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What a Kansas business has to have in writing

Kansas has no OSHA state plan and no comprehensive consumer privacy law, but it does put two written-document duties on ordinary employers that many states skip: on an employee's request the employer must make its vacation, sick leave and benefit policies available in writing, and any business that holds personal information must keep reasonable safeguards and destroy records it no longer needs.

Kansas even builds in an affirmative defense for a bona fide written records management policy backed by employee training. Licensed consumer-finance businesses have had to meet the FTC Safeguards Rule standard since 2023 under the Kansas Financial Institutions Information Security Act.

Kansas has a rule of its own in 5 of the 14 areas, listed below. In 1 more we searched the state's own site and found nothing beyond the federal rule, but we have not finished writing up where we looked, so that one is not shown yet. The remaining 8 areas we have not checked yet.

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Kansas rules for a 15–19 person general business

We check the same 14 areas of state law on every state page: breach notification, data security program, consumer privacy law, biometric and health data, harassment prevention, workplace safety programs, workplace violence prevention, insurance data security, state vendor security program, paid leave policies, required postings, pay transparency, licensing and certifications, and other written policies. Federal rules apply in most of these already. What this page adds is whether Kansas has a rule of its own on top. The federal rules every employer carries follow the Kansas rules. Each row names what you must write, post, file or certify, who enforces it, and links to the authority.

Breach Notification 1Who you must tell after a data breach, and how fast

LawProduceWhat it requiresTriggerEnforced by

Security breach notificationK.S.A. 50-7a02 (Kansas Consumer Information, Security and Protection Act) #Any person conducting business in Kansas, and any government body, that owns or licenses computerized data containing personal informationDistribute + ack

Notice

On becoming aware of a breach, run a prompt good-faith investigation of whether personal information has been or is likely to be misused, and if so notify affected Kansas residents as soon as possible without unreasonable delay. If more than 1,000 consumers must be notified at once, also tell the nationwide consumer reporting agencies the timing, distribution and content of the notices. A business that maintains its own notification procedures inside a written information security policy, consistent with the statute's timing, is deemed compliant if it follows them.

From the first employee

Kansas Attorney General; the Insurance Commissioner has sole authority over licensed insurance companies

AuthorityKansas Office of Revisor of Statutes - K.S.A. 50-7a02 Kansas Office of Revisor of Statutes - K.S.A. 50-7a01 (definitions)Report an error

Data Security Program 1A written safeguards program the state requires before anything goes wrong

LawProduceWhat it requiresTriggerEnforced by

Requirements for holders of personal informationK.S.A. 50-6,139b #Any person or entity that in the ordinary course of business collects, maintains or possesses another person's personal informationWrite

Written policy

Implement and maintain reasonable procedures and practices, appropriate to the nature of the information, to protect personal information from unauthorized access, use, modification or disclosure, and take reasonable steps to destroy records containing personal information once the business no longer intends to keep them, by shredding, erasing or otherwise making the data unreadable. Kansas gives an affirmative defense to a business that had a bona fide written or electronic records management policy in force, trained the people involved in it, and can show the violation was a good faith error with no realistic identity theft risk.

From the first employee

Kansas Attorney General (exclusive; each undestroyed record is a separate unconscionable act under K.S.A. 50-627)

AuthorityKansas Office of Revisor of Statutes - K.S.A. 50-6,139b Kansas Office of Revisor of Statutes - K.S.A. 50-7a01 (personal information definition)Report an error

Required Postings 1The notices every workplace in the state must display

LawProduceWhat it requiresTriggerEnforced by

Required state workplace postersK.S.A. ch. 44 (employment security and workers compensation); K.S.A. ch. 44, art. 10 (Kansas Act Against Discrimination) #Kansas employersPost

Posting

Display the Kansas Department of Labor set free of charge: the Unemployment Insurance poster, the Workers Compensation Rights and Responsibilities poster and the human trafficking resource posters, plus the Kansas Human Rights Commission Equal Opportunity in Employment poster and any Kansas Department of Health and Environment notices that apply. Federal posters (FLSA, FMLA, EEO, EPPA, OSHA) come from the U.S. Department of Labor.

From the first employee

Kansas Department of Labor; Kansas Human Rights Commission

AuthorityKansas Department of Labor - Posters in the Workplace Kansas Human Rights Commission - Publications Report an error

Licensing and Certifications 2Registrations, licenses and certifications a business or its staff must hold

LawProduceWhat it requiresTriggerEnforced by

Business entity registration and annual reportK.S.A. chs. 17 (corporations and nonprofits) and 17-76,101 et seq. (LLCs) #Any corporation, LLC, limited partnership or nonprofit formed in or doing business in KansasFile

Filing / record

File formation or foreign registration documents with the Secretary of State, keep a resident agent and registered office on record, and file the annual report and fee for the entity type to stay in good standing.

From the first employee

Kansas Secretary of State, Business Services Division

AuthorityKansas Secretary of State - Businesses Kansas Department of Revenue - Business Registration (registration with the Secretary of State)Report an error

Business tax registrationK.S.A. ch. 79, art. 36 (retailers' sales tax); K.S.A. 79-3298 (withholding) #Businesses making retail sales in Kansas and employers withholding Kansas income taxFile

Filing / record

Open a Kansas Department of Revenue Customer Service Center account, complete the registration questionnaire to identify which taxes apply, obtain a sales tax registration certificate for each business location, and file and pay the assigned sales, use and withholding returns.

From the first employee

Kansas Department of Revenue

AuthorityKansas Department of Revenue - Business Registration Kansas Department of Revenue - Business Taxes Report an error

Other Written Policies 4Any other document the state makes an employer write or hand out

LawProduceWhat it requiresTriggerEnforced by

Notification to employees of pay and employment policiesK.S.A. 44-320 (Kansas Wage Payment Act) #Every Kansas employerWrite

Written policy

On an employee's request, put the rate of pay and the day and place of payment in writing, give written or posted notice of any change before it takes effect, and make available in writing (or by posted notice) the employer's employment practices and policies on vacation pay, sick leave and any other benefit that bears directly on wages payable. In practice this means keeping those policies written down and ready to hand over.

From the first employee

Kansas Department of Labor, Employment Standards; wage claims process

AuthorityKansas Office of Revisor of Statutes - K.S.A. 44-320 Kansas Department of Labor - Workplace Laws Report an error

Kansas Indoor Clean Air Act signageK.S.A. 21-6109 to 21-6116, posting duty at K.S.A. 21-6111 #Proprietors and persons in charge of public places and places of employment, including any employer with one or more employees; limited exemptions such as licensed bars and certain outdoor areasPost

Posting

Post signs in a conspicuous place showing the international no-smoking symbol and stating plainly that smoking is prohibited by state law, and do not allow smoking where it is banned, including within ten feet of doorways, open windows and air intakes. Violations are cigarette or tobacco infractions with escalating fines, and the act bars retaliation against employees who report violations.

From the first employee

Kansas Department of Health and Environment; local law enforcement

AuthorityKansas Office of Revisor of Statutes - K.S.A. 21-6111 (posting)Kansas Office of Revisor of Statutes - K.S.A. 21-6109 (definitions)Kansas Office of Revisor of Statutes - K.S.A. 21-6112 (unlawful acts and penalties)Report an error

Child labor - hours and student-learner agreementsK.S.A. 38-601 et seq., in particular K.S.A. 38-603 #Employers of children under 16 in hotels, restaurants, mercantile establishments, messenger and delivery work and the other covered vocationsFile + ack

Filing / record

Keep children under 16 within the statutory limits: no work before 7 a.m. or after 10 p.m. except on nights before a non-school day, no more than 8 hours a day and 40 hours a week. A student-learner in a recognized cooperative vocational program is exempt only under a written agreement, naming the student and signed by the employer and the school coordinator or principal, that makes the work incidental to training under a teacher-coordinator's supervision and sets out a schedule of progressive work processes.

From the first employee

Kansas Department of Labor

AuthorityKansas Office of Revisor of Statutes - K.S.A. 38-603 Kansas Department of Labor - Workplace Laws Report an error

New hire reportingKansas new hire reporting program under the federal Personal Responsibility and Work Opportunity Reconciliation Act #Every Kansas employer that hires or rehires employeesFile

Filing / record

Report every new and rehired employee to the Kansas New Hire Directory so the information reaches the National Directory of New Hires, which supports child support withholding. Reports go through the Department for Children and Families' employer reporting channel.

From the first employee

Kansas Department for Children and Families, Child Support Services; Kansas Department of Labor provides employer guidance

AuthorityKansas Department of Labor - New Hire Reporting Kansas Department of Labor - Employer Services Report an error

Because You Are in Food & Beverage 1Industry layer

LawProduceWhat it requiresTriggerEnforced by

Food establishment and lodging licensingK.S.A. ch. 36 (lodging) and ch. 65, art. 6 (food service); Kansas Food Code #Restaurants, food service establishments, retail food stores, mobile units and lodging establishmentsFile

Filing / record

Apply to the Department of Agriculture's Food Safety and Lodging Program for the right license class before opening, renew it online each year, and operate to the Kansas Food Code, which inspectors enforce. Separate KDA licenses cover egg sales, meat and poultry processing, grain warehousing and weights and measures devices.

From the first employee

Kansas Department of Agriculture, Food Safety and Lodging Program

AuthorityKansas Department of Agriculture - Food and Lodging Applications and Licenses Kansas Department of Agriculture - Food Safety and Lodging Licensing Report an error

Because You Are in Financial & Tax 1Industry layer

LawProduceWhat it requiresTriggerEnforced by

Kansas Financial Institutions Information Security Act2023 Senate Bill 44, effective April 27, 2023 #Covered entities licensed or regulated by the State Bank Commissioner, including credit services organizations, mortgage companies, consumer credit lenders and money transmission businessesWrite

Written program

Protect customer information to the standard of the FTC Safeguards Rule, 16 CFR part 314, which means a written information security program with a qualified individual in charge, a documented risk assessment, access controls, encryption, service-provider oversight, a written incident response plan and periodic reporting to the governing body. The State Bank Commissioner may adopt rules and impose penalties for violations.

From the first employee

Kansas Office of the State Bank Commissioner

AuthorityKansas Legislature - SB 44 bill status (Kansas financial institutions information security act)Kansas Legislature - SB 44 bill text Report an error

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Sources

What a Kansas business has to have in writing

Headcount

Industry General is always on

Kansas rules for a 15–19 person general business

Breach Notification 1Who you must tell after a data breach, and how fast

Data Security Program 1A written safeguards program the state requires before anything goes wrong

Required Postings 1The notices every workplace in the state must display

Licensing and Certifications 2Registrations, licenses and certifications a business or its staff must hold

Other Written Policies 4Any other document the state makes an employer write or hand out

Because You Are in Food & Beverage 1Industry layer

Because You Are in Financial & Tax 1Industry layer

Federal rules for a 15–19 person general business

Keep Your Written Policies in One Place

Your business type, with Kansas on top

For another state

Find a Consultant Who Does This Work

Sources

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