Federal & State Regulations | Unemployment - Kansas | J. J. Keller® Compliance Network

State Info

Summary of differences between federal and state regulations

Coverage

Workers are considered employees unless:

The worker is free from control or direction in the performance of the work under the contract of service and in fact; and
The service is performed either outside the usual course of the business for which it is performed or is performed outside of all places of business of the enterprise for which it is performed.

Exclusions from the definition of employment include:

Insurance agents on commission,
Real estate agents on commission,
Casual labor not in the course of employers business, and
Part-time service for nonprofit organizations exempt from federal income tax.

Students working for schools are excluded from coverage. The state does not exclude from coverage service by the spouse of a student when the spouse is employed by the school, college, or university.

State coverage is required for services performed for religious, charitable, or educational nonprofit organizations. Although coverage is required only for those organizations employing four or more workers in 20 weeks, a number of states have provisions that cover smaller nonprofit organizations as well. This state has expanded coverage provisions beyond federal requirements.

Minimum and maximum weekly benefits amounts

On July 1 of each year the state Secretary of Labor determines minimum and maximum weekly benefit amounts for new claims.