labor lawAdivision of labor law center

If you thought the Iowa contractor distinctions were complicated when it comes to reporting new hires, check out the requirements set out by the new hire labor law in the state of Kansas. The state of Kansas goes into detail about exactly what constitutes an employer-employee relationship.

The basic definition in the state new hire labor law is that this relationship exists when you hire somebody to perform a certain defined job and can control how, when, and where that person carries out that job. It is this control over the employee that truly defines you as the employer, as well as your right to fire a work at will, or to let them go without cause.

Other ways the state of Kansas defined employer and employee are whether or not the employee is making their services available to the total general public or not, as well as whether or not you are providing the building, tools, and other things the employee needs in order to perform their job.

It’s also important to determine if the relationship was a one time thing, or if the employee is working for you continuously from the date of their hire. How do you pay your employee—by their time, by their effort, or in a piece rate? Is the job they are performing for you an integral part of what your business about?

This last question is key, as well as whether or not the job is being performed at your company’s place of business. Let’s say the job is not an integral part of your business—say, the worker is putting in new carpet in your pet store—then that person would be more of an independent contracted laborer than an actual employee. And under Kansas labor law on reporting new hires, the law holds different distinctions for independent contractors compared to full fledged employees.

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