TITLE 27 - LABOR AND EMPLOYMENT

 

CHAPTER 1 - GENERAL PROVISIONS

 

27-1-101.� "Manufacturing establishment" defined; "person" defined.

 

Manufacturing establishments, as those words are used in this act, shall mean and include all smelters, oil refineries, cement works, mills of every kind, machine and repair shops, and in addition to the foregoing, any other kind or character of manufacturing establishment, of any nature or description whatsoever, wherein any natural product or other articles or materials of any kind, in a raw or unfinished or incomplete state or condition, are converted into a new or improved or different form. Wherever the expression occurs in this act in substantially the following words: "every person owning or operating any manufacturing establishment," or where language similar to that is used, the word "person" in that connection shall be held and construed to mean any person or persons, partnership, corporation, receiver, trust, trustee, or any other person or combination of persons, either natural or artificial, by whatever name he or they may be called.

 

27-1-102.� Doors at public places to open outward; handrails on stairs; enforcement.

 

All doors leading into or to any manufacturing establishment, mills, workshops, offices, bakeries, laundries, stores, hotels, theaters, halls, or other buildings in which people are employed, shall be so constructed as to open outward, when practicable, and shall not be locked, bolted or fastened so as to prevent free egress during working hours. Proper and substantial handrails shall be provided on all stairways in manufacturing establishments, mills, workshops, offices, bakeries, laundries, stores, hotels, theaters, halls, and other buildings where people are employed or rooms are rented to the public. And he [the department of employment] shall have authority to enforce by due process of law, the provisions of this section, and other laws relating to fire escapes.

 

27-1-103.� Safety devices on elevators and machinery.

 

The openings of all hoistways, hatchways, elevators, well holes and stairways in manufacturing establishments, mills, workshops, bakeries, laundries, stores, hotels, theaters, halls, or any other kind of establishment where labor is employed, or machinery used, shall be protected by trapdoors, hatches, fences, automatic gates or other safeguards, and all due diligence shall be used to keep all such means of protection closed, except when it is necessary to have the same open for use when practicable. All machinery, in use in any mercantile, manufacturing, or any other establishment whatsoever where labor is employed, shall be equipped, with proper shifters for throwing on or off pulleys, loose pulleys and other such safeguards as may be deemed necessary by the commissioner of labor [department of employment] for the proper safeguard of life and limb.

 

27-1-104.� Mines and interstate railroads exempt.

 

Nothing herein contained, as applied to inspection and application of safety devices, shall be construed to be applicable to coal and metalliferous mines and workshops connected therewith, nor to railroads engaged in interstate commerce and workshops connected therewith.

 

27-1-105.� Employees' contract releasing employer from personal injury liability void.

 

It shall be unlawful for any person, company or corporation to require of its servants or employees, as a condition of their employment or otherwise, any contract or agreement whereby such person, company or corporation shall be released or discharged from liability or responsibility on account of personal injuries received by such servants or employees while in service of such person, company or corporation, by reason of the negligence of such person, company or corporation, or the agents or employees thereof, and such contracts shall be absolutely null and void.

 

27-1-106.� Certain nonresident employers required to post bond; exceptions.

 

(a)� All firms, corporations or employers of any kind who are nonresident employers and expect to pay wages in the state of Wyoming in excess of ten thousand dollars ($10,000.00) monthly or one hundred twenty thousand dollars ($120,000.00) annually as a result of conducting business within Wyoming, are required to file with the director of the department of employment a surety bond or other security meeting the requirements of this section, approved by the director and the attorney general.

 

(b)� The bond or other security required by subsection (a) of this section shall be in the amount of ten thousand dollars ($10,000.00) plus an additional one thousand dollars ($1,000.00) for each one hundred twenty thousand dollars ($120,000.00) or fraction thereof that the expected wages exceed one hundred twenty thousand dollars ($120,000.00) annually.

 

(c)� The bond or security provided for in this section shall ensure:

 

(i)� The payment of wages of employees working in the state; and

 

(ii)� All other payments or obligations of the nonresident employer required by the Wyoming Worker's Compensation Act unless waived by the director pursuant to W.S. 27-14-302.

 

(d)� The nonresident employer shall post additional security before performing work under any new contract if the security previously posted under this section has expired.

 

(e)� Upon application by a nonresident employer, the director may permit the withdrawal of any security if the employer has:

 

(i)� Complied with the security requirements of this section and made all necessary payments for a period of two (2) years;

 

(ii)� Demonstrated that he has been a resident of the state for two (2) years and intends to remain a resident; or

 

(iii)� Acquired real property as a nonresident with an unencumbered value greater than or equal to the value of the bond or other security required by subsection (b) of this section.

 

(f)� If the anticipated work has ceased before the expiration of twenty-four (24) months, or less than fifty percent (50%) of the largest work force is still working in Wyoming, the security deposited by the nonresident employer shall be forfeited and retained by the division in an amount equal to the reserved amounts for compensable injuries to the nonresident employer's employees.� Upon application by a nonresident employer, the division shall refund the amount not forfeited pursuant to this subsection except for any disbursements made under subsection (c) of this section.

 

(g)� This section does not apply to charitable or religious organizations.

 

27-1-107.� Nonresident employers to post bond; penalty.

 

Any person or persons, corporation, agent, manager or employer who shall violate any of the provisions of W.S. 27-1-106 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall for each offense, be subject to a fine of not more than seven hundred fifty dollars� ($750.00), imprisonment in the county jail for not more than one (1) year, or both.

 

27-1-108.� Penalties generally.

 

Any person who violates or omits to comply with any of the provisions of this act, or any final order of the department of employment is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one thousand dollars ($1,000.00), imprisonment in the county jail for not more than one (1) year, or both.

 

27-1-109.� Prosecution of violations.

 

The district attorney for any county in this state shall, upon receipt of a verified complaint from the director of the department of employment or a final agency decision of the department of employment prosecute to termination before any court of competent jurisdiction, in the name of the state of Wyoming, actions or proceedings against any person or persons charged with violation of any of the provisions of this act, or any of the laws of this state enacted for the protection of employees.

 

27-1-110.� State rehabilitation council; membership; chairman.

 

(a)� There is established a permanent council within the department of workforce services to be known as the Wyoming governor's state rehabilitation council, to consist of:

 

(i)� At least one (1) representative of the statewide independent living council;

 

(ii)� At least one (1) representative of a parent training and information center;

 

(iii)� At least one (1) representative of the client assistance program;

 

(iv)� At least one (1) vocational rehabilitative counselor;

 

(v)� At least one (1) representative of community rehabilitation program service providers;

 

(vi)� Four (4) representatives of business, industry and labor;

 

(vii)� At least two (2) representatives of disability advocacy groups;

 

(viii)� At least two (2) current or former applicants of vocational rehabilitation services;

 

(ix)� The administrator of the division of vocational rehabilitation;

 

(x)� At least one (1) representative of the department of education;

 

(xi)� At least one (1) representative of the state workforce investment board.

 

(b)� The director of the department of workforce services shall be an ex officio, nonvoting member of the state rehabilitation council.

 

(c)� A majority of council members shall be persons who are:

 

(i)� Individuals with disabilities;

 

(ii)� Not employed by the division of vocational rehabilitation.

 

(d)� One (1) of the members shall be elected chairman by the members of the council. The appointive members shall hold office for the term specified. The council shall be nonpartisan. The governor may remove any council member as provided in W.S. 9-1-202.

 

27-1-111.� Duties of council and department.

 

The department of workforce services, with advice of the council, shall carry on a continuing program to promote the employment of physically, mentally, emotionally and otherwise handicapped persons by creating statewide interest in the rehabilitation and employment of the handicapped and by obtaining and maintaining cooperation from all public and private groups and individuals in the field. The council shall work in cooperation with the president's committee on employment of the handicapped in order to more effectively carry out the purposes of this act.

 

27-1-112.� Authority of council to receive gifts, grants or donations.

 

The department of workforce services, on behalf of the council, is authorized to receive any gifts, grants or donations made for any of the purposes of its program.

 

27-1-113.� Employer immunity for disclosure of certain employee information; rebuttal of presumption.

 

(a)� An employer who discloses information about a former employee's job performance to a prospective employer or to an employer of the former employee is presumed to be acting in good faith.� Unless lack of good faith is shown by a preponderance of evidence, the employer is immune from civil liability for the disclosure or for the consequences resulting from the disclosure.

 

(b)� For purposes of subsection (a) of this section, the presumption of good faith is rebutted upon a showing that the information disclosed by the former employer was knowingly false or deliberately misleading or was rendered with malicious purpose.

 

27-1-114.� Temporary employment fees.

 

(a)� A temporary service contractor for temporary workers is not entitled to collect a fee from an employer for the permanent employment of a temporary worker placed by the temporary service contractor, unless the employer is notified in writing of the existence and the amount of the fee prior to the date of services being rendered by a temporary worker to the employer.

 

(b)� For the purpose of this section "temporary service contractor" means any person, firm, association or corporation conducting a business that employs individuals directly for the purpose of furnishing services of the employed individuals on a temporary basis to others.

 

27-1-115.� State directory of new hires; requirements; exceptions; definitions.

 

(a)� A department designated by the governor shall maintain a directory of new hires using information provided by employers in the state. The department shall use the information in the directory of new hires to:

 

(i)� Provide information to the department of family services as necessary to:

 

(A)� Locate individuals for purposes of establishing paternity and establishing, modifying and enforcing child support obligations;

 

(B)� Notify employers of wage withholding orders.

 

(ii)� Provide information to the national directory of new hires; and

 

(iii)� Maintain information as necessary for the administration of employment security and worker's compensation programs.

 

(b)� Except as provided in subsection (c) of this section, each employer in the state shall furnish to the department of employment within twenty (20) days of hiring a new employee, or in the case of an employer transmitting reports magnetically or electronically, by two (2) monthly transmissions not less than twelve (12) days nor more than sixteen (16) days apart, a report that contains the name, address and social security number of the employee and the name and address of, and identifying number assigned to, the employer under section 6109 of the Internal Revenue Code. The report shall be made on a W-4 form approved by the internal revenue service or, at the option of the employer, on an equivalent form approved by the department. The form may be transmitted by first class mail, electronically or magnetically in a format acceptable to the designated department.

 

(c)� An employer that has employees who are employed in Wyoming and any other state and who transmits the report required under subsection (b) of this section by electronic or magnetic means may elect to submit the report to either state in accordance with federal law. Any department, agency or instrumentality of the federal government operating in the state may submit the report required under subsection (b) of this section to the national directory of new hires in accordance with federal law.

 

(d)� For purposes of this section:

 

(i)� "Employee" means an individual eighteen� (18) years of age or older who is an employee within� the meaning of chapter 24 of the Internal Revenue Code of 1986, but does not include an employee of a federal or state agency performing intelligence or counter-intelligence functions if the head of such agency has determined that reporting the information required by this section could endanger the safety of the individual or compromise an ongoing investigation or intelligence operation. If the federal government seeks to impose sanctions on Wyoming for failure to report new hires under eighteen (18) years of age, the department may include such individuals within the definition of employee for purposes of this section;

 

(ii)� "Employer" means as defined in section 3401(d) of the Internal Revenue Code of 1986 and includes any governmental agency and any labor organization.

 

(e)� In the event that the federal law requiring the state to maintain a directory of new hires is repealed, employers shall not be required to submit reports as provided by subsections (b) and (c) of this section.� The state shall not thereafter maintain the directory of new hires required under subsection (a) of this section.

 

CHAPTER 2 - LABOR AND STATISTICS

 

27-2-101.� Repealed by Laws 1990, ch. 63, � 3.

 

27-2-102.� Repealed by Laws 1990, ch. 63, � 3.

 

27-2-103.� Repealed by Laws 1990, ch. 63, � 3.

 

27-2-104.� Duties of department of employment.

 

(a)� The department of employment shall:

 

(i)� Enforce all laws enacted by the legislature of Wyoming, relating to labor, wages, hours of labor, and to the health, welfare, life and limb of the workers of this state;

 

(ii)� Repealed By Laws 2001, Ch. 162, � 2.

 

(iii)� Make necessary inspections of industrial establishments and buildings as provided by law;

 

(iv)� Make an inspection of all living accommodations provided for employees wherever employed, where the living accommodations are furnished as a part of the wages; and

 

(v)� To promulgate reasonable rules.

 

(b)� Repealed By Laws 2002, Ch. 100, � 4.

 

27-2-105.� Report to governor; statistics and information required.

 

(a)� The department of employment shall collect, classify, have printed and submit to the governor in its annual report the following statistics:

 

(i)� The hours of labor and number of sex engaged in manual labor;

 

(ii)� The aggregate and average daily wages classified by sex and occupation;

 

(iii)� The number and character of accidents;

 

(iv)� The working conditions of all industrial establishments (including manufacturing establishments, hotels, stores, workshops, theaters, halls and other places where labor is employed);

 

(v)� Other information relating to industrial, economic, social, educational, moral and sanitary conditions of the workers; and

 

(vi)� The results of its inspection of industrial establishments.

 

27-2-106.� Repealed by Laws 1990, ch. 63, � 3.

 

27-2-107.� Repealed by Laws 1990, ch. 63, � 3.

 

27-2-108.� Right of entry.

 

The director of the department of employment may designate employees of the department who shall have power to enter any manufacturing establishment, mill, workshop, office, bakery, laundry, store, hotel, theater, hall, or any public or private works where labor is employed, rooms are rented to the public, or machinery is used, for the purpose of enforcing the provisions of this act.

 

27-2-109.� Examination of witnesses.

 

(a)� The director of the department of employment may designate employees of the department who shall have the power to administer oaths, to examine witnesses under oath, to compel the attendance of witnesses and the giving of testimony in any part of this state.

 

(b)� Repealed by Laws 1990, ch. 63, � 3; ch. 71, � 2.

 

(c)� Repealed by Laws 1990, ch. 63, � 3; ch. 71, � 2.

 

(d)� Repealed by Laws 1990, ch. 63, � 3; ch. 71, � 2.

 

(e)� Repealed by Laws 1990, ch. 63, � 3; ch. 71, � 2.

 

(f)� Repealed by Laws 1990, ch. 63, � 3; ch. 71, � 2.

 

(g)� Except as otherwise provided by law, final agency decisions of the department of employment with regard to chapters 4, 5, 6, 7, 8 and 9 of title 27, shall be issued only after an opportunity for hearing pursuant to the Wyoming Administrative Procedure Act. Any party aggrieved by a final agency decision of the department of employment with regards to chapters 4, 5, 6, 7, 8 and 9 of title 27, shall have the right to appeal to district court pursuant to the Wyoming Administrative Procedure Act.

 

27-2-110.� Repealed by Laws 1990, ch. 63, � 3.

 

27-2-111.� Repealed By Laws 2002, Ch. 100, � 4.

 

27-2-112.� Sale of office publications; exception.

 

The department of employment may sell any publication or other duplicated or printed material, other than the biennial report, which it prepares and which the public may desire to purchase.

 

27-2-113.� Sale of office publications; limitation on charges.

 

The charges made by the department of employment shall not exceed the cost of materials, printing, duplication, packaging and postage.

 

27-2-114.� Repealed by Laws 1990, ch. 63, � 3.

 

CHAPTER 3 - UNEMPLOYMENT COMPENSATION

 

ARTICLE 1 - IN GENERAL

 

27-3-101.� Short title.

 

This act is and may be cited as the "Wyoming Employment Security Law".

 

27-3-102.� Definitions generally.

 

(a)� As used in this act:

 

(i)� "Base period" means the first four (4) of the last five (5) completed calendar quarters immediately preceding the first day of an individual's benefit year or any other twelve (12) month period specified by commission regulation. A calendar quarter used in one (1) base period of a valid claim shall not be used in a subsequent base period.� If a combined wage claim under W.S. 27-3-608, the base period is as provided under law of the paying state;

 

(ii)� "Benefit" means a payment to an individual for unemployment under this act;

 

(iii)� "Benefit year" means:

 

(A)� The fifty-two (52) consecutive calendar week period beginning the first week of a claim series established by the filing of a valid initial claim for benefits following the termination of any previously established benefit year; or

 

(B)� The fifty-three (53) consecutive calendar week period beginning the first week of a claim series if filing a new valid claim results in the overlapping of any quarter of the base period of a previously filed claim; or

 

(C)� If a combined wage claim� under W.S. 27-3-608, the benefit year is as provided under law of the paying state.

 

(iv)� "Calendar quarter" means a period of three (3) consecutive calendar months ending on March 31, June 30, September 30 or December 31;

 

(v)� "Commission" means the unemployment insurance commission of Wyoming within the department of employment;

 

(vi)� "Contribution" means payments to the unemployment compensation fund required by this act including payments instead of contributions under W.S. 27-3-509;

 

(vii)� "Employing unit" means any individual or type of organization employing one (1) or more individuals in this state including any partnership, association, trust, estate, corporation, domestic or foreign insurance company or corporation, a receiver, trustee in bankruptcy, trustee or a successor or the legal representative of a deceased person and including any limited liability corporation. Also, any individual or organization not previously subject to this act shall be an employing unit upon acquiring any entity already subject to this act. An individual performing services within this state for any employing unit maintaining two (2) or more separate places of business in the state is employed by a single employing unit. An individual employed to perform for or assist any agent or employee of an employing unit is employed by the employing unit whether hired or paid directly by the employing unit or by the agent or employee if the employing unit had actual or constructive knowledge of the work;

 

(viii)� "Employment office" means a free public employment office or branch operated by any state as part of a state controlled system of public employment offices or by a federal agency administering an unemployment compensation program or a system of free public employment offices;

 

(ix)� "Fund" means the unemployment compensation fund established by this act;

 

(x)� "Hospital" means any institution, building or agency maintaining, furnishing or offering hospitalization of the sick and injured or chronic or convalescent care by individuals employed by the state or any political subdivision;

 

(xi)� "Institution of higher education" means any college or university in this state and any other public or nonprofit educational institution:

 

(A)� Admitting as regular students only high school graduates or the recognized equivalent;

 

(B)� Legally authorized to provide post secondary education in this state; and

 

(C)� Providing an educational program for which a bachelor's or higher degree is awarded or which is accepted as full credit toward this degree, providing a program of postgraduate or postdoctoral study or a training program preparing students for gainful employment in a recognized occupation.

 

(xii)� "Insured work" means employment for employers;

 

(xiii)� "Nonprofit hospital" means any institution performing services specified by paragraph (x) of this subsection and organized and operated under W.S. 35-2-302(a)(vi) and authority of the state department of health;

 

(xiv)� "State" means any of the fifty (50) states of the United States, the District of Columbia, the commonwealth of Puerto Rico or the Virgin Islands;

 

(xv)� "Unemployment" means any week in which an individual performs no services and receives no wages or performs less than full-time work if wages payable for that week are less than his weekly benefit amount and are in accordance with regulations of the commission;

 

(xvi)� "Valid claim" means a claim filed by an individual earning wages for insured work in amounts specified under W.S. 27-3-306(d) for which no misrepresentation is made of unemployment requirements of this act;

 

(xvii)� "United States" used in a geographical sense means the fifty (50) states, the District of Columbia, the commonwealth of Puerto Rico and the Virgin Islands;

 

(xviii)� "Wage" means remuneration payable for services from any source including commissions, bonuses and cash. The reasonable cash value of remuneration other than cash or check shall be prescribed by rule of the commission. To the extent the following are not considered wages under 26 U.S.C. �� 3301 through 3311, "wage" does not include:

 

(A)� For purposes of W.S. 27-3-503 through 27-3-509, remuneration greater than fifty-five percent (55%) of the statewide average annual wage calculated pursuant to W.S. 27-3-303(a) and rounded to the lowest one hundred dollars ($100.00), which is paid during any calendar year to an individual by each employer or a predecessor within any calendar year including employment under any other state unemployment compensation law unless the amount is subject to a federal tax against which credit may be taken for contributions paid into any state unemployment fund;

 

(B)� Any premium paid by an employing unit under a plan, system or into a fund for insurance or annuities to provide an employee or class of employees retirement, sickness or accident disability, medical and hospitalization expenses for sickness or accident disability or death benefits if the employee cannot receive any part of this payment instead of the death benefit or any part of the premium if the benefit is insured and cannot assign or receive cash instead of the benefit upon withdrawal from or termination of the plan, system, policy or services with the employing unit;

 

(C)� A payment by an employing unit not deducted from an employee's remuneration for the tax imposed under 26 U.S.C. � 3101;

 

(D)� Dismissal payments which the employing unit is not obligated to make;

 

(E)� That portion of tips or gratuities not reportable under 26 U.S.C. � 3306(s);

 

(F)� The value of any meals or lodging furnished by and for the convenience of the employer to the employee if the meals are furnished on the business premises of the employer or in the case of lodging, the employee is required to accept lodging on the business premises of his employer as a condition of his employment;

 

(G)� Remuneration received by an employee as sick pay following a six (6) month continuous period of illness;

 

(H)� Any benefit under a cafeteria plan specified by 26 U.S.C. � 125, excluding cash;

 

(J)� Wages of a deceased worker paid to a beneficiary or estate following the calendar year of the worker's death;

 

(K)� Services received under any dependent care assistance program to the extent excluded from gross income under 26 U.S.C. � 129;

 

(M)� Repealed By Laws 2010, Ch. 66, � 2.

 

(N)� Services or benefits received under any educational assistance program;

 

(O)� Any benefit or other value received under an employee achievement award;

 

(P)� The value of any qualified group legal services plan to the extent payments are excluded from gross income under 26 U.S.C. � 120;

 

(Q)� Costs of group term life insurance;

 

(R)� Repealed By Laws 2010, Ch. 66, � 2.

 

(S)� Any moving expenses;

 

(T)� Employer contributions to any qualified retirement and pension plan or individual retirement account and distributions from qualified retirement and pension plans and annuities under 26 U.S.C. � 403(b);

 

(U)� Benefit payments under any supplemental unemployment compensation plan; and

 

(W)� Any benefits paid under the Wyoming Worker's Compensation Act or any other worker's compensation law of another state.

 

(xix)� "Week" means a period of seven (7) consecutive calendar days beginning Sunday and the commission may by regulation prescribe that a week is within the benefit year which includes the greater part of that week;

 

(xx)� "Department" means the divisions within the department of employment established under W.S. 9-2-2002 which contain the principal operating units that administer the unemployment compensation program pursuant to the Social Security Act;

 

(xxi)� "Casual labor" means service not within the normal course of business and for which the remuneration paid is less than fifty dollars ($50.00);

 

(xxii)� "This act" means W.S. 27-3-101 through 27-3-706.

 

27-3-103.� "Employer" defined; qualifications; employment services in other states included.

 

(a)� As used in this act, "employer" means any employing unit:

 

(i)� For whom a worker performs service as an employee;

 

(ii)� Acquiring the organization, business, trade or substantially all of the assets of an employer subject to this act at the time of acquisition;

 

(iii)� Electing coverage under this act pursuant to W.S. 27-3-502(d);

 

(iv)� Not otherwise qualifying as an employer under this section and liable for any federal tax on services employed against which credit may be taken for contribution payments into any state unemployment fund;

 

(v)� Not otherwise qualifying as an employer under this section and as a condition for full tax credit against the tax imposed by 26 U.S.C. �� 3301 through 3311, is required to be an employer under this act;

 

(vi)� Employing services defined as employment under W.S. 27-3-105(a)(i), except as provided by paragraphs (viii) and (ix) of this subsection;

 

(vii)� Employing services defined as employment under W.S. 27-3-105(a)(ii), except as provided by subsection (b) of this section;

 

(viii)� Employing agricultural labor defined under W.S. 27-3-107;

 

(ix)� Employing domestic service defined under W.S. 27-3-107(g); or

 

(x)� That is an Indian tribe, as defined by section 3306 of the federal Unemployment Tax Act, for which service in employment, as defined by this act, is performed.

 

(b)� Domestic service shall not be considered by the department in determining if an employing unit is an employer under paragraph (a)(i), (vi), (vii) or (viii) of this section. Agricultural labor shall not be considered by the department in determining if an employing unit is an employer under paragraph (a)(i), (vi), (vii) or (ix) of this section.

 

(c)� Employment under this section shall include services performed entirely within another state pursuant to an agreement under W.S. 27-3-608(b) and otherwise qualifying as employment under this act.

 

27-3-104.� "Employment" defined; generally; exceptions.

 

(a)� As used in this act, "employment" means service:

 

(i)� Performed by an employee defined under 26 U.S.C. � 3306(i) including service in interstate commerce, except 26 U.S.C. � 3121(d)(2) does not apply;

 

(ii)� Subject to any federal tax against which credit may be taken for contribution payments into any state unemployment fund;

 

(iii)� Required to be employment under this act as a condition for full tax credit against the tax imposed by 26 U.S.C. �� 3301 through 3311; and

 

(iv)� Otherwise specified under W.S. 27-3-104 through 27-3-108.

 

(b)� An individual who performs service for wages is an employee for purposes of this act unless it is shown that the individual:

 

(i)� Is free from control or direction over the details of the performance of services by contract and by fact;

 

(ii)� Repealed by Laws 1991, ch. 153, � 1.

 

(iii)� Repealed by Laws 1995, ch. 121, � 3.

 

(iv)� Repealed by Laws 1995, ch. 121, � 3.

 

(v)� Represents his services to the public as a self-employed individual or an independent contractor; and

 

(vi)� May substitute another individual to perform his services.

 

27-3-105.� "Employment" defined; employment for state, and other organizations; exceptions.

 

(a)� Employment under this act includes service performed for:

 

(i)� This state, any of its political subdivisions, including service as an appointed official of any political subdivision, or for this state and any other state or its political subdivisions and this service is excluded from employment under 26 U.S.C. �� 3301 through 3311 solely by 26 U.S.C. � 3306(c)(7);

 

(ii)� A religious, charitable, educational or other organization if excluded from employment under 26 U.S.C. �� 3301 through 3311 solely by 26 U.S.C. � 3306(c)(8) and the organization employed four (4) or more individuals for part of one (1) day for twenty (20) weeks within the current or preceding calendar year; and

 

(iii)� An Indian tribe, as defined by section 3306 of the federal Unemployment Tax Act, if the service is excluded from employment, as defined by the federal Unemployment Tax Act, only because of the application of section 3306(c)(7) of that act and is not otherwise excluded from employment as defined by this act.

 

(b)� Subsection (a) of this section does not include service performed:

 

(i)� For a church or convention or association of churches;

 

(ii)� For an organization operated primarily for religious purposes and supervised, controlled or principally supported by a church or convention or association of churches;

 

(iii)� As an ordained, commissioned or licensed minister of a church in the exercise of his ministry;

 

(iv)� As a member of a religious order in the exercise of required duties of the order;

 

(v)� As an elected official;

 

(vi)� As a member of a legislative body or the judiciary of the state or any political subdivision;

 

(vii)� As a member of the state national guard or air national guard;

 

(viii)� For a governmental agency as a temporary employee for fire, storm, snow, earthquake, flood or similar emergencies;

 

(ix)� By a major nontenured policymaking or advisory position pursuant to law or by a policymaking or advisory position not ordinarily requiring more than eight (8) hours of service per week;

 

(x)� By an individual receiving rehabilitative services from a facility providing rehabilitation programs for individuals with impaired earning capacities because of age, physical or mental deficiencies or injury or providing remunerative work for individuals not readily absorbed into the labor market because of physical or mental deficiencies;

 

(xi)� By an individual receiving a wage as part of a work experience or workfare program assisted or financed by the federal government or any state or local government, except for those programs employing an individual in on-the-job training for which wages are wholly or partially paid by the employer;

 

(xii)� By an inmate of a state custodial or penal institution; or

 

(xiii)� As an election official or election worker if the amount of remuneration received by the individual during the calendar year for services performed as an election official or election worker is less than one thousand dollars ($1,000.00).

 

27-3-106.� "Employment" defined; employment outside United States; exceptions; "American employer" defined; localized service specified.

 

(a)� Employment under this act includes service performed outside the United States except in Canada and the Virgin Islands by a United States citizen for an American employer if:

 

(i)� The employer's principal place of business in the United States is located in this state;

 

(ii)� The employer has no place of business in the United States and is a resident of this state, a corporation organized under state law or a partnership or trust and the number of partners or trustees resident of this state is greater than the number of residents of any other state;

 

(iii)� The employer elected coverage under this act; or

 

(iv)� A claim for benefits based on this service is filed under this act and the employer failed to elect coverage in any state.

 

(b)� As used in subsection (a) of this section, "American employer" means a:

 

(i)� Resident of the United States;

 

(ii)� Partnership and two-thirds (2/3) or more of the partners are residents of the United States;

 

(iii)� Trust and the trustees are United States residents; or

 

(iv)� Corporation organized under federal or any state law.

 

(c)� Notwithstanding subsection (a) of this section, employment includes service performed in this state, both in and outside this state or in Canada if the service is:

 

(i)� Localized in this state;

 

(ii)� Not localized in any state, a part of the service is performed in this state and the base of operations is located in this state or if the base of operations is not located in any state, the individual is a resident of this state; or

 

(iii)� Not subject to the law of any state or Canada and the service is directed or controlled from a location in this state.

 

(d)� Service not covered under subsection (c) of this section, performed entirely outside this state and contributions are not required or paid under federal or any state law is employment under this act if the individual performing the service is a resident of this state and the department approves the election of the employing unit for coverage under this act.

 

(e)� Service is localized within a state if it is performed entirely within the state or both within and outside the state if the service performed outside the state is incidental.

 

27-3-107.� "Agricultural labor" defined; "farm" defined; "crew leader" defined; when domestic services included; exception.

 

(a)� As used in this section, "agricultural labor" means remunerated service performed:

 

(i)� On a farm for any person involving cultivating the soil or raising or harvesting any agricultural or horticultural commodity including training and managing livestock, bees, poultry, wildlife or furbearing animals;

 

(ii)� For the owner, tenant or other operator of a farm involving the maintenance of the farm and any tools and equipment if the major part of the service is performed on the farm;

 

(iii)� For the operator of a farm in handling, planting, drying, packing, packaging, processing, freezing, grading, storing, delivering to storage or market in its unmanufactured state or delivering to a carrier for transportation to market, any agricultural or horticultural commodity if the operator produced more than fifty percent (50%) of the commodity;

 

(iv)� For the operation or maintenance of ditches, canals, reservoirs or waterways used exclusively for supplying and storing water for farming purposes;

 

(v)� In the production or harvesting of an agricultural commodity as defined under 12 U.S.C. � 1141j(g);

 

(vi)� For a group of farm operators or a cooperative organization of which the operators are members for services specified under paragraph (iii) of this subsection if the operators produced more than fifty percent (50%) of the commodity. This paragraph does not apply to service involving commercial canning, commercial freezing or any agricultural or horticultural commodity after delivery to a terminal market for distribution for consumption.

 

(b)� As used in subsection (a) of this section, "farm" means stock, dairy, poultry, fruit and furbearing animal operations, truck farms, ranches, nurseries, ranges, orchards, greenhouses and other operations primarily engaged in the raising of agricultural or horticultural commodities.

 

(c)� Agricultural labor is employment under this act if it is performed for a person who:

 

(i)� Paid cash wages of twenty thousand dollars ($20,000.00) or more during any calendar quarter in the current or preceding calendar year to individuals employed in agricultural labor; or

 

(ii)� Employed ten (10) or more individuals in agricultural labor for a part of one (1) day for twenty (20) calendar weeks within the current or preceding calendar year.

 

(d)� For purposes of this section, any member of a crew furnished by a crew leader to perform service in agricultural labor for any other person is an employee of the crew leader if:

 

(i)� The crew leader is certified under 29 U.S.C. 1801 through 1872; or

 

(ii)� Substantially all crew members operate or maintain tractors, mechanized harvesting or crop dusting equipment or other mechanized equipment provided by the crew leader; and

 

(iii)� The individual is not an employee of any other person under W.S. 27-3-104 through 27-3-108.

 

(e)� As used in this section, "crew leader" means an individual who:

 

(i)� Furnishes individuals to perform agricultural labor for any other person;

 

(ii)� Pays for himself or for others the cash wages of individuals furnished by him for agricultural labor; and

 

(iii)� Has not entered into a written agreement with the other person designating the individuals as employees of that person.

 

(f)� If an individual furnished by a crew leader to perform agricultural labor for another person is not an employee of the crew leader pursuant to subsection (d) of this section, the other person is the employer and shall pay cash wages of the individual equal to the amount paid by the crew leader for the service performed for that person.

 

(g)� Employment under this act includes domestic service performed for a person in a private home, local college club or local chapter of a college fraternity or sorority for which cash wages of one thousand dollars ($1,000.00) or more are paid for any calendar quarter of the current or preceding calendar year.

 

(h)� Service performed during any period in which exemptions from federal unemployment tax liability are provided for under 26 U.S.C. � 3306(c)(1)(B) including any amendments or extensions thereto, by an alien admitted to the United States to perform service in agricultural labor under 8 U.S.C. �� 1101 through 1503, is exempt from this section.

 

27-3-108.� Services excluded from scope of employment.

 

(a)� Employment under this act� does not include service performed:

 

(i)� By an individual for his spouse or child or by a person under twenty-one (21) years of age for his parent or for a partnership consisting only of his parents;

 

(ii)� For the federal government or any federal agency exempt from this act by federal constitution, except service for those agencies otherwise required by law to contribute to any state unemployment compensation fund;

 

(iii)� For an employer or employee representative defined under 45 U.S.C. � 351 et seq. unless an agreement is in effect pursuant to W.S. 27-3-608;

 

(iv)� By an individual under the age of eighteen (18) distributing or delivering newspapers or shopping news excluding the delivery or distribution at any point for further delivery or distribution;

 

(v)� By a licensed real estate broker or salesman receiving as sole compensation a commission based on the sale or rental of real estate;

 

(vi)� In the employ of a school, college or university by a student enrolled and regularly attending the school, college or university or by the spouse of a student if the spouse is informed at the time employed that employment is provided under a financial assistance program and the employment is not covered by unemployment compensation;

 

(vii)� By an individual enrolled in a full-time program of an educational institution combining academic instruction with work experience if the service is an integral part of the program and is certified by the institution to the employer. This paragraph does not apply to service performed in a program established for an employer or group of employers;

 

(viii)� By a hospital patient employed by the hospital;

 

(ix)� In a barber shop licensed under W.S. 33-7-108 or salon licensed under W.S. 33-12-127 if:

 

(A)� Use of shop facilities by an individual performing services is contingent upon payment of a flat rate of compensation to the shop owner; and

 

(B)� The individual performing services receives no compensation from the shop owner for services performed.

 

(x)� By an individual who is the owner and operator of a motor vehicle which is leased or contracted with driver to a for-hire common or contract carrier.� The owner-operator shall not be an employee for purposes of this act if he performs the service pursuant to a contract which provides that the owner-operator shall not be treated as an employee for purposes of the Federal Insurance Contributions Act, the Social Security Act, the Federal Unemployment Tax Act and income tax withholding at source;

 

(xi)� Services performed as casual labor;

 

(xii)� Repealed By Laws 2010, Ch. 66, � 2.

 

(xiii)� By a member of a limited liability company, unless the limited liability company elects coverage in accordance with W.S. 27-3-502(d).

 

27-3-109.� Amendment and repeal; vested rights denied.

 

The legislature reserves the right to amend, modify or repeal all or any part of the Wyoming Employment Security Law at any time.� There is no vested private right of any kind under this act.

 

ARTICLE 2 - FUND ADMINISTRATION

 

27-3-201.� Establishment and composition of unemployment compensation fund.

 

(a)� The unemployment compensation fund is established and shall be administered by the department for purposes of this act.

 

(b)� The fund shall consist of:

 

(i)� Contributions collected under this act, excluding revenues for the employment support fund under W.S. 27-3-505(a);

 

(ii)� Funds received under 42 U.S.C. � 1321;

 

(iii)� Interest earned on the fund balance;

 

(iv)� Any property or securities acquired by the fund and any earnings of the acquired property or securities;

 

(v)� Any other funds received for the fund from any other source; and

 

(vi)� Funds credited to Wyoming's account in the unemployment trust fund pursuant to 42 U.S.C. � 1103.

 

27-3-202.� Administration of fund.

 

(a)� The state treasurer is the custodian of the fund and shall administer the fund and issue warrants upon the fund in accordance with the directions of the department or regulations of the commission. He shall maintain a clearing account, an unemployment trust fund account and a benefit account separately within the fund.

 

(b)� All funds payable to the fund shall be deposited by the department or its authorized representative with the state treasurer in the clearing account. In addition, all funds collected from the employment support fund under W.S. 27-3-505(a) shall be deposited by the department in the clearing account, for clearance only, and shall not become a part of the fund. After clearance, funds collected for the employment support fund under W.S. 27-3-505(a) shall be deposited in the employment support fund created by W.S. 27-3-211. Thereafter, refunds payable pursuant to W.S. 27-3-515 may be paid from the clearing account upon warrants issued by the treasurer under regulation of the commission. Remaining funds in the clearing account shall be immediately deposited with the United States secretary of the treasury in Wyoming's account within the unemployment trust fund established pursuant to 42 U.S.C. � 1104(e).

 

(c)� The benefit account consists of all funds withdrawn from Wyoming's account in the unemployment trust fund. Funds shall be withdrawn from Wyoming's account only for the payment of benefits in accordance with regulations of the commission, except as provided by W.S. 27-3-204. The department shall withdraw funds from the unemployment trust fund in amounts necessary to pay benefits for a reasonable future period. Withdrawals from the unemployment trust fund shall not exceed the balance of Wyoming's account within the trust fund. Upon receipt, the treasurer shall deposit the funds in the benefit account and shall issue warrants for the payment of benefits from the benefit account. Any funds remaining unclaimed or unpaid in the benefit account after the expiration of the period for which they were withdrawn shall be deducted from estimates and used for the payment of benefits during succeeding periods or deposited with the United States secretary of the treasury in Wyoming's account in the unemployment trust fund.

 

(d)� Except as otherwise provided by this act, the state treasurer may deposit funds of the clearing and benefit accounts, under regulation of the commission and separate from other state funds, in an approved public depository in the manner provided by W.S. 9-4-801 through 9-4-815. Any collateral pledged for this purpose shall be separate from collateral pledged to secure other state funds. All funds recovered from losses sustained by the fund shall be deposited by the treasurer into the fund. The department may request an examination of any return or report of a national banking association required by this act pursuant to 26 U.S.C. � 3305(c).

 

(e)� Warrants for payment of benefits and refunds from the benefit and clearing accounts shall be signed by the treasurer and the department or its authorized agent.

 

27-3-203.� Discontinuance or nonmaintenance of fund; disposition of assets.

 

If the unemployment trust fund is discontinued or Wyoming's account is no longer maintained, the provisions of W.S. 27-3-201 and 27-3-202 relating to the unemployment trust fund are no longer effective. All funds, properties or securities of the Wyoming unemployment compensation fund shall be transferred to the state treasurer. The treasurer shall hold, invest, transfer, sell, deposit and release the funds, properties or securities in a manner approved by the commission in accordance with law and this act. Any investment shall allow sufficient conversion of fund assets for payment of benefits.

 

27-3-204.� Withdrawal funds credited to federal unemployment trust fund.

 

(a)� Funds credited to Wyoming's account in the unemployment trust fund pursuant to 42 U.S.C. � 1103 may be� withdrawn only for the payment of benefits and expenses for the administration of this act pursuant to this section except as provided by W.S. 27-3-208 and for the payment of expenses for the administration of public employment offices administered by the department of workforce services pursuant to W.S. 9-2-2601(e).

 

(b)� Funds shall be withdrawn for administrative expenses by legislative appropriation. The appropriation shall:

 

(i)� Specify the amounts and purposes for which the funds are appropriated;

 

(ii)� Limit the period in which the funds may be obligated to not more than two (2) years after the date of enactment; and

 

(iii)� Limit the amount which may be obligated to an amount which does not exceed the amount by which the� amounts transferred to Wyoming's account pursuant to 42 U.S.C. � 1103 exceed the aggregate of the amounts used by Wyoming pursuant to this act and charged against the amounts transferred to Wyoming's account.

 

(c)� Funds withdrawn for payment of administrative expenses pursuant to this section shall be deposited in the employment security administration account and shall remain a part of the unemployment fund until spent. The department shall maintain a separate record of the deposit, obligation, expenditure and return of funds deposited. Any funds deposited and not spent for purposes specified within the legislative appropriation or remaining at the expiration of the period specified by the appropriation shall be deposited with the United States secretary of the treasury in Wyoming's account in the unemployment trust fund.

 

27-3-205.� Employment security administration account.

 

(a)� The employment security administration account is established and shall be administered by the state treasurer. The treasurer may deposit funds within the account separate from other state funds in an approved public depository in accordance with W.S. 9-4-801 through 9-4-815. Funds deposited into the account are available to the department for expenditure in accordance with this act and shall not be transferred to any other account. Account expenditures, except funds received pursuant to W.S. 27-3-204, shall be only for the payment of necessary administrative expenses of this act as determined by the United States secretary of labor and for the establishment and maintenance of public employment offices pursuant to W.S. 9-2-2601(e). All funds deposited into the account pursuant to W.S. 27-3-204 shall remain a part of the unemployment compensation fund and shall be used in accordance with W.S. 27-3-204.

 

(b)� The account shall consist of:

 

(i)� Funds appropriated by the legislature, funds received under 29 U.S.C. � 49 et seq. and other federal funds and funds received from any other source for purposes specified in this section;

 

(ii)� Federal funds and funds from any other state received as compensation for services or facilities supplied from the account;

 

(iii)� Funds from any surety bond, insurance policy or other source for losses sustained by the account including damage to equipment or supplies purchased by the account; and

 

(iv)� Any proceeds from the sale or disposition of equipment or supplies purchased by the account.

 

27-3-206.� Replacement of certain funds; how implemented; reports.

 

The state shall replace any federal funds received under 42 U.S.C. � 501 et seq., any funds granted to the state under 29 U.S.C. � 49 et seq. and any funds of the state or any political subdivision which are matched by federal funds under 29 U.S.C. � 49 et seq. and found by the federal government to be lost or spent for purposes other than or in amounts in excess of those amounts necessary for the administration of this act. Replacement of funds pursuant to this section shall be by legislative appropriation from the state general fund to the employment security administration account for expenditure as provided by W.S. 27-3-205. The department shall report to the governor and the governor to the legislature through the report required under W.S. 9-2-1014 the amount required for the replacement.

 

27-3-207.� Employment security revenue account.

 

(a)� The employment security revenue account is created as a separate account in the employment security administration account. Monies within the account may only be expended by legislative appropriation.� The account shall be used:

 

(i) �To replace any funds pursuant to W.S. 27-3-206;

 

(ii)� For necessary expenses of this act for which no federal funds are available provided the expenditures from the account are not substituted for federal funds which would otherwise be available; and

 

(iii)� Instead of federal funds requested but not received provided the account is reimbursed upon receipt of requested federal funds.

 

(b)� Notwithstanding W.S. 27-3-201, 27-3-202 and 27-3-205, the employment security revenue account shall consist of:

 

(i)� Interest collected under W.S. 27-3-510(a) and deposited in the clearing account, provided a sufficient balance is kept within the clearing account to pay interest refunds; and

 

(ii)� All federal funds accruing to the Wyoming unemployment trust fund with the United States secretary of the treasury under 26 U.S.C. � 3301 et seq. which are for administrative purposes.

 

(c)� Funds deposited in the Wyoming unemployment trust fund pursuant to paragraph (b)(ii) of this section may be withdrawn according to procedures established by the United States secretary of the treasury.

 

27-3-208.� Advances from federal unemployment trust fund.

 

(a)� The governor may apply for and receive advances to the state of Wyoming from its account in the federal unemployment trust fund and shall be responsible for the advances in accordance with the conditions specified in Title XII of the "Social Security Act", as amended, in order to secure to Wyoming the advantages available under that title.

 

(b)� Principal repayments shall only be made from federal revenues credited to or received by Wyoming under this act or interfund borrowing under section 5 of this act [Laws 1983, Sp. Sess., ch. 2, � 5, as amended by Laws 1984, ch. 50, � 2] and repayments of interest, if any, shall only be made from revenues available by a legislative appropriation for that purpose or interfund borrowings under section 5 of this act [Laws 1983, Sp. Sess., ch. 2, � 5, as amended by Laws 1984, ch. 50, � 2].

 

27-3-209.� State unemployment insurance trust fund established.

 

(a)� There is established the state unemployment insurance trust fund. All state unemployment insurance contributions collected under W.S. 27-3-503 through 27-3-505, less refunds, shall be deposited into the fund and held in trust for the sole and exclusive use of payment on unemployment insurance benefits. The state treasurer shall invest available revenues in the fund in accordance with law, and earnings from those investments shall be credited to the workforce development training fund established in W.S. 9-2-2604.

 

(b)� The director may determine when and in what amounts withdrawals from the state unemployment insurance trust fund for payment of benefits are necessary. Amounts withdrawn for payment of benefits shall be immediately forwarded to the secretary of the treasury of the United States of America to the credit of the state's account in the unemployment trust fund.

 

(c)� If the state unemployment insurance trust fund is dissolved, all money then in that fund, less earnings, shall be immediately transferred to the credit of the state's account in the unemployment compensation fund, regardless of other provisions of law. Earnings from the state unemployment insurance trust fund shall be credited to the workforce development training fund established in W.S. 9-2-2604. The governor may dissolve the state unemployment insurance trust fund if he finds it to be unnecessary based upon the solvency of the unemployment compensation fund and need for training for Wyoming workers.

 

27-3-210.� Repealed By Laws 2002, Ch. 100, � 4.

 

27-3-211.� Employment support fund established.

 

(a)� There is established the employment support fund. Revenues allocated pursuant to W.S. 27-3-505(a) shall be credited to the employment support fund by the state treasurer. The state treasurer shall invest available revenues in the fund in accordance with law, and earnings from those investments shall be credited to the fund.� The monies in the employment support fund shall not revert to the general fund at the end of any fiscal year, except that any unappropriated amounts remaining in the fund at the end of any fiscal year shall be transferred by the state treasurer to the state unemployment insurance trust fund created pursuant to W.S. 27-3-209.

 

(b)� Monies from the employment support fund shall be expended only upon appropriation by the legislature and shall be withdrawn solely for unemployment compensation benefits or administrative expenses to:

 

(i)� Offset funding deficits for program administration under this act;

 

(ii)� Collect and administer the revenues collected under W.S. 27-3-505(a);

 

(iii)� Further support programs to strengthen unemployment fund solvency;

 

(iv)� Support employment office programs administered by the department of workforce services.

 

ARTICLE 3 - BENEFITS

 

27-3-301.� Definitions.

 

(a)� As used in this article:

 

(i)� "Additional benefits" means benefits payable under state law to exhaustees due to high unemployment conditions or other special factors and totally financed by any state;

 

(ii)� "Applicable benefit year" means an individual's most recent benefit year or an individual's current benefit year if at the time of filing a claim for extended benefits his benefit year is unexpired only in the state in which filing;

 

(iii)� "Eligibility period" means those weeks in an individual's benefit year beginning in an extended benefit period and if his benefit year ends within the extended benefit period, any weeks beginning in this period;

 

(iv)� "Extended benefits" means benefits payable to an individual under this article for weeks of unemployment in his eligibility period including benefits payable to federal employees and veterans under 5 U.S.C. � 8501 et seq.;

 

(v)� "Most recent benefit year" means the benefit year with the latest ending date for individuals filing a claim for extended benefits with unexpired benefit years in more than one (1) state or, if the benefit years have the same ending date, the benefit year in which the latest continued claim for regular benefits was filed;

 

(vi)� "Regular benefits" means benefits, excluding extended and additional benefits, payable to an individual under this act or any other state law including dependent's allowances and benefits payable to federal employees or veterans under 5 U.S.C. � 8501 et seq.;

 

(vii)� "State law" means the unemployment insurance law of any state approved by the United States secretary of labor under 26 U.S.C. � 3304.

 

27-3-302.� Payment; liability.

 

(a)� Benefits provided by this article are payable from the unemployment compensation fund established by W.S. 27-3-201. All benefits shall be paid through department offices in accordance with regulations of the commission.

 

(b)� The department is liable for benefit payments only to the extent provided by this act and to the extent that funds are available within the fund.

 

27-3-303.� Weekly amount; computation; payment.

 

(a)� Subject to subsection (d) of this section, the weekly benefit amount for an eligible individual is four percent (4%) of his total wages payable for insured work in that quarter of his base period in which his wages were highest computed to the next lower multiple of one dollar ($1.00). The amount shall not be more than the statewide weekly wage multiplied by fifty-five percent (55%) and computed to the next lower multiple of one dollar ($1.00). The statewide weekly wage is the total wages reported by employers, excluding the limitation on the amount of wages subject to contributions under this act, for employment during the calendar year preceding June 1 divided by the product of fifty-two (52) times the twelve (12) month average of the number of employees in the pay period and rounded to the nearest cent. The statewide average annual wage is the total wages reported by employers, excluding the limitation on the amount of wages subject to contributions under this act, for employment during the calendar year preceding June 1 divided by the twelve (12) month average of the number of employees in the pay period and rounded to the nearest cent.� The pay period reported by employers shall include the twelfth day of each month during the same year. The minimum and maximum weekly benefit paid under this subsection to any individual applies only to the benefit year beginning on or after July 1.

 

(b)� Repealed by Laws 1985, ch. 175, � 3.

 

(c)� An eligible individual unemployed in any week shall be paid his weekly benefit for that week less any earnings payable to him for that week which exceeds fifty percent (50%) of his weekly benefit amount. The reported earnings and resulting payment shall be computed to the next lower multiple of one dollar ($1.00).

 

(d)� Effective April 1, 1984, and any other time thereafter, when the revenues in the fund excluding legislative appropriations and interfund borrowing are certified by the governor to be inadequate to pay the benefits computed as provided in subsection (a) of this section and inadequate to repay interfund or federal loans, the weekly benefit of any individual whose benefits computed under subsection (a) of this section would equal or exceed ninety dollars ($90.00) per week shall be reduced to eighty-five percent (85%) of that computed under subsection (a) of this section rounded to the next lower multiple of one dollar ($1.00). No individual receiving benefits of ninety dollars ($90.00) or more per week shall receive less than ninety dollars ($90.00) per week because of the reduction provided under this subsection. The reduced benefits shall continue until the governor and the state treasurer certify to the department that the fund is adequately solvent to pay the benefits computed under subsection (a) of this section. A reduction in an individual's weekly benefit amount resulting from the imposition of this provision will not increase the number of full weeks of benefits to which the individual would otherwise have been entitled had the provision not been invoked. The amounts paid under this subsection shall be in complete satisfaction of a claimant's rights and benefits under this act.

 

(e)� Upon periodic certification by the governor to the state treasurer of inadequate revenues, the state treasurer may authorize interfund loans from the permanent Wyoming mineral trust fund or any other available permanent fund not subject to interest earning trust obligations, for cumulative amounts not exceeding twenty million dollars ($20,000,000.00), to the unemployment compensation fund as needed to repay revenues borrowed pursuant to W.S. 27-3-208 or to pay benefits through January 1, 1995, which are not able to be paid due to the insufficiency of any available revenues except for those obtained through W.S. 27-3-208.� Loans pursuant to this subsection shall bear no interest and shall be repaid when the unemployment compensation fund is adequately solvent to repay the loans and to continue paying the benefit obligations.

 

27-3-304.� Maximum payment.

 

Except as provided by W.S. 27-3-316, the maximum amount of benefits payable to any eligible individual in a benefit year shall not exceed twenty-six (26) times his weekly benefit or thirty percent (30%) of his wages payable for insured work in his base period, whichever is less. This amount shall be computed to the next higher multiple of his weekly benefit.

 

27-3-305.� Disclosure of child support obligations required; notification; amount withheld; payment; applicability of provisions.

 

(a)� An individual filing a new claim for benefits payable under this act shall disclose if he owes child support obligations enforced pursuant to a plan described in 42 U.S.C. � 654 and approved under 42 U.S.C. � 651 et seq. If the individual owes child support obligations and is eligible for benefits, the department shall notify the state or local child support enforcement agency operating pursuant to a plan described in 42 U.S.C. � 654 and enforcing the obligation that the individual is eligible for benefits.

 

(b)� The department shall withhold from benefits payable to an individual owing child support obligations enforced pursuant to a plan approved under 42 U.S.C. � �651, et seq.:

 

(i)� Repealed By Laws 2005, ch.186, � 3.

 

(ii)� The amount determined pursuant to an agreement under 42 U.S.C. � 654(19)(B)(i) and submitted to the department by the state or local child support enforcement agency.

 

(iii)� Repealed By Laws 2005, ch. 186, � 3.

 

(c)� Any amount withheld under subsection (b) of this section shall be paid by the department to the appropriate state or local child support enforcement agency, treated as if paid to the individual as benefits under this act and as if paid by the individual to the state or local child support enforcement agency in satisfaction of his child support obligations.

 

(d)� This section applies only if arrangements are made for reimbursement by the state or local child support enforcement agency for administrative costs incurred by the department attributable to child support obligations enforced by the agency and if the obligations are being enforced pursuant to a plan approved under 42 U.S.C. � 651, et seq.

 

27-3-306.� Eligibility requirements; waiver or amendment authorized; unemployed waiting period; registration and referral for suitable work.

 

(a)� An unemployed individual is eligible for benefits under this article for any week if he:

 

(i)� Registers for work with the department of workforce services and actively seeks work in accordance with regulations of the commission, unless he will be recalled to full-time work:

 

(A)� By an employer who paid fifty percent (50%) or more of his base period wages;

 

(B)� Within twelve (12) weeks by an employer.

 

(ii)� Files a benefit claim for that week in accordance with regulations of the commission;

 

(iii)� Is able and available for work;

 

(iv)� Repealed By Laws 2005, ch. 186, � 3.

 

(v)� Earned wages for insured work in amounts specified by subsection (d) of this section;

 

(vi)� As a corporate officer, is unemployed, certifies unemployment and otherwise satisfies the requirements of this subsection;

 

(vii)� Continues to report to a department office in accordance with regulations of the commission; and

 

(viii)� Participates in reemployment services such as job search assistance services if the individual is determined to be likely to exhaust regular benefits and to require reemployment services pursuant to a profiling system established by the department, unless the department determines:

 

(A)� The individual has completed reemployment services; or

 

(B)� There is justifiable cause for the claimant's failure to participate in these services.

 

(b)� The commission may by regulation waive or amend the requirements of this section for individuals attached to regular work or other situations in which these requirements are inconsistent with this act. Regulations of the commission shall not conflict with W.S. 27-3-303.

 

(c)� Repealed By Laws 2005, ch. 186, � 3.

 

(d)� To qualify under paragraph (a)(v) of this section, an individual shall have earned:

 

(i)� Wages for insured work during his base period of not less than eight percent (8%) of the statewide average annual wage computed under W.S. 27-3-303(a) rounded to the lowest fifty dollars ($50.00);

 

(ii)� Repealed by Laws 1993, ch. 19, � 2.

 

(iii)� Wages for insured work of one and four-tenths (1.4) times the high quarter earnings in his base period; and

 

(iv)� Not less than eight (8) times the weekly benefit amount of his current claim for services after the beginning of the next preceding benefit year in which benefits were received. This paragraph applies only if the base period is the first four (4) of the last five (5) completed calendar quarters immediately preceding the first day of the benefit year. Services under this paragraph must be performed in an employer-employee relationship but are not required to qualify as employment under W.S. 27-3-104 through 27-3-108.

 

(e)� The department of workforce services shall register and refer eligible benefit claimants under this article to suitable work meeting criteria prescribed by W.S. 27-3-312 for regular benefits and by W.S. 27-3-317(e) for extended benefits.

 

27-3-307.� Eligibility when enrolled in approved training program; standards for training program approval.

 

(a)� Notwithstanding W.S. 27-3-306(a)(i) and (iii) or 27-3-311(a)(ii) and (iii) or any federal law relating to availability for, active search for, failure to apply for or refusal to accept suitable work, an otherwise eligible individual is eligible for benefits for any week if he is:

 

(i)� Enrolled in a training program approved by the department pursuant to subsection (b) of this section; or

 

(ii)� In training approved under federal law.

 

(b)� Standards for training program approval under subsection (a) of this section are:

 

(i)� Licensed or accredited by the appropriate agency;

 

(ii)� Preparation for job skills for occupations with good employment opportunities;

 

(iii)� Individual interest, aptitude and motivation determined necessary by the department to complete the course successfully;

 

(iv)� Regular class attendance, satisfactory progress in course work and individual compliance with other training requirements of the institution;

 

(v)� Training is to prepare an individual for entry level or upgraded employment in a recognized skilled vocational or technical occupation and such training is designed to facilitate the learning of particular skills; and

 

(vi)� Current skills of the individual are obsolete or offer minimal employment opportunities.

 

(c)� Notwithstanding W.S. 27-3-311(a)(i), an otherwise eligible individual is eligible for benefits in any week if he:

 

(i)� Is in training approved under federal law; or

 

(ii)� Left work to enter approved training if the work is not suitable, as defined under federal law.

 

(d)� Notwithstanding W.S. 27-3-306(a)(i) and (iii) or 27-3-311(a)(i) through (iii) or any federal law relating to availability for, active search for, failure to apply for or refusal to accept suitable work, an otherwise eligible individual is eligible for benefits for any week if he is not receiving wages or compensation while participating in training in an apprenticeship program approved by the department if he:

 

(i)� Is attending instruction related to the program when the instruction does not exceed eight (8) weeks during the benefit year of the individual and the attendance in the instruction is required as a condition of the individual's continued enrollment in the apprenticeship program;

 

(ii)� Provides the department with a copy of his apprenticeship agreement;

 

(iii)� Files claims in accordance with the rules of the department;

 

(iv)� Establishes to the satisfaction of the department that the training is an approved apprenticeship program; and

 

(v)� Has his most recent employer approve his participation in the training.

 

27-3-308.� Services excluded for eligibility.

 

(a)� An individual is not eligible for benefits based on service:

 

(i)� In an instructional, research or principal administrative capacity for an educational institution for any week of unemployment beginning between two (2) successive academic years, two (2) regular terms whether or not successive or during a paid sabbatical leave and he has a reasonable assurance to perform services in any such capacity for any educational institution in the second academic year or term or end of the paid sabbatical leave;

 

(ii)� In any other capacity for any educational institution for weeks of unemployment beginning September 3, 1982, and thereafter for any week of unemployment beginning between two (2) successive academic years or terms if he is employed in the first academic year or term with a reasonable assurance for employment in the second year or term for any educational institution. If compensation is denied to any individual under this paragraph and he was not offered an opportunity to perform services for the educational institution for the second academic year or term, the individual is entitled to retroactive payment of compensation for each week he filed a timely claim for compensation but was denied compensation solely because of this paragraph;

 

(iii)� For training, preparing and participating in sporting or athletic events for any week of unemployment beginning between two (2) successive seasons or periods if he is employed in the first season or period with reasonable assurance of employment in the second season or period.

 

(b)� With respect to any service described in paragraphs (a)(i) and (ii) of this section, benefits are not payable on the basis of services in any such capacities to any individual for any week which commences during an established and customary vacation period or holiday recess if the individual performs the services in the period immediately before the vacation period or holiday recess, and there is a reasonable assurance that the individual will perform the services in the period immediately following the vacation period or holiday recess.� With respect to any services described in paragraphs (a)(i) and (ii) of this section, and in this subsection, benefits shall not be payable on the basis of services in any such capacities as specified in paragraphs (a)(i) and (ii) of this section, and in this subsection, to any individual who performed the services in an educational institution while in the employ of an educational service agency and who has a reasonable assurance of continued employment with an educational service agency.� For purposes of this subsection, "educational service agency" means a governmental agency or governmental entity which is established and operated exclusively for the purpose of providing the services to one (1) or more educational institutions. With respect to services to which W.S. 27-3-105(a)(i) and (ii) applies, if the services are provided to or on behalf of an educational institution, benefits shall not be payable under the same circumstances and subject to the same terms and conditions as described in paragraphs (a)(i) and (ii) of this section and this subsection.

 

27-3-309.� Eligibility of aliens; standard of proof required.

 

(a)� Benefits shall not be payable on the basis of services performed by an alien unless the alien was lawfully admitted for permanent residence in the United States at the time the services were performed, was lawfully present for purposes of performing the services, or was permanently residing in the United States under color of law at the time the services were performed, pursuant to section 212(d)(5) of the Immigration and Nationality Act.

 

(b)� Information necessary to determine alien status for benefit eligibility shall be uniformly required of all benefit applicants. Determination of benefit eligibility under this section shall be by a preponderance of the evidence.

 

27-3-310.� Eligibility after receiving worker's compensation.

 

Notwithstanding requirements for the base period and other compensation factors provided under this act, an individual receiving compensation under the Wyoming Worker's Compensation Act for a continuous period of sickness or injury resulting in temporary total disability and otherwise eligible for benefits under this article may preserve unused wage credits for the four (4) completed calendar quarters immediately preceding the date identified as the date of injury under the Wyoming Worker's Compensation Act. Benefit rights shall not be preserved unless a benefit claim is filed within sixty (60) calendar days following the date notice is mailed to the claimant that he is no longer eligible to receive temporary total disability benefits pursuant to W.S. 27-14-404(c) and within the thirty-six (36) month period immediately following the date of injury.

 

27-3-311.� Disqualifications from entitlement; grounds; forfeiture.

 

(a)� An individual shall be disqualified from benefit entitlement beginning with the effective date of an otherwise valid claim or the week during which the failure occurred, until he has been employed in an employee-employer relationship and has earned at least eight (8) times the weekly benefit amount of his current claim for services after that date, if the department finds that he:

 

(i)� Left his most recent work voluntarily without good cause attributable directly to his employment, except:

 

(A)� For bona fide medical reasons involving his health;

 

(B)� If returning to approved training which meets the requirements of W.S. 27-3-307;

 

(C)� If forced to leave the most recent work as a result of being a victim of documented domestic violence; or

 

(D)� If unemployed as a result of relocation due to the transfer of the unemployed individual's spouse, either within or outside the state, from which it is impractical to commute to the place of employment, and upon arrival at the new residence, the individual is in all respects able and available for suitable work and registers for work with the department of workforce services or an equivalent agency of another state where the individual is residing. To qualify under this subparagraph, the individual shall be married to a member of the United States armed forces whose relocation is the result of an assignment on active duty as defined in 10 U.S.C. 101(d)(1), active guard or reserve duty as defined in 10 U.S.C. 101(d)(6), active duty pursuant to title 10 of the United States Code, or training or other duty performed by a member of the army national guard of the United States or the air national guard of the United States under section 316, 502, 503, 504 or 505 of title 32 of the United States Code.� Any benefits awarded under this subparagraph shall be noncharged benefits and shall not affect an employer's experience rating account.� This subparagraph is repealed effective July 1, 2018.

 

(ii)� Failed without good cause to apply for available suitable work;

 

(iii)� Failed without good cause to accept any offer of suitable work;

 

(iv)� Repealed by Laws 1983, Sp. Sess., ch. 2, � 3.

 

(v)� Following four (4) weeks of unemployment, failed to apply for or accept an offer of suitable work other than in his customary occupation offering at least fifty percent (50%) of the compensation of his previous insured work in his customary occupation; or

 

(vi)� Following twelve (12) weeks of unemployment, as a member of a labor organization fails to apply for or accept suitable nonunion work in his customary occupation.

 

(vii)� Repealed by Laws 2003, Ch. 73, � 2.

 

(b)� Repealed by Laws 1983, Sp. Sess., ch. 2, � 2.

 

(c)� Repealed by Laws 1993, ch. 19, � 2.

 

(d)� Repealed by Laws 1985, ch. 175, � 3.

 

(e)� Any person who knowingly files a claim for benefits which contains a false statement or misrepresentation of a material fact, as determined by the department, shall be disqualified from receiving benefits for a fifty-two (52) week period beginning the week in which the false statement or misrepresentation was made or� beginning the week following the date that notice of the overpayment is mailed to the person who filed the claim.

 

(f)� An individual shall be disqualified from benefit entitlement beginning with the effective date of an otherwise valid claim or the week during which the failure occurred, until he has been employed in an employee-employer relationship and has earned at least twelve (12) times the weekly benefit amount of his current claim for services after that date, if the department finds that he was discharged from his most recent work for misconduct connected with his work.

 

27-3-312.� Determination of suitable work.

 

(a)� In determining if work is suitable for purposes of W.S. 27-3-311(a), the department shall consider:

 

(i)� The risk involved to an individual's health, safety and morals;

 

(ii)� The individual's physical fitness;

 

(iii)� The length of unemployment of the individual;

 

(iv)� The prospects for securing local employment in the individual's customary occupation;

 

(v)� The distance of available employment from the individual's residence; and

 

(vi)� If the individual is capable of performing the work.

 

(b)� Notwithstanding any other provision of this act, work is not suitable if:

 

(i)� It is available because of a strike, lockout or other labor dispute;

 

(ii)� The wages, hours or other conditions are substantially less favorable for the individual than those prevailing for similar work within the locality; or

 

(iii)� An individual is required to join a company union or resign from or refrain from joining any bona fide labor organization as a condition for employment.

 

(c)� Repealed by Laws 1984, ch. 50, � 3.

 

27-3-313.� Other grounds for disqualification.

 

(a)� For any week with respect to which the following situations occur or payments have been or will be received, an individual shall be disqualified from benefit entitlement if:

 

(i)� Total or part total unemployment for any week is due to work stoppage resulting from a labor dispute on the employment premises at which he was last employed. This paragraph does not apply if the department finds the individual is not participating in, financing or directly interested in the labor dispute and is not a member of a grade or class of workers with members employed on the premises and participating in, financing or directly interested in the dispute. If separate types of work commonly conducted as separate businesses in separate premises are conducted in separate departments of the same premises, each department is a separate premises under this paragraph;

 

(ii)� Repealed By Laws 2003, Ch. 73, � 2.

 

(iii)� Unemployment benefits are applied for or received under law of another state or the federal government. This paragraph does not apply if the other state or the federal government determines the individual is not entitled to benefits or to benefits received under an agreement between this state and the federal government pursuant to law;

 

(iv)� Self-employed for profit in an independently established trade, occupation, profession or business for more than three (3) days in any week or net earnings from self-employment are in excess of the weekly benefit amount. If net earnings computed to the next lower multiple of one dollar ($1.00) are less than the weekly benefit amount, the individual is entitled to an amount reduced by the net earnings;

 

(v)� Retirement annuities, pensions or other payments are received from a base period employer or any trust or fund contributed to by a base period employer, and the individual made no contribution to the annuity, pension or other payment.� Lump sum payments of retirement annuities, pensions or other payments which are rolled over into other private funds and which are not deemed income by the internal revenue service shall not be deducted under this subsection. If the payments decreased to the next lower multiple of one dollar ($1.00) are less than the weekly benefit amount otherwise due under this article, the individual is entitled to benefits in an amount reduced by the payments.

 

(b)� Payments received under this section shall be allocated pursuant to the regulations of the commission.

 

(c)� The individual shall be disqualified from benefit entitlement during any week for which the individual has filed a claim for benefits and remuneration is received as a severance payment, termination allowance, sick pay or earned vacation.� If the remuneration decreased to the next lower multiple of one dollar ($1.00) is less than the weekly benefit amount, the amount of the payment shall be deducted from the amount of benefits the individual would otherwise be entitled to receive during that week.

 

27-3-314.� Extended benefit period; state "on" and "off" indicators; notice.

 

(a)� An extended benefit period begins with the third week following a week in which there is a state "on" indicator and ends with the third week after the first week in which there is a state "off" indicator or the thirteenth consecutive week of the extended benefit period, whichever occurs later. An extended benefit period may not begin until the fourteenth week following the end of a prior extended benefit period.

 

(b)� A state "on" indicator for a week exists if the insured unemployment rate under this act for that week and the preceding twelve (12) weeks is equal to or greater than one hundred twenty percent (120%) of the average rates for the corresponding thirteen (13) week period ending in each of the preceding two (2) calendar years and is equal to or greater than five percent (5%). A state "off" indicator for a week exists if either of the conditions for the existence of a state "on" indicator is not satisfied for that week and the preceding twelve (12) weeks. The insured unemployment rate under this subsection is the average weekly number of individuals filing unemployment claims for regular compensation in this state for the most recent thirteen (13) consecutive week period divided by the average monthly employment covered under this act for the first four (4) of the most recent six (6) completed calendar quarters ending before the end of the thirteen (13) week period. Computations required for the insured unemployment rate shall be made by the department in accordance with regulations of the United States secretary of labor.

 

(c)� The department shall provide prior public notice of the beginning and the end of an extended benefit period within this state.

 

27-3-315.� When individual deemed exhaustee; matters excluded from determination of regular benefits.

 

(a)� An individual is an exhaustee under this article for any week of unemployment in his eligibility period if he has:

 

(i)� Received prior to that week all regular benefits available to him under this article or any other state law in his applicable benefit year which includes that week; or

 

(ii)� Prior to that week and after cancellation of part or all of his wage credits or reduction of part or all of his regular benefit rights, received all regular benefits available to him under this article or any other state law in his applicable benefit year which includes that week; or

 

(iii)� Insufficient wages, employment or both, his benefit year ended prior to that week and he is eligible for a new benefit year in any state which includes that week or, having established a new benefit year which includes that week, he is not eligible for regular benefits under W.S. 27-3-306(d) or similar provisions of other state laws meeting the requirement of 26 U.S.C. � 3304(a)(7); and

 

(iv)� No unemployment benefit or allowance rights under 45 U.S.C. � 351 et seq., 19 U.S.C. � 1801 et seq. or other federal laws specified under regulation of the United States secretary of labor; and

 

(v)� Not received or claimed unemployment benefits for that week under unemployment compensation laws of the Virgin Islands or Canada unless determined ineligible for these benefits.

 

(b)� An individual shall have received all regular benefits under paragraphs (a)(i) and (ii) of this section regardless of:

 

(i)� Any pending appeal for wages or employment not included in the original regular benefit amount for his current benefit year which may entitle him to additional regular benefits;

 

(ii)� Any seasonal provision of another state law disqualifying him from regular benefits for that week of unemployment although he may be entitled to future benefits in the next season or off-season in his applicable benefit year, and he is otherwise an exhaustee under this section for regular benefits under state law seasonal provisions during the season or off-season in which that week of unemployment occurs; or

 

(iii)� Any disqualification cancelling his wage credits or reducing all rights to regular benefits for his established benefit year.

 

27-3-316.� Applicability of regular claim and payment provisions to extended benefits; determination of amount.

 

(a)� Except as otherwise provided by this article and regulation of the commission, regular benefit claim and payment provisions of this act apply to extended benefits.

 

(b)� An eligible individual's weekly extended benefit amount for a week of total unemployment in his eligibility period is equal to his weekly benefit amount payable during the applicable benefit year except as hereafter provided:

 

(i)� If the amount of extended benefits reimbursed by the federal government under the federal-state extended unemployment compensation act is reduced or increased, then an eligible claimant's weekly and potential maximum extended benefit amount shall be similarly reduced or increased by an amount sufficient to assure that the federal government and the state of Wyoming share the cost on an equal basis.� The reduced weekly extended benefit amount, if not a full dollar amount, shall be rounded to the next lower multiple of one dollar ($1.00);

 

(ii)� The provisions in W.S. 27-3-509(c) which determine the reimbursable rate of certain employers shall not be affected by paragraph (i) of this subsection.

 

(c)� An eligible individual's total extended benefit amount for his applicable benefit year is the lesser of:

 

(i)� Fifty percent (50%) of his total amount of regular benefits under this article in the applicable benefit year; or

 

(ii)� Thirteen (13) times his weekly benefit amount under this article for a week of total unemployment in the applicable benefit year.� A reduction in an eligible claimant's weekly and potential maximum extended benefit amount, resulting from the application of paragraph (b)(i) of this section, will not increase the number of weeks of extended benefit entitlement beyond that specified in paragraphs (i) and (ii) of this subsection.

 

(d)� Notwithstanding any other provision of this act and if the benefit year of an individual ends within an extended benefit period, the remaining balance of extended benefits the individual is otherwise entitled to receive in that extended benefit period for unemployment beginning after the end of the benefit year shall be reduced by the product of the number of weeks he received an amount as trade readjustment allowances within that benefit year multiplied by his weekly extended benefit amount. Extended benefits shall not be reduced below zero by reason of this subsection.

 

27-3-317.� Eligibility for extended benefits; exceptions; qualifications.

 

(a)� An individual is eligible for extended benefits under this article for any week of unemployment in his eligibility period if for that week he qualifies as an exhaustee under W.S. 27-3-315 and meets regular benefit eligibility requirements of this article.

 

(b)� Except as provided in subsection (a) of this section, an individual is not eligible for extended benefits for any week if, pursuant to an interstate claim filed in any state under the interstate benefit payment plan, no extended benefit period is effective that week for that state. This subsection does not apply to the first two (2) weeks that extended benefits are payable to an individual from his extended benefit account for that benefit year pursuant to an interstate claim filed under the interstate benefit payment plan.

 

(c)� An individual not eligible for extended benefits because of failure to comply with the actively seeking work requirements of subsection (d) of this section shall be denied extended benefits until employed in an employee-employer relationship for four (4) weeks beginning the first day of the week following the week in which the failure occurred and wages of not less than four (4) times the extended weekly benefit amount are earned.

 

(d)� For purposes of extended benefit eligibility, an individual is actively seeking work under W.S. 27-3-306(a)(iii) for any week if he:

 

(i)� Has engaged in a systematic and sustained effort to obtain work during the week; and

 

(ii)� Furnishes the department with tangible evidence of his effort for that week.

 

(e)� Notwithstanding W.S. 27-3-312(a), suitable work for extended benefit eligibility purposes shall pay gross average weekly wages for work within an individual's capabilities that:

 

(i)� Exceed the individual's weekly benefit amount under W.S. 27-3-316(b) plus any supplemental unemployment benefits received under 26 U.S.C. � 501(c)(17)(D) for that week; and

 

(ii)� Are not less than the higher of the minimum wage pursuant to 29 U.S.C. � 206(a)(1) excluding any exemptions or the applicable state or local minimum wage.

 

(f)� An individual shall not be denied extended benefits for failure to accept an offer of or apply for suitable work meeting the criteria of subsection (e) of this section if:

 

(i)� It is not offered in writing or not listed with the state employment service; or

 

(ii)� The failure is not a denial of regular benefits under W.S. 27-3-312(a) to the extent the criteria of suitability are consistent with subsection (c) of this section; or

 

(iii)� He furnishes satisfactory evidence to the department of good employment prospects in his customary occupation within a reasonably short time, in which case the determination of suitable work shall be made in accordance with W.S. 27-3-312(a).

 

(g)� An individual disqualified from benefit entitlement under W.S. 27-3-311 shall be denied extended benefits until requalified as follows:

 

(i)� If disqualified from benefit entitlement under W.S. 27-3-311(a)(i), (ii) or (iii), the individual shall be employed in an employee-employer relationship for not less than twelve (12) weeks, whether or not consecutive, following the date of disqualification and have earned wages of not less than twelve (12) times his weekly benefit amount for this employment; or

 

(ii)� If disqualified from benefit entitlement under W.S. 27-3-311(f), the individual shall be employed in an employee-employer relationship for not less than four (4) weeks, whether or not consecutive, following the date of disqualification and have earned wages of not less than four (4) times his weekly benefit amount for this employment; and

 

(iii)� In no event shall an individual receive extended benefits during a period in which he is disqualified from benefit entitlement.

 

(h)� For purposes of extended benefit eligibility and notwithstanding W.S. 27-3-306(d)(iii), earned wages for insured work shall be at least one and five-tenths (1.5) times the high quarter earnings in his base period.

 

(j)� Subsections (c) through (g) of this section shall not apply to weeks of unemployment beginning after March 6, 1993, and before January 1, 1995.

 

27-3-318.� Payment of benefits accrued by deceased.

 

The department may pay benefits accrued under this article by a deceased individual to his surviving spouse, children or parents without letters testamentary or letters of administration.

 

27-3-319.� Waiver agreements void; exception; assignments void; exemption from levy.

 

(a)� Except as provided by W.S. 27-3-305, 27-3-320 and 27-3-321, any agreement to waive, release or commute benefit rights or any other rights under this act is void and any agreement by any employed individual to pay any portion of an employer's contribution required by this act is void.

 

(b)� Except as provided by W.S. 27-3-305, 27-3-320 and 27-3-321, the assignment, transfer, pledge or encumbrance of benefit rights under this act is void.

 

(c)� Benefit rights are exempt from levy, execution, attachment or other debt collection remedy. Benefits received by an individual under this act and not combined with other funds of the recipient are exempt from debt collection remedies except those incurred for necessities furnished to the individual, his spouse or dependents during his unemployment. A waiver of exemptions provided by this subsection is void.

 

27-3-320.� Benefit withholding for federal income taxes; department notification; procedure; withholding status election.

 

(a)� The department shall at the time of filing, advise an individual filing an initial claim for benefits payable under this act that:

 

(i)� Benefits are subject to federal income tax;

 

(ii)� Estimated federal income tax payments are required by the federal internal revenue service;

 

(iii)� Effective January 1, 1997 and each year thereafter, federal income tax may be deducted and withheld from benefits at the amount specified by federal law upon election by the individual; and

 

(iv)� Previously elected federal income tax withholding status under this section may be changed once during any one (1) benefit year.

 

(b)� Effective January 1, 1997 and each year thereafter and upon request by an individual filing an initial claim for benefits payable under this act, the department shall, subject to subsection (d) of this section, deduct and withhold federal income tax from benefits payable to the individual in the amount specified by federal law and in accordance with procedures specified by the United States department of labor and the internal revenue service.� Amounts deducted and withheld pursuant to this section shall remain in the fund until transferred to the internal revenue service as payment of federal income tax.

 

(c)� The department shall by rule and regulation establish procedures for administering this section and shall permit an individual to change his withholding status once during each benefit year.

 

(d)� Amounts shall not be deducted and withheld under this section until amounts are deducted and withheld for any overpayment, child support obligation or any other amount required or allowed to be deducted and withheld under this act.

 

27-3-321.� Disclosure of food stamp overissuance required; notification; amount withheld; payment; applicability of provisions.

 

(a)� An individual filing a new claim for unemployment compensation shall, at the time of filing such claim, disclose whether or not he owes an uncollected overissuance of food stamp coupons as defined in section 13(c)(1) of the Food Stamp Act of 1977. The department shall notify the department of family services of any individual who discloses that he owes an uncollected overissuance and who is determined to be eligible for unemployment compensation.

 

(b)� The department shall deduct and withhold from any unemployment compensation payable to an individual who owes an uncollected overissuance of food stamps:

 

(i)� The amount specified by the individual to the department to be deducted and withheld under this section;

 

(ii)� The amount determined pursuant to an agreement� under section 13(c)(3)(A) of the Food Stamp Act of 1977 and submitted to the department of family services; or

 

(iii)� Any amount otherwise required to be deducted and withheld from unemployment compensation pursuant to section 13(c)(3)(B) of the Food Stamp Act of 1977, whichever is greater.

 

(c)� Any amount deducted and withheld under this section shall be paid by the department to the department of family services.

 

(d)� Any amount deducted and withheld under subsection (b) of this section shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by the individual to the department of family services as repayment of the individual's uncollected overissuance.

 

(e)� For purposes of this section, the term "unemployment compensation" means any benefits payable under this act and any amounts payable by the department pursuant to an agreement under any federal law providing for compensation, assistance or allowances with respect to unemployment.

 

(f)� This section applies only if arrangements have been made for reimbursement by the department of family services for the administrative costs incurred by the department under this section which are attributable to the repayment of uncollected overissuances to the department of family services.

 

ARTICLE 4 - BENEFIT CLAIMS

 

27-3-401.� Filing and posting.

 

(a)� Benefit claims shall be filed in accordance with regulations of the commission.

 

(b)� Employers shall post information on benefit rights in locations accessible to employed individuals.� Copies of regulations and information on benefit rights shall be supplied by the department at no cost.

 

27-3-402.� Determination; generally; referral to special examiner; redetermination; notice; appeal.

 

(a)� Determination of a claim filed pursuant to W.S. 27-3-401(a) shall be made promptly by a deputy designated by the department. If a claim is denied, the determination shall state the reasons for denial. Except as provided by subsection (c) of this section, a determination is final unless a party entitled to notice applies for redetermination or appeals the determination within fifteen (15) days after notice is mailed to his last known address of record.

 

(b)� Repealed By Laws 1999, ch. 73, � 3.

 

(c)� A monetary determination at the beginning of a benefit year shall specify if the claimant earned wages in amounts required by W.S. 27-3-306(d) and, if so, the first day of the benefit year, his weekly benefit amount and the maximum total amount of benefits payable for the benefit year.� The deputy may reconsider a monetary determination if he finds an error in computation or identity, or discovers wages of the claimant relevant to but not considered in the determination.� A monetary determination is final unless a party entitled to notice files a timely protest provided, however, that the department in its discretion may make a monetary redetermination at any time prior to the end of the benefit year whether or not a party has filed a timely protest.

 

(d)� Notice of a determination shall be mailed promptly to the claimant at his last known address of record. Notice of a determination involving application of W.S. 27-3-308, 27-3-311(a)(i) and (f) and 27-3-313(a)(i), together with reasons, shall be given to the last employing unit of the claimant at the last known address of record of the employing unit or, if the address is unavailable, the best available address.� Notices shall be mailed to all base period employers at the address of record.

 

(e)� The claimant or any other party entitled to notice of a determination may appeal the determination to an appeal tribunal. The appeal shall be filed with the tribunal within fifteen (15) days after notice is mailed to the last known address of record of the interested party.

 

27-3-403.� Determination; disputed claims; hearing; decision; notice.

 

(a)� The commission shall appoint an impartial appeal tribunal to hear and decide disputed claims. The tribunal shall be a salaried examiner or a body consisting of three (3) members, one (1) a salaried examiner serving as chairman, one (1) a representative of employers and one (1) a representative of employees. The representatives of employers and employees shall serve at the pleasure of the commission and shall receive not more than ten dollars ($10.00) per day of service plus necessary expenses. No person shall serve or participate on behalf of the commission if he is an interested party to the proceeding. The commission may designate an alternate to serve in the absence or disqualification of a member of an appeal tribunal. The chairman shall act alone in the absence or disqualification of any member. A hearing shall not proceed unless the chairman is present.

 

(b)� After providing interested parties notice of and reasonable opportunity for hearing, the appeal tribunal shall make findings and conclusions and shall render a decision to affirm, modify or reverse a determination. If an appeal involves a question of services performed by a claimant in employment or for an employer, the tribunal shall give special notice of the issue and the pendency of the appeal to the employing unit and to the commission. After notice, both are parties to the proceeding and shall be given opportunity to offer evidence bearing on the question.

 

(c)� Notice of the tribunal's decision shall be given promptly to the interested party by delivery or by mail to his last known address of record. The notice shall include a copy of the decision and the findings and conclusions in support of the decision. The decision is final unless further review is initiated pursuant to W.S. 27-3-404.

 

27-3-404.� Determination; review by commission; disposition; notice; reconsideration.

 

(a)� The commission may within fifteen (15) days after notice is mailed or delivered:

 

(i)� Review a decision of an appeal tribunal;

 

(ii)� Review a determination of a special examiner; or

 

(iii)� Grant an appeal from a decision upon application filed by any party entitled to notice. An appeal shall be granted if a decision is not unanimous or if a determination is not affirmed by the appeal tribunal.

 

(b)� Upon review or appeal and based on evidence previously submitted or upon additional evidence it may direct be taken, the commission may affirm, modify or reverse the findings and conclusions of the appeal tribunal. Proceedings before an appeal tribunal may be removed to the commission or transferred to another tribunal. A proceeding removed to the commission prior to completion of the hearing shall be heard by the commission in accordance with requirements for tribunal proceedings.

 

(c)� The commission shall promptly notify parties to a proceeding of its decision including findings and conclusions. The decision is final unless judicial review is initiated pursuant to this article. A denial of an appeal by the commission is subject to judicial review. Review shall be initiated within the prescribed time beginning from the date notice of the denial is mailed or delivered.

 

(d)� Subject to limitations prescribed under W.S. 27-3-402(c), the commission may reconsider a determination provided by a final decision of an appeal tribunal and may apply to the tribunal for a revised decision.

 

27-3-405.� Conduct of hearing or appeal; consolidation of claims; record; witness expenses.

 

(a)� A hearing or appeal before a tribunal under this article shall be conducted in accordance with the Wyoming Administrative Procedure Act.

 

(b)� Hearings on claims by more than one (1) individual or on claims by an individual for two (2) or more weeks of unemployment may be consolidated for purposes of adjudication if there is substantially similar evidence and the examiner or tribunal with jurisdiction determines the consolidation is not prejudicial to any party.

 

(c)� A record shall be kept of all testimony and proceedings before a special examiner or an appeal tribunal.� Records shall be maintained under this subsection until final disposition of the matter.

 

(d)� Witnesses subpoenaed pursuant to this act shall be reimbursed at a rate determined by the commission. The commission may refuse reimbursement to any employer who after notice fails to voluntarily appear for any determination of liability. Expenses of witnesses subpoenaed on behalf of the commission or any claimant are part of the expense of administering this act.

 

27-3-406.� Determinations deemed conclusive; matters of law binding; limiting actions.

 

(a)� Except for reconsideration pursuant to W.S. 27-3-402(c) and 27-3-404(d), a right, fact or matter in issue adjudicated in a final determination, redetermination or decision on appeal under this article is conclusive for purposes of this act. Subject to appeal proceedings and judicial review and regardless of notice, a determination, redetermination or decision on benefit rights is not subject to collateral attack by an employing unit.

 

(b)� Unless expressly or impliedly overruled by the commission or a court of competent jurisdiction, principles of law adjudicated under a final decision of the commission or an appeal tribunal are binding on the commission, a special examiner and an appeal tribunal in proceedings involving similar questions of law.

 

(c)� Any determination, redetermination, finding of fact, conclusion of law, order, decision or final judgment entered or made by a deputy, appeal tribunal, special examiner, the department, the commission or a court of competent jurisdiction pursuant to this act or the rules and regulations of the commission is binding only between the department and all adverse parties thereto, and is not binding, conclusive or admissible in any separate or subsequent action or proceeding between an individual and employing unit previously subject to this act, regardless of whether the prior action before the department or commission was between the same or related parties or involved the same facts.

 

(d)� Any determination, finding of fact, conclusion of law, order, decision or final judgment, not made or entered by the department or commission, is not binding upon the department when administering this act except when the department or commission was a party to an action or proceeding brought in a court of competent jurisdiction of this state or of the United States.

 

27-3-407.� Right to judicial review; appeal to supreme court; entry of order by commission.

 

(a)� Any person aggrieved or adversely affected by a final decision under this act may obtain judicial review by filing a petition for review with the district court of jurisdiction. Review by the court shall be as provided by the Wyoming Administrative Procedure Act and shall be given precedence over all other civil cases except those under the Wyoming Worker's Compensation Act.

 

(b)� A decision of the district court may be appealed to the supreme court. The appeal shall be taken in the same manner as other civil cases.

 

(c)� Exceptions to the ruling of the commission and posting of bond are not required to initiate a proceeding for judicial review or to enter an appeal from the decision of the court. The commission shall enter an order in accordance with the court decision.

 

27-3-408.� Right of department and commission to notice and representation; fees; access to records.

 

(a)� The department and commission shall be treated as one (1) party entitled to notice in any proceeding before a special examiner, an appeal tribunal or a court of appeal. In any proceeding for judicial review under W.S. 27-3-407, the department and commission may be represented by a qualified attorney employed pursuant to W.S. 27-3-609.

 

(b)� A claimant shall not be assessed fees for proceedings under this act by the department, commission or the court. The claimant may be represented by counsel or other authorized agent at the claimant's expense.

 

(c)� Records of the department are open to inspection by the claimant, the employer or their legal representatives to the extent necessary to present or contest a claim or appeal in any proceeding under this act.

 

27-3-409.� Payment of benefits upon determination; repayment of overpaid benefits; penalty.

 

(a)� Benefits shall be paid in accordance with a determination, redetermination or decision until modified or reversed by a subsequent or pending redetermination or decision. A proceeding for judicial review under this article shall not operate as a supersedeas or stay nor shall the commission or the court issue an injunction, supersedeas, stay or other writ or process suspending the payment of benefits. If a determination, redetermination or decision is reversed or modified, an employer's account shall not be charged for benefits paid under an erroneous determination and benefits shall be paid or denied in accordance with the modifying or reversing redetermination or decision.

 

(b)� An individual receiving benefits under this act to which he is not entitled shall be liable for and repay� the benefit.� Repayment of the benefits shall be had by any combination of recoupment, recovery by civil action or voluntary reimbursement agreement:

 

(i)� The department in its discretion, may recoup the benefit amount liable to be repaid by offsetting, without civil action, against future benefits payable to the individual under this act within five (5) years from the effective date of the claim resulting in the overpayment if the claim was not fraudulent.� If the claim resulting in the overpayment was fraudulent, the five (5) year limit on recoupment shall not apply.� The department shall waive recoupment if an individual is without fault in receiving the benefits and it defeats the purpose of this act or is against equity and good conscience as considered by the department in accordance with regulations of the commission;

 

(ii)� The department may also recover overpaid benefits from an individual by civil action brought in the name of the department;

 

(iii)� The department in its discretion, without civil action, may accept repayment of overpaid benefits by reimbursement from an individual pursuant to a payment schedule approved by the department.

 

(c)� The department may recoup or recover overpayment of benefits to any individual under another state law if a state certifies to the department the facts involved, the overpaid individual is liable for repayment of benefits and the state requests the department to do so.� Repayment either by recoupment or recovery shall be had pursuant to subsection (b) of this section.� Repayment shall be equal to the amount of overpayment determined by the requesting state.

 

(d)� Any overpayment of benefits fraudulently received shall be assessed a penalty equal to five percent (5%) of the amount of overpayment and an additional five percent (5%) penalty on the remaining unpaid balance at the end of every six (6) months. Amounts collected pursuant to this subsection shall be paid into the employment security revenue account.� The department shall utilize the collected amounts for administrative costs of overpayment collection, fraud investigation, developing and providing educational programs for this act. Offset shall not be used to recover amounts due under this section.

 

(e)� The department shall cancel the amount of overpayment or penalty due on any overpayment when:

 

(i)� The individual is deceased with no estate or the estate is closed and all assets are distributed; or

 

(ii)� The individual is adjudicated insolvent by a court of competent jurisdiction with no remaining assets.

 

(f)� The department may cancel the amount of overpayments or penalty due on any overpayment after eight (8) years from the effective date of the claim resulting in the overpayment when:

 

(i)� The individual cannot be located;

 

(ii)� The individual is totally unable to work; or

 

(iii)� The department's records show the individual earned covered wages of less than one-half (1/2) the average weekly wage within Wyoming in the most recent calendar year.

 

ARTICLE 5 - EMPLOYER CONTRIBUTIONS

 

27-3-501.� Definitions.

 

(a)� As used in this article:

 

(i)� "Benefit ratio" means the quotient of total benefits charged to an employer's account and paid during the preceding experience period divided by total taxable wages payable by the employer for that experience period excluding any portion of wages for which contributions were not paid as of July 31 of the preceding calendar year;

 

(ii)� "Experience period" means the thirty-six (36) consecutive month period or, in the case of a new employer not previously subject to this act the twenty-four (24) consecutive month period, ending June 30 of the preceding year;

 

(iii)� "Ineffectively charged benefits" means benefits charged to an employer's experience rating account after benefits previously charged to his account qualified him for the maximum rate of contributions;

 

(iv)� "Noncharged benefits" means benefits not charged to an employer's experience rating account pursuant to W.S. 27-3-504(e) and 27-3-608(b);

 

(v)� "Nonprofit organization" means an organization defined by 26 U.S.C. 501(c)(3) and exempt from federal income tax under 26 U.S.C. 501(a);

 

(vi)� "Organization" means a hospital, institution of higher education, this state or any political subdivision, an Indian tribe as defined under section 3306 of the federal Unemployment Tax Act and a group of organizations established pursuant to regulations of the commission for purposes of joint accounts, employing services qualifying as employment under W.S. 27-3-105(a)(i);

 

(vii)� "Client" means any entity that utilizes one (1) or more workers that have been contracted for and supplied by a service supplier.� The client has the right to control the manner and means of the workers performing services for it;

 

(viii)� "Service supplier" means any entity that is primarily engaged in the business of contracting with the client to provide one (1) or more workers to perform services for the client and performs all of the following functions:

 

(A)� Assigns the worker to perform services for the client;

 

(B)� Sets the rate of pay of the worker, whether or not through negotiations;

 

(C)� Pays the worker directly;

 

(D)� Retains the authority to assign or refuse to assign a worker to other clients if the worker is unacceptable to a specific client;

 

(E)� Determines assignments of workers even though the worker may retain the right to refuse specific assignments;

 

(F)� Negotiates with the client on matters of time, place, type of work, working conditions, quality and price of the service.

 

(ix)� "Temporary service contractor" means any individual, firm, association, partnership, limited liability company, corporation or other type of organization conducting a business that employs individuals directly for the purpose of furnishing services of the employed individuals on a temporary basis to others.� "Temporary service contract" does not include a service supplier as defined in paragraph (viii) of this subsection;

 

(x)� "Temporary worker" means a worker whose services are furnished to another employer on a temporary basis to substitute for a permanent employee on leave or to meet an emergency or short-term workload need.� "Temporary worker" does not include a person working for a service supplier as defined in paragraph (viii) of this subsection;

 

(xi)� For purposes of W.S. 27-3-507 and 27-3-706, "person" means an individual or entity, including any partnership, association, trust, estate, corporation, limited liability company, domestic or foreign insurance company or corporation, a receiver, trustee in bankruptcy, trustee, successor or the legal representative of a deceased person.

 

27-3-502.� Determination of employer and employment; election of coverage; records and reports; injunction; service suppliers.

 

(a)� Upon its own motion or application of an employing unit and after notice and opportunity for hearing, the department may determine if an employing unit is an employer and if services performed for the employing unit qualify as employment. The department shall consider employment occurring during a ten (10) year period preceding the date of employer determination. A determination by the department is final as to the employing unit fifteen (15) days after mailing its findings and determination to the employing unit. The employing unit may appeal a determination in accordance with W.S. 27-3-506.

 

(b)� Except as provided by subsection (d) of this section, an employing unit qualifying as an employer within any year is subject to this act for that entire calendar year.

 

(c)� An employer enumerated under this subsection may apply in writing to the department before January 31 for termination of coverage under this act for that calendar year. The department may waive the application filing requirement for good cause.� Employers to which this subsection applies include:

 

(i)� Repealed By Laws 1999, ch. 73, � 3.

 

(ii)� An agricultural employer paying wages of less than twenty thousand dollars ($20,000.00) each quarter during the preceding calendar year or employing less than ten (10) workers on any day of twenty (20) or more different weeks within a calendar year;

 

(iii)� A domestic employer paying wages of less than one thousand dollars ($1,000.00) in each quarter of the preceding calendar year;

 

(iv)� A nonprofit organization paying wages for less than four (4) individuals or for less than twenty (20) weeks in the preceding year.

 

(d)� An employing unit not qualifying as an employer or for which services not qualifying as employment are performed may elect coverage under this act for a period of not less than two (2) years by filing written notice of its election with the department. If the department approves the election in writing, coverage is effective on the date of approval. Application for termination of coverage as an employer under this subsection shall be filed in writing with the department not less than thirty (30) days before January 1 of any year following the initial two (2) years of coverage and for termination of coverage of employment, not less than thirty (30) days after January 1. The department may terminate coverage under this subsection for good cause by giving notice to the employer.

 

(e)� An employing unit shall maintain accurate employment records containing information prescribed by the commission. Records shall be open to inspection by and submitted to the department upon request. An employing unit shall submit reports on employees upon request of the department or an appeal tribunal.

 

(f)� Any employing unit subject to this act shall not commence business or engage in work within this state without registering under this act and otherwise complying with this act.� A prime or general contractor subcontracting any part of a contract shall require notification and compliance by any subcontractor under this subsection before awarding a contract or permitting a subcontractor to begin work.� The state, a county, municipality or any other political subdivision shall require the prime or general contractor to register and comply with this act before authorizing the contractor to begin work under any public contract.� The secretary of state shall report to the department the names and addresses of all business entities registering with that agency during the preceding month.� The Wyoming department of transportation and the department of administration and information shall report to the department the names and addresses of business entities awarded a contract by that agency during the preceding month.� Any employing unit failing to comply with this subsection or W.S. 27-3-510(c) or (d) or delinquent for filing reports or paying contributions required under this act may be enjoined by the department from engaging or continuing in business subject to this act until required reports are filed or payments are made and the unit otherwise complies with this act.� All costs of the action including a reasonable attorney fee shall be paid by the employing unit against which the injunction is sought. In addition to the penalties and remedies provided by W.S. 27-3-510 through 27-3-512 and 27-3-704, the department may assess and collect an additional fee of up to three (3) times the amount of delinquent contributions payable under this act for any employing unit failing to comply with this subsection.� This additional fee is part of the payment due for all purposes if an action is instituted under this subsection.� If the employing unit is a subcontractor, the general contractor or the project owner may be held liable for payment of the contributions and any additional assessment due.

 

(g)� Notwithstanding any other provisions of this act:

 

(i)� A service supplier is the employing unit of the worker provided to the client and shall be liable to pay the contributions on wages paid by it to the worker performing services for the client;

 

(ii)� If an entity is not a service supplier as defined by W.S. 27-3-501(a)(viii) or if the client pays wages to the worker directly, then the client is the employing unit of the worker and shall be liable to pay the contributions on wages paid by it to the worker performing services for the client;

 

(iii)� Notwithstanding the foregoing, if an entity pays the worker and that entity is not the employing unit of the worker as determined herein, that entity is deemed the agent of the employing unit so determined;

 

(iv)� If the service supplier fails to pay all contributions or submit required reports which are due, then the client shall be jointly and severally liable for those which are attributable to wages for services performed for the client by the worker provided by the service supplier;

 

(v)� The service supplier shall keep separate records, submit a list of all clients to the department on a quarterly basis and submit separate quarterly reports for each client;

 

(vi)� Repealed By Laws 2007, Ch. 177, � 2.

 

(vii)� A temporary service contractor is the employing unit of the temporary worker provided to an employer and shall be liable to pay the contributions on wages paid by the temporary service contractor to the temporary worker performing services for the employer.

 

(h)� If an employing unit fails to comply with an injunction order issued under subsection (f) of this section, the department may file with the district court of the county in which the employing unit resides, conducts business or may be found, a verified application showing that the employing unit received notice of an injunction order and has failed to comply with its terms.� Upon receipt of the department's application, the court shall provide the employing unit with an opportunity for a hearing within twenty (20) days. Upon finding that the employing unit has violated the department's injunction, the court may issue an order directing the employing unit, including any partners or corporate officers, to comply with the injunction order and may assess a fine of up to one thousand dollars ($1,000.00) per day for each day of violation. Any officer or director having at least twenty percent (20%) ownership interest of a corporate employing unit, who controls or supervises filing contribution reports or making payment contributions under this act and who willfully fails to file the reports or make required payments, may be held jointly and severally liable for the contributions and interest due from the employing unit.� In any court proceeding for the enforcement of an injunction order, the department shall not be required to show that it lacks adequate legal remedy or is suffering irreparable harm due to the violation of the injunction order. Any employing unit failing to comply with an order of the court issued under this subsection may be cited for contempt.

 

27-3-503.� Payment; base rate; failure to pay; rate variations; benefit ratio; new employer rate; special reserve rate.

 

(a)� Employment wage contributions imposed under this section are payable by employers subject to this act. Contributions shall be paid to the department for the fund in accordance with regulations of the commission and shall not be deducted from employee wages.

 

(b)� Except as otherwise provided by law, the base rate of contributions assigned to any employer is eight and one-half percent (8.5%) for 1988 and each calendar year thereafter subject to rate variations under subsections (d) and (f) of this section in addition to the adjustment factors computed under W.S. 27-3-505. Except as hereafter provided, a contributing employer failing to pay all contributions, interest and penalties or to submit all quarterly contribution reports due on his account or any account assumed under W.S. 27-3-507 on or before September 30 preceding the effective date of his assigned rate shall be assigned a delinquent rate which shall include a two percent (2%) tax rate increase in his base rate and shall also include in addition thereto the adjustment factors for the next calendar year beginning January 1. The delinquent rate shall not exceed the maximum assignable rate. The delinquent rate shall continue to be assigned through and including the calendar quarter in which the delinquent employer satisfies his delinquent account by paying all contributions, interest and penalties due and submitting all contribution reports due. Upon satisfaction of the delinquent account, the contributing employer shall be assigned the contribution rate otherwise applicable under this article beginning the next full calendar quarter. Provided however, that a delinquent employer shall pay an assigned delinquent rate for at least the first quarter even if the account is satisfied before January 1 of the new calendar year.

 

(c)� Upon reviewing the account of a delinquent employer, the department may collect up to double the tax due plus interest in lieu of the delinquency rate if it finds that:

 

(i)� The delinquency and interest is less than two hundred dollars ($200.00);

 

(ii)� After notice of the changed rate, the employer protested his delinquency tax rate in writing to the department pursuant to W.S. 27-3-506(b); and

 

(iii)� The delinquent contributions and interest are paid by December 31 preceding the calendar year for which the delinquent rate has been assigned.

 

(d)� Rate variations from the base rate of contributions based upon the employer's benefit ratio shall be assigned to eligible employers each calendar year.

 

(e)� Benefit ratios shall be computed for those employers whose accounts have been chargeable for benefits throughout the employer's experience period. An employer's benefit ratio shall be the contribution rate provided his rate is not more than eight and one-half percent (8.5%) in addition to the adjustment factors computed under W.S. 27-3-505. Benefit ratios shall be computed to the fourth decimal on the basis of the experience period preceding the calculation date of the rate.

 

(f)� Any new employer not previously subject to this act or having no established experience period shall pay contributions at a rate equal to the average rate of contributions paid by his major industrial classification for the calendar year preceding the year in which he first employed workers in this state in addition to the adjustment factors computed under W.S. 27-3-505. In no case, however, will any new employer be assigned a rate of less than one percent (1%), plus the adjustment factors computed under W.S. 27-3-505. This rate shall be adjusted annually and the rate shall remain in effect until the employer has established an experience period in accordance with this article. The commission shall by rule and regulation develop the major industrial classifications for the state and the department shall annually determine the contribution rate for each classification based upon contributions paid during the preceding calendar year.

 

(g)� Repealed by Laws 2003, Ch. 123, � 3.

 

(h)� Any employer subject to this act solely due to having met the liability requirements under W.S. 27-3-105(a)(ii), 27-3-107(c) or (g) for the first time during the preceding calendar year shall be exempt from the delinquent rate provisions in subsection (b) of this section for the subsequent year, provided the employer has submitted all reports and contributions by April 30 of the subsequent year.

 

(j)� Notwithstanding subsection (b) of this section, upon full satisfaction of an employer's delinquent account and at the written request of the employer, the department may, for good cause shown, reduce or eliminate the additional amounts payable as a result of the two percent (2%) delinquency rate.

 

27-3-504.� Separate employer's accounts; charging of accounts; when accounts not charged.

 

(a)� Separate accounts shall be maintained for each employer and benefits paid to an individual shall be charged to the account of his base period employer.

 

(b)� If an individual is employed by two (2) or more employers during his base period, the base period employer's account shall be charged an amount bearing the same ratio to total benefits paid to the individual as the amount of wages payable by the employer bears to total wages payable by all employers during the individual's base period.

 

(c)� Benefits paid to an individual by this state pursuant to a wage-combining arrangement under W.S. 27-3-608(b) and attributable in part to wages and employment covered by this act shall be charged in accordance with this section to the account of that individual's base period employer. If, however, the benefits are paid by another state, the amount chargeable to employers in this state for whom the individual was previously employed, shall be the amount reimbursed by this state to the paying state. The amount chargeable to employers in this state shall be an amount bearing the same ratio of total wages payable by all employers in this state during the individual's base period.

 

(d)� If extended benefits are paid under W.S. 27-3-314 to an individual employed during his base period by an organization defined under W.S. 27-3-501(a)(vi) and the organization is subject to W.S. 27-3-503, one-half (1/2) of the extended benefits attributable to employment by the organization shall be charged to its account.

 

(e)� Benefits shall not be charged to an employer's account if:

 

(i)� They are paid in error;

 

(ii)� The individual receiving benefits voluntarily leaves work without good cause attributable to employment or was discharged from employment for misconduct in connection with this work, provided however, that chargeability of an employer's account for benefits paid to a claimant in a particular benefit year shall be based solely on the last separation that occurred before the filing of the claimant's claim for which the claimant is monetarily eligible and shall not be affected by a separation that occurs after the filing of the initial claim and during the benefit year;

 

(iii)� Repealed by Laws 1984, ch. 50, � 3.

 

(iv)� The base period employer provided part-time employment and during the individual's current benefit year provides the same number of hours and wages provided during the base period. If the hours or wages are reduced during the current benefit year or the individual is terminated from part-time employment for reasons other than those specified under paragraph (ii) of this subsection, the employer's account shall be charged pursuant to this section;

 

(v)� They are paid for an extended benefit period pursuant to W.S. 27-3-314, except as provided by subsection (d) of this section;

 

(vi)� An individual receives benefits under this act for unemployment resulting directly from a major disaster declared by the United States President under 42 U.S.C. � 5122(2) and the individual is otherwise eligible for federal disaster unemployment assistance;

 

(vii)� The individual receiving benefits is enrolled in an approved program pursuant to W.S. 27-3-307;

 

(viii)� An individual receives benefits under this act for unemployment resulting directly from the reinstatement of another employee upon that employee's completion of service in the uniformed services, as provided in W.S. 19-11-103(a)(ix) and 38 U.S.C. 4303(13).

 

(f)� Repealed by Laws 1989, ch. 222, �� 2, 3.

 

27-3-505.� Adjustment for noncharged and ineffectively charged benefits; adjustment for positive and negative fund balance; computations; exception; maximum rate.

 

(a)� An adjustment factor for noncharged and ineffectively charged benefits shall be computed to the fourth decimal by dividing the total noncharged and ineffectively charged benefits to all employers' experience rating accounts during the experience rating period ending June 30 by the total taxable wages payable during the experience period and added to the rate provided by W.S. 27-3-503. The total taxable wages payable under this subsection shall not include wages payable by employers electing payments instead of contributions under W.S. 27-3-509. Sixty percent (60%) of this adjustment factor shall be allocated to the unemployment compensation fund. Forty percent (40%) of this adjustment factor shall be allocated to the employment support fund created by W.S. 27-3-211.

 

(b)� If the fund balance on October 31 of the year immediately preceding the calendar year for which the contribution rate is being computed is less than three and one-half percent (3�%) of the total payrolls reported to the department by September 30 for that year ending June 30, a positive fund balance adjustment factor shall be computed. The adjustment factor shall be computed annually to the fourth decimal by dividing the total reported taxable payrolls for the year ending June 30 of the year immediately preceding the calendar year for which the contribution rate is being computed, into a sum equal to twenty-five percent (25%) of the difference between the amount in the fund on October 31 of the same year and five percent (5%) of the total payrolls for that year ending June 30. The adjustment factor shall be effective until the fund balance on October 31 of the year immediately preceding the effective date of the contribution rate equals three and one-half percent (3�%) or more of the total payrolls for that year ending June 30. The department shall by rule and regulation establish an additional formula to apportion the positive fund balance adjustment factor between those employers whose accounts have incurred a benefit ratio, pursuant to W.S. 27-3-503(e), of zero (0) and those employers whose accounts have incurred a benefit ratio that is greater than zero (0). For purposes of the apportionment, those employers having no established experience period pursuant to W.S. 27-3-503(f) shall be treated the same as those employers whose accounts have incurred a benefit ratio that is greater than zero (0). The apportionment formula shall reflect:

 

(i)� The proportion of contribution revenue received from each of the two (2) groups of employers during the previous calendar year;

 

(ii)� An additional surcharge for employers whose accounts have incurred a benefit ratio that is greater than zero (0).

 

(c)� If the fund balance on October 31 of the year immediately preceding the calendar year for which the contribution rate is being computed exceeds four percent (4%) of the total payrolls reported to the department by September 30 for that year ending June 30, a negative fund balance adjustment factor shall be computed. The negative adjustment factor shall be computed annually to the fourth decimal by dividing the total reported taxable payrolls for the year ending June 30 of the year immediately preceding the calendar year for which the contribution rate is being computed, into a sum equal to twenty-five percent (25%) of the difference between the amount in the fund as of October 31 of the same year and four percent (4%) of the total payrolls for that year ending June 30. The adjustment factor shall be effective until the fund balance on October 31 of the year immediately preceding the effective date of the contribution rate is equal to or less than four percent (4%) of the total payrolls for that year ending June 30.

 

(d)� The adjustment factors computed pursuant to this section are separate from an employer's experience rating, shall be algebraically added to the employer's contribution rate and payable by each employer subject to this article. The adjustment factor computed under subsection (c) of this section shall be algebraically added only to the contribution rate of those employers eligible for an experience rating. The adjustment factors applied to an employer's contribution rate shall not be less than zero (0).

 

(e) �Repealed by Laws 1983, Sp. Sess., ch. 2, � 3.

 

(f)� For purposes of this section, the fund balance includes any amount credited to the state unemployment insurance trust fund pursuant to W.S. 27-3-202(b) but does not include any amount credited to Wyoming's account in the unemployment trust fund pursuant to 42 U.S.C. � 1103 and appropriated for administrative expenses.

 

(g)� Repealed by Laws 1984, ch. 50, � 3.

 

(h)� Effective for the period beginning January 1, 1991, the adjustment factors computed under subsections (a) and (b) of this section shall not exceed one and five-tenths percent (1.5%) to be chargeable against employers.

 

27-3-506.� Notice of rates and charges; relief, review or redetermination.

 

(a)� The department shall notify an employer of his contribution rate determined pursuant to this article and of total benefit charges to his account within a reasonable time after the close of each experience period. A base period employer shall be notified of the filing of all initial claims which may be charged to his account. Except as otherwise provided by the legislature and on or before January 1 of each year, the department shall notify each employer of his projected contributions payable under W.S. 27-3-503 and 27-3-505 for the ensuing calendar year.� Notice under this section shall be by mail to the last known address of record.

 

(b)� A determination of contribution rates by the department for any calendar year is binding upon the employer unless within thirty (30) days after notice is mailed, he files an application for review and redetermination in accordance with this section.

 

(c)� An employer may apply in writing to the department within fifteen (15) days after the mailing or delivery of notice of benefits charged to his account for relief of benefit charges under W.S. 27-3-504(e)(i), (ii), (iv) or (viii).� The application shall state the reasons for relief.� Determinations of benefits not charged to an employer's account and which are paid from the trust fund shall be recorded and shall specify the reasons therefor.� The records are open to inspection by an employer or his legal representative.

 

(d)� An employer may apply to the department for review of a decision or determination involving contribution liability, contribution rates or the charging of benefit payments under W.S. 27-3-509.� The application shall be in writing and shall state the reasons for review. The department, on behalf of the commission, shall notify the employer of its acceptance or denial of the application for review or of a redetermination by the commission. If the commission grants review, the employer shall be given opportunity for hearing in accordance with W.S. 27-3-401 through 27-3-409.� An employer in any proceeding involving contribution rates or liability may not contest benefits paid and charged to his account in accordance with a determination, redetermination or decision pursuant to W.S. 27-3-401 through 27-3-409 unless he was not a party to the proceeding. A denial or redetermination is final unless within thirty (30) days after notice is mailed a petition for judicial review is filed in accordance with W.S. 27-3-407.

 

27-3-507.� Person acquiring trade of employing unit; transfer of experience and assignment of rates.

 

(a)� A person acquiring the trade, organization, business or substantially all the assets of an employer subject to this act shall assume the employer's account, benefit experience and contribution rate. If the acquiring person is an employer subject to this act, the department shall consolidate the separate accounts and benefit experience and shall determine the contribution rate of the acquiring person effective the first day of the calendar quarter following the date of acquisition.� A delinquency rate shall be assumed by the acquiring person as provided in W.S. 27-3-503(b) when the acquiring person owned or controlled an interest in the transferring employer or if the acquiring person is a member of the immediate family of the transferring employer.

 

(b)� The transfer of some or all of an employer's workforce to another person shall be considered a transfer of trade or business when, as a result of the transfer, the transferring employer no longer performs trade or business with respect to the transferred workforce, and the trade or business is performed by the person to whom the workforce is transferred.

 

(c)� If an employer transfers all or a portion of its trade or business to another employer and, at the time of the transfer, there is substantially common ownership, management or control of the two (2) employers, then the unemployment insurance experience attributable to the transferred trade or business shall be transferred to the employer to whom the business is transferred.� The rates of both employers shall be recalculated and made effective the first day of the calendar quarter immediately following the date of the transfer of trade or business.� Both employers may be given a delinquency rate as provided in W.S. 27-3-503(b) if applicable.

 

(d)� If, following a transfer of experience under this section, the department determines that a substantial purpose of the transfer of the trade or business was to obtain a reduced liability for contributions, then the accounts of the employers involved shall be combined into a single account and a single rate assigned to the account.

 

(e)� If a person is not an employer under this section at the time the person acquires the trade or business of an employer, the unemployment insurance experience of the acquired employer shall not be transferred to the person if the department finds that the person acquired the trade or business of the employer solely or primarily for the purpose of obtaining a lower rate of contributions.� Instead, the person shall be assigned the applicable new employer rate under W.S. 27-3-503(b).� In determining whether the trade or business was acquired solely or primarily for the purpose of obtaining a lower rate of contributions, the department shall use objective factors which may include the cost of acquiring the business, whether the person continued the business enterprise of the acquired business, how long the business enterprise was continued, or whether a substantial number of new employees were hired for performance of duties unrelated to the business activity conducted prior to acquisition.

 

(f)� The department shall establish procedures to identify the transfer or acquisition of a business for purposes of this section and W.S. 27-3-706.

 

27-3-508.� Rates for joint ventures.

 

A joint venture composed of two (2) or more employers with accounts meeting the requirements of W.S. 27-3-503(b) and (c) shall apply in writing to the department within four (4) months after the date of formation of the joint venture for determination of a contribution rate. The department shall, upon receipt of application and pursuant to this article, assign a contribution rate based upon the benefit ratio computed on the consolidation of the separate accounts and benefit experiences of the employers for the experience period. The contribution rate shall be determined and assigned by the department to the joint venture each calendar year until its separate account and benefit experience qualify as an experience period.

 

27-3-509.� Election of substitute payments by certain organizations authorized; filing and liability period; billing; posting of security; exceptions.

 

(a)� An organization or nonprofit organization defined by W.S. 27-3-501(a)(v) and (vi) and subject to this act may instead of paying contributions otherwise required by this article, elect to pay an amount determined pursuant to subsection (c) of this section. If an organization or nonprofit organization elects payment liability at the time it is determined an employer subject to this act, it shall file written notice of its election with the department not later than thirty (30) days following the date of determination. Liability for payments shall be at least one (1) year from the date of determination and shall continue until written notice is filed with the department terminating its election. Notice shall be filed not later than thirty (30) days before the beginning of the taxable year for which the termination is effective. An organization or nonprofit organization previously paying contributions under this act may file written notice of election for payment liability with the department not later than thirty (30) days prior to the beginning of any taxable year. The election shall not be changed for at least two (2) years from the effective date.

 

(b)� The department may for good cause extend the required filing period for notice of election or termination and may permit an election to be retroactive to January 1 of the year in which the election is made. It shall notify an organization of its determination of employer status, the effective date of an election and a termination of election. Determinations are subject to reconsideration, appeal and review in accordance with W.S. 27-3-506.

 

(c)� At the end of each calendar quarter or other period determined by the department, the department shall bill each nonprofit organization electing payment liability under this section for an amount equal to the total amount of regular benefits plus one-half (1/2) of the amount of extended benefits paid during the quarter or other prescribed period attributable to employment in the nonprofit organization. An organization electing payment liability under this section shall be billed in a similar manner for an amount equal to the total amount of extended benefits attributable to employment by the organization during the billing period. Payment shall be made not later than thirty (30) days after the bill is mailed or delivered unless an application for review and redetermination is filed. Payments shall not be deducted from employee wages and if not paid when due, the employer is subject to interest under this article. The department shall notify each employer of transactions affecting its account and its right to review pursuant to W.S. 27-3-506.

 

(d)� The commission may by regulation require an employer electing payments under this section to post surety bonds or other securities.

 

(e)� Noncharging provisions under W.S. 27-3-409(a) and 27-3-504(e) and the right to protest benefit charges under W.S. 27-3-506(c) do not apply to employers electing payments under this section.

 

(f)� Any employer failing to make required payments under this section, including assessments of interest and penalties, within ninety (90) days after receipt of a bill, shall not be eligible for making payments under this section for the following tax year unless full payment is received by the department before the contribution rates for the next tax year are computed under this act, subject to the following:

 

(i)� Any employer losing the option to make payments under this section because of late payments or nonpayment under this subsection shall have the option reinstated if after one (1) year, all contributions have been paid on a timely basis and no contributions, payments instead of contributions for paid benefits, penalties or interest remain outstanding;

 

(ii)� Failure of the tribe or any tribal unit to make payments required under this section including assessment of interest and penalties, after exhaustion of all collection efforts determined necessary by the department, shall exclude services performed for the tribe from employment for purposes of W.S. 27-3-105(a)(iii);

 

(iii)� Upon termination or reinstatement of any tribe or tribal unit under this section, the department shall notify the United States internal revenue service and the United States department of labor;

 

(iv)� Notice of payment and reporting delinquency to any Indian tribe or tribal unit under this subsection shall include information that failure to make full payment within the prescribed time:

 

(A)� Imposes a tax liability upon the tribe under the federal Unemployment Tax Act;

 

(B)� Eliminates eligibility of the tribe for election of payments under this section;

 

(C)� May result in exclusion of the tribe as an employer under this act as defined by W.S. 27-3-103(a)(x) and the exclusion of services performed for the tribe from employment covered under this act pursuant to paragraph (ii) of this subsection.

 

27-3-510.� Delinquencies; interest to be charged; deposit; collection by civil action; jeopardy assessments; posting of bond; liability of corporate officers and directors.

 

(a)� Contributions not paid on the date due shall bear interest of two percent (2%) per month or any fractional portion thereof from the due date until payment plus accrued interest is received by the department.� Interest collected pursuant to this subsection shall be paid into the employment security revenue account.

 

(b)� If after notice an employer defaults in any contribution or interest payment, the amount due shall be collected by civil action in the name of the department. An employer adjudged liable shall pay the costs of the action.� Civil actions brought under this subsection shall be given preference over all other civil actions except petitions for judicial review under this act and cases under the Wyoming Worker's Compensation Act.

 

(c)� If an employer or employing unit neglects or refuses to submit reports and pay contributions or interest required by this act, discontinues business at any of its places of business or leaves this state without submitting reports and paying contributions or interest and the neglect, refusal, discontinuance or removal jeopardizes the fund or any rights to benefits, the department may make a jeopardy assessment against the employer or employing unit. The department shall immediately notify the employer of the assessment in writing by mail.� The assessment is final unless the employer files a written protest of the assessment with the department within fifteen (15) days after mailing.� An employer filing a protest may request a hearing before the commission in writing.� After the hearing the department shall notify the employer of findings of the commission.� If an assessment is made, it is final upon issuance of notice and the department shall collect the assessment of any delinquent contributions or interest.

 

(d)� The department may require any employing unit which has been habitually delinquent in making contributions, filing returns or qualifying as required by this act to file a bond or other security with the department which will insure the payment of future contributions required by this act.

 

(e)� Any officer or director having at least twenty percent (20%) ownership interest of a corporate employing unit and any manager of a limited liability company having at least twenty percent (20%) ownership interest of a limited liability company employing unit, who controls or supervises filing contribution reports or making payment contributions under this act and who fails to file the reports or make required payments, and the employing unit fails to pay the amounts due the department, is liable for the contributions or reimbursement including interest, penalties and costs. Liability under this subsection shall:

 

(i)� Survive dissolution, reorganization, bankruptcy, receivership or assignment for the benefit of creditors of or by the corporate or limited liability company employing unit;

 

(ii)� Be initially determined by the department. The department's determination is final unless the� officer or director determined to be liable files a written appeal within fifteen (15) days after the date notice of the determination is mailed to his address or the address of the corporate or limited liability company employing unit.� The burden of proof rests with the department and the appeal shall be conducted in the manner provided under W.S. 27-3-506 for appeals from employer liability determinations.

 

27-3-511.� Delinquencies; lien; foreclosure; notice and hearing; satisfaction and release; remedies not exclusive.

 

(a)� If contributions or interest under this act are not paid on the date due, the department may file a lien certificate verified under oath with the county clerk of the county in which the employer has his principal place of business and a copy with any other county. The certificate shall state the amount of the contributions and interest due, the name and last known address of the delinquent employer and that the department complied with computation and levy requirements for contributions and interest under this act. The county clerk shall number, file and index the certificate under employment security contributions' liens and under chattel mortgages.

 

(b)� The amount of contributions and interest due the department is a lien upon all real and personal property including motor vehicles owned or acquired by the employer. The lien is in effect from the time of filing the certificate and covers all property of the employer in any county in which filed. The department may initiate proceedings for foreclosure in district court within ten (10) years from the date of filing. After the date of filing, no person shall remove property subject to a lien under this section from the state.

 

(c)� Before filing the certificate, the delinquent employer shall be given opportunity for hearing before the commission or its duly authorized representative. Notice of the time and place of the hearing shall be mailed at least fifteen (15) days prior to the hearing. If the delinquent employer or his representative fails to appear at the hearing or fails to establish to the satisfaction of the commission that contributions and interest are erroneous, the department may file the certificate. The certificate may be filed without opportunity for hearing if a delinquent employer is leaving the state with intent to default.

 

(d)� If a lien is entered and the contributions are paid or found erroneous, the department shall file notice of satisfaction of the lien certificate with the county clerk of any county in which the lien is filed. The department may release any property from the lien or subordinate the lien if it determines contributions and interest are secured by a lien on other property or the collection of contributions and interest is not in jeopardy. The department shall certify release or subordination under this subsection.

 

(e)� The remedies provided by this section are not exclusive.

 

(f)� Notwithstanding any other provision of this section, the department may enter into installment payment agreements for delinquent tax and interest liabilities where repayment requirements are met and where payment in a lump sum would cause severe inconvenience to the taxpayer.

 

(g)� For purposes of this section, "employer" includes those individuals described in W.S. 27-3-510(e) under the conditions described in that section.

 

27-3-512.� Priority over other claims under receivership.

 

If an employer's assets are distributed by court order under receivership, assignment, adjudicated insolvency or other proceeding, contributions under this act shall have priority over all claims except taxes and claims for wages of not more than two hundred fifty dollars ($250.00) per claimant and earned within six (6) months before the proceeding. Priority of contributions in cases adjudicated under 11 U.S.C. � 101 et seq. shall be as provided by 11 U.S.C. � 507(a).

 

27-3-513.� Prevention of collection prohibited.

 

A court shall not prevent the collection of any contributions under this act.

 

27-3-514.� Action for recovery of payments under protest; procedure.

 

An employer paying contributions under protest may within six (6) months after payment initiate action for recovery against the department in a court of competent jurisdiction. The protest shall be verified and filed at the time payment is made and shall state the grounds for objection. Failure to initiate action within six (6) months is a waiver of recovery under this subsection. Review by the court is limited to the objections stated in the protest. If judgment is for the employer, the amount shall be credited to his account for contributions and interest due under this act. Any remaining balance shall be refunded to the employer from the clearing account.

 

27-3-515.� Adjustment or refund for erroneous collection; reduction of contributions and interest in certain cases; recovery by department.

 

(a)� An employer may apply to the commission or the commission may on its own motion provide for an adjustment of contributions or interest or for a refund if the adjustment cannot be made. This subsection applies only to payments made within three (3) years before the date of application or determination. Upon determination of an erroneous collection, the department shall grant an adjustment without interest for future contribution payments or if the adjustment cannot be made, refund the amount without interest from the fund.

 

(b)� The department may upon its own motion or written application reduce or waive the amount of interest due under W.S. 27-3-510(a) if the collection of the full amount of interest is against equity and good conscience. If an employer is no longer subject to this act pursuant to W.S. 27-3-502, the department may reduce or cancel the amount of contributions or interest due upon a determination based on findings entered into the record that the employer is:

 

(i)� Adjudicated insolvent by a court of competent jurisdiction with no remaining assets;

 

(ii)� Deceased with no estate or the estate is closed and all assets are distributed;

 

(iii)� A dissolved corporation with no remaining assets;

 

(iv)� Not found within three (3) years after the date of termination of coverage under this act and has no property located in the state; or

 

(v)� Not capable of paying the total amount due within three (3) years after the date of termination of coverage under this act, has no property in the state and failure to accept a partial amount of the total as settlement may result in a substantial loss to the fund.

 

(c)� Subsection (b) of this section does not prevent the department from collecting the balance of interest and contributions not paid if its action was based upon a misrepresentation or omission of facts or if amounts due under this act are collectible at a future date.

 

27-3-516.� Incremental bond for impact industries.

 

(a)� Any project in Wyoming with an estimated construction cost equal to or greater than the threshold construction cost defined by the industrial siting council pursuant to W.S. 35-12-102(a)(vii), a majority of which is planned to be completed or discontinued within a period of seven (7) years,� and which will require the employment of at least two hundred fifty (250) people is subject to this section.� After the project is initiated, each employing unit working on a project which meets the criteria specified under this section shall report annually to the department any change in� contract bids within the state as may have been determined under subsection (b) of this section.

 

(b)� If the department determines that the project is within the criteria stated by this section, it may assess and collect from the general or prime contractor or, in those situations where there is no general or prime contractor, the owner for whom the project is being constructed, on behalf of each employing unit, an additional amount of one-half percent (.5%) times the successful bid amount on the project awarded to each employing unit but not to exceed one-half percent (.5%) times the total amount allowed under all bids accepted under the project.� The amount is in addition to any other contribution required by this act and shall be treated as incremental bond payments to insure payment for all benefits ultimately claimed.� The payments are not contributions until the ultimate determination of liability is made under subsection (d) of this section. The department shall amend the amount assessed under this section in accordance with any increases in contract bids reported by an employing unit under subsection (a) of this section. An employing unit may be enjoined by the department from engaging or continuing in business until all payments required under this subsection are made.

 

(c)� Repealed by Laws 1986, ch. 52, � 2.

 

(d)� The amount collected under this section shall be credited to a separate account. Within one (1) year after completion or discontinuance of the project or after an employing unit completes its phase of the work, the department shall determine the total benefits paid to employees of the employing unit or units and if total contributions made by the units under W.S. 27-3-503 exceed total benefits paid to the employees of the units, the difference plus accrued interest� shall be refunded to the appropriate general or prime contractor or the owner who paid the additional contribution under subsection (b) of this section� but not exceeding the amount paid under this section plus accrued interest.� The amount not refunded shall be credited to the unemployment compensation fund.

 

(e)� Repealed By Laws 2007, Ch. 177, � 2.

 

ARTICLE 6 - ADMINISTRATION

 

27-3-601.� Unemployment insurance commission created; composition; terms; vacancies; salary; chairman; quorum; removal; office; seal.

 

(a)� The unemployment insurance commission of Wyoming is created within the department of employment and shall consist of three (3) members serving a term of six (6) years each. Appointments, vacancies and expiration of terms shall be in accordance with W.S. 28-12-101 through 28-12-103. A member shall not hold any state office or serve as an officer or on a committee of any political organization during the term of membership. No more than two (2) members shall be of the same political party.

 

(b)� Every two (2) years one (1) member shall be elected by the membership to serve as chairman. Two (2) members is a quorum. A vacancy does not prevent the remaining members from exercising powers of the commission. One (1) member shall not exercise powers if two (2) vacancies occur at the same time.

 

(c)� Commission members shall receive a salary equal to the per diem paid to members of the Wyoming legislature under W.S. 28-5-101 for each day of actual service and when engaged in necessary travel plus necessary expenses.

 

(d)� The governor may remove a commissioner as provided in W.S. 9-1-202.

 

(e)� The office of the commission shall be located in Casper, Wyoming and the commission shall have an official seal which shall be judicially noticed.

 

27-3-602.� Powers and duties of unemployment insurance commission; personnel.

 

(a)� The commission shall:

 

(i)� Adopt rules necessary for the administration of this act by the department of employment and the department, in accordance with law, may make expenditures, require reports, make investigations and take other action it considers necessary;

 

(ii)� Determine its methods of procedure in accordance with this act;

 

(iii)� Repealed by Laws 1990, ch. 63, � 3.

 

(iv)� Through the department, and if possible, provide a reserve against fund liability for future benefit payments in excess of contributions in accordance with accepted actuarial principles based on employment, business activity and other relevant factors;

 

(v)� Through the department, recommend to the governor and the legislature a change in contribution or benefit rates when necessary to protect fund solvency;

 

(vi)� Define and prescribe by regulation necessary procedures for total unemployment and part total unemployment;

 

(vii)� Through the department, publish provisions of this act, rules and regulations, reports and other relevant material and furnish copies in accordance with W.S. 16-4-204 to any person upon application.

 

(b)� The commission may adopt, amend or rescind rules and regulations after notice and public hearing in accordance with the Wyoming Administrative Procedure Act.

 

(c)� In administering this act, the commission or any authorized representative of the department may administer oaths and affirmations, take depositions, certify official acts, subpoena witnesses and require the production of books, papers or other records material to the administration of this act.

 

(d)� If a subpoena issued to any person pursuant to subsection (c) of this section is disobeyed, the district court of the district in which the inquiry is conducted or the person is found, resides or conducts business shall, upon application by the commission or department, issue to the person refusing to obey the subpoena an order requiring the person to appear before the commission or department to produce evidence if ordered or to give evidence touching the matter in question. Any person failing to obey the court order may be punished by the court for contempt and upon conviction, shall be fined not less than two hundred dollars ($200.00), imprisoned not more than sixty (60) days, or both. Each day of violation is a separate offense.

 

(e)� The privilege of self-incrimination is not a defense for violating subsection (c) of this section nor shall a person be incriminated for providing testimony or evidence under subsection (c) of this section except for perjury committed during testimony.

 

(f)� The department of employment shall provide personnel necessary to administer this act in accordance with rules of the commission and determinations of the commission authorized by law.� The commission shall not exercise supervisory authority over those personnel.

 

27-3-603.� Confidentiality of information.

 

Except as otherwise provided, information maintained pursuant to this act shall not be disclosed in a manner which reveals the identity of the employing unit or individual. The confidentiality limitations of this section do not apply to transfers of information between the divisions of the department of employment so long as the transfer of information is not restricted by federal law, rule or contract. Any employee who discloses information outside of the department in violation of federal or state law may be terminated without progressive discipline.

 

27-3-604.� Repealed by Laws 1990, ch. 63, � 3.

 

27-3-605.� Responsibilities of department of employment.

 

(a)� The department of employment shall administer the unemployment compensation program in this state.

 

(b)� Repealed By Laws 2002, Ch. 100, � 4.

 

(c)� Repealed By Laws 2002, Ch. 100, � 4.

 

27-3-606.� Department duties regarding unemployment and reemployment.

 

(a)� Repealed by Laws 1996, ch. 4, � 3.

 

(b)� Repealed by Laws 1996, ch. 4, � 3.

 

(c)� The department shall take appropriate steps to:

 

(i)� Repealed By Laws 2005, ch. 186, � 3.

 

(ii)� Repealed By Laws 2005, ch. 186, � 3.

 

(iii)� Repealed By Laws 2005, ch. 186, � 3.

 

(iv)� Repealed By Laws 2005, ch. 186, � 3.

 

(v)� Conduct and publish results of investigations and research studies.

 

27-3-607.� Cooperation by department with federal and state agencies; disclosure and submission of specified information; limitations.

 

(a)� The department shall:

 

(i)� Cooperate with and report to the federal government pursuant to requirements of 42 U.S.C. � 902 et seq. and comply with federal regulations governing expenditures of funds paid to the state under 42 U.S.C. � 501 et seq.;

 

(ii)� Furnish upon request of any federal agency administering public works programs or public employment assistance, the name, address, ordinary occupation and employment status of benefit recipients and their right to future benefits under this act;

 

(iii)� Upon request, pursuant to contract and on a reimbursable basis, of any state or political subdivision, furnish wage information obtained pursuant to this act determined necessary by regulation of the United States health and human services department for determining eligibility or assistance under 42 U.S.C. � 601 et seq.;

 

(iv)� Upon request, pursuant to contract and on a reimbursable basis, disclose to officers or employees of any state or local child support enforcement agency operating pursuant to a plan described under 42 U.S.C. � 654 or to the federal parent locater service, any wage or unemployment compensation claim information obtained under this act for an identified individual;

 

(v)� Upon request, pursuant to contract and on a reimbursable basis, disclose to officers and employees of the United States department of agriculture and any state food stamp agency defined under 7 U.S.C. � 2012(n)(1), any wage information obtained under this act for an identified individual, any record of application for or receipt of benefits and the amount received, his most recent home address and any refusal of an offer of employment and a description of this employment;

 

(vi)� Upon request, pursuant to contract and on a reimbursable basis, provide unemployment insurance benefit and wage information to the department of housing and urban development and to other public housing agencies.� Such information shall be provided as required by the McKinney Homeless Act of 1988, section 904(c) and in a manner as prescribed by the secretary of labor;

 

(vii)� Disclose information contained in its records to the United States secretary of health and human services or his designee, as necessary for the purposes of the national directory of new hires established under section 453 of the Social Security Act. The requesting agency shall reimburse the department for the cost of furnishing this information. The department shall work in conjunction with other states to ensure that adequate safeguards exist at the federal level so that state information being provided under this section is not disclosed for any purpose, except as authorized by law;

 

(viii)� Upon request, pursuant to contract and on a reimbursable basis, disclose and furnish copies of records relating to the administration of this act to the railroad retirement board;

 

(ix)� Require any recipient of information disclosed under this subsection to comply with any safeguards necessary and specified in federal law to ensure that the information furnished shall be used only for the purposes authorized.

 

(b)� A requesting agency shall agree that information obtained under paragraph (a)(iv) of this section be used only for establishing and collecting child support obligations from and locating individuals owing obligations enforced pursuant to a plan described under 42 U.S.C. � 654, and that information obtained under paragraph (a)(v) of this section be used only for determining the applicant's eligibility for benefits or the amount of benefits under the food stamp program. The agency shall also reimburse the department for the cost of furnishing this information. Requirements for confidentiality of information under this act and the penalties for improper disclosure apply to the use of this information by officers and employees of any child support or food stamp agency and the United States department of agriculture.

 

(c)� The department may, on a reimbursable basis unless otherwise provided:

 

(i)� Repealed By Laws 2005, ch. 186, � 3.

 

(ii)� Notwithstanding W.S. 27-3-603 and subject to regulations of the commission and pursuant to contract, disclose necessary information obtained from any employing unit or individual under this act and any determination of benefit rights to any state or federal agency administering Wagner-Peyser Act or Workforce Investment Act training services;

 

(iii)� Repealed By Laws 2005, ch. 186, � 3.

 

(iv)� Cooperate with any federal agency administering any unemployment compensation law;

 

(v)� Allow access to information obtained pursuant to the administration of this act to the division of criminal investigation of the attorney general's office, upon a written request by the director which demonstrates there is a reasonable basis to believe the health or safety of a person is in danger and the information may lead to the elimination of that danger;

 

(vi)� Allow the state auditor's office and the division of worker's compensation access to certain information obtained under this act limited to the name, address, social security identification number and other general information pertaining to benefit entitlement and employers. Disclosure of information under this paragraph is for purposes of comparing information of the department with that of a requesting state agency for the detection of improper or fraudulent claims or the determination of potential tax liability, for employer compliance with notification, registration, certification or qualification requirements or for the collection of amounts owed the department;

 

(vii)� Upon request, disclose information not otherwise restricted by law or contract to the bureau of labor statistics;

 

(viii)� Upon written request, disclose any information obtained under this act to director or agency head, or his designee or agent, in the executive branch of federal or state government to be used by the public official only for official business in connection with the administration of a law or in the enforcement of a law by that public official.� The requesting agency shall reimburse the department for the cost of furnishing this information unless the cost is insignificant;

 

(ix)� Inform a project owner or contractor if his prime contractor or any subcontractor has notified the department and whether or not the prime contractor or any subcontractor is in compliance with this act;

 

(x)� Pursuant to contract, disclose wage information on a nonreimbursable basis to the social security administration utilizing the unemployment insurance interstate inquiry system;

 

(xi)� Require any recipient of information disclosed under this subsection to comply with any safeguards necessary as specified in federal regulation to ensure that the information furnished shall be used only for the purposes authorized;

 

(xii)� Notwithstanding W.S. 27-3-603 and subject to regulations of the commission, disclose necessary information obtained from any employing unit or individual under this act and any determination of benefit rights to any state or federal agency administering unemployment compensation laws or federal tax laws and to the office of the United States bankruptcy trustee.

 

(d)� The department may conduct and publish statistical analysis of payroll and employment of state agencies in the executive branch which may reveal the identity of state agency employing units.

 

27-3-608.� Agreements by department with other states, federal government and foreign governments authorized.

 

(a)� Notwithstanding W.S. 27-3-104 through 27-3-108, the department may enter into arrangements with other states for services performed by an individual ordinarily performing services in more than one (1) state for a single employing unit. Subject to election by the employing unit and approval of the affected states, the arrangement may specify that service is performed entirely within the state in which:

 

(i)� Any part of the individual's services are performed;

 

(ii)� The employing unit maintains its principal place of business; or

 

(iii)� The individual has his residence.

 

(b)� The department is also authorized to enter into agreements with other states or the federal government for wages or services entitled to benefits under the law of another state or the federal government to be wages for insured work under this act or under the law of another state or the federal government. The department shall participate in arrangements approved by the United States secretary of labor for the payment of compensation by combining an individual's wages and employment covered under this act with those covered under the laws of other states which assure the prompt and full payment of compensation, apply the base period of a single state law to a claim involving the combination of wages and employment covered under two (2) or more state laws and avoid duplication of wages and employment. No arrangement under this subsection shall be entered into unless the participating state or federal agency agrees to reimburse the fund for the amount of benefits paid under this act for wages or services the department finds fair and reasonable. The department shall reimburse to other state or federal agencies a reasonable portion of benefits paid under their law.

 

(c)� The department may make and receive reimbursements from or to the fund in accordance with arrangements pursuant to this section. For purposes of this act, reimbursements payable are benefits.

 

(d)� To the extent authorized by federal law and constitution and agreements entered into between the federal government and foreign governments, the department may enter into or cooperate in agreements for facilities and services provided by a foreign government for use in receiving claims and paying benefits under this act or similar law of the foreign government.

 

27-3-609.� Legal representation in civil and criminal actions.

 

(a)� In any civil action to enforce this act, the department may be represented by a qualified attorney employed by the department or by the attorney general at the request of the department.

 

(b)� All criminal actions for violation of this act or any rules or regulations issued pursuant to this act shall be prosecuted by the attorney general or at his request and under his direction, by the district attorney for the county in which the prosecution is brought.

 

27-3-610.� Establishment of fee schedule and payment for certain services.

 

The department may charge a fee and require payment to recover the cost of services for photocopying, preparation of forms or other material in responding to inquiries to provide information not confidential by law, furnishing publications prepared by the department and any other services rendered by the department which are not directly related to the administration of this act.� Such fees shall be deposited into the employment security administration account.

 

27-3-611.� Maintenance of records by department; procedures.

 

The department may maintain any or all of its records on a computer imaging system that maintains true and accurate copies or images of original documents. The department may destroy original documents after putting the documents in the computer imaging system. True and accurate copies generated by the computer imaging system shall be admissible in court or administrative hearings under the same conditions as the original document would be admissible.

 

ARTICLE 7 - PENALTIES

 

27-3-701.� Financing of contributions or waiver of rights by employees.

 

No employer shall directly or indirectly make, require or accept any deduction from wages or payments by employees to finance contributions required by this act or require or accept any waiver of an employee's right under this act. Any employer or his officer or agent violating this section shall be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00), imprisoned for not more than six (6) months, or both. Each violation is a separate offense.

 

27-3-702.� Obtaining benefits by fraud; disqualification of benefits; penalties.

 

(a)� No person shall, for himself or any other person, knowingly make a false statement or misrepresentation or knowingly fail to disclose a material fact to obtain or increase benefits or other payments under this act or other state or federal law. Any person violating this section is guilty of:

 

(i)� A misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than ninety (90) days, or both, if the amount of benefits obtained in violation of this section is less than one thousand dollars ($1,000.00); or

 

(ii)� A felony punishable by imprisonment for not more than five (5) years, a fine of not more than five thousand dollars ($5,000.00), or both, if the amount of benefits obtained under fraud is one thousand dollars ($1,000.00) or greater.

 

(b)� Upon conviction the court shall require the defendant to make restitution to the department in the amount of benefits or other payments improperly paid due to the defendant's fraud. Each false statement, misrepresentation or failure to disclose a material fact is a separate offense.� This section shall not preclude prosecution under any other applicable law.

 

(c)� In addition to the penalties provided by this section, a person convicted under this section or any other applicable law shall be disqualified from receiving benefits in any week beginning within a two (2) year period immediately following conviction.

 

27-3-703.� Fraud by employing unit; refusal to furnish reports; failure to make required payments; failure to comply with injunction order; penalties.

 

(a)� No officer, agent or any other individual of an employing unit shall knowingly make a false statement or misrepresentation or knowingly fail to disclose a material fact with the intention of preventing or reducing the payment of benefits to any entitled individual, to avoid being subject to this act or to avoid or reduce any contribution or other payment required from an employing unit under this act, or willfully fail or refuse to make any contribution or other payment. Any such individual violating this subsection is guilty of a misdemeanor punishable by imprisonment for not more than ninety (90) days, a fine of not more than seven hundred fifty dollars ($750.00), or both. Each false statement, misrepresentation or failure to disclose a material fact is a separate offense.

 

(b)� Any employing unit or if the employing unit is a corporation, any officer or director liable under W.S. 27-3-510(e),� fraudulently failing to pay contributions required under this act for a period of two (2) or more consecutive calendar quarters or the total of which exceeds five hundred dollars ($500.00), is guilty of a felony punishable by a fine of not more than five thousand dollars ($5,000.00), imprisonment for not more than five (5) years, or both.

 

(c)� Any officer, agent or other individual of an employing unit who willfully refuses or fails to furnish any report or to produce or permit the inspection of records required by this act is guilty of a misdemeanor. Each day of any failure or refusal is a separate offense.

 

(d)� Any employing unit failing to comply with a court order issued pursuant to W.S. 27-3-502(h), or any partner or corporate officer of the employing unit aiding or assisting the employing unit in not complying with the court order, is guilty of a misdemeanor.

 

(e)� This section shall not preclude prosecution under any other applicable state law.

 

27-3-704.� General penalty.

 

Any person willfully violating this act or any order, rule or regulation under this act for which no specific penalty is provided is guilty of a misdemeanor and shall be fined not more than seven hundred fifty dollars ($750.00), imprisoned not more than sixty (60) days, or both. Each day of violation is a separate offense.

 

27-3-705.� Improper filing of claims; penalties.

 

An individual who knowingly and with the intent to defraud allows or authorizes another person to sign the individual's name or use his personal identification number to make or file a claim for benefits on the individual's behalf is subject to the penalties prescribed in W.S. 27-3-311(e) and 27-3-702(a).

 

27-3-706.� Experience rating manipulation; penalties.

 

(a)� A person who knowingly, or with deliberate ignorance or reckless disregard of the true facts or the requirements of this act, violates or attempts to violate W.S. 27-3-507 or any other provision of this act related to determining the assignment of a contribution rate, or who knowingly advises another to violate the requirements of W.S. 27-3-507 or any other provision of this act related to determining the assignment of a contribution rate, shall be subject to the following penalties:

 

(i)� A person who is an employer shall be assigned, for the rate year during which the noncompliance or misrepresentation occurred and for the following three (3) rate years, the highest rate assignable under W.S. 27-3-503.� If the person's business is already at the highest rate for any year, or if the amount of increase in the person's rate would be less than two percent (2%) for that year, then a penalty rate of two percent (2%) of taxable wages shall be imposed for that year.� This penalty may exceed the maximum assignable rate;

 

(ii)� A person who is not an employer shall be subject to a civil penalty of not more than fifty thousand dollars ($50,000.00).� Funds received by the division under this paragraph shall be paid over to the state treasurer to be credited to the public school fund of the county in which the violation for which the penalty imposed occurred;

 

(iii)� In addition to the penalty imposed pursuant to paragraphs (i) and (ii) of this subsection, any violation or attempted violation of W.S. 27-3-507 or any other provision of this act related to determining the assignment of a contribution rate may be prosecuted as a felony punishable by a fine of not more than fifty thousand dollars ($50,000.00), imprisonment for not more than five (5) years, or both.� The fine under this paragraph shall be paid over to the state treasurer to be credited to the public school fund of the county in which the violation for which the penalty imposed occurred.

 

CHAPTER 4 - WAGES

 

ARTICLE 1 - IN GENERAL

 

27-4-101.� Semimonthly payments required; method of payment; agricultural operations exempt; payment in case of labor dispute or temporary layoff.

 

(a)� Every person, firm or corporation, engaged in the operation of any railroad, mine, refinery, and work incidental to prospecting for, or the production of, oil and gas, or other factory, mill or workshop, within the state of Wyoming, shall, on or before the first day of each month, pay their employees the wages earned by them during the first half of the preceding month ending with the fifteenth day of the month, and on or before the fifteenth day of each month pay their employees the wages earned by them during the last half of the preceding month; provided, however, that if at any time of payment any employee shall be absent from his or her regular place of labor, and shall not receive his or her wages, at that time due and owing, through a duly authorized representative, he or she shall be entitled to payment at any time thereafter upon demand on the proper paymaster or at the place where wages are usually paid; provided, further, that if the first or the fifteenth of the month occurs on a day which is not a working day, that the last preceding working day shall be the payday, for all personnel who are regularly paid at one (1) location, provided, every employer shall establish and maintain regular paydays as herein provided and shall post and maintain copies of this law printed in plain type in at least two (2) conspicuous places where the notices can be seen by the employees.

 

(b)� Every employer shall, at the time of each payment of wages, furnish each of his employees with a detachable part of the check, draft or voucher, paying the employees' wages, giving an itemized statement in writing showing all deductions made from such wages. If the employer does not make his payroll payments in the aforementioned manner, then he shall provide such itemized statement on a slip attached to such payment. Nothing in W.S. 27-4-101 through 27-4-103 shall be construed to prohibit an employer from depositing wages due or to become due or an advance on wages to be earned, in an account in any bank, savings and loan association, credit union or other financial institution authorized by the United States or one (1) of the several states to receive deposits in the United States if the employee has voluntarily authorized such deposit.

 

(c)� Agricultural operations shall be exempt from the provisions provided herein.

 

(d)� When work of any employee is suspended as a result of a labor dispute, or when an employee for any reason whatsoever is temporarily laid off, the employer shall pay in full to such employee on the next regular payday, either through the regular pay channels or by mail if requested by the employee, wages earned to the time of suspension or layoff.

 

27-4-102.� Repealed By Laws 2001, Ch. 162, � 2.

 

27-4-103.� Semimonthly payments required; penalty.

 

Every person violating any of the provisions of this act, shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than seven hundred fifty dollars ($750.00), or by imprisonment in the county jail for a period of not more than six (6) months, or by both fine and imprisonment.

 

27-4-104.� Payment of employee quitting or discharged and suit for wages; generally.

 

(a)� Whenever an employee quits the service or is discharged, the employee shall be paid whatever wages are due him in lawful money of the United States of America, or by check or draft which can be cashed at a bank, within five (5) working days of the date of termination of employment. The employer may offset from any monies due the employee as wages, any sums due the employer from the employee which have been incurred by the employee during his employment. This section does not apply to the earnings of a sales agent employed on a commission basis and having custody of accounts, money or goods of his principal where the net amount due the agent may not be determinable except after an audit or verification of sales, accounts, funds or stocks.

 

(b)� Whenever an employee who has quit or has been discharged from service has cause to bring suit for wages earned and due, and shall establish in court the amount which is justly due, the court shall allow to the plaintiff interest on the past due wages at the rate of eighteen percent (18%) per annum from the date of discharge or termination, together with a reasonable attorney fee and all costs of suit. Prosecution of a civil action to recover unpaid wages does not preclude prosecution under W.S. 27-4-105.

 

27-4-105.� Payment of employee quitting or discharged and suit for wages; penalty.

 

Every person, firm or corporation willfully violating any of the provisions of W.S. 27-4-104 is guilty of a misdemeanor and shall be punished by a fine of not less than five hundred dollars ($500.00) nor more than seven hundred fifty dollars ($750.00) for each offense.

 

27-4-106.� Assignment of certain accounts and prosecution of certain suits prohibited; generally.

 

It is hereby declared unlawful for any creditor or other holder of any evidence of debt, book account, or claim of any name or nature against any laborer, servant, clerk or other employee of any corporation, firm or individual in this state for the purpose below stated, to sell, assign, transfer, or by any means dispose of any such claim, book account, bill or debt of any name or nature whatever, to any person or persons, firm, corporation or institution, or to institute elsewhere than in this state or prosecute any suit or action for any such claim or debt against any such laborer, servant, clerk or employe, by any process seeking to seize, attach or garnish the wages of such person or persons earned within sixty (60) days prior to the commencement of such proceedings for the purpose of avoiding the effect of the laws of the state of Wyoming concerning exemptions.

 

27-4-107.� Assignment of certain accounts and prosecution of certain suits prohibited; aiding violation deemed unlawful.

 

It is hereby declared unlawful for any person or persons to aid, assist, abet or counsel a violation of W.S. 27-4-106 for any purpose whatever.

 

27-4-108.� Assignment of certain accounts and prosecution of certain suits prohibited; prima facie evidence.

 

In any proceeding, civil or criminal, growing out of a breach of W.S. 27-4-106 and 27-4-107, proof of the institution of a suit or service of garnishment summons by any persons, firm or individual in any court of any state or territory other than this state, to seize by process of garnishment or otherwise, any of the wages of such persons as defined in section 1 of this act shall be deemed prima facie evidence of an evasion of the laws of the state of Wyoming, and a breach of the provisions of W.S. 27-4-106 through 27-4-109 on the part of the creditor or resident in Wyoming causing the same to be done.

 

27-4-109.� Assignment of certain accounts and prosecution of certain suits prohibited; liability and penalty for unlawful assignment.

 

Any person, firm, company, corporation, or business institution guilty of a violation of W.S. 27-4-106 and 27-4-107 shall be liable to the party so injured for the amount of the debt sold, assigned, transferred, garnisheed, or sued upon, with all costs and expenses, and a reasonable attorney's fee to be recovered in any court of competent jurisdiction in this state, and shall further be liable by prosecution to punishment by a fine not exceeding the sum of one hundred dollars ($100.00) and costs of prosecution.

 

27-4-110.� Assignments of wages; acceptance by employer; filing.

 

No assignment of, or order for, wages to be earned in the future to secure a loan of less than two hundred dollars ($200.00) shall be valid against an employer of the person making said assignment or order until said assignment or order is accepted in writing by the employer, and said assignment or order and the acceptance of the same have been filed and recorded with the clerk of the city or town where the party making said assignment or order resides, if a resident of this state, or in which he is employed, if not a resident of the commonwealth.

 

27-4-111.� Assignments of wages; consent of marital spouse required.

 

No assignment of or order for, wages to be earned in the future shall be valid, when made by a married individual, unless the written consent of the spouse to the assignment is attached thereto.

 

27-4-112.� Assignments of wages; certain banks exempt from assignment provisions.

 

National banks and all banking institutions which are under the supervision of the bank examiner shall be exempt from the provisions of this act.

 

27-4-113.� Contracts for alien labor; when unenforceable.

 

No contract made for labor or services with any alien or foreigner previous to the time that such alien or foreigner may come into the state shall be enforced within this state for any period after six (6) months from the date of such contract.

 

27-4-114.� Contracts for alien labor; measure of recovery; defenses.

 

Any alien or foreigner who shall hereafter perform labor or services for any person or persons, company or corporation within this state, shall be entitled to recover from such person or persons, company or corporation, a reasonable compensation for such labor or services, notwithstanding such person or persons, company or corporation may have paid any other party or parties for the same; and in actions for the price of such labor or services, no defense shall be admitted to the effect that the defendant or defendants had contracted with other parties who had, or pretended to have, power or authority to hire out the labor or services of such party or parties, or to receive the pay or price for such labor or services.

 

27-4-115.� Contracts for alien labor; third party receiving pay for alien's labor prohibited.

 

Any person, whether he or she acts for himself or herself, or as agent, attorney or employe for another or others, who shall, in pursuance of, or by virtue of, any contract made with any alien or foreigner, made before such alien or foreigner came into this state, receive or offer to receive any money, pay or remuneration for the labor or services of any alien or foreigner, excepting the person so performing such labor or services, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined in a sum not less than five hundred dollars ($500.00), and not more than five thousand dollars ($5,000.00), and imprisoned in the county jail for not less than three (3) nor more than twelve (12) months, for each and every offense.

 

27-4-116.� Employee not liable for dishonored check; penalty.

 

(a)� No employer shall withhold money from an employee's wages for accepting a check on behalf of the employer which is not paid because the check is dishonored unless:

 

(i)� The employer has provided written instructions as to procedures for accepting checks and the employee fails to follow the procedures; or

 

(ii)� The employer reasonably believes that the employee has been a party to a fraud or other wrongdoing in taking a dishonored check.

 

(b)� Every employer who violates this section is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00).

 

ARTICLE 2 - MINIMUM WAGES

 

27-4-201.� Definitions.

 

(a)� As used in this act:

 

(i)� "Wage" means compensation due to an employee by reason of his employment;

 

(ii)� "Employ" includes to suffer or to permit to work;

 

(iii)� "Employer" includes any individual, partnership, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee;

 

(iv)� "Employee" includes any individual employed by an employer but shall not include:

 

(A)� Any individual employed in agriculture;

 

(B)� Any individual employed in domestic service in or about a private home;

 

(C)� Any individual employed in a bona fide executive, administrative, or professional capacity;

 

(D)� Any individual employed by the United States, or by the state or any political subdivision thereof;

 

(E)� Any individual engaged in the activities of an educational, charitable, religious, or nonprofit organization where the employer-employee relationship does not, in fact, exist or where the services rendered to such organization are on a voluntary basis;

 

(F)� Repealed By Laws 2001, Ch. 1, � 2.

 

(G)� Any individual employed as an outside salesman whose compensation is solely commission on sales;

 

(H)� Any individual whose employment is driving an ambulance or other vehicle from time to time as necessity requires but who is on call at any time;

 

(J)� Repealed By Laws 2001, Ch. 1, � 2.

 

(v)� In this act, "shall" is used in an imperative sense and "may" is used in a permissive sense;

 

(vi)� "Occupation" means any occupation, service, trade, business, industry, or branch or group of industries or employment or class of employment in which individuals are gainfully employed.

 

27-4-202.� Minimum wage rates.

 

(a)� Every employer shall pay to each of his or her employees wages at a rate of not less than five dollars and fifteen cents ($5.15) per hour.

 

(b)� Effective April 1, 2001 and thereafter, all employers who employ tipped employees shall not pay less than two dollars and thirteen cents ($2.13) per hour to his tipped employees. Provided further, if the wage paid by the employer combined with the tips received by the employee during a given pay period does not equal at least the applicable minimum wage as prescribed in subsection (a) of this section, the employer shall pay the difference to the tipped employee. For the purposes of this act, all "tip" employees shall furnish monthly to their respective employers the daily record of tips required to be kept by "tip" employees under the laws of the United States and upon the forms prescribed by the internal revenue service of the United States treasury department. The daily record of tips shall constitute prima facie proof of the amount of tips received by the employee. Proof of a customary tipping percentage of sales or service shall also be an admissible form of proof of the amount of tips. A "tip" employee is one who customarily and regularly receives more than thirty dollars ($30.00) a month in tips.

 

(c)� In lieu of the rate prescribed in subsection (a) of this section, any employer may pay any employee who has not attained the age of twenty (20) years a wage which is not less than four dollars and twenty-five cents ($4.25) per hour during the first ninety (90) consecutive days after the employee is initially employed by the employer. No employer may take any action to displace employees, including partial displacements such as reduction in hours, wages or employment benefits for purposes of hiring individuals at the wage authorized in this subsection.

 

27-4-203.� Record of work of employees required.

 

Every employer subject to this act shall make, and keep for a period of not less than two (2) years in or about the premises wherein any employee is employed, a record of the name, address and occupation of each of his employees, the rate of pay, and the amount paid each pay period to each such employee, the hours worked each day and each work week by such employee.

 

27-4-204.� Liability for unpaid minimum wage; suit for collection.

 

(a)� Any employer who shall pay to any employee wages at a rate less than that prescribed in the foregoing section shall be liable in a civil action, to the employee in the amount of his or her unpaid minimum wage, and the aggrieved employee may bring a civil action for enforcement of this act and the recovery of his or her unpaid wages together with reasonable attorney fees and the costs of the action.

 

(b)� Repealed by Laws 1990, ch. 71, � 2.

 

(c)� Repealed by Laws 1990, ch. 71, � 2.

 

ARTICLE 3 - EQUAL PAY

 

27-4-301.� Definitions.

 

(a)� "Employee" means any individual employed by an employer.

 

(b)� "Employer" includes any person acting directly or indirectly in the interest of an employer in relation to an employee.

 

(c)� "Employ" includes to suffer or permit to work.

 

(d)� "Occupation" includes any industry, trade, business or branch thereof, or any employment or class of employment.

 

(e)� "Director" means the director of the department of employment or his designee who is authorized to administer W.S. 27-4-301 through 27-4-304.

 

(f)� "Person" includes one (1) or more individuals, partnerships, corporations, associations, legal representatives, trustees, trustees in bankruptcy or receivers.

 

27-4-302.� Prohibition on paying employees less for same work.

 

(a)� No employer shall discriminate, within the same establishment in which the employees are employed, between employees on the basis of gender by paying wages to employees at a rate less than the rate at which the employer pays wages to employees of the opposite gender for equal work on jobs the performance of which requires equal skill, effort and responsibility and which are performed under similar working conditions, except where the payment is made pursuant to:

 

(i)� A seniority system;

 

(ii)� A merit system;

 

(iii)� A system which measures earning by quantity or quality of production; or

 

(iv)� A differential based on any other factor other than gender.

 

27-4-303.� Liability of employer generally; liquidated damages; individual and group actions; assignment of claim.

 

(a)� An employer who violates the provisions of W.S. 27-4-302 shall be liable to the employee or employees affected in the amount of their unpaid wages, and in an additional equal amount as liquidated damages. Action to recover liability may be maintained in any court of competent jurisdiction by any one (1) or more employees for and in behalf of the employee or the employees and other employees similarly situated, and no agreement by the employee to work for less than the wage to which the employee is entitled under this act shall be a defense to any action.

 

(b)� Upon receipt of a written claim by any employee of a violation of this act, the director shall process, investigate and determine the validity of the claim.� The director shall have power to join various claims against the same employer in one (1) claim. If either the employer or employee is aggrieved by the director's determination, the aggrieved party may request a fair hearing. The aggrieved party must file a written request for hearing within fifteen (15) calendar days of receipt of the director's determination. Upon receipt of a timely submitted request for hearing, the director shall appoint an independent hearing officer to conduct the fair hearing between the employer and employee. The fair hearing shall be conducted pursuant to the Wyoming Administrative Procedure Act. The hearing officer's determination shall constitute the director's final agency action. Upon a finding by the hearing officer that the claim is valid, the director shall order the employer to pay the amount of wages due plus an additional equal amount as liquidated damages. Where the employer failed to appeal an adverse determination to the district court and failed to comply with the director's order, the director shall refer the matter to the appropriate county attorney for enforcement of the director's order.

 

27-4-304.� Penalty for violations.

 

Any employer who willfully violates any provision of this act, or who discharges or in any other manner discriminates against any employee because the employee has made any complaint to his employer, the director or any other person, or instituted, or caused to be instituted any proceeding under or related to this act, or has testified or is about to testify in the proceedings, shall, upon conviction, be punished by a fine of not less than twenty-five dollars ($25.00), nor more than two hundred dollars ($200.00), or by imprisonment for not less than ten (10) days nor more than one hundred eighty (180) days, or by both the fine and imprisonment. Each day a violation continues shall constitute a separate offense.

 

ARTICLE 4 - PREVAILING WAGES

 

27-4-401.� Short title.

 

This act may be known and may be cited as the Wyoming Prevailing Wage Act of 1967.

 

27-4-402.� Definitions.

 

(a)� As used in this act:

 

(i)� "Construction" includes construction, reconstruction, improvement, enlargement, alteration or repair of any public improvement fairly estimated to cost one hundred thousand dollars ($100,000.00) or more;

 

(ii)� "Director" shall mean the director of the department or his designee;

 

(iii)� "Prevailing hourly rate of wages" means the wages paid generally to and the associated customary and usual fringe benefit costs paid on behalf of workers engaged in work of a similar character;

 

(iv)� Repealed By Laws 2001, Ch. 145, � 2.

 

(v)� "Maintenance work" means the repair, but not the replacement, of existing facilities when the size, type or extent of the existing facilities is not thereby changed or increased;

 

(vi)� "Public body" means the state of Wyoming or any officer, board or commission of the state;

 

(vii)� "Public works" means all fixed works constructed for public use, whether or not done under public supervision or direction, or paid for wholly or in part out of public funds or assessment of property owners or rights users;

 

(viii)� "Workmen" means laborers, workmen and mechanics employed directly upon the actual construction site by contractors or subcontractors or the public body;

 

(ix)� "Locality" for public heavy, highway projects and public building projects means the following districts wherein the physical work is performed:

 

(A)� For federal highway and construction projects:

 

(I)� The entire state of Wyoming excluding any area defined as a metropolitan statistical area pursuant to 44 U.S.C. 3504(e)(3) and 31 U.S.C. 1104(d);

 

(II)� Any area defined as a metropolitan statistical area pursuant to 44 U.S.C. 3504(e)(3) and 31 U.S.C. 1104(d).

 

(B)� For state only heavy and highway projects, the entire state of Wyoming;

 

(C)� For public building projects, the entire state of Wyoming.

 

(x)� "Department" means the department of employment;

 

(xi)� "This act" means W.S. 27-4-401 through 27-4-413.

 

27-4-403.� Prevailing hourly wage on public works projects; transportation of materials; exception for trainees.

 

(a)� Except as provided by subsection (c) of this section, not less than the prevailing hourly rate of wages for work of a similar character in the locality in which the work is performed, shall be paid to all workmen employed by or on behalf of any public body engaged in the construction of public works, exclusive of maintenance work. Only such workmen as are directly employed in actual construction work on the site of the building or construction job shall be deemed to be employed on public works.

 

(b)� When the hauling of materials or equipment includes some phase of construction other than the mere transportation to the site of the construction, workmen engaged in the dual capacity shall be deemed employed directly on public works when such work shall be more than incidental to the regular duties of the hauling.

 

(c)� Notwithstanding subsection (a) of this section, an employee employed pursuant to and registered in a training or an apprenticeship program approved by the United States department of labor or a training program approved by the department of transportation and the federal highway administration, except where specified by registered or approved training or apprenticeship programs, shall be paid as follows:

 

(i)� During the first half of the training period, at a rate not less than sixty percent (60%) of the appropriate minimum journeyman's wage rate specified within the employment contract;

 

(ii)� During the period commencing upon completion of the first half of the training program and ending upon completion of seventy-five percent (75%) of the program, at a rate not less than seventy-five percent (75%) of the appropriate minimum journeyman's wage rate specified within the employment contract;

 

(iii)� During the remaining portion and until completion of the training program, at a rate not less than ninety percent (90%) of the appropriate minimum journeyman's wage rate specified within the employment contract.

 

27-4-404.� Director to investigate complaints; rules and regulations.

 

Upon complaint of violation of this act or upon reasonable suspicion that a violation of this act has occurred, the director shall investigate, and shall institute actions for penalties herein prescribed when proven violations are considered by him to be intentional and willful in nature. The director may establish rules and regulations for the purpose of carrying out the purposes of this act.

 

27-4-405.� Duty of public authority to ascertain wage rate for public works; requirement as to call for bids.

 

(a)� Before any public body awards a contract for public works, it shall obtain from the department the prevailing hourly rate of wages in the locality in which the work is to be performed, for each craft or type of workman needed to execute the contract or project. The public body shall specify in the resolution or ordinance and in the call for bids for the contract, what the prevailing hourly rate of wages in the locality is for each craft or type of workman needed to execute the contract, and it shall be mandatory upon the contractor to whom the contract is awarded and upon any subcontractor under him, to pay not less than the specified rates to all workmen employed by them in the execution of the contract. The public body awarding the contract shall cause to be inserted in the contract a stipulation to the effect that not less than the prevailing hourly rate of wages as determined by the department pursuant to W.S. 27-4-406, or determined by the court on review, shall be paid to all workmen performing work under the contract. It shall also require in all the contractor's bonds that the contractor include such provision as will guarantee the faithful performance of the prevailing hourly wage clause as provided by the contract. The finding of the department specifying the prevailing hourly rate of wages in accordance with this subsection, shall be final for all purposes of the contract then being considered, unless reviewed under the provisions of this act. A public body doing public works directly shall comply with the prevailing hourly rate of wages portion of this subsection for each craft or type of workman so employed. In reviewing bids for public works contracts, the public body shall only award a bid preference in the percentage specified in W.S. 16-6-102(a) to any prospective contractor who participated, as certified by the department, in the department's wage survey for the period applicable to the contract being awarded.

 

(b)� In determining prevailing hourly wage rates, the department shall ascertain and consider the applicable hourly wage rates established by collective bargaining agreements, if any, such hourly wage rates as are paid generally within the locality and the most current department hourly wage survey as adjusted in W.S. 27-4-406.

 

27-4-406.� Wage rate to be filed with director and mailed to employers and certain employees.

 

(a)� The department shall annually determine the prevailing hourly rate of wages within the state for all occupations, crafts or type of workers expected to be required for public works in the state. In carrying out this subsection, the department shall:

 

(i)� Repealed By Laws 2007, Ch. 109, � 2.

 

(ii)� Provide for a moving average wage adjustment as defined in rules and regulations of the department;

 

(iii)� Customize a survey for the construction trades.

 

(b)� Upon determining the prevailing hourly rate of wages under subsection (a) of this section, the department shall provide notice of its determination to:

 

(i)� The general public by publication in a newspaper of general circulation within each locality for which a prevailing wage rate is determined; and

 

(ii)� Each state agency and, upon written request, to any employer or other person. Notice under this paragraph shall be made promptly by certified mail.

 

27-4-407.� Objection to rates filed; hearing; ruling; judicial review.

 

(a)� At any time within fifteen (15) days after publication and notification of wage determinations under W.S. 27-4-406, any affected person may object in writing to the determination or part thereof by filing a written notice with the director, stating the specific grounds of the objection. The written objection shall be a public record and available for inspection by any person who may be affected.

 

(b)� Within ten (10) days of the receipt of the objection, the director shall set a date for a hearing on the objection. The date for the hearing shall be within thirty (30) days of the receipt of the objection. Written notice of the time and place of the hearing shall be given to the objectors at least five (5) days prior to the date set for the hearing.

 

(c)� The director may hear each written objection separately or consolidate for hearing any two (2) or more written objections. At the hearing the department shall introduce in evidence the methodology it used and any other facts which were considered at the time of the original determination which formed the basis for its determination. The department or any objectors thereafter may introduce evidence which is material to the issues. In no case shall the department be required to disclose any payroll data or survey data which was used in making a determination under W.S. 27-4-406 which can be used to identify any individual employer.

 

(d)� Within ten (10) days of the conclusion of the hearing, the director shall rule on the written objections and make a final determination as the evidence warrants. Immediately upon a final determination, the director shall serve a certified copy upon on all parties to the proceedings by personal service or by registered mail.

 

(e)� The final decision of the director of the prevailing wages in the locality shall be subject to review in accordance with the provisions of the Wyoming Administrative Procedure Act. All proceedings in any district court affecting a determination of the director shall have priority in hearing and determination over all other civil proceedings pending in the court, except election contests.

 

27-4-408.� Director's finding final unless reviewed; payments in excess of prevailing rate not prohibited; hours of work not limited.

 

The findings of the director ascertaining and declaring the prevailing hourly rate of wages shall be final for the locality, unless reviewed as provided by law. Nothing in this act, however, shall be construed to prohibit the payment to any workman employed on any public work of a sum exceeding the prevailing hourly rate of wages. Nothing in this act shall be construed to limit the hours of work which may be performed by any workman in any particular period of time.

 

27-4-409.� Hearing procedure.

 

The procedure before the director for hearing of objections shall be as provided in the Wyoming Administrative Procedure.

 

27-4-410.� Records of contractors.

 

The contractor and each subcontractor or the officer of the public body in charge of the project shall keep an accurate record showing the names and occupations of all workmen employed by them, in connection with the public work, and showing also the actual wages paid to each of the workmen, which record shall be open at all reasonable hours to the inspection of the director or the public body awarding the contract, its officers and agents.

 

27-4-411.� Workman's right to recover difference in wages.

 

Any workman who shall be paid for his services a sum less than the stipulated rates for work done under the contract, shall have a right of action for whatever difference there may be between the amount so paid and the rates provided by the contract, and shall be entitled to a reasonable attorney fee if successful.

 

27-4-412.� Penalty for violations.

 

Any officer, agent or representative of any public body who willfully violates, or omits to comply with any of the provisions of this act, and any contractor or subcontractor, or agent or representative thereof, doing public work who intentionally or willfully neglects to keep an accurate record of the names, occupation and actual wages paid to each workman employed by him, in connection with the public work, or who intentionally or willfully refuses to allow access to same at any reasonable hour to any person authorized to inspect same under this act, or who intentionally or willfully has failed to pay the prevailing hourly rate of wages, shall be punished by a fine not exceeding five hundred dollars ($500.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment when convicted by a court of competent jurisdiction.

 

27-4-413.� Inapplicability and exemptions.

 

The provisions of W.S. 27-4-401 through 27-4-413, are not applicable where in conflict with federal statutes, rules or regulations relating to prevailing wage determinations. All work and labor performed by prisoners, patients and other inmates of state penal, correctional and charitable institutions and city or county jails, are exempt from the provisions of this act. All work and labor performed by workmen regularly employed by the public body are exempt from the provisions of W.S. 27-4-401 through 27-4-413 if the cost of construction does not exceed twenty-five thousand dollars ($25,000.00).

 

ARTICLE 5 - COLLECTION OF UNPAID WAGES

 

27-4-501.� Definitions.

 

(a)� Whenever used in this act:

 

(i)� "Employer" means any individual, partnership, association, joint stock company, trust, corporation, labor organization, the administrator or executor of the estate of a deceased individual, or the receiver, trustee, or successor of any of the same, employing any person;

 

(ii)� "Employee" means any person who, under the usual common law rules applicable in determining the employer-employee relationship, has the status of an employee;

 

(iii)� "Wages" means compensation, including fringe benefits, for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission, or other basis;

 

(iv)� "Department" means the department of employment;

 

(v)� "This act" means W.S. 27-4-501 through 27-4-508.

 

27-4-502.� Claims for unpaid wages.

 

The department is hereby empowered to take claims for unpaid wages under the provisions of W.S. 27-4-101 and 27-4-104. The department in taking� a claim for unpaid wages as provided for in this act is not to exceed the sum of five hundred dollars ($500.00) or two (2) months wages, whichever is the greater, per employee per wage claim.

 

27-4-503.� Repealed By Laws 2001, Ch. 162, �2.

 

27-4-504.� Investigation and determination of unpaid wage claims; hearing; orders; collection of unpaid wages.

 

(a)� Upon receipt of a written claim for unpaid wages, the department shall process, investigate and determine the validity of the claim.

 

(b)� If either the employer or employee is aggrieved by the department's determination, the aggrieved party may request a fair hearing. The aggrieved party must file a written request for hearing within fifteen (15) calendar days of receipt of the department's determination. Upon receipt of a timely submitted request for hearing, the director shall appoint an independent hearing officer to conduct the fair hearing between the employer and employee. The fair hearing shall be conducted pursuant to the Wyoming Administrative Procedure Act. The hearing officer's determination shall constitute the director's final agency action.

 

(c)� Upon a finding by the hearing officer that the unpaid wage claim is valid and either the time for judicial review has passed or the decision has been affirmed by final judicial review, the department shall order the employer to pay the amount of unpaid wages due. The department's order is not appealable or subject to judicial review. The department shall,� with the assistance of the county attorney, initiate legal proceedings to collect the unpaid wages.

 

(d)� An employer's failure to comply with a department's order is punishable by a civil fine not to exceed two hundred dollars ($200.00) for each day the employer fails to comply with the order.

 

27-4-505.� County attorney to assist in collection of unpaid wages.

 

In suits commenced under this act where the employer failed to comply with the department's order to pay the unpaid wages due, the department shall refer the matter to the appropriate county attorney for enforcement of the department's order.

 

27-4-506.� Limitation on attempts to make payment of wages collected; unclaimed wages.

 

The department shall attempt for a period of not less than four (4) months from the date of the collection, to make payments of wages collected under this act to the persons entitled to the wages. Wages collected by the department which remain unclaimed for a period of more than four (4) months from the date of collection, shall be unclaimed property for purposes of W.S. 34-24-101 through 34-24-140.

 

27-4-507.� Tips and gratuities; unlawful to pay lower wage than that agreed upon; unlawful to fraudulently fail to pay fringe benefits agreed upon.

 

(a)� Tips and gratuities received by an employee or employees shall be the sole property of such employee or employees and not payable in whole or in part to the employer or any other person.

 

(b)� It shall be unlawful for any employer to pay to any employee a lower wage, salary, or compensation than that provided for or agreed upon by (1) a collective bargaining agreement; (2) a contract between the employer and employee. In no event shall a collective bargaining agreement or a contract provide for compensation lower than any applicable existing statute of this state.

 

(c)� Whenever an employer has agreed with any employee or his agent to provide or make payments to a health or welfare fund, pension fund, vacation plan, apprenticeship program, or other such employment benefits, it shall be unlawful for said employer to willfully, or with intent to defraud, fail to make the payments required by the terms of any such agreement.

 

27-4-508.� Agreements for reciprocal enforcement;� of claim to another state.

 

(a)� The department is hereby empowered to enter into agreements with agencies of other states or the federal government for the reciprocal enforcement and collection of wage claims if those states have a statute authorizing the same.

 

(b)� In the event the department has taken a wage claim for collection and the employer against which the claim has been filed has moved to another state, the department may refer the claim with the written approval of the employee to the proper agency of the other state for collection, provided that there is in existence at the time a reciprocal agreement with the state for the collection of claims. The department is also authorized to accept claims from other states for collection of wages from employers who have removed to Wyoming.

 

CHAPTER 5 - HOURS OF LABOR

 

27-5-101.� State and county employees; overtime compensation.

 

(a)� The period of employment of state and county employees is eight (8) hours per day and forty (40) hours per week which constitute a lawful day's and week's work respectively.

 

(b)� Except for employees whose maximum salary is remitted by statute, any state or county employee may be compensated at a rate one and one-half (1 1/2) times their regular compensation for each hour of service required to be performed in excess of eight (8) hours per day and forty (40) hours per week. If overtime compensation is paid pursuant to this section, no additional benefits, including compensatory time off, shall be allowed to the employee receiving the overtime compensation.

 

(c)� Overtime compensation may only be authorized by the appropriate employing governing body subject to the following:

 

(i)� For employees of the executive branch of state government, pursuant to rules and regulations of the human resources division of the department of administration and information. The human resources division shall specify what employees may receive overtime compensation, may require notification of an intent to pay overtime compensation preceding rendering of the additional services, and may prescribe any other limitations deemed desirable;

 

(ii)� For employees of the legislative branch of state government, pursuant to rules and regulations of the management council of the legislative service office or resolution of the legislature;

 

(iii)� For employees of the judicial branch of state government, pursuant to rules and regulations of the Wyoming supreme court;

 

(iv)� For county employees, pursuant to rules and regulations of the respective boards of county commissioners.

 

27-5-102.� Working day; mines generally.

 

(a)� The lawful working day in all underground mines is eight (8) hours per day, except:

 

(i)� In case of emergency;

 

(ii)� By mutual agreement between an employer and employee or employees' representative for a longer period of employment, but not to exceed sixteen (16) hours in any twenty-four (24) hour period.

 

27-5-103.� Repealed by Laws 1979, ch. 87, � 4.

 

27-5-104.� Repealed by Laws 1979, ch. 87, � 4.

 

27-5-105.� Repealed by Laws 1979, ch. 87, � 4.

 

27-5-106.� Repealed by Laws 1979, ch. 87, � 4.

 

27-5-107.� Repealed by Laws 1979, ch. 87, � 4.

 

27-5-108.� Punitive action prohibited; penalty.

 

Any employer who takes or threatens punitive action against any employee who refuses to work more than eight (8) hours in any twenty-four (24) hour period, except as provided by W.S. 27-5-102, is guilty of a misdemeanor and subject to the penalty provided by W.S. 27-5-110.

 

27-5-109.� Definitions.

 

(a)� As used in this act:

 

(i)� "Emergency" means any condition which, if not corrected immediately, will jeopardize:

 

(A)� Human life; or

 

(B)� Property.

 

(ii)� "Employer" means any owner, lessee, agent, operator or manager of any underground mine;

 

(iii)� "Punitive action" means to discharge, suspend or reprimand or threaten to discharge, suspend or reprimand, or diminish or threaten to diminish in any way any person's position or salary for refusing to work more than eight (8) hours in any twenty-four (24) hour period, in other than an emergency situation;

 

(iv)� "Working day" means eight (8) hours of employment in any twenty-four (24) hour period;

 

(v)� "This act" means W.S. 27-5-102, 27-5-108, 27-5-109 and 27-5-110.

 

27-5-110.� Penalties.

 

Any person who violates any of the provisions of this act is guilty of a misdemeanor and upon conviction, for each offense, shall be punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment for not more than six (6) months, or both.

 

CHAPTER 6 - EMPLOYMENT OF WOMEN AND CHILDREN

 

27-6-101.� Repealed by Laws 1996, ch. 8, � 1.

 

27-6-102.� Repealed by Laws 1996, ch. 8, � 1.

 

27-6-103.� Repealed by Laws 1996, ch. 8, � 1.

 

27-6-104.� Repealed by Laws 1996, ch. 8, � 1.

 

27-6-105.� Repealed by Laws 1996, ch. 8, � 1.

 

27-6-106.� Repealed by Laws 1996, ch. 8, � 1.

 

27-6-107.� Children; proof of age required; prohibited employment.

 

It shall be unlawful for any person, firm or corporation to employ, permit or allow any child under the age of fourteen (14) years to work at any gainful occupation except farm, domestic or lawn and yard service. To ensure that a child is of proper age to be employed under this section, every person, firm or corporation employing a child under sixteen (16) years of age shall procure and have on file where the child is employed, a form of proof of age as required under W.S. 27-6-108; provided however that under no circumstances shall any child under sixteen (16) years of age be employed in any occupation listed in W.S. 27-6-112 or in any occupation declared by the department of employment to be hazardous for children under sixteen (16) years of age.

 

27-6-108.� Children; proof of age required; inspection and form.

 

(a)� The proof of age required by W.S. 27-6-107 shall be made available for inspection by any official charged with the enforcement of laws regulating the employment of minors. The acceptable forms of proof of age include the following:

 

(i)� A duly attested birth certificate;

 

(ii)� A properly prepared immigration and naturalization form I-9 showing the age of the child; or

 

(iii)� Any other document showing the age of the child as approved by the department of employment.

 

(b)� Repealed By Laws 1997, ch. 182, � 2.

 

(c)� Repealed By Laws 1997, ch. 182, � 2.

 

27-6-109.� Repealed By Laws 1997, ch. 182, � 2.

 

 

27-6-110.� Children; hours of labor.

 

(a)� No child under sixteen (16) years of age shall be employed, permitted or suffered to work at any gainful occupation except farm or domestic service, for more than eight (8) hours in any twelve (12) hour period, or before the hour of five (5:00) o'clock a.m. or after the hour of ten (10:00) o'clock p.m. on nights followed by a school day, or after the hour of twelve (12:00) midnight on days which are not followed by a school day.

 

(b)� Provided however that children between the ages of fourteen (14) and sixteen (16) years who are not enrolled in school may be employed at any gainful occupation for an eight (8) hour period between the hours of five (5:00) a.m. and twelve (12:00) midnight of any one (1) day.

 

27-6-111.� Children; employment during school prohibited.

 

No child under the age of sixteen (16) who is enrolled in any private or public school in the state of Wyoming shall be employed, permitted, or suffered to work at any occupation or service during the time that the classes of said school in which the said child is enrolled are in session.

 

27-6-112.� Children; prohibition of employment in certain occupations.

 

(a)� No child under sixteen (16) years of age shall be employed, permitted, or allowed to work at, in, or in connection with any of the following occupations, or at any of the following kinds of work except for the purpose of instruction in the public schools:

 

(i)� The operation of or working on heavy construction equipment;

 

(ii)� Employment requiring contact with or exposure to explosives or dangerous chemicals; or in any other occupation declared by the department of employment as hazardous, for the employment of children under sixteen (16) years of age.

 

(b)� The department of employment is hereby authorized to declare any occupation hazardous for the employment of children under sixteen (16) years of age.

 

27-6-113.� Children; penalty for violations.

 

 

(a)� Any person employing any child or children in violation of the provisions of this act, or any child, subject hereto, who willfully and intentionally violates the provisions of this act, or any person who permits a violation, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined not more than seven hundred fifty dollars ($750.00) or imprisoned in the county jail not more than one hundred (100) days, or both, in the discretion of the court.

 

(b)� Nothing in this act applies to or prevents a child under fourteen (14) years of age to be employed in a nonhazardous occupation outside of school hours by his parents, grandparents or legal guardian, or by a business owned by his parents, grandparents or legal guardian.

 

27-6-114.� Employment of children under 16 in amusement, immoral or dangerous pursuits forbidden; exceptions.

 

(a)� It is unlawful for any person having the care, custody or control of any child under the age of sixteen (16) years to:

 

(i)� Exhibit, use or employ that child:

 

(A)� As an actor or performer in any concert hall or room where alcoholic liquors and malt beverages are sold or given away except as provided in subsection (b) of this section;

 

(B)� For any illegal or immoral purpose;

 

(C)� For any business or in any place, situation, exhibition or vocation injurious to the morals, health or safety of the child.

 

(ii)� Cause, procure or encourage a child to engage in any practice specified in paragraph (a)(i) of this subsection.

 

(b)� Nothing in this section applies to or prevents:

 

(i)� The employment or use of any child as:

 

(A)� A singer or musician in any church, school or academy;

 

(B)� A dishwasher, busboy or delivery person in a place where alcoholic liquors and malt beverages are sold.

 

(ii)� The teaching or learning of the science or practice of music;

 

(iii)� The physical development of a child's body in any respectable gymnasium or natatorium;

 

(iv)� Children from taking part in amateur entertainments or theatricals for charity, or not for profit, in schools, churches, settlement houses or boys' or girls' clubs.

 

27-6-115.� Repealed by Laws 1996, ch. 8, � 1.

 

27-6-116.� Penalties for violations of certain provisions.

 

Any person, firm or corporation, employing any child in violation of the provisions of this act, or permitting, or conniving at such violation, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) or imprisoned in the county jail not less than thirty (30) days nor more than ninety (90) days, or by both such punishments, in the discretion of the court.

 

CHAPTER 7 - LABOR UNIONS; DISPUTES AND INJUNCTIONS; RIGHT TO WORK

 

27-7-101.� Policy of state; organized labor permitted.

 

It is hereby declared to be the policy of the state of Wyoming that workers have the right to organize for the purpose of protecting the freedom of labor, and of bargaining collectively with employers of labor for acceptable terms and conditions of employment, and that in the exercise of the aforesaid rights, workers should be free from the interference, restraint or coercion of employers of labor, or their agents in any concerted activities for their mutual aid or protection.

 

27-7-102.� Issuance of injunctions limited by public policy.

 

No court of the state of Wyoming shall have jurisdiction to issue any restraining order or temporary or permanent injunction contrary to the public policy declared in this chapter.

 

27-7-103.� Acts not subject to be enjoined.

 

(a)� No court of the state of Wyoming shall have jurisdiction to issue any restraining order or temporary or permanent injunction in any case involving or growing out of any labor dispute to prohibit any person or persons participating or interested in such dispute from doing, whether singly or in concert, any of the following acts:

 

(i)� Ceasing or refusing to perform any work or to remain in any relation of employment;

 

(ii)� Becoming or remaining a member of any labor organization or of any employer organization;

 

(iii)� Paying or giving to, or withholding from, any person participating or interested in such labor dispute, any strike or unemployment benefits or insurance, or other moneys or things of value;

 

(iv)� By all lawful means aiding any person participating or interested in any labor dispute who is being proceeded against in, or is prosecuting, any action or suit in any court of the United States or of any state;

 

(v)� Giving publicity to the existence of, or the facts involved in, any labor dispute, whether by advertising, speaking, patrolling, or by any other method not involving fraud or violence;

 

(vi)� Assembling peaceably to act or to organize to act in promotion of their interests in a labor dispute;

 

(vii)� Advising or notifying any person of an intention to do any of the acts heretofore specified;

 

(viii)� Agreeing with other persons to do or not to do any of the acts heretofore specified; and