Title 27 — Title 27 — Labor And Employment

(a) Definitions. 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 port…

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 em…

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 ac…

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) o…

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 t…

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.…

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 contri…

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…

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 contribu…

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…

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…

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 …

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

procedure. Action for recovery of payments under protest; 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 th…

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 ref…

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 comple…

Electronic delivery of information. Whenever this article requires any determination, decision or notice to be transmitted through the mail, the determination, decision or notice may be transmitted by an internet application approved by the department but only upon an election by…

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 workforce services and shall consist of three (3) members serving a …

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 workforce services and the department, in accordance with law, may make expenditures, require reports, ma…

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 o…

[Repealed or reserved.]

services. Repealed by Laws 1990, ch. 63, § 3. Responsibilities of department of workforce (a) The department of workforce services shall administer the unemployment compensation program in this state. (b) Repealed By Laws 2002, Ch. 100, § 4. (c) Repealed By Laws 2002, Ch. 100, § …

reemployment. Department duties regarding unemployment and (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) Re…

Cooperation by department with federal, state and local 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…

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 servic…

actions. Legal representation in civil and criminal (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 violatio…

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, …

procedures. Maintenance of records by department; 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 …

by employees. Financing of contributions or waiver of rights 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 und…

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 t…

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 …

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…

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 …

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…

(a) Definitions. As used in this article: (i) "Affected unit" means a specified plant, department, shift or other definable unit of an employer that includes two (2) or more employees to which an approved short time compensation plan applies; (ii) "Director" means the director of…

Participation in the short time compensation program; director approval. (a) An employer seeking to participate in the short time compensation program shall submit a signed written short time compensation plan in a form acceptable to the department for approval by the director. N…

Approval of a short time compensation plan. The director shall approve or deny a short time compensation plan submitted by an employer within thirty (30) days of receipt of the plan and promptly notify the employer of the decision. A decision denying a plan shall clearly identify…

Effective date and duration of the short time compensation plan. (a) An approved short time compensation plan shall be effective on the date that is mutually agreed upon by the employer and the director. The plan shall expire at the end of the twelfth full calendar month after th…

Modification of an approved short time compensation plan. (a) An employer may request a substantial modification of an approved short time compensation plan by submitting a written request to the department. The request shall specify the proposed provisions to be modified and exp…

approval. Revocation of short time compensation plan (a) The director may revoke approval of a short time compensation plan for good cause at any time including upon the request of any of the affected unit's employees. Good cause shall include an employer's failure to comply with…

benefits. Eligibility for short time compensation (a) An employee shall only be eligible to receive short time compensation with respect to any week if: (i) The employee is monetarily eligible for unemployment compensation; (ii) The employee is not otherwise disqualified for unem…

Benefits. (a) The short time compensation weekly benefit amount available to employees under an approved plan shall be the product of the employee's regular weekly unemployment compensation amount for a week of total unemployment multiplied by the percentage of reduction in the e…

Charging short time compensation benefits. Short time compensation shall be charged to employers' experience rating accounts in the same manner as unemployment compensation is charged under this act. The department may relieve an employer of charges or not require reimbursement f…

Extended benefits. An employee who has received all of the short time compensation or combined unemployment compensation and short time compensation available in a benefit year shall be considered an exhaustee for purposes of extended benefits as provided under W.S. 27-3-315 and …

Reporting requirements. Not later than November 1 of each year until November 1, 2026, the department shall report to the joint appropriations committee on the short time compensation program established pursuant to this article. The report shall describe the administration of th…