Title 27, Labor And Employment

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…

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 four thousand dollars ($4,000.00) in any month as a result of conductin…

Nonresident employers to post bond; penalty. Any person or persons, corporation, agent, manager or employer who shall violate or fail to comply with 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,…

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 workforce services is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one thousand dollars ($1,…

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 workforce services or a final agency decision of the department of workforce services prosecute to termination before a…

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 ind…

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 rehabilit…

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.

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…

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 e…

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…

Business relationship between franchisors and franchisees; business relationship between franchisors and employees of franchisees. (a) Neither a franchisee nor a franchisee's employee shall be deemed to be an employee of the franchisor for any purpose under this title, unless oth…

Portable benefit accounts. (a) As used in this section: (i) "Financial institution" means any bank, savings and loan association or credit union chartered under the laws of Wyoming, the laws of the United States or the laws of another territory or state of the United States that …

Duties of department of workforce services. (a) The department of workforce services 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 …

Report to governor; statistics and information required. (a) The department of workforce services 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)…

Right of entry. The director of the department of workforce services 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…

Examination of witnesses. (a) The director of the department of workforce services 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 par…

Sale of office publications; exception. The department of workforce services 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.

Sale of office publications; limitation on charges. The charges made by the department of workforce services shall not exceed the cost of materials, printing, duplication, packaging and postage.

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

Definitions generally. (a) 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) 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 asse…

"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…

"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 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) 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…

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 sec…

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…

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 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…

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 tru…

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…

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 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…

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 yea…