Title 27 — Title 27 — Labor And Employment

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…

(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…