Recordkeeping/Posters Law Summaries
Kansas, Recordkeeping/Posters Law Summaries
WHAT THE EMPLOYER MUST DO
Employers in Kansas have recordkeeping responsibilities under the state's minimum wage and overtime pay law, wage payment law, child labor law and unemployment insurance law, according to reported law summaries. See RECORDKEEPING below for specific requirements.
In addition to any federally required posters, Kansas employers must display the following state posters: Notice to Workers About Unemployment Insurance (K-CNS 405); Kansas Law Provides Equal Opportunity in Employment; Notice: Your Employer is Subject to the Kansas Workers' Compensation Law Which Provides Compensation for Job-Related Injuries (K-WC 40); Child Labor-Notice of Hours (K-ESLR 100). See POSTERS below for specific requirements.
RECORDKEEPING
Minimum wages and overtime pay.- Every employer subject to Kansas' wage and hour law or regulations (all employers and employees, except those specifically exempted from the law, or those covered by the federal Fair Labor Standards Act, are covered by the wage and hour law) must make and keep records in the workplace that show the name and occupation of each employee, the rate of pay and the amount paid each pay period to each employee, the hours worked each day and each workweek by each employee and other information as may be prescribed by regulation (Kan StatAnn, Sec. 44-1209).
Records kept and maintained by employers covered under the federal Fair Labor Standards Act meet the employer's recordkeeping requirements under Kansas law (Kan StatAnn, Sec. 44-1209).
The employer's wage and hour records must be open for inspection or transcription by the Secretary of Human Resources or an authorized representative at any reasonable time (Kan StatAnn, Sec. 44-1209).
Retention requirement: not less than three years.
Wage payment.- Deductions from wages may be taken for medical, surgical or hospital care or service, without financial benefit to the employer, if they are openly, clearly and in due course recorded in the employer's books (Kan StatAnn, Sec. 44-319).
Child labor: Work permits.- Work permits for employees under 16 years of age must be kept on file by the employer and must be accessible to any inspector or officer charged with the enforcement of the law (Kan StatAnn, Sec. 38-604).
Preemployment.- When a complaint or notice of investigation has been served, employers must preserve all personnel records relevant to the investigation until the complaint or investigation is finally adjudicated (Kan AdminRegs, Sec. 21-42-5).
Unemployment insurance.- Every employer must keep true and accurate employment records, containing information prescribed by the Secretary of Human Resources.
Retention requirement: five years from the due date of the contributions for the period involved.
Audits.- An employer's books and records are subject to audit, based on a random computer selection of a pool of employer accounts. The audit is for a minimum of one calendar year and can include all five years encompassed by the statute of limitations.
All books and records, including time cards or sheets, specialized payroll books, check stubs and canceled checks, EDP records, general ledgers, the general journal, check register, cash disbursements journal, voucher register, petty cash record, and special corporate records -the minute book, stock register and corporate charter-may be examined during an audit. Certain federal tax forms-W-2, 1099, 940, 941 and business income tax forms-are among the records required.
Only one audit may be made of an employer's records for any given period of time. Upon request, the employer must be furnished a copy of the audit's findings. However, a special inquiry or special examination made for a specific and limited purpose is not an audit.
Reports.- The secretary may require employers to submit sworn or unsworn reports with respect to their employees. The information obtained is confidential, except to the extent necessary for the proper presentation of a claim or for the performance of duties by federal and state employees.
POSTERS
PLEASE NOTE: Posters are provided for informational purposes only. Many states require posters to be of a particular size, or may require the official poster issued by the regulating agency to be used, rather than a copy. Please check with the relevant agency to assure proper compliance.
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Wage payment.- Each employer must (Kan StatAnn, Sec. 44-320):
upon the request of an employee, notify the employee in writing or through a posted notice maintained in a place accessible to its employees or as required by a collective bargaining agreement, of any changes in the wage payment arrangements prior to the time of the changes;
upon the request of an employee, make available to the employee in writing or through a posted notice maintained in a place accessible to its employees or as required by a collective bargaining agreement, employment practices and policies with regard to vacation pay, sick leave and any other benefits to which the employee is entitled and that have a direct bearing upon wages payable.
Maximum hours of work: Child labor.- Employers must keep posted in a conspicuous place near the main entrance where minors under the age of 16 are employed a notice that states the maximum number of hours each minor can work for each workday, start and stop times, and the hours allowed for dinner or other meals. Forms for this notice are furnished by the state labor commissioner (Kan StatAnn, Sec. 38-605).
Meals and rest periods: Child labor.- Every employer must keep posted in a conspicuous place near the principal entrance, in any establishment where children under 16 years of age are employed, a notice stating, among other information, the hours allowed for dinner or other meals. The form for this notice will be furnished by the State Labor Commissioner (Kan StatAnn, Sec. 38-605).
Child labor.- Every employer must keep posted in a conspicuous place near the principal entrance, in any establishment where children under 16 years of age are employed, a notice stating the maximum number of hours such child may be required, or permitted to work, on each day of the week, the hours of commencing and stopping work and the hours allowed for dinner or other meals (Kan StatAnn, Sec. 38-605).
How to order.- Contact the Kansas Department of Human Resources, Employment Standards, 401 SW Topeka Blvd., Topeka, KS 66603-3182. Telephone: (785) 296-4062.
Kansas Child Labor Notice of Hours
KS_Child_Labor.pdf
Unemployment insurance.- Each employer must post and maintain an Unemployment Benefit Poster, as well as its certificate of registration as an “employer, ” in a conspicuous place in each plant, branch or establishment it maintains.
How to order.- Contact the Kansas Department of Human Resources, Employment Standards, 401 SW Topeka Blvd., Topeka, KS 66603-3182. Telephone: (785) 296-4062.
Kansas Unemployment Insurance Notice to Workers
KS_UI_Notice.pdf
Fair employment practices.- Employers are required to post in a conspicuous place notices setting forth requirements for compliance with the Act Against Discrimination or other relevant information that the Human Rights Commission determines necessary to explain the Act (Kan StatAnn, Sec. 44-1012).
Age.- Every person subject to Kansas' age discrimination law must keep posted in a conspicuous place or places on the person's premises notices to be prepared or approved by the commission that set forth excerpts of the age discrimination law and other relevant information that the commission considers necessary to explain the law (Kan StatAnn, Sec. 44-1114).
How to order.- Contact the Kansas Human Rights Commission, Landon State Office Building, 8th Floor, Suite 851 South, 900 SW Jackson Street, Topeka, KS 66612-1258. Telephone: (785) 296-8665.
Kansas Human Rights Poster - English
KS_Human_Rights_Eng.pdf
Kansas Human Rights Poster - Spanish
KS_Human_Rights_Sp.pdf
Whistleblowers.- Employers with four or more employees, including the state of Kansas and all of its political and municipal subdivisions (but not nonprofit fraternal, or social associations or corporations) must post notices to keep their employees informed of their protection from discharge or discrimination if they file complaints, testify or assist in any proceeding under the Kansas Act Against Discrimination (Kan StatAnn, Secs. 44-1012 and 44-1114).
The same whistleblower protection notice posting requirement exists for employers, employment agencies or labor organizations employing four or more persons and anyone acting directly or indirectly for such a person, including the state and all its political subdivisions (Kan StatAnn, Sec. 44-1112(d)).
Each state agency must prominently post a copy of the statutory provision prohibiting supervisors or appointing authorities from prohibiting civil service employees from discussing the operations of the agency with members of the state legislature; from reporting violations of state or federal laws or rules to any person, agency or organization; or requiring employees to give notice to the supervisor or appointing authority before making a report. The notice must be displayed in locations where it can be reasonably expected to come to the attention of all employees of the agency (Kan StatAnn, Sec. 75-2973(e)).
For information about the whistleblower protection notice prepared by the Human Rights Commission, contact the commission at 851-S Landon State Ofc., Bldg., 900 SW Jackson Street, Topeka, KS 66612-1252. Telephone: (785) 296-3206. Fax: (785) 296-0589. TDD: (913) 296-0245.
Public accommodations.-
Kansas Equal Opportunity in Public Accommodations Poster
KS_Equal_Opp_Pub_Accom.pdf
Fair housing.-
Kansas Fair Housing Poster
KS_Fair_Hsing.pdf
Holidays and vacations.- Each employer must, upon the request of an employee, make available to the employee in writing or through a posted notice maintained in a place accessible to its employees or as required by a collective bargaining agreement, employment practices and policies with regard to vacation pay (Kan StatAnn, Sec. 44-320).
Workers' compensation.- All Kansas employers must display the following notice in a conspicuous place:
Kansas Workers' Compensation Notice
KS_WC_Notice.pdf
How to order.- Contact the Kansas Department of Human Resources, Employment Standards, 401 SW Topeka Blvd., Topeka, KS 66603-3182. Telephone: (785) 296-4062.
<p>How to order.— Contact the Kansas Department of Human Resources, Employment Standards, 401 SW Topeka Blvd., Topeka, KS 66603-3182. Telephone: (785) 296-4062.</p>