attending court proceedings related to crime victim status
  • Complying with subpoenas to testify
  • Honoring victim rights under Kansas law

This protection applies regardless of employer size.

Domestic Violence Leave

Kansas law provides some protections for victims of domestic violence. Employers should be aware of obligations to provide reasonable accommodations and cannot discriminate against domestic violence victims.

Volunteer Firefighter/Emergency Services Leave

Kansas law (K.S.A. 44-131) prohibits employers from discharging employees for performing duties as:

  • Volunteer firefighters
  • Volunteer emergency medical service providers
  • Volunteer reserve or part-time law enforcement officers

This protection does not apply to full-time firefighters or law enforcement officers.

Leave Resources

Kansas Department of Labor:

U.S. Department of Labor:

Workers' Compensation

Overview of Kansas Workers’ Compensation

Workers’ compensation provides benefits to employees injured on the job, including medical treatment and wage replacement. Understanding coverage requirements and claim procedures is important for both employers and employees.

Important Note: Workers’ compensation coverage determinations are fact-specific. For questions about specific situations, consult the Kansas Division of Workers Compensation or legal counsel.

Coverage Requirements

Mandatory Coverage Threshold:

According to Kansas law (K.S.A. 44-505), workers’ compensation coverage is generally required for employers in non-agricultural businesses with more than $20,000 in gross annual payroll during a calendar year.

Payroll Calculation:

When determining the $20,000 threshold:

  • Count all wages paid to all workers
  • Include wages paid both inside and outside Kansas
  • For corporations, include all wages (family member exclusion does not apply)
  • For non-corporate businesses, wages to sole proprietors, partners, LLC members, and their family members may be excluded

Coverage Obligation:

Employers meeting the threshold must:

  • Secure workers’ compensation insurance
  • File reports of work accidents within 28 days if injury keeps employee from working more than one day
  • Display required posters informing employees of their rights

Failure to Comply:

Employers who fail to secure coverage or report accidents may face:

  • Fines of $250 per failure to report
  • Potential business closure
  • Direct liability for workplace injuries
  • Other penalties

Source: Kansas Division of Workers Compensation – https://www.dol.ks.gov/workers-compensation/overview

Excluded Categories

According to Kansas law, the following categories are generally excluded from mandatory coverage:

  1. Sole proprietors, LLC members, and partners (though other employees must be covered if payroll exceeds $20,000)
  2. Employers engaged in certain agricultural pursuits
  3. Real estate agents qualifying as independent contractors
  4. Firefighters belonging to associations that waived coverage
  5. Certain owner-operator vehicle drivers with occupational accident insurance

Note: Exclusions are specific and fact-dependent. Verify status with the Kansas Division of Workers Compensation.

How to Obtain Coverage

Kansas operates a private insurance system. Employers can obtain coverage through:

1. Private Insurance Carriers

  • Purchase policy from licensed insurance company
  • Compare rates and coverage from multiple carriers
  • Ensure carrier is authorized to write coverage in Kansas

2. Self-Insurance

  • Large employers may apply to self-insure
  • Requires approval from Kansas Department of Labor
  • Must demonstrate financial capacity
  • Subject to ongoing oversight

3. Group-Funded Self-Insurance Plans

  • Employers can join authorized group-funded pools
  • Shares risk among pool members
  • Requires approval and oversight

Finding Insurance:

The Kansas Department of Labor provides resources for finding insurance carriers. Contact the Coverage and Compliance unit at 785-296-4000, option 4, or email kdol.wccompliance@ks.gov.

Remote Worker Coverage Considerations

Workers’ compensation coverage for remote workers involves determining whether injuries “arise out of and in the course of employment.”

General Principles:

According to Kansas workers’ compensation law, compensable injuries generally must:

  • Arise out of employment (causal connection to work)
  • Occur in the course of employment (time, place, and circumstances)

Application to Remote Workers:

For remote workers, coverage analysis may examine:

  • Whether injury occurred during work hours
  • Whether injury occurred in designated work area
  • Whether employee was performing work duties
  • Whether activity served employer’s interests
  • Nature of the injury and circumstances

Fact-Specific Determinations:

Each workers’ compensation claim is evaluated based on its specific facts. Neither employers nor this guide can make coverage determinations. The Kansas Division of Workers Compensation has authority to determine compensability.

Example Scenarios (Illustrative Only)

The following scenarios demonstrate general concepts only. They are NOT coverage determinations and actual outcomes depend on complete factual analysis by the workers’ compensation agency.

Scenario 1: Equipment-Related Injury

An employee trips over equipment cables in their home office while retrieving work documents during scheduled work hours.

General Considerations:

  • Work-related activity (retrieving documents)
  • During work hours
  • In designated work area
  • Involved work equipment

Whether this would be compensable depends on many additional factors including employer knowledge of setup, work expectations, and complete circumstances. This requires official determination.

Scenario 2: Repetitive Stress Injury

An employee develops carpal tunnel syndrome from extended typing while performing work duties remotely.

General Considerations:

  • Work-related activity
  • Gradual injury from job duties
  • Medical documentation needed

Repetitive stress injuries may be compensable in some circumstances, but determinations involve medical evidence and analysis of work-relatedness.

Scenario 3: Personal Activity

An employee is injured while preparing a personal meal in their kitchen during lunch break.

General Considerations:

  • Personal comfort activity
  • During break from duties
  • Unrelated to work performance

Activities unrelated to work may be less likely to be considered work-related, but specific facts matter.

Critical Reminder: These examples are for general understanding only. They do not predict outcomes or constitute legal advice. Coverage determinations must be made by the Kansas Division of Workers Compensation based on complete information.

Benefits Available

According to Kansas workers’ compensation statutes, benefits may include:

Medical Benefits:

  • Reasonable and necessary medical treatment
  • Related to the work injury
  • Provided by authorized healthcare providers

Wage Replacement:

  • Temporary total disability: 66.67% of average weekly wage
  • Maximum: 75% of state average weekly wage
  • Paid while unable to work due to injury

Permanent Disability:

  • Compensation for permanent impairment
  • Based on medical ratings and wage loss
  • Calculated according to statutory schedule

Vocational Rehabilitation:

  • Services to help return to work
  • Retraining if necessary
  • Provided when appropriate

Death Benefits:

  • Benefits to dependents
  • Burial expenses
  • According to statutory schedule

Actual benefits depend on injury severity, medical findings, and statutory provisions.

Source: Kansas Workers Compensation Act – K.S.A. 44-501 et seq.

Claim and Reporting Process

For Employees:

If injured at work (including at home office):

  1. Report Immediately: Notify employer/supervisor as soon as possible
    • Deadline: Within 20 days of injury (10 days recommended)
    • For repetitive injuries: Within 20 days of medical treatment
  2. Seek Medical Treatment: Get necessary medical care
    • May seek initial unauthorized care (up to $800 covered)
    • Contact State Self Insurance Fund for authorization
    • Emergency: Go directly to emergency room
  3. Document Injury: Provide medical information to employer
  4. File Claim if Necessary: If dispute arises over benefits

For Employers:

When employee reports injury:

  1. Report to Insurance Carrier: Immediately notify carrier
  2. File with State: Submit First Report of Injury to Kansas Division of Workers Compensation
    • Deadline: Within 28 days if injury prevents work more than one day
    • Form: First Report of Injury form
  3. Provide Medical Care: Authorize necessary treatment through carrier
  4. Pay Benefits: As directed by insurance carrier or statute

Failure to Report Penalty: $250 fine for each failure to report within required timeframe

Dispute Resolution

If disputes arise about coverage or benefits:

Step 1: Informal Resolution

  • Work with insurance carrier
  • Contact workers’ compensation ombudsman
  • Attempt mediation

Step 2: Preliminary Hearing

  • Administrative Law Judge may issue temporary orders

Step 3: Formal Hearing

  • ALJ conducts hearing and issues decision
  • Decision based on evidence presented

Step 4: Appeals

  • Appeal to Kansas Workers Compensation Appeals Board
  • Further appeal to Kansas Court of Appeals (in some cases)

Workers’ Compensation Consultants:

The Kansas Division of Workers Compensation provides consultants (ombudsmen) who offer impartial guidance to:

  • Injured workers
  • Employers
  • Insurance professionals

Contact: 785-296-4000, option 1

Note: Consultants are not attorneys and cannot provide legal advice.

Resources and Contacts

Kansas Division of Workers Compensation:

Regional Offices:

  • Overland Park: 913-642-7650
  • Wichita: 316-267-9510
  • Salina: 785-827-0724
  • Garden City: 620-275-0414

For Legal Representation:

  • Workers’ compensation attorneys
  • Kansas Bar Association: 785-234-5696

Tax Nexus and Withholding

Understanding Tax Obligations for Remote Workers

Tax implications of remote work can be complex, involving state income tax withholding, employer tax nexus, and employee filing obligations. This section provides general background information only – consult tax professionals for specific situations.

Important: This is NOT tax advice. Tax laws are complex and fact-specific. Consult a licensed CPA, enrolled agent, or tax attorney for guidance on tax matters.

Kansas Income Tax Overview

Kansas imposes a state income tax on individuals. According to the Kansas Department of Revenue, Kansas residents are taxed on all income regardless of source, while non-residents are taxed only on Kansas-source income.

2025 Tax Rates (Single Filers):

Income Range Tax Rate
$0 - $15,000 3.1%
$15,001 - $30,000 5.25%
Over $30,000 5.7%

Note: Rates vary by filing status. Verify current rates with Kansas Department of Revenue.

Source: Kansas Department of Revenue – https://www.ksrevenue.gov/

Withholding Requirements for Employers

Kansas Resident Working Remotely in Kansas

Scenario: Employee lives in Kansas and works remotely from Kansas location for Kansas or out-of-state employer.

Withholding Obligation:

According to Kansas Department of Revenue guidance:

  • Kansas income tax withholding is required
  • Employer must withhold based on Kansas tax tables
  • Employee will file Kansas resident tax return

This applies whether the employer is located in Kansas or another state.

Kansas Resident Working in Another State

Scenario: Kansas resident employee physically performs work in another state (not Kansas).

Withholding Obligation:

According to Kansas guidance:

  • Employer withholds both Kansas tax and work state tax
  • Kansas provides credit for taxes paid to other state
  • Employee receives credit on Kansas return for other state taxes

Reciprocal Agreements:

Kansas does NOT have reciprocal tax agreements with neighboring states (Missouri, Nebraska, Oklahoma, Colorado). This means Kansas residents working in these states are subject to both states’ taxes with credit provisions.

Non-Resident Working Remotely in Kansas

Scenario: Employee who is not a Kansas resident physically performs work from a Kansas location.

Withholding Obligation:

According to Kansas Department of Revenue:

  • Kansas withholding required for work performed in Kansas
  • Computed on total wages, then multiplied by nonresident percentage
  • Nonresident percentage = Kansas services / total services

Formula:

  1. Calculate Kansas withholding on total wages
  2. Multiply by (Kansas work days / total work days)
  3. Result = Kansas withholding amount

Example (Illustrative Only):

Employee works 60% of time in Kansas, 40% in home state:

  • Calculate Kansas tax on full $50,000 salary
  • Multiply result by 60%
  • This is Kansas withholding amount

Employee will file Kansas nonresident return reporting only Kansas-source income.

Source: Kansas Department of Revenue Withholding FAQ – https://www.ksrevenue.gov/faqs-withholding.html

Tax Nexus for Employers

Having remote employees in Kansas may create tax nexus for out-of-state employers.

What is Nexus?

Nexus is the connection between a business and a state that subjects the business to that state’s taxing authority.

Physical Presence Nexus:

According to general principles:

  • Having employees in Kansas generally creates physical presence
  • This may trigger Kansas corporate income tax obligations
  • May also trigger sales tax collection obligations
  • Applies even for single remote employee in some circumstances

Income Tax Nexus:

An employer with Kansas-based remote employees may need to:

  • Register with Kansas Department of Revenue
  • File Kansas corporate income tax returns
  • Pay Kansas income tax on apportioned income

Sales Tax Nexus:

Remote employees may create sales tax nexus requiring:

  • Collection of Kansas sales tax on Kansas sales
  • Registration as Kansas retailer
  • Filing Kansas sales tax returns

Thresholds and Exceptions:

Some exemptions exist, including Public Law 86-272 for businesses only soliciting sales. However, remote employees performing non-sales activities may void this protection.

Recommendation: Out-of-state employers with Kansas remote employees should consult tax professionals to determine nexus and filing obligations.

Employee Tax Filing Obligations

Kansas Residents:

Kansas residents generally must file if:

  • Required to file federal return AND
  • Have gross income exceeding Kansas standard deduction

Non-Residents:

Non-residents must file Kansas return if:

  • Receive income from Kansas sources AND
  • Income exceeds standard deduction

According to Kansas statutes, even minimal Kansas-source income may trigger filing requirement if federal filing is required.

Remote Worker Considerations:

Remote workers should:

  • Track where work is performed (state-by-state)
  • Maintain records of work location
  • Understand home state and work state filing requirements
  • Consider state tax credits to avoid double taxation

Payroll Tax Considerations

Federal Taxes:

Regardless of work location:

  • Federal income tax withholding required
  • FICA (Social Security/Medicare) applies
  • FUTA (federal unemployment tax) applies

State Unemployment Tax:

Unemployment tax is typically paid to the state where work is performed or where employee has base of operations. Multi-state situations can be complex.

Local Taxes:

Kansas localities generally do not impose income or payroll taxes, simplifying local compliance compared to some states.

Resources for Tax Questions

Kansas Department of Revenue:

IRS:

Professional Assistance:

  • Licensed CPA
  • Enrolled Agent
  • Tax Attorney

Critical Reminder: Tax laws are complex and subject to frequent change. The information above is general background only. Consult qualified tax professionals for advice on specific situations.

Anti-Discrimination Laws

Kansas Act Against Discrimination (KAAD)

Kansas prohibits employment discrimination through the Kansas Act Against Discrimination (KAAD), which provides protections similar to federal civil rights laws but with some differences in coverage and enforcement.

Statutory Authority: K.S.A. 44-1001 et seq.
Enforcing Agency: Kansas Human Rights Commission
Website: http://www.khrc.net/

Protected Characteristics

According to the KAAD, employers cannot discriminate in employment based on:

  1. Race
  2. Religion
  3. Color
  4. Sex (including pregnancy under state regulations)
  5. Disability
  6. National Origin
  7. Ancestry
  8. Age (under Kansas Age Discrimination in Employment Act – KADEA)

Sex Discrimination:

Kansas regulations recognize pregnancy discrimination as a form of sex discrimination. Employers must:

  • Provide leave for reasonable period for pregnancy/childbirth
  • Treat pregnancy as temporary disability for job-related purposes
  • Apply same terms to pregnancy as to other temporary disabilities

Source: Kansas Administrative Regulations 21-32-6

Covered Employers

Important Distinction: The KAAD applies to employers with 4 or more employees, providing broader coverage than federal Title VII (which applies to employers with 15+).

Covered Entities:

  • Private employers with 4+ employees
  • Labor organizations
  • Employment agencies
  • State and local government employers
  • Public corporations and instrumentalities

Employee Count:

According to Kansas Human Rights Commission guidance:

  • Count part-time and full-time employees
  • Count employees during each working day of 20 or more weeks in current or preceding calendar year
  • Remote employees count toward total

Prohibited Employment Practices

Under K.S.A. 44-1009, employers cannot:

In Hiring:

  • Refuse to hire based on protected characteristics
  • Use discriminatory advertising or job postings
  • Inquire about protected characteristics in ways that suggest discrimination

In Employment Terms:

  • Discriminate in compensation
  • Discriminate in terms, conditions, or privileges of employment
  • Limit, segregate, or classify employees in discriminatory ways

In Advancement:

  • Discriminate in promotion decisions
  • Deny training or development opportunities based on protected status

In Termination:

  • Discharge or discipline based on protected characteristics
  • Force retirement based on age

Retaliation:

The KAAD prohibits retaliation against individuals who:

  • Oppose discriminatory practices
  • File complaints
  • Testify or assist in KAAD proceedings

Source: K.S.A. 44-1009

Religious Accommodation

Kansas law requires employers to reasonably accommodate religious practices unless doing so would impose undue hardship.

Reasonable Accommodations May Include:

  • Schedule adjustments for religious observances
  • Dress code modifications for religious attire
  • Prayer break allowances
  • Workplace modifications

Undue Hardship:

According to federal and Kansas standards, undue hardship exists when accommodation would:

  • Impose more than minimal cost on operations
  • Compromise workplace safety
  • Decrease workplace efficiency
  • Infringe on other employees’ rights

Accommodation determinations are fact-specific and should be made in consultation with legal counsel.

Disability Discrimination and Accommodation

The KAAD prohibits disability discrimination and requires reasonable accommodation.

Coverage:

Applies to employers with 4+ employees (compared to 15+ under federal ADA).

Qualified Individual:

Employee or applicant who:

  • Can perform essential job functions
  • With or without reasonable accommodation

Reasonable Accommodations May Include:

  • Workplace modifications
  • Equipment or assistive technology
  • Schedule adjustments
  • Job restructuring
  • Reassignment to vacant position

Interactive Process:

Employers should engage in interactive dialogue with employees to:

  • Identify limitations
  • Explore possible accommodations
  • Determine effective reasonable accommodations

Undue Hardship:

Accommodation not required if it would create undue hardship (significant difficulty or expense).

Remote Work as Accommodation:

In some cases, remote work may be a reasonable accommodation for disabilities. Determinations depend on:

  • Essential job functions
  • Whether remote performance is feasible
  • Impact on operations
  • Individual circumstances

Pregnancy Discrimination

Kansas regulations (K.A.R. 21-32-6) specifically address pregnancy discrimination as sex discrimination.

Employer Obligations:

Covered employers must:

  • Provide leave for reasonable period for pregnancy/childbirth
  • Treat pregnancy-related disabilities as temporary disabilities
  • Apply same terms to pregnancy as to other temporary conditions
  • Not force leave or terminate due to pregnancy
  • Allow return to same or similar position

Not Required:

Kansas law does not require:

  • Paid leave for pregnancy (though employers may choose to provide)
  • More generous treatment than other temporary disabilities
  • Light duty if not provided for other conditions

Federal Law:

The federal Pregnancy Discrimination Act (PDA) and Pregnant Workers Fairness Act (PWFA) may provide additional protections. Employers should ensure compliance with both state and federal requirements.

Age Discrimination

The Kansas Age Discrimination in Employment Act (KADEA) prohibits age discrimination.

Protected Age Group: Generally applies to individuals 40 and older

Prohibited Actions:

  • Discrimination in hiring, promotion, compensation, or termination based on age
  • Forced retirement (with limited exceptions)
  • Age-based harassment

Coverage: Applies to employers with 4+ employees

Harassment

While the KAAD text focuses on “terms and conditions” of employment, Kansas Human Rights Commission guidance addresses harassment as a form of discrimination.

Unlawful Harassment:

Harassment based on protected characteristics may violate KAAD when:

  • Severe or pervasive enough to create hostile work environment
  • Reasonable person would find intimidating, hostile, or abusive

Employer Liability:

Employers may be liable for:

  • Harassment by supervisors (vicarious liability)
  • Harassment by coworkers if employer knew or should have known and failed to take prompt corrective action

Prevention Recommendations:

  • Implement anti-harassment policies
  • Provide training
  • Establish clear complaint procedures
  • Investigate complaints promptly
  • Take appropriate corrective action

Remote Work Context:

Harassment can occur in remote settings through:

  • Virtual meetings
  • Emails and messaging
  • Phone calls
  • Other electronic communications

Employers should ensure policies and training address remote work scenarios.

Filing Complaints

Time Limit:

Complaints must be filed with Kansas Human Rights Commission within 6 months of the alleged discriminatory act.

For continuing patterns of discrimination, the 6-month period runs from the last act.

Process:

  1. File Complaint: Submit complaint to KHRC
  2. KHRC Investigation: Commission investigates allegations
  3. Probable Cause Determination: KHRC determines if probable cause exists
  4. Conciliation: If probable cause found, KHRC attempts settlement
  5. Public Hearing: If settlement fails, hearing before administrative law judge
  6. Decision: ALJ issues decision with findings and remedies

Dual Filing:

Complaints can be dual-filed with KHRC and federal EEOC if violations of both state and federal law are alleged.

Private Right of Action:

After exhausting KHRC procedures or if KHRC does not act within 300 days, complainants may file civil lawsuit.

Kansas Human Rights Commission:

  • Address: Landon State Office Building, 900 SW Jackson St., Suite 851-S, Topeka, KS 66612
  • Phone: 785-296-3206
  • Website: http://www.khrc.net/
  • Complaint Forms: Available on website

Remedies for Discrimination

If discrimination is found, remedies may include:

For Employees:

  • Back pay (lost wages)
  • Reinstatement
  • Front pay (in lieu of reinstatement)
  • Emotional distress damages
  • Policy changes
  • Training requirements

Attorney Fees:

Prevailing plaintiffs may recover attorney fees and costs.

For Employers:

Violations may result in:

  • Monetary damages
  • Required policy changes
  • Mandatory training
  • Ongoing compliance monitoring
  • Referral to Attorney General for enforcement

Remote Worker Protections

Remote workers employed by Kansas companies are protected under the KAAD. Key considerations:

Coverage Applies:

  • Kansas residents working remotely for Kansas employers
  • Workers performing duties from Kansas locations
  • May apply to out-of-state employers with Kansas-based remote employees

Same Protections:

  • Remote workers have same anti-discrimination protections as on-site employees
  • Harassment prohibitions apply to virtual interactions
  • Accommodation obligations extend to remote settings
  • Retaliation protections apply

Employer Obligations:

  • Ensure remote workers receive policy information
  • Provide harassment training for remote employees
  • Establish complaint procedures accessible to remote workers
  • Investigate complaints involving remote workers

Resources for Discrimination Questions

Kansas Human Rights Commission:

EEOC (Federal):

Legal Assistance:

  • Employment attorneys
  • Kansas Bar Association Referral: 785-234-5696

Workplace Safety

OSHA and Kansas Safety Standards

Workplace safety in Kansas is primarily governed by federal Occupational Safety and Health Administration (OSHA) standards, with state-level programs providing additional resources and compliance assistance.

Federal OSHA Standards

Kansas does not have an OSHA-approved state plan for private sector employers, meaning private employers are covered by federal OSHA.

General Duty Clause:

Employers must provide workplaces free from recognized hazards likely to cause death or serious physical harm.

Specific Standards:

OSHA publishes industry-specific standards covering:

  • General industry (29 CFR 1910)
  • Construction (29 CFR 1926)
  • Agriculture (29 CFR 1928)
  • Maritime (29 CFR 1915-1918)

OSHA Kansas Area Office:

  • Address: 6950 S Vivian, Wichita, KS 67215
  • Phone: 316-269-6644
  • Jurisdiction: Covers entire state of Kansas

Source: OSHA – https://www.osha.gov/

Kansas Industrial Safety and Health Division

The Kansas Department of Labor operates an Industrial Safety and Health (ISH) Division that provides consultation services to employers.

Services Provided:

  • Safety and health consultations
  • Hazard identification
  • Compliance assistance
  • Training and education
  • SHARP (Safety and Health Achievement Recognition Program)

Important: ISH consultation is separate from enforcement and does not result in citations.

Kansas ISH Division:

Remote Work Safety Considerations

OSHA’s general duty clause applies to remote workers, though enforcement and compliance create unique challenges.

Employer Obligations:

According to OSHA guidance:

  • Employers responsible for providing safe working conditions
  • Applies to home offices for work-related activities
  • Employers should consider ergonomic guidance
  • Safety training should extend to remote workers

Practical Challenges:

  • Limited employer control over home environment
  • Privacy concerns for home inspections
  • Difficulty monitoring compliance
  • Unclear standards for home office setups

Recommendations:

While not legal requirements, employers may consider:

  • Providing ergonomic equipment or guidance
  • Offering ergonomic assessments
  • Training on proper workstation setup
  • Clear policies on home office safety
  • Incident reporting procedures for remote workers

OSHA Recordkeeping:

Work-related injuries at home must be recorded on OSHA logs if:

  • Injury meets OSHA recordability criteria
  • Injury occurred while performing work for employer
  • Occurred in dedicated home workspace during work hours

Determining recordability for home injuries can be complex.

Reporting Requirements

Severe Injuries:

Employers must report to OSHA within specified timeframes:

  • Deaths: Within 8 hours
  • In-patient hospitalizations: Within 24 hours
  • Amputations: Within 24 hours
  • Loss of eye: Within 24 hours

This applies to remote workers if injury is work-related.

OSHA Hotline for Reporting: 1-800-321-OSHA (6742)

Unemployment Insurance

Kansas Unemployment Insurance Program

Kansas unemployment insurance provides temporary income support to eligible workers who lose employment through no fault of their own.

Administering Agency: Kansas Department of Labor
Funding: Employer payroll taxes

Employer Obligations

Coverage Requirement:

According to Kansas law, employers are generally covered if they:

  • Employ one or more workers for 20 weeks in a calendar year, OR
  • Pay wages of $1,500 or more in any calendar quarter

Employer Responsibilities:

Covered employers must:

  • Register with Kansas Department of Labor
  • File quarterly wage reports
  • Pay unemployment insurance taxes
  • Respond to claims and information requests
  • Maintain required records

Tax Rates:

Unemployment tax rates vary by employer based on:

  • Experience rating (claim history)
  • Industry classification
  • Taxable wage base ($14,000 for 2025)

New Employer Rate: Generally 2.7% for first 2-3 years

Employee Eligibility

To qualify for unemployment benefits in Kansas, individuals generally must:

1. Be Unemployed or Partially Unemployed

  • Total unemployment, OR
  • Part-time work with reduced hours/wages

2. Through No Fault of Their Own

  • Layoffs
  • Reduction in force
  • Lack of work

Not Eligible:

  • Voluntary quit without good cause
  • Discharge for misconduct
  • Refusal of suitable work

3. Meet Earnings Requirements

  • Earned sufficient wages during base period
  • Base period: First 4 of last 5 completed calendar quarters

4. Able and Available for Work

  • Physically able to work
  • Available for suitable employment
  • Actively seeking work

5. Register for Work Search

  • Register with Kansas employment services
  • Conduct active work search

Remote Workers and Unemployment

Filing Location:

Generally, claims are filed in the state where work was performed. Remote workers typically file in the state where they physically worked.

Interstate Claims:

Workers who worked in multiple states may file interstate claims combining wages from different states.

Remote Worker Considerations:

  • File in state where primarily working remotely
  • May combine wages from multiple states
  • Work search requirements apply (may include remote opportunities)

Benefit Amounts

Weekly Benefit Amount (WBA):

Kansas calculates weekly benefits as:

  • High quarter earnings ÷ 25
  • Subject to minimum ($147) and maximum ($560) for 2025

Duration:

Regular unemployment benefits available for up to:

  • 16 weeks (when unemployment rate is low)
  • 26 weeks (when unemployment rate is higher)

Duration tied to state unemployment rate and individual’s earnings.

Source: Kansas Department of Labor – https://www.dol.ks.gov/

Filing Claims

How to File:

Kansas unemployment claims can be filed:

Information Needed:

  • Social Security number
  • Driver’s license or state ID
  • Employer information (names, addresses, dates)
  • Reason for unemployment
  • Citizenship/work authorization status

Weekly Certifications:

Claimants must file weekly to:

  • Certify continued eligibility
  • Report earnings
  • Report work search activities
  • Receive benefits

Employer Response to Claims

When former employees file claims, employers receive notice and should:

1. Respond Promptly

  • Provide requested information
  • Submit within specified timeframe
  • Include relevant documentation

2. Provide Accurate Information

  • Reason for separation
  • Dates of employment
  • Wage information
  • Any relevant circumstances

3. Participate in Hearings

  • Attend if claim is disputed
  • Present evidence
  • Provide witness testimony if needed

Impact on Employer:

  • Claims affect experience rating
  • Higher claims = higher tax rates
  • Proper separation documentation important

Remote Work Best Practices

While not legal requirements, the following practices may help employers manage remote workers effectively and reduce compliance risks:

Clear Policies

Written Remote Work Policy:

  • Eligibility criteria
  • Expectations for availability and responsiveness
  • Equipment and technology provisions
  • Reimbursement policies
  • Performance standards
  • Data security requirements

Employee Handbook Updates:

  • Ensure policies address remote workers
  • Include state-specific leave rights for remote workers in various locations
  • Address virtual harassment and discrimination
  • Clarify how company policies apply in remote settings

Time Tracking Systems

For Non-Exempt Employees:

  • Implement reliable time-tracking system
  • Require reporting of all hours worked
  • Include after-hours work in time calculations
  • Regular review and approval of timesheets
  • Clear policy on obtaining approval for overtime

Technology Solutions:

  • Time-tracking software
  • Project management tools with time features
  • Mobile apps for remote time entry
  • Integration with payroll systems

Equipment and Ergonomics

Consider Providing:

  • Computers and necessary software
  • Phones or communication devices
  • Office furniture or ergonomic equipment
  • Internet stipends
  • Technology support

Ergonomic Guidance:

  • Information on proper workstation setup
  • Resources for ergonomic assessments
  • Guidelines for breaks and movement
  • Recommendations for home office arrangement

Communication and Training

Regular Communication:

  • Team meetings (virtual)
  • One-on-one check-ins
  • Clear channels for questions
  • Feedback mechanisms

Training:

  • Remote work tools and systems
  • Time-tracking procedures
  • Company policies as applied to remote work
  • Anti-harassment training (including virtual settings)
  • Data security and confidentiality

Performance Management

Clear Expectations:

  • Measurable goals and objectives
  • Deadlines and deliverables
  • Communication protocols
  • Availability requirements

Regular Reviews:

  • Performance evaluations
  • Feedback sessions
  • Documentation of performance issues
  • Recognition of achievements

Cybersecurity and Data Protection

Security Measures:

  • VPN requirements
  • Secure Wi-Fi standards
  • Password policies
  • Multi-factor authentication
  • Data encryption

Policies:

  • Acceptable use of company equipment
  • Protection of confidential information
  • Incident reporting procedures
  • BYOD (bring your own device) guidelines

Work-Life Balance

Encourage Boundaries:

  • Defined work hours
  • Respect for offline time
  • Regular breaks
  • Vacation use

Prevent Burnout:

  • Monitor workloads
  • Check in on well-being
  • Encourage time off
  • Provide mental health resources

Resources

Key Kansas Resources

Kansas Department of Labor:

  • Website: https://www.dol.ks.gov/
  • Main Phone: 785-296-5000
  • Employment Standards: 785-296-7017
  • Workers’ Compensation: 785-296-4000
  • Unemployment Insurance: 800-292-6333

Kansas Department of Revenue:

Kansas Human Rights Commission:

Kansas Secretary of State:

Federal Resources

U.S. Department of Labor:

  • Website: https://www.dol.gov/
  • Wage and Hour Division (Kansas): 913-551-5721
  • OSHA (Wichita): 316-269-6644

Internal Revenue Service:

Equal Employment Opportunity Commission:

Frequently Asked Questions

Q: Does Kansas require paid sick leave for remote workers?

A: No. Kansas does not require employers to provide paid sick leave to any employees, whether remote or on-site. Providing sick leave is voluntary.

Q: What is the minimum wage for remote workers in Kansas?

A: The minimum wage in Kansas is $7.25/hour, matching the federal rate. This applies based on where work is performed. Remote workers performing work from Kansas locations are generally subject to Kansas minimum wage.

Q: Are remote workers eligible for workers’ compensation in Kansas?

A: Workers’ compensation coverage depends on whether injuries arise out of and occur in the course of employment. Remote workers may be covered for work-related injuries, but determinations are fact-specific. Consult the Kansas Division of Workers Compensation for questions about specific situations.

Q: Can I hire a remote worker who lives in Kansas if my business is in another state?

A: Yes, but doing so may create tax and compliance obligations in Kansas. You may need to:

  • Register with Kansas Department of Revenue
  • Withhold Kansas income tax
  • Potentially file Kansas corporate returns
  • Comply with Kansas employment laws

Consult tax and legal professionals before hiring out-of-state remote workers.

Q: Do Kansas anti-discrimination laws protect remote workers?

A: Yes. The Kansas Act Against Discrimination applies to remote workers employed by Kansas companies or working from Kansas locations. Remote workers have the same anti-discrimination protections as on-site employees.

Q: How do I determine if a remote worker is an employee or independent contractor?

A: Classification depends on multiple factors examining the degree of control and independence in the relationship. The IRS uses a common law test examining behavioral control, financial control, and relationship type. Kansas follows similar principles for state purposes. Consult legal and tax professionals for classification determinations.

Q: Are meal breaks required for remote workers in Kansas?

A: No. Kansas does not require employers to provide meal breaks or rest breaks to any employees, including remote workers. If breaks are provided, short breaks (under 20 minutes) are generally compensable, while meal periods of 30+ minutes may be unpaid if the employee is completely relieved of duties.

Q: When must I pay terminated remote workers their final paycheck?

A: Kansas requires final wages to be paid by the next regular payday following termination. Payment can be mailed to remote workers and is considered paid when postmarked.

Q: Do I need to provide equipment to remote workers?

A: Kansas law does not specifically require employers to provide equipment to remote workers. However, employers cannot make deductions that would bring wages below minimum wage for required equipment. Consult with legal counsel about equipment policies and reimbursement.

Q: Can remote workers file for unemployment benefits in Kansas?

A: Remote workers who physically performed work in Kansas generally file unemployment claims with Kansas. Eligibility depends on meeting earnings requirements, being unemployed through no fault of their own, and being able and available for work. Remote workers have the same eligibility criteria as on-site workers.

Q: How do I track hours for remote workers?

A: While Kansas doesn’t mandate specific time-tracking methods, employers must maintain accurate records of hours worked. Options include:

  • Time-tracking software
  • Electronic timesheets
  • Project management tools
  • Honor system with supervisor verification

Choose a system that ensures accurate recording of all compensable time.

Q: Are there special OSHA requirements for home offices?

A: OSHA’s general duty clause applies to remote workers, but OSHA has not issued specific home office standards. Employers are responsible for work-related hazards but have limited control over home environments. Consider providing ergonomic guidance and safety information.

Q: Can I require remote workers to come to the office?

A: Generally yes, unless you have a contract or policy creating an enforceable right to remote work. Kansas is an at-will employment state, and employers can generally change work arrangements. However, consider:

  • Contractual commitments
  • Disability accommodation obligations
  • Impact on recruitment and retention
  • Clear communication of any changes

Others

Missouri
Nebraska
Oklahoma
Colorado
Texas

Legal Disclaimer: This guide provides general background information only and does not constitute legal, tax, or professional advice. Employment laws are complex and subject to interpretation. Consult licensed legal counsel and official state agencies for guidance specific to your situation.