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3.35 / Independent Contractor

The use of individuals for consulting and specialized service is expected in the university setting. When the individual to be utilized is an employee of the State of Kansas, even if in another agency, payment must be made by payroll - they cannot be paid by agency purchase order.

For services to be considered an independent contract rather than employment, the service relationship needs to have certain distinguishing characteristics. Consultants and individual contractors usually provide defined services for a designated time. They usually provide the equipment and supplies necessary to complete the project and work at their own discretion and direction. The University's role in a contractual relationship is to specify the end product or service, and not to define the process for achieving the product or service. If the service is performed under the direct supervision and guidance of a University employee, federal laws consider the relationship employment and payments for services must be on payroll. If the work to be performed would normally be completed by a regular employee, it would be difficult to establish a consultant relationship, even for a specified period of time.

All questions should be directed to the Office of Human Resources, the Office of Purchasing or the General Counsel.

Revision Date:
August 1, 2009

(See also Payments to University Employees for Services or Recognition with Monies Held by the Wichita State University Foundation or the Wichita State University Board of Trustees at Section 13.03 of this manual.)

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