Hiring New Employees in Kansas: Legal Guidelines for Employers

Develop a clear job description that outlines the position's responsibilities, required qualifications, and essential functions. Ensure the description complies with Kansas labor laws and does not contain discriminatory language. This will help attract qualified candidates and serve as documentation for the position requirements.

Advertise the position through appropriate channels such as job boards, company website, social media, or recruitment agencies. Ensure job postings comply with anti-discrimination laws and do not express preference based on protected characteristics (race, color, religion, sex, national origin, disability, age, etc.).

Create or update your employment application form to collect necessary information from candidates. Ensure the form complies with Kansas laws regarding prohibited pre-employment inquiries. Avoid questions about age, race, religion, disability, or other protected characteristics unless they are bona fide occupational qualifications.

Screen applications based on job-related criteria and conduct interviews with qualified candidates. Document the selection process to demonstrate non-discriminatory hiring practices. Keep interview questions job-related and avoid inquiries about protected characteristics.

Obtain written authorization from the candidate before conducting background checks. In Kansas, employers can check criminal history, but should consider the nature of the crime, time elapsed, and relevance to the job when making hiring decisions. Comply with the Fair Credit Reporting Act if using a third-party service.

Create a form that obtains the candidate's consent to perform background checks. The form should clearly state what information will be checked and how it will be used in the hiring decision. This form must comply with the Fair Credit Reporting Act requirements if using a third-party consumer reporting agency.

Draft an offer letter that includes the position title, start date, compensation, benefits, and employment status (full-time, part-time, exempt, non-exempt). In Kansas, which is an at-will employment state, consider including language that confirms the at-will nature of employment unless you intend to create a contract for a specific term.

If offering a contract rather than at-will employment, draft a comprehensive employment contract. Include terms such as duration of employment, compensation, benefits, termination conditions, confidentiality requirements, and dispute resolution procedures. Consider having an attorney review the contract to ensure compliance with Kansas law.

Draft a non-disclosure agreement to protect your company's confidential information and trade secrets. In Kansas, NDAs are generally enforceable if they are reasonable in scope and duration. The agreement should clearly define what information is considered confidential and the employee's obligations regarding this information.

If necessary for your business, draft a non-compete agreement. In Kansas, non-compete agreements are generally enforceable if they are reasonable in geographic scope, time duration, and protect legitimate business interests. The agreement should be narrowly tailored to protect your business without unduly restricting the employee's ability to earn a living.

Federal law requires all employers to verify employment eligibility using Form I-9 within 3 business days of the employee's start date. The employee must complete Section 1 on or before their first day of work. As the employer, you must examine the employee's identity and employment authorization documents and complete Section 2 within 3 business days of the start date.

Have the new employee complete Form W-4 to determine federal income tax withholding. This form must be completed before the first payroll is processed. Keep the completed form in the employee's file for at least four years after the date the tax becomes due or is paid, whichever is later.

Have the employee complete the Kansas K-4 form for state income tax withholding. Kansas has its own state withholding form that must be completed in addition to the federal W-4. Keep this form in the employee's file for at least four years.

If your company offers direct deposit, have the employee complete a direct deposit authorization form. In Kansas, employers cannot require employees to receive wages via direct deposit, so this should be presented as an option. The form should collect the employee's banking information and authorization to deposit funds.

Create a form to collect emergency contact information from the new employee. This information is crucial in case of workplace accidents or medical emergencies. The form should include space for multiple contacts and their relationship to the employee.

Kansas law requires employers to report all newly hired or rehired employees to the Kansas Department of Labor within 20 days of hire. This can be done online through the Kansas New Hire Directory. You'll need the employee's name, address, Social Security number, and date of hire, as well as your company's name, address, and Federal Employer Identification Number (FEIN).

If your company offers benefits such as health insurance, retirement plans, or other programs, provide the necessary enrollment forms and information to the new employee. In Kansas, employers are not required to provide benefits, but if offered, they must be administered in compliance with applicable laws such as ERISA, ACA, and HIPAA.

Kansas law requires all employers to provide workers' compensation coverage for employees, with very few exceptions. If you haven't already, obtain workers' compensation insurance through a private insurance carrier authorized to provide coverage in Kansas. Failure to carry required workers' compensation insurance can result in penalties.

If you haven't already, register with the Kansas Department of Labor for unemployment insurance. Most employers in Kansas are required to pay unemployment insurance taxes if they pay $1,500 or more in wages in a calendar quarter or have at least one employee for some portion of a day in each of 20 different weeks.

Create or update your employee handbook to include company policies, procedures, and expectations. In Kansas, it's important to clearly state that employment is at-will (if applicable) and include policies on anti-discrimination, harassment, leave, safety, and other workplace matters. Consider having an attorney review the handbook to ensure compliance with Kansas and federal laws.

Kansas and federal laws require employers to display certain posters in the workplace. These include notices about minimum wage, workplace safety, equal employment opportunity, family and medical leave (if applicable), and unemployment insurance. Ensure all required posters are displayed in a conspicuous location accessible to all employees.

Provide orientation for the new employee covering company policies, procedures, safety protocols, and job-specific training. Document the orientation process and any training provided. This helps ensure the employee understands expectations and can serve as evidence of compliance with training requirements.

Ensure your payroll system is set up to properly calculate and withhold federal and Kansas state income taxes, Social Security, and Medicare taxes. Kansas requires employers to withhold state income tax from employees' wages. Make sure your system complies with Kansas wage payment laws, including requirements for pay periods and pay statements.

Establish a system for maintaining required employment records. Federal and Kansas laws require employers to keep various records for specified periods. For example, payroll records must be kept for at least three years, and I-9 forms must be kept for three years after the date of hire or one year after termination, whichever is later.