Employers FAQs

Employees may participate in a Shared Work plan if they meet the following conditions. They must:

• be able to work and available for full-time work with the participating employer.
• be eligible for regular unemployment benefits in the state of Kansas.
• accept all work offered by the participating employer for the claim period filed.
• not work more than the reduced hours specified in the plan.
• have valid authorization to work in the United States, if not a U.S. citizen.
• report to their employer any hours worked with other employment.
• work at least 8 hours a week.

The Shared Work Program does not cover seasonal employees.

An employee will be considered seasonal if they typically work for a period of six months or less and the period of employment begins in approximately the same part of the year (e.g., summer, winter or holiday season)—regardless of how many hours the employee is expected to work each week.

Employees who are participating in the Shared Work program may receive benefits for up to 52 weeks.

Shared Work claimants can choose to receive payments via debit card or direct deposit. You should make your payment selection by creating an online account and selecting payment options.

While on Shared Work, the employer will be responsible for submitting a weekly certification form to the Kansas Department of Labor, certifying the number of hours worked by each employee during the week. The employer must make sure every week that at least 10% of employees in the affected unit qualify—that is, they have had their work hours reduced by 10% to 50%.

If the employer does not meet this 10% requirement during a given week, then NO employees on the weekly certification will qualify for benefits that week. For example: A business unit of 37 employees must have at least 10% of its members—3.7 people, rounded up to 4—listed on the weekly certification.

Employees should NOT file a claim for regular unemployment. Doing so will cause a delay in payment.

The employer manages the Shared Work Program. This means that in addition to meeting the conditions for shared work each week and submitting the weekly certification, they must also keep employees informed about the program and help answer questions.

Please call Maureen Reynolds at (785) 291-6010 or send an email to Maureen.Reynolds@ks.gov and advise of the error and what needs to be corrected. Make sure to include your Company Name, your name, title and contact information. You may be contacted if further information is needed. Do not submit another spreadsheet.

No, do not file an application if your employer filed for you. File a weekly certification each week you remain unemployed or underemployed.

File a new spreadsheet for the missing person(s). Do not resubmit a duplicate spreadsheet with the employee left off added.

Spreadsheets submitted with 25 or less employees will be mailed individual employer notices. Employers should complete and return the form sas instructed on the notices.

Employers are required to notify employees of their potential eligibility for unemployment insurance benefits. KDOL asks the employer to inform all impacted employees that identities will be verified with the Social Security Administration. If the employee does not pass the identity verification, they will be asked to supply a copy of their driver’s license and Social Security card. Employees will need to answer all other requests for information. Employees will receive a Monetary Determination in the mail.

It is quick and easy to register for an account online. Go to KansasEmployer.gov and select "Register". Once registration is complete, select "File a KCNS 010 Status Report to register your business for Unemployment Tax" on the next page. You will be taken through the steps to create a new unemployment tax account. Business owners, their accountants or a third-party administrator (such as a payroll service) may establish an unemployment tax account for an employer. After we receive your completed form, we'll determine whether you're liable for unemployment taxes. If so, we'll assign your business a six-digit employer account number, which should be included on all future correspondence with KDOL, and a personal identification number (PIN), which you will need for future direct entry of electronic wage reports.

Once we assign you an account number, we'll send you both the account number and a PIN number. All existing accounts have been sent a PIN number.

You can call our office in Topeka at (785) 296-5027.

All quarterly tax reports and payments are due by the end of the month following the end of each quarter. For example, the first quarter ends on March 31 and reports and payments are due by April 30. Only employers with fewer than 50 employees who filed a paper report in the previous quarter will have a Quarterly Wage Report and Unemployment Tax Return mailed to them. The form will include the account number and tax rate, how to reach the employer’s field representative and other information.

All employing units doing business in Kansas are subject to the provisions of the Employment Security law. However, not all are subject to the taxing provisions of the law. Coverage is determined by the type and nature of the business, the number of workers employed and the amount of wages paid for services in employment. Every employing unit that begins business operations in Kansas is required to file form K-CNS 010, "Status Report," within 15 days of the date of first employment.

If you meet liability requirements at any time during a year, you must file a Quarterly Wage Report and Unemployment Tax Return for all quarters of that year in which you had any employment. A quarterly wage report must be filed each quarter thereafter until your account is closed. Employers with 50 or more employees are required to file their quarterly reports and make payments online.

For questions, please call (785) 296-5027 between 8:00 a.m. and 4:00 p.m. Monday through Friday.

All employers are encouraged to file electronically. Quarterly filings and payments can be made easily and securely on KansasEmployer.gov. After completing the online registration form, employers can enter wage data directly into a secure form. Data files may also be uploaded. For more information on file uploading, please see Upload Your Quarterly Wage Report. Either way, the data is sent in real time and tax contribution information is automatically calculated. An employer with 50 or more employees or third-party administrators with more than 50 client employees are required to electronically file all Quarterly Wage Report and Unemployment Tax Returns and make any payments online.

All money, the value of meals and lodging, or other goods and services provided to an employee as payment for personal services are "wages." Payment may be by private agreement, consent or mandated by law. You can find a table with some examples of taxable and exempt payments on our web site.

How you pay your employees does not change your tax liability. Commissions, payments by the day, by the hour, by "piece rate," or any other measurement are wages, even if the employee is a casual worker, day or contract laborer, part-time or temporary worker.

As defined in the Kansas employment security law, "employees" include:

• Any officer of a corporation
• Any worker who is an employee under the usual common law rules
• Any worker whose services are specifically covered by law
• An employee may perform services on a less than full-time or temporary basis. The law does not exclude services from employment which are commonly referred to as day labor, part-time help, casual labor, temporary help, probationary or outside labor.

Two types of employers are those who run a business and those who hire domestic services. Employers who run a business can be a person or a legal entity and include:

• Sole Proprietors
• Partnerships
• Joint Ventures
• Corporations
• Limited Liability Companies
• Estates
• Associations and Trusts
• Nonprofit and Charitable Organizations
• Public Entities, including State and Federal Agencies 
• Other Organizations
• Most employers become subject to state employment taxes upon paying a worker(s) more than $1,500 in a calendar quarter and must register with the Department within 15 days.

An employer-employee relationship exists when a person who hires an individual to perform services has the right to exercise control over the manner and means by which the individual performs his or her services. The right of control, whether or not exercised, is the most important factor in determining the relationship. The right to discharge a worker at will and without cause is strong evidence of the right of direction and control. Among other considerations:

• Whether the one performing the services makes the services available to the general public.
• Whether the principal or the person providing the services supplies the tools, equipment and place of work for the person doing the work.
• The length of time for which the services are performed to determine whether the performance is an isolated event or continuous in nature.
• The method of payment, whether by time, a piece rate or by the job.
• Whether or not the work is part of the regular business of the principal.
• The extent of actual control exercised by the principal over the manner and means of performing the services.
• Whether the worker can make business decisions that would enable him or her to earn a profit or incur a financial loss. Investment of the worker's time is not sufficient to show a risk of loss.
• A written contract that claims to create the relationship of principal and independent contractor is not controlling if the practice of the parties shows that the principal retains the right of control under the common law test.

A strong indication of employment is when the work being done is an integral part of the regular business of the employer and the work is performed at the place of business. If you are unsure as to whether your workers are employees or independent contractors, see our handbook or e-mail us.

You also may want to review the information on worker misclassification.

An employer of domestic services can be a:

• Private household
• Local college club
• Local chapter of a college fraternity or sorority
• Domestic work includes the services of cooks, waiters, waitresses, butlers, housekeepers, governesses, governors, maids, valets, baby-sitters, janitors, laundresses, caretakers, home health care workers, handypersons, gardeners, chauffeurs, crews of private yachts and pilots of private airplanes for family use.

A domestic employer becomes subject to state employment taxes as follows:

• When cash wages of $1,000 or more are paid in a quarter.
• Once a domestic employer meets the limits of cash wages, all cash and non-cash payments such as the value of meals and lodging must be reported as wages.

Our system is very secure. Employers and employer representatives can securely upload wage data files to the Kansas Department of Labor or file online. We use the Automated Clearing House method to electronically transfer tax payments. The ACH system is a nationwide network designed for this purpose and uses services operated by the Federal Reserve System to maintain security and increase the efficiency of transactions.

Trade Adjustment Assistance (TAA) and Reemployment Trade Adjustment Assistance (RTAA) help workers who have lost their jobs as a result of U.S. foreign trade. The TAA Program offers a variety of benefits and services to eligible workers to include job training, income support, job search and relocation allowances; and a wage supplement to eligible reemployed workers 50 years of age and older (RTAA). Eligibility requirements for TAA benefits are based, in part, upon certified petitions filed with the U.S. Department of Labor for workers adversely affected by foreign trade. These Federally funded services are provided to eligible workers at "NO COST TO THE EMPLOYER."

Contact the Kansas Department of Commerce, Workforce Service Division at (785) 296-0607 or workforcesvcs@kansascommerce.com for more information about the TAA and RTAA programs and other programs through this agency.

No. This service is open to the public and anybody can submit data to it.

Yes. Both the Internet and Web service use 128 bit data encryption.

Yes. Using the Web service you can use the 'SubmitTestFile' method. Any data submitted while using this method will not be processed. You can also validate files visiting KansasEmployer.gov.

Each file is limited to 5mb. Each file submitter is limited to 100mb per day. If you need to submit large files, employers are encouraged to compress their files using the acceptable compression algorithms accepted by KDOL.

Yes. KDOL will accept files that have been compressed using zip, gz (gzip) and bz2 (bzip2).

KDOL will acknowledge receipt of your file. The time it takes to acknowledge receipt of your file depends on site traffic at the time you submit your information. In most cases you can expect an acknowledgement within a few minutes.

No. Since June 1, 2007, KDOL no longer accepts magnetic media data submissions. Although we still accept the NASWA format, there have been a few additions. The Code E record has had the Zip and Zip + four moved. The Code S record has had the State Account Number moved to columns 147-152. In addition on the Code S record, the mid-month employment is now required in columns 212, 213, and 214. Please review the specification carefully before submitting any files. Any data that is in columns not listed on the file specification will be ignored.

Yes. If you would like to submit information for multiple employers, simply add an additional employer record, followed by the additional employee records.

No. The contra will be calculated by KDOL based off of the wage detail submitted. No additional Contra Sheet is necessary.

No. You can submit payments multiple ways. The file upload is just one option. Other options include the KDOL Web site or simply sending a physical check to KDOL. If a physical check is sent, an indication must be made as to which account number the payment should be applied to.

Yes. A Zero Wage report will have one employee record following the employer record. A MMREF zero wage employee (RS) record will require a Record ID, Serial/Account Number, Reporting Period and Zero Wage field. A NASWA zero wage employee (S) record will require a Record ID, Reporting Period and Zero Wage field.

Yes. Any late reports will be accepted at any time.

Yes. Wage Detail and Electronic Payments Information can still be filed via KansasEmployer.gov.

The required specification we use for each file is the standard specification issued by the respective organizations. However the state record allows for some customizable fields such as state employer account number. Please review the file specification carefully to ensure other layouts are compatible with KDOL's. Any data required by other states that are in columns not used by KDOL will be ignored.

Labor unions and hiring halls must report their own employees; that is, individuals who work directly for the labor union or hiring hall. If the labor union or hiring hall simply refers individuals for employment, it does not need to file new hire reports for these actions. If a labor organization actually pays the individuals whom it refers (as opposed to having them paid by the person or entity to whom they have been referred), the labor organization would be considered the “employer” and subject to the new hire reporting requirements.

No one is exempt from this law.

Employers are required to report the following employees:

• New employees: Employers must report all employees who reside or work in the State of Kansas to whom the employer anticipates paying earnings. Employees should be reported even if they work only one day and are terminated (prior to the employer fulfilling the new hire reporting requirement).
• Re-hires or re-called employees: Employers must report re-hires, or employees who return to work after being laid off, furloughed, separated, granted a leave without pay or terminated from employment within 20 days of re-hire. Termination of employment does not include temporary separations from employment, such as an unpaid medical leave, an unpaid leave of absence, a temporary lay-off of less than 60 days in length or an absence for disability or maternity.

All employers and/or labor organizations in the State of Kansas.

K.S.A. 75-5743 and the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 42 U.S.C. 653A, requires all employers to report newly hired and re-hired employees to a state directory within 20 days of their hire date.

New hire reporting speeds up the child support income withholding order process, expedites collection of child support from parents who change jobs frequently and quickly locates alleged fathers/non-custodial parents to help in establishing paternity and child support orders. New hire reporting helps children receive the support they deserve. Employers are a key partner in ensuring financial stability for many children and families and should take pride in their role.

Employers must report within 20 days of a new employee’s hire or re-hire date. Employers who submit reports electronically shall submit the reports by two monthly transmissions, if necessary, which are not less than 12 days or more than 16 days apart.

In accordance with federal legislation, the State of Kansas asks for the following information:

• Employer’s Federal Employer Identification Number (FEIN) - If you have more than one FEIN, please make certain you use the same FEIN when reporting new hires you use to report your quarterly wage information.
• Employer’s Name
• Employer’s Address
• Employee’s Name (First, Middle, Last)
• Employee’s Address
• Employee’s Social Security number 
• Employee’s Date of Hire or Re-Hire
• Employee’s Date of Birth (optional)

Additional information may be required if reporting electronically.

There are a variety of ways to report new hires, including electronic reporting and by mail or fax.

K.S.A. 75-5743 requires all employers to submit their new hire reports within 20 days after the employee is hired or re-hired. Under federal regulations, employers who submit reports electronically shall submit the reports by two monthly transmissions, if necessary, which are not less than 12 days or more than 16 days apart.

Federal and State laws contain strict guidelines for the use of new hire reporting information. Kansas’ child support system matches new hire information against open child support cases to locate alleged fathers/non-custodial parents to establish paternity and child support orders and enforce existing orders. New hire information also is sent to the National Directory of New Hires and is utilized by Child Support Agencies nationwide.

New hire information also is used by states to help detect and prevent fraudulent payments to recipients of unemployment insurance and workers compensation.

The use of this information provides financial support for Kansas’ families and a reduction in unemployment insurance costs.

New hire reporting is required in all 50 states. One of the goals of new hire reporting legislation is to make it as easy as possible for employers to comply. For those employers with employees in more than one state, there are two convenient options for reporting.

If you are reporting more than one new hire, we strongly suggest reporting electronically. You can either report new hires using our website or transmit a data file created by your company’s human resources or payroll software. Electronic reporting will eliminate paperwork, increase the accuracy of the reports, allows faster processing and can save on postage and other costs. Electronic reporting can also qualify Multi-state employers to report new hires directly to one state.

The New Hire Directory does not have access to specific child support information and does not have the ability to answer questions related to child support. Please contact Child Support Services.

No.

The address where you want income withholding orders sent should be used. A street address is preferred, as long as you can receive mail there.

New hire information from the Quarterly Wage Reports becomes available two to six months after the date of hire. When you immediately report new hires, there is an improved chance of locating the individual while employed and the required child support action can be promptly taken. In addition, fraudulent unemployment insurance and workers compensation benefit payments can be quickly detected.

Temporary agencies are responsible for reporting their workers who sign a W-4 form and report to an assignment. Workers need to be reported only once; they do not need to be reported each time they report to a new client. If the worker has a break in service from your agency and a new W-4 form is required, then a new hire report is also needed.

If the employee filled out a W-4 form and only worked for a few hours, that employee must be reported. Although that employee is no longer with your company, there is useful information that can be obtained, such as home address and work history.

Yes, if you are sending in your new hire report by W-4, you must include the employer name, address and Federal Employer Identification Number (FEIN) in blocks 8 and 10 of the W-4 form. If you have more than one FEIN, please make certain you use the same FEIN you use to report your quarterly wage information when reporting new hires.

No, not if these employees have previously been reported. Employers must report any newly hired or re-hired employees who are hired after the takeover date.

No. Only new hires and re-hires are required to be reported. However, if the terminated employee had an Income Withholding Order for child support, the termination should be reported to the agency that issued the Order.

Yes, but if you need new W-4 forms, please contact the Internal Revenue Service at (800) 829-1040.

Do not hesitate to call the Kansas New Hire Directory at (785) 581-7700, or toll-free at (888) 219-7801 with any questions regarding the new hire reporting process. Our staff is available Monday through Friday, 8 a.m. to 5 p.m. Central Time.

More information on worker misclassification, as well as how to report misclassification, can be found at https://www.dol.ks.gov/fraud.

Benefits Accuracy Measurement (BAM) is a unit within the unemployment insurance (UI) division whose purpose is to assess the accuracy of both payments and denials issued. Auditors ensure unemployment payments are made in the correct amount to the proper entity and for the right purpose. Everything is reviewed from how the claim was initially filed to decisions made regarding entitlement of benefits to verification or correctly reported wages by the employer if the employer correctly reported wages. BAM data is used when UI payment accuracy is requested from the U.S. Congress, offices of Management and Budget, U.S. General Accounting and Department of Labor Inspector General. 

BAM randomly audits UI claims for accuracy. The employer verification form is secondary to the employer notice aka employer protest form. BAM requests more in-depth information regarding separation and quarterly wage breakdown for purposes of verifying the accuracy of UI payments made to the claimant or denials issued on UI claims. Separation and quarterly wages used to entitle the claim is substantiated by information provided from the employer.

BAM is required to verify if the claimant’s UI taxable wage was reported correctly to KDOL. Examples of exempt wages are pre-tax health insurance premiums, group term life benefits and fringe benefits. BAM requests these documents to reconcile the Quarterly Wage Report (QWR) with what was paid to the claimant. If the employer cannot provide the amounts, payroll documentation is requested. An improperly filed QWR can affect UI claim entitlement resulting in either an overpayment or underpayment to the UI claimant.

BAM is required to verify the claimant has actively been seeking and applying for employment. Claimants are required to provide the date, employer name and type of activity completed. If the claimant cannot provide evidence of their activity, this information is verified directly with the employer to review their application records to verify whether the activity is acceptable, unacceptable or unverified. 

BAM is required to make three attempts to obtain a completed form from claimants and employers.

Use of the work number is not authorized by KDOL as an appropriate response to the UI Quality Control Audit. The requested information in the employer verification must be completed by the employer or Third-Party Administrator (TPA) authorized to respond to UI requests. The secretary of KDOL has the authority to request records and reports under K.S.A. 44-714 (e). The BAM internal auditor is classified as a special examiner under K.S.A 44-703 with authorization to request this information. 

If no response has been received from a TPA, an employer will be contacted directly by an auditor for completion of BAM forms. 
 

You can email the BAM unit at KDOL.BAM@ks.gov