Kansas hr independent contractor agreement template

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How Kansas hr independent contractor agreement Differ from Other States

  1. Kansas applies a unique twenty-factor test to determine independent contractor status, which may vary from tests used in other states.

  2. Kansas law treats misclassification with specific tax penalties under state labor regulations, differing from federal or other state approaches.

  3. Workers’ compensation requirements for independent contractors in Kansas are stricter compared to many other states, including specific exemptions.

Frequently Asked Questions (FAQ)

  • Q: Is a written independent contractor agreement legally required in Kansas?

    A: While not always required, a written agreement is strongly recommended to clearly define the working relationship and legal protections.

  • Q: How does Kansas classify workers as independent contractors?

    A: Kansas uses a twenty-factor test, focusing on the degree of control and independence within the contractor’s role.

  • Q: Are Kansas independent contractors eligible for unemployment benefits?

    A: Generally, independent contractors in Kansas are not eligible for unemployment benefits as they are considered self-employed.

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Kansas HR Independent Contractor Agreement

This Kansas HR Independent Contractor Agreement (the “Agreement”) is made and entered into as of [Date] by and between:
  • [Client Company Name], a [State of Incorporation] corporation with its principal place of business at [Client Company Address] (“Client”), and
  • [Contractor Name], residing at [Contractor Address], and doing business as [Contractor Business Name (if applicable)] (“Contractor”).

1. Description of Services

  • The Contractor agrees to provide the following HR services to the Client:
    • Option A: Recruitment and Talent Acquisition: [Describe Specific Recruitment Services]
    • Option B: Onboarding: [Describe Specific Onboarding Services]
    • Option C: Employee Relations: [Describe Specific Employee Relations Services]
    • Option D: Policy Drafting and Implementation: [Describe Specific Policies]
    • Option E: Benefits Administration: [Describe Specific Benefits Administration Services]
    • Option F: Compliance with Federal and Kansas-Specific Employment Regulations: [Specify Regulations]
    • Option G: HR Audits: [Describe Scope of HR Audits]
    • Option H: Training: [Describe Training Topics and Scope]
    • Option I: Workplace Investigations: [Describe Types of Investigations]
    • Option J: Handbook Creation: [Describe Handbook Sections and Policies to be included]
    • Option K: Temporary HR Management: [Describe Scope of Temporary Management]

2. Deliverables, Deadlines, and Performance Standards

  • The Contractor shall provide the following deliverables: [List Deliverables]
  • The Contractor shall adhere to the following deadlines: [Specify Deadlines for Each Deliverable]
  • The Contractor shall meet the following performance standards: [Define Quality Standards and Metrics]
  • Service Period: The service period will begin on [Start Date] and end on [End Date], unless otherwise terminated as provided in this agreement.
  • Reporting Obligations: Contractor will provide [Weekly/Monthly] reports to [Client Representative Name] via [Email/Phone] detailing the progress of the project.

3. Work Location and Access

  • The Contractor's primary work location shall be:
    • Option A: Onsite at the Client's Kansas facility located at [Client Facility Address]. The contractor shall comply with all applicable Kansas workplace health and safety laws.
    • Option B: Remote.
    • Option C: Hybrid: [Specify Percentage of Time Onsite vs. Remote].
  • Access to Client Systems: The Contractor will be provided access to the following HR systems: [List HR Systems].
  • Use of Proprietary Technology: The Contractor will use the following proprietary technology: [List Technology].

4. Compensation and Payment

  • The Client shall compensate the Contractor as follows:
    • Option A: Hourly Rate: [Dollar Amount] per hour.
    • Option B: Per-Service: [Dollar Amount] per [Specify Service].
    • Option C: Retainer: [Dollar Amount] per month.
    • Option D: Project-Based Fees: [Dollar Amount] for the entire project.
  • Payment Interval: The Client shall pay the Contractor [Weekly/Bi-weekly/Monthly].
  • Invoice Submission: The Contractor shall submit invoices to [Client Contact Person] at [Client Email Address].
  • Applicable Taxes: The Contractor is responsible for all applicable Kansas and federal taxes, including income, sales, and use taxes, as required by the Kansas Department of Revenue.
  • Late Payment: Late payments will accrue interest at a rate of [Percentage]% per month, consistent with Kansas law.

5. Independent Contractor Status

  • The parties intend that the Contractor is an independent contractor and not an employee of the Client. The Contractor will not be entitled to any employee benefits. The Contractor is responsible for payment of all applicable Kansas and federal taxes. The Contractor shall maintain all necessary federal and state business registrations and licenses.

6. Confidentiality and Data Privacy

  • The Contractor shall maintain the confidentiality of all Client information, including employee data, in accordance with Kansas law and federal regulations (e.g., HIPAA, if applicable). The Contractor shall not disclose, misuse, or retain any personally identifiable information or company-sensitive records.
  • Data Retention: The contractor agrees to retain data only as long as necessary for the purposes outlined in the agreement and in accordance with Kansas data retention requirements.

7. Intellectual Property

  • All policies, materials, and documentation created by the Contractor in the scope of services under this Agreement shall be the exclusive property of the Client.

8. Non-Solicitation and Non-Competition

  • The Contractor agrees not to solicit the Client's employees or customers for a period of [Number] years following the termination of this Agreement, within a [Radius in Miles] mile radius of the Client's principal place of business in Kansas. This provision is intended to be reasonable under Kansas contract law.

9. Insurance

  • The Contractor shall maintain the following insurance coverage:
    • Professional Liability Insurance: [Dollar Amount] per occurrence.
    • Errors and Omissions Insurance: [Dollar Amount] per occurrence.
    • Optionally, Workers' Compensation Insurance: If required by Kansas statute or based on service location. [Provide Policy Details]

10. Termination

  • This Agreement may be terminated as follows:
    • Option A: By either party upon [Number] days' written notice.
    • Option B: By the Client immediately for breach of this Agreement or regulatory non-compliance.
    • Option C: By the Contractor immediately if the Client fails to make payments in accordance with the terms of this Agreement.
  • Compensation: Upon termination, the Contractor shall be compensated for services rendered up to the date of termination.
  • Post-Termination Cooperation: The Contractor shall cooperate with the Client for records transfer and client support.

11. Dispute Resolution

  • Any disputes arising under this Agreement shall be resolved as follows:
    • First, the parties shall attempt to resolve the dispute through negotiation.
    • If negotiation fails, the parties shall submit the dispute to mediation in [City, Kansas].
    • If mediation fails, the parties may pursue arbitration in [City, Kansas], under the rules of the American Arbitration Association.
  • Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas.
  • Venue: The venue for any legal action shall be in [County], Kansas.

12. Compliance with Laws

  • The Contractor shall comply with all applicable Kansas labor, anti-discrimination, and employment laws, including those enforced by the Kansas Human Rights Commission and the Kansas Department of Labor.

13. Continuing Education

  • The Contractor shall remain current with Kansas and federal HR legal changes and industry best practices through [Training/Continuing Professional Development].

14. Data Security and Destruction

  • Upon termination or expiration of this Agreement, the Contractor shall safeguard, return, or securely destroy all sensitive HR records and data in accordance with Kansas data retention and destruction requirements.

15. Mandatory Reporting

  • The Contractor shall immediately report any workplace incidents, complaints, or legal compliance issues to [Client Contact Person], consistent with Kansas HR regulatory obligations.

16. Indemnification and Limitation of Liability

  • The Contractor shall indemnify the Client against any claims arising from the Contractor's professional negligence, breach of this Agreement, or violation of applicable laws. The Client's liability under this agreement is limited to the amount of compensation paid to the Contractor.

17. Amendment

  • This Agreement may be amended only by a written instrument signed by both parties.

18. Notices

  • All notices under this Agreement shall be in writing and sent to the addresses specified above, in compliance with Kansas contract statute notice requirements.

19. Special Provisions

  • [Include Special Provisions Relevant to Industry or Client Needs, such as handling of government contractor compliance, EEO audits, or union interactions, as encountered in Kansas HR practice.]
  • [Specify any other custom elements based on the business context and service delivery model.]
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Client Company Name]

By: [Client Representative Name] Title: [Client Representative Title]

[Contractor Name]

Signature: [Contractor Signature]

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