Kansas Independent Contractors laws & HR compliance analysis

Kansas Independent Contractors: What you need to know

Whether a worker is an “employee” or an “independent contractor” is critical when it comes to such important issues as pension eligibility, workers' compensation coverage, wage and hour law, and many other matters. In some situations, federal law will govern, but the question is most often resolved by looking to state law, particularly in areas such as unemployment tax liability, workers' compensation, and state wage and hour requirements.
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The Kansas Supreme Court has ruled that whether or not an individual is an independent contractor or employee depends upon the facts and circumstances of the particular case. The first determining feature is whether or not there is a right on the part of the employer to control the manner in which the work is carried on. The court noted, however, that the question is not whether this control is actually exercised, but whether there is the right to exercise control (Schroeder v. American National Bank, 121 P.2d 186 (1942)). Thus, it is not the exercise of direction, supervision, or control over a worker which determines whether he or she is an employee or an independent contractor, but the right to exercise such direction, supervision, or control (Evans v. Board of Education, 284 P.2d 1068 (1955)).
For purposes of unemployment compensation coverage, Kansas applies the common-law definitions for determining whether an individual is an employee who is covered or an independent contractor who is exempt (KS Stat. Sec. 44-703).
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Last reviewed on August 14, 2018.

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