Jim Kaup is a Topeka-based attorney who represents
Kansas employees in numerous areas of employment
law.  Centrally based in Topeka, Jim can work with
employees from throughout the state of Kansas but
especially those in such cities as Lawrence, Manhattan,
Topeka, Hutchinson, Emporia, Salina, Wichita, Great
Bend and others.  

Kansas Employees Who May Seek
Unemployment Insurance

The law defines employment as: any service (unless
specifically excluded) performed for compensation
under a contract of hire, whether the contract is
expressed or implied, written or oral, and without
regard to whether the service is performed on a part-
time, full-time or casual basis.

Employment is service performed by an active officer of
a corporation, including professional and closely-held
corporations (Sub-Chapter S), or any employee under
the common law employer/employee relationship.
Employment also includes specific types of services,
such as agent driver and commission salesperson.

Terms such as regular employment, full-time
employment, commission sales, casual labor, temporary
employees, part-time employees, teenage workers, etc.,
are all different terms for describing employment. These
groups generally constitute employment and are usually
reportable.

A detailed explanation of the various specified persons
defined to be employees is not possible in this
handbook. Contact your local field representative with
any specific questions you might have.


Qualifying for Kansas Unemployment
Insurance

An unemployed individual is eligible to receive
unemployment insurance benefits if they meet the
following requirements:

•The individual has made a claim for benefits

•The individual has registered for work

•The individual is able to work, available for work and
is actively seeking work

•The individual has been unemployed and has claimed a
waiting period of one week which occurs within the
benefit year, unless this requirement is waived

•The individual has received wages from insured
employment in two or more quarters of the base period,
and has total base period wages equaling at least 30
times their calculated weekly benefit amount

•The individual's employment was for services not
specifically excluded by the Employment Security Act

•The individual is not disqualified in accordance with
provisions of the law


Disqualification for Unemployment Insurance
Benefits

Although a claimant meets all other requirements, the
claimant may be disqualified from receiving Kansas
unemployment insurance benefits under certain
provisions of the law. Disqualifications are explained as
follows: (these are general statements--you should
consult an experienced Kansas unemployment insurance
attorney or the Kansas Department of Labor for
specifics)


ა.Voluntarily left work without good cause attributable
to the work or the employer.  Under state law there are
12 specific exceptions whereby benefits may be payable.

ბ.Was discharged for misconduct connected with the
work. There are specific circumstances that are not
disqualifying.

გ.Failed, without good cause, to apply for or to accept
suitable work when offered by the employment office or
an employer.

დ.Failed, after a temporary job assignment, to
affirmatively request an additional assignment on the
next succeeding workday, if required by the
employment agreement, after completion of a given
work assignment.

•A claimant discharged for gross misconduct connected
with the work is disqualified until re-employed and
having insured earnings of at least eight times the
determined weekly benefit amount. In addition, all wage
credits attributable to the employment from which the
individual was discharged for gross misconduct are
canceled.

•A one-year disqualification for the Kansas employee
claimant is applied for making false statements or for
withholding information to obtain more benefits than
due.


Additional information is available from a UI Contact
Center claim representative or online.

UI Contact Center:

Topeka (785) 575–1460
Kansas City (913) 596–3500
Wichita (316) 383–9947
Toll-free (800) 292–6333
James Kaup

Kaup Law Office, LC
214 SW 6th Avenue,
Suite 306
Topeka, KS 66603
785-235-1111

Click here to email
Jim
James Kaup
Kaup Law Office, LC
214 SW 6th Avenue, Suite 302
Topeka, KS 66603
785-235-1111
The Kaup Law Office
and
Kansas Unemployment Insurance Law
Fair Labor Standards Act
and the Kansas Wage Act

The federal Fair Labor
Standards Act guarantees
many Kansas employees
the right to a minimum
wage and the right to
overtime when they work
more than 40 hours in a
workweek.  The law has
many complicated features
and there are many
exceptions to coverage
under the law.

The Kansas Wage
Payment Act also provides
Kansas employees with
rights concerning when
wages must be paid.  
Kansas law also might
require that employees be
paid overtime when the
employees are not covered
under federal law.
Commonly Asked
Questions About Wage
Laws
(answers by KDOL)

(this information is not intended
as legal advice to any person but
only as educational information
concerning Kansas law)


When is overtime pay required?

Kansas law states that overtime
is due once an employee has
worked 46 hours within a week.
Federal law states that overtime
is due once an employee has
worked 40 hours within a week.

What is the minimum wage?

It is $7.15 under both Kansas and
federal law.

Are salaried Kansas employees
entitled to overtime?

It depends on whether or not
they are classified as exempt. If
they are salaried but not exempt,
they are still entitled to overtime.
Whether or not a person is
exempt depends on what kind of
work they do. The information
provided by the U.S. Department
of Labor explains this in more
detail.

Is overtime due after 8 hours a
day, Sunday or holidays?

Under Federal law, overtime is
due once a Kansas employee has
worked 40 hours within a week
unless the employee has a
written contract that specifies
something different.


If a Kansas employee wants to
work overtime (in excess of 40
hours in the workweek) and will
accept straight time, can the
employee waive his/her right to
overtime pay?

No.

Does a Kansas employer have to
pay for all hours worked or
services rendered?

Yes, if the employer has
authorized you to work or
accepts the benefit of your work.


How do I determine whether
Kansas or federal overtime
requirements apply?

The determining factors involve
the amount of annual revenue
and interstate commerce of a
business.

What overtime rules should an
employer follow - state or
federal?

Contact Federal Wage and Hour
at (913) 551-5721 to inquire if
federal laws apply to your
employment



Pay Requirements


How often do I have to be paid?

Your employer must pay you at
least once a month. Your
employer must pay on regular
paydays and inform you of
paydays in advance.



Can my employer make me
participate in direct deposit?

Unless you work for the federal
government, your employer
cannot make you participate in
direct deposit. However, many
employees find it is more
convenient to be paid through
direct deposit.


Is it legal for my employer to pay
me in cash?

Yes, but your employer must still
withhold for taxes.


Can my employer change my rate
of pay?

Yes, your employer can change
your pay, but they must give you
notice before they do it. Your
employer can not change
your rate of pay retroactively.


Does an employer have to pay
for all hours worked or services
rendered?

Yes, if the employer has
authorized you to work or
accepts the benefit of your work.


What kind of information is my
employer supposed to put on my
pay stub?

Your employer is not required to
put anything on your pay stub.
However, if you request it, your
employer must provide
you with an itemized statement of
deductions for each pay period.