Employment Services Industry Licensing Guide
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Kansas Employment Agency

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Licensing requirements for Kansas employment, staffing and talent agencies.

This page provides an overview of employment services licensing in Kansas for individuals and agencies. You will find state requirements, application fees, filing instructions, and more. For assistance with licensing, please contact us to learn about our software and managed license services.

Companies that provide employment services in Kansas must apply for a license prior to doing business. Depending on the services offered, businesses may need to apply for more than one license type, and in some cases, an individual license will be required as well.

Company Licenses

Kansas Employment Services Company Licenses

Companies acting as employment agencies in Kansas must obtain the following licenses before offering employment services. Applications usually require proof of incorporation or a certificate of authority.

Kansas Employment Agency License

Agency:Kansas Department of Labor

Initial Registration

This section applies to firms that are applying for a license in Kansas for the first time.

Agency Fee:

$25

Registration Renewal

This section applies to firms that are already licensed in Kansas and need to renew their license.

Agency Fee:

$25

Due:

Annually

Kansas Professional Employer Organization Registration - Group

Agency:Kansas Insurance Department
Law:

KS Stat. § 44-1704

Foreign Qualification is Prerequisite:No
Financial Requirements:

Applicants must maintain positive working capital upon registration as indicated in the financial statements or meet the bonding requirement.

Bond Requirements:

Applicants that cannot meet the working capital requirement must submit a bond, irrevocable letter of credit or securities with a minimum market value in an amount equal to the sum of the amount that would be necessary for such professional employer organization or professional employer group to comply with K.S.A. 44-1706 (a) plus $100,000.

Registered Agent (Special Agency) Required?No

Initial Registration

Form:

Professional Employer Organization Initial Application

Agency Fee:

$1,000 per company

Required Attachments:
  • A list of all companies included in the group with contact information and web address
  • A list of jurisdictions in which the applicant(s) has operated in the past five years
  • Attach a list of any branch offices maintained by the PEO in Kansas
  • Audited financial statements not older than 13 months

Registration Renewal

Form:

Professional Employer Organization Application (Renewal)

Agency Fee:

$500 per company

Due:

Annually within 120 days after the end of a registrant's fiscal year.

Kansas Professional Employer Organization Registration - Individual

Agency:Kansas Insurance Department
Law:

KS Stat. § 44-1704

Bond Requirements:

Applicants that cannot meet the working capital requirement must submit a bond, irrevocable letter of credit or securities with a minimum market value in an amount equal to the sum of the amount that would be necessary for such professional employer organization or professional employer group to comply with K.S.A. 44-1706 (a) plus $100,000.

Notes:
  • Report all DBA names and names of predecessor and/or successor business entities
  • Controlling Person Information
    • Include the name, identifying information, title, percent of ownership, and evidence of business experience for
      • Any person(s) owning or controlling, directly or indirectly, 15% of more of the equity interest of the PEO.
      • Any person(s) who serves as president, chief executive officer or otherwise has the authority to act as a senior executive officer of the PEO.

 

 

Initial Registration

Form:

Professional Employer Organization Initial Application

Agency Fee:

$1,000

Required Attachments:
  • Attach a list of jurisdictions in which the applicant(s) has operated in the past five (5) years.
  • Attach a list of any branch offices maintained by the PEO in this state, include address and phone.
  • Attach the most recent audited financial statements setting forth the financial condition of the PEO or PEO Group.
    • At the time of registration, audited financial statement shall not be older than 13 months.
    • If the closing date of the audited financial statements is older than three months from the date of application, the Applicant must also attach updated, though unaudited, financial statements for the most recent quarter, attested to by the CEO or CFO.
    • The financial statement shall be prepared in accordance with generally accepted accounting principles and audited by an independent certified public accountant licensed to practice in the jurisdiction in which such accountant is located, and shall be without qualification as to the going concern status of the PEO. A PEO Group may submit combined or consolidated audited financial statements to meet the requirements of this section. A PEO that has not had sufficient operating history to have audited financial statements based upon at least 12 months of operating history shall meet the financial capacity requirements of K.S.A. 44-1704 (f) and present financial statements reviewed by a certified public accountant.
  • Demonstration of positive working capital (one of the following): 
    • Applicants must maintain positive working capital upon registration as indicated in the financial statements,
    • Submit a bond, irrevocable letter of credit or securities with a minimum market value in an amount equal to the sum of the amount that would be necessary for such professional employer organization or professional employer group to comply with K.S.A. 44-1706 (a) plus $100,000 to the commissioner at such time as the professional employer organization or professional employer group does not have sufficient working capital.
Bond Amount:

If positive working capital is not evident in the financial statements, a bond of $100,000 is required. 

Registration Renewal

Form:

Professional Employer Organization Application (Renewal)

Agency Fee:

$500

Due:

Annually within 120 days after the end of a registrant's fiscal year.

Kansas Professional Employer Organization Registration - Limited

Agency:Kansas Insurance Department
Law:

KS Stat. § 44-1704

Foreign Qualification is Prerequisite:No
Notes:

A professional employer organization is eligible for a limited registration if such professional employer organization:

  • Is domiciled outside this state, and is licensed or registered as a professional employer organization in another state;
  • Does not maintain an office in this state, or directly solicit clients located or domiciled within this state; and

  • Does not have more than 50 covered employees employed or domiciled in this state on any given day.
Registered Agent (Special Agency) Required?No

Registration Renewal

Form:

Professional Employer Organization Application (Renewal)

Agency Fee:

$500

Due:

Annually within 120 days after the end of a registrant's fiscal year.

Kansas Talent Agency License

Agency:Kansas Department of Labor
Notes:

Kansas does not have a separate talent agency license, but an employment agency license may be required.

Initial Registration

Agency Fee:

$25

Registration Renewal

Agency Fee:

$25

Due:

Annually

Employee Leasing Company - Enter into leasing contracts with other businesses that require labor. The leasing company loans its workers to the lessee while still providing specified responsibilities, such as workers compensation insurance, to the employees. This includes long term (6 months or more) temporary arrangements but often excludes temporary help arrangements. Unlike professional employer organizations, employee leasing companies are contracted when an employer needs to hire staff and does not want to handle human resources responsibilities.

Employment Agency - An entity that, for compensation, procures or attempts to procure employment for a person.

Professional Employer Organization - PEOs take on the human resources role for businesses and act as a co-employer in the sense that the client company's workers are administratively employees of the PEO but functionally these employees are controlled by the client company. Unlike employee leasing companies, PEOs are contracted when an employer already has staff and does not want to handle human resources responsibilities.

Staffing Agency - An entity that procures temporary or part-time employment for a person who then works under the supervision of a worksite employer.

Talent Agency - An entity that, for compensation, procures or attempts to procure employment or placement for an artist. (Certain art forms are excluded)

American Staffing Association
Staffing, recruiting, and workforce solution industry advocacy group.

National Association of Personnel Services (NAPS)
Education and training oriented association for personnel services providers.

National Association of Professional Employer Organizations (NAPEO)
Provides advocacy efforts, information, and other services to members of the employment industry.

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