Worker Misclassification

About Misclassification
Penalties
Frequently Asked Questions
Contact KDOL

About Misclassification

Kansas employers are required to report wages to the Department of Revenue and the Department of Labor for the purposes of withholding tax, unemployment tax, and worker’s compensation. If an employer intentionally classifies a worker as an independent contractor to avoid paying these taxes, there is help available now because of a new law that protects workers and taxpayers.

Misclassifying employment in Kansas harms workers, the business community and Kansas taxpayers.

If you are unsure whether people working for your business should be classified as an employee or an independent contractor, be sure to visit our Frequently Asked Questions page. You can also contact the Kansas Department of Labor for help with questions about worker misclassification. You can reach KDOL at 785-368-8313 or online at www.uitax.dol.ks.gov.

Check the Kansas Department of Revenue Web site for more information about misclassification of workers.

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Penalties

Intentional misclassification of workers is illegal and constitutes tax and insurance evasion. Employers engaging in this practice may be subject to significant penalties and fines. Kansas law outlines the employer penalties, ranging from monetary fines to criminal charges, for intentionally misclassifying workers. Penalties are determined based on the facts in each case.

There are penalties under both Unemployment and Workers Compensation laws. These penalties are further defined in the following statutes:
        KSA 44-717
        KSA 44-719
        KSA 44-5, 120

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Contact KDOL

For more information about misclassification of workers, contact the Kansas Department of Labor at 785.368.8313 or by email at uitax@dol.ks.gov

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