Title 27 — Title 27 — Labor And Employment

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

(a) Definitions generally. Except as otherwise provided, 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 spec…

"Employer" defined; qualifications; employment services in other states included. (a) unit: As used in this act, "employer" means any employing (i) For whom a worker performs service as an employee; (ii) Acquiring the organization, business, trade or substantially all of the asse…

(a) "Employment" defined; generally; exceptions. 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…

"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 s…

"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 …

"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 harves…

Services excluded from scope of employment. (a) Employment under this act performed: does not include service (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) Fo…

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.

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 revenu…

Administration of fund. (a) The department 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. The state treasurer shall maintain a clearing account, an u…

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, p…

(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 rece…

Employment security administration account. (a) The employment security administration account is established and shall be administered by the department. The department, with receipt and acknowledgement submitted to the state treasurer, may deposit funds within the account separ…

reports. Replacement of certain funds; how implemented; 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 feder…

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 repl…

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…

established. State unemployment insurance trust fund (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 tru…

Repealed By Laws 2002, Ch. 100, § 4.

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 department, with receipt and acknowledgement submitted to the state treasurer. The st…

(a) Definitions. 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 recen…

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 ben…

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…

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, wh…

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 describe…

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 s…

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 a…

(a) service: Services excluded for eligibility. An individual is not eligible for benefits based on (i) In an instructional, research or principal administrative capacity for an educational institution for any week of unemployment beginning between two (2) successive academic yea…

required. Eligibility of aliens; standard of proof (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 fo…

compensation. Eligibility after receiving worker's 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 inju…

forfeiture. Disqualifications from entitlement; grounds; (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-employe…

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 …

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 s…

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…

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 …

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 elig…

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…

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.

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 individ…

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 federa…

Disclosure of supplemental nutrition assistance program 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 …

Filing notice and electronic communications. (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 benefi…

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 reason…

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…

Determination; review by commission; disposition; notice; reconsideration. (a) The commission may within twenty-eight (28) 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 a…

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 …

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…

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 cou…

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…

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…