Payroll Kansas, Unique Aspects of Kansas Payroll Law and Practice

The Kansas State Agency that oversees the collection and reporting of State income taxes deducted from payroll checks is:

Department of Revenue Docking State Office Bldg. 915 S.W. Harrison Topeka, KS 66625 (877) 526-7738 www.ink.org/public/kdor

Kansas does not require you to use a state form to calculate state income tax withholding.

Not all states allow salary reductions made under Section 125 cafeteria plans or 401(k) to be treated in the same manner as the IRS code allows. In Kansas's cafeteria plans are not taxable for income tax calculation; not taxable for unemployment insurance purposes. 401(k) plan deferrals are not taxable for income taxes; taxable for unemployment purposes.

In Kansas supplemental wages are taxed at a 5% flat rate.

In Kansas supplemental wages are required to be aggregated for the state income tax withholding calculation.

You must file your Kansas state W-2s by magnetic media if you are have at least 250 employees and are required to file your federal W-2s by magnetic media.

The Kansas State Unemployment Insurance Agency is:

Department of Human Resources Division of Employment Security 401 S.W. Topeka Blvd. Topeka, KS 66603-3182 (785) 296-5025 http://www.dol.ks.gov/WC/HTML/wc_ALL.html

The State of Kansas taxable wage base for unemployment purposes is wages up to $8000.00.

Kansas has optional reporting of quarterly wages on magnetic media.

Unemployment records must be retained in Kansas for a minimum period of five years. This information generally includes: name; social security number; dates of hire, rehire and termination; wages by period; payroll pay periods and pay dates; date and circumstances of termination.

The Kansas State Agency charged with enforcing the state wage and hour laws is:

Department of Human Resources Office of Employment Standards 1430 SW Topeka Blvd. Topeka, KS 66612-1880 (785) 296-4062 http://www.dol.ks.gov/UI/HTML/EnUI_DBR.html

The minimum wage in Kansas is $2.65 per hour.

The general provision in Kansas concerning paying overtime in a non-FLSA covered employer is one and one half times regular rate after 46-hour week.

Kansas State new hire reporting requirements are that every employer must report every new hire and rehire. The employer must report the federally required elements of:

Employee's name Employee's address Employee's social security number Employer's name Employers address Employer's Federal Employer Identification Number (EIN)

This information must be reported within 20 days of the hiring or rehiring. The information can be sent as a W4 or equivalent by mail, fax or electronically. There is no penalty for a late report in Kansas.

The Kansas new hire-reporting agency can be reached at 888-219-7801 or 913-296-1716 or on the web at http://www.dol.ks.gov/ui/html/newhires_BUS.html.

Kansas does not allow compulsory direct deposit

Kansas requires the following information on an employee's pay stub:

itemized deductions (if requested)

Kansas requires that employee be paid no less often than monthly.

Kansas requires that the lag time between the end of the pay period and the payment of wages to the employee not exceed fifteen days.

Kansas payroll law requires that involuntarily terminated employees must be paid their final pay by their next regular payday; by mail on request and that voluntarily terminated employees must be paid their final pay by the next regular payday; by mail on request.

Deceased employee's wages must be paid when normally due to the surviving spouse, children 18 or over, parents, siblings, or funeral director (in that order) on demand.

Escheat laws in Kansas require that unclaimed wages be paid over to the state after one year.

The employer is further required in Kansas to keep a record of the wages abandoned and turned over to the state for a period of 10 years.

Kansas's payroll law mandates no more than 40% of minimum wage may be used as a tip credit.

In the Kansas payroll law there is no provision covering required rest or meal periods.

Kansas's statute requires that wage and hour records be kept for a period of not less than three years. These records will normally consist of at least the information required under FLSA.

The Kansas agency charged with enforcing Child Support Orders and laws is: Child Support Enforcement Program Department of Social and Rehabilitation Services 300 S.W. Oakley St. 1st Fl., Biddle Bldg. Topeka, KS 66606 (785) 296-3237 http://www.srskansas.org/cse/iwo/

Kansas has the following provisions for child support deductions:

When to start Withholding? Next payday after 14 days after service. When to send Payment? Within 7 days of Payday. When to send Termination Notice? "Promptly." Maximum Administrative Fee? lesser of $5 per day period of $10 per month Withholding Limits? Federal Rules under CCPA.

Please note that this article is not updated for changes that can and will happen from time to time.

Charles J. Read, CPA has been in the payroll, accounting and tax business for 30 years, the last fifteen in private practice. Mr. Read is the author of ?How to Start a New Business.?

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