§ 27-1-101. “Manufacturing establishment” defined; “person” defined.

Manufacturing establishments, as those words are used in this act [§§ 27-1-101 through 27-1-104 , 27-1-108 , 27-1-109 , 27-2-104 , 27-2-105 , 27-2-108 , 27-2-109 ], 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.

History. Laws 1917, ch. 113, § 8; C.S. 1920, § 268; R.S. 1931, § 109-1208; C.S. 1945, § 54-309; W.S. 1957, § 27-1.

Meaning of “this act.” —

The term “this act” as used in this section, apparently refers to Laws 1917, ch. 113, which appears as §§ 27-1-101 through 27-1-104 , 27-1-108 , 27-1-109 , 27-2-104 , 27-2-105 , 27-2-108 and 27-2-109 .

Am. Jur. 2d, ALR and C.J.S. references. —

Reasonableness of qualifications for Union Office under § 401(e) of Labor-Management Reporting and Disclosure Act (29 U.S.C. § 481(e), 147 ALR Fed 389.

§ 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. The department of workforce services shall have authority to enforce by due process of law, the provisions of this section, and other laws relating to fire escapes.

History. Laws 1917, ch. 113, § 6; C.S. 1920, § 266; R.S. 1931, § 109-1206; C.S. 1945, § 54-307; W.S. 1957, § 27-2; 2014, ch. 79, § 1.

The 2014 amendment, in the last sentence, substituted “The department of workforce services” for “And he.”

Laws 2014, ch. 79, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyoming Constitution. Approved March 10, 2014.

Editor's notes. —

The reference in the last sentence to “he” appears to be a reference to the commissioner of labor and statistics, as established in former § 27-2-101 . For present provisions relating to duties of department of employment, see § 27-2-104 .

Am. Jur. 2d, ALR and C.J.S. references. —

Liability for injuries in connection with revolving door on nonresidential premises, 93 ALR3d 132.

§ 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 department of workforce services for the proper safeguard of life and limb.

History. Laws 1917, ch. 113, § 7; C.S. 1920, § 267; R.S. 1931, § 109-1207; C.S. 1945, § 54-308; W.S. 1957, § 27-3; 2014, ch. 79, § 1.

The 2014 amendment, in the last sentence, substituted “department of workforce services” for “commissioner of labor.”

Laws 2014, ch. 79, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyoming Constitution. Approved March 10, 2014.

Editor's notes. —

The reference in the last sentence to the “commissioner of labor” was probably intended to be to the commissioner of labor and statistics, as established in former § 27-2-101 . For present provisions relating to duties of department of employment, see § 27-2-104 .

§ 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.

History. Laws 1917, ch. 113, § 17; C.S. 1920, § 277; R.S. 1931, § 109-1217; Laws 1933, ch. 116, § 1; C.S. 1945, § 54-318; W.S. 1957, § 27-4.

Cross references. —

As to safety regulations in mining operations generally, see §§ 30-2-101 through 30-3-509 .

As to railroads generally, see §§ 37-9-101 through 37-10-105 .

Repealing clauses. —

Section 18, ch. 113, Laws 1917, repealed all laws and parts of laws in conflict 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.

History. Laws 1890-91, ch. 28, § 1; R.S. 1899, § 2522; C.S. 1910, § 3430; C.S. 1920, § 4306; R.S. 1931, § 63-123; C.S. 1945, § 54-901; W.S. 1957, § 27-5.

Cross references. —

For provision that agreements to waive, assign, etc., benefits under unemployment compensation shall be void and providing a penalty therefor, see §§ 27-3-319 and 27-3-701 .

For provision prohibiting contracts, rules, regulations, etc., restricting liability under worker's compensation law, see § 27-14-104(b).

For constitutional provision that no law shall be enacted limiting the amount of damages to be recovered for causing the injury or death of any person, and providing that any contract or agreement with any employee waiving any right to recover damages for causing the death or injury of any employee shall be void, see art. 10, § 4, Wyo. Const.

For provision prohibiting contracts exempting employer from liability for personal injuries, see art. 19, § 7, Wyo. Const.

Stipulation as to amount of benefits payable by employer heldvalid. —

A stipulation entered into between an employee and his employer settling the amount of worker's compensation benefits the employer would pay for the employee's injury was valid. In re Injury to Lea, 707 P.2d 754, 1985 Wyo. LEXIS 592 (Wyo. 1985).

Agreement to submit disputes concerning injury and workers'compensation benefits to arbitration. —

Employee's agreement to submit disputes concerning injury and workers' compensation benefits to arbitration was not unenforceable under constitutional provision or statute, where there was no evidence that employer conditioned employment on employee's assent to any release of liability, and employer in fact accepted liability for employee's injuries through its workers' compensation plan. Gibson v. Wal-Mart Stores, Inc., 181 F.3d 1163, 1999 U.S. App. LEXIS 14114 (10th Cir. Wyo. 1999).

Welder controlled by employer deemed employee, although designatedby document as independent contractor. —

Where claimant was a rig welder — meaning that he had a truck unit welder and hired out within the oil patch industry on an hourly basis for himself and his truck, which supplied all equipment required to perform general welding services —, he was engaged in some prefabrication and assembly completed in the general contractor's yard prior to field installation (after welding-skill testing by the owner) when injured, and the general contractor attempted to treat him differently than it did other employees with respect to federal income tax withholding, federal social security, unemployment, worker's compensation, health insurance and retirement plans, but in all other aspects he was subject to the same kind of control as any other employee, the trial court's decision that he was a covered employee was affirmed, although a document designated him as an independent contractor. Flint Eng'g & Constr. Co. v. Richardson, 726 P.2d 511, 1986 Wyo. LEXIS 624 (Wyo. 1986).

Applied in

Herring v. Welltech, Inc., 715 P.2d 553, 1986 Wyo. LEXIS 509 (Wyo. 1986).

Am. Jur. 2d, ALR and C.J.S. references. —

What constitutes duress by employer or former employer vitiating employee's release of employer from claims arising out of employment, 30 ALR4th 294.

Landlord's tort liability to tenant for personal injury or property damage resulting from criminal conduct of employee, 38 ALR4th 240.

Apportionment of liability between landowners and assailants for injuries to crime victims, 54 ALR5th 379.

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

1. 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 conducting business within Wyoming, are required to file with the director of the department of workforce services a surety bond or other security meeting the requirements of this section, approved by the director.
2. The bond or other security required by subsection (a) of this section shall be in the amount of eight thousand dollars ($8,000.00) plus an additional two thousand dollars ($2,000.00) for each one thousand dollars ($1,000.00) or fraction thereof that the expected wages in any month exceed four thousand dollars ($4,000.00) up to expected wages in any month of twenty thousand dollars ($20,000.00). For expected wages in any month that exceed twenty thousand dollars ($20,000.00), the bond or other security amount shall be one thousand dollars ($1,000.00) for each additional one thousand dollars ($1,000.00) or fraction thereof of expected wages.
3. The bond or security  provided for in this section shall ensure:
   1. The payment of wages of employees working in the state;
   2. The payment of civil penalties the occupational health and safety commission may assess; and
   3. All other  payments or obligations of the nonresident employer required by:
      1. The Wyoming Worker’s Compensation Act unless waived by the director pursuant to W.S. 27-14-302 ;
      2. Any other section under title 27 of Wyoming statutes or any department of workforce services rule or regulation.
4. The nonresident employer shall post additional security before performing work under any new contract if the security previously posted under this section has expired.
5. Upon application by a nonresident employer, the director may permit the withdrawal of any security if the employer has:
   1. Complied with the security requirements of this section and made all necessary payments for a period of two (2) years;
   2. Demonstrated that he has been a resident of the state for two (2) years and intends to remain a resident; or
   3. 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.
6. 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.
7. This section does not apply to charitable or religious organizations.

History. Laws 1957, ch. 221, § 1; W.S. 1957, § 27-6; Laws 1961, ch. 151, § 1; 1967, ch. 30, § 1; 1989, ch. 122, § 1; 1991, ch. 93, § 1; 1993, ch. 163, § 1; 2006, ch. 2, § 1; 2012, ch. 1, § 1; 2017, ch. 71, § 1; 2018, ch. 39, § 1.

Cross references. —

As to nonresident employers with respect to worker's compensation law, see art. 3 of ch. 14 of this title.

The 2006 amendment, effective July 1, 2006, added “unless waived by the director pursuant to W.S. 27-14-302 .” in (c)(ii).

The 2012 amendment, effective July 1, 2012, substituted “workforce services” for “employment” in (a).

The 2017 amendment, effective July 1, 2017, in (b), substituted “twenty thousand dollars ($20,000.00) plus an additional two thousand dollars ($2,000.00)” for “ten thousand dollars ($10,000.00) plus an additional one thousand dollars ($1,000.00)”; added (c)(ii); renumbered former (c)(ii) as (c)(iii); added (c)(iii)(A) and (c)(iii)(B); and made related changes.

The 2018 amendment, effective July 1, 2018, in (a), substituted “four thousand dollars ($4,000.00) in any month” for “ten thousand dollars ($10,000.00) monthly or one hundred twenty thousand dollars ($120,000.00) annually” and deleted “and the attorney general” at the end; and in (b), substituted “eight thousand dollars ($8,000.00)” for “twenty thousand dollars ($20,000.00),” “one thousand dollars ($1,000.00)” for “one hundred twenty thousand dollars ($120,000.00),” and “in any month exceed four thousand dollars ($4,000.00) up to expected wages in any month of twenty thousand dollars ($20,000.00)" for "wages exceed one hundred twenty thousand dollars (120,000.00)," and added the last sentence.

§ 27-1-107. 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, be subject to a fine of not more than one thousand dollars ($1,000.00), imprisonment for not more than one (1) year, or both.

History. Laws 1957, ch. 221,§ 2; W.S. 1957, § 27-7; Laws 1989, ch. 122, § 1; 2017, ch. 71, § 1.

The 2017 amendment, effective July 1, 2017, added “or fail to comply with” following “violate”, and substituted “one thousand dollars ($1000.00)” for “seven hundred fifty dollars ($750.00).”

§ 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 workforce services 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.

History. Laws 1917, ch. 113, § 16; C.S. 1920, § 276; R.S. 1931, § 109-1216; C.S. 1945, § 54-317; W.S. 1957, § 27-8; Laws 1989, ch. 122, § 1; 2001, ch. 162, § 1; 2012, ch. 1, § 1.

The 2012 amendment, effective July 1, 2012, substituted “workforce services” for “employment.”

Meaning of “this act.” —

The term “this act,” as used in this section, apparently refers to Laws 1917, ch. 113, which appears as §§ 27-1-101 through 27-1-104 , 27-1-108 , 27-1-109 , 27-2-104 , 27-2-105 , 27-2-108 and 27-2-109 .

§ 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 workforce services or a final agency decision of the department of workforce services 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.

History. Laws 1917, ch. 113, § 11; C.S. 1920, § 271; R.S. 1931, § 109-1211; C.S. 1945, § 54-312; W.S. 1957, § 27-9; Laws 1981, Sp. Sess., ch. 22, § 1; 2001, ch. 162, § 1; 2012, ch. 1, § 1.

The 2012 amendment, effective July 1, 2012, substituted “workforce services” for “employment” twice.

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

1. 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:
   1. At least one (1) representative of the statewide independent living council;
   2. At least one (1) representative of a parent training and information center;
   3. At least one (1) representative of the client assistance program;
   4. At least one (1) vocational rehabilitative counselor;
   5. At least one (1) representative of community rehabilitation program service providers;
   6. Four (4) representatives of business, industry and labor;
   7. At least two (2) representatives of disability advocacy groups;
   8. At least two (2) current or former applicants of vocational rehabilitation services;
   9. The administrator of the division of vocational rehabilitation;
   10. At least one (1) representative of the department of education;
   11. At least one (1) representative of the state workforce investment board.
2. The director of the department of workforce services shall be an ex officio, nonvoting member of the state rehabilitation council.
3. A majority of council members shall be persons who are:
   1. Individuals with disabilities;
   2. Not employed by the division of vocational rehabilitation.
4. 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 .

History. Laws 1967, ch. 135, § 1; W.S. 1957, § 27-9.1; Laws 1987, ch. 175, § 1; 1990, ch. 63, § 2; 2010, ch. 65, § 1.

Cross references. —

As to education of the handicapped, see §§ 21-2-501 , 21-2-502 .

The 2010 amendment, effective July 1, 2010, rewrote (a); and added (b) and (c).

Editor's notes. —

Laws 2010, ch. 65, § 2, provides:

“(a) It is the intention and direction of the legislature that:

“(i) All duties of the governor's office with respect to the Serve Wyoming, governor's council for employment and rehabilitation of the handicapped and the displaced worker and education programs be transferred to the department of workforce services;

“(ii) All unexpended funds not otherwise obligated and any other property, if any, of the governor's office exclusively dedicated to the Serve Wyoming, governor's council for employment and rehabilitation of the handicapped and the displaced worker and education programs be transferred to the department of workforce services;

“(iii) Any contract, agreement or obligation entered into or assumed by the governor's office with respect to the Serve Wyoming, governor's council for employment and rehabilitation of the handicapped and the displaced worker and education programs, if the execution or assumption was within the lawful powers of the governor's office, be assumed by the department of workforce services;

“(iv) Any policy adopted by the governor's office with respect to the Serve Wyoming, governor's council for employment and rehabilitation of the handicapped and the displaced worker and education programs remain in effect unaltered as policy of the department of workforce services until amended or repealed by the department of workforce services.”

Am. Jur. 2d, ALR and C.J.S. references. —

What constitutes handicap under state legislation forbidding job discrimination on account of handicap, 82 ALR4th 26.

When must Employer offer qualified disabled employee or applicant opportunity to change employee's workplace or work at home as means of fulfilling reasonable accommodation requirement, 133 ALR Fed 521.

§ 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 [§§ 27-1-110 through 27-1-112 ].

History. Laws 1967, ch. 135, § 2; W.S. 1957, § 27-9.2; Laws 1990, ch. 63, § 2; 2010, ch. 65, § 1.

The 2010 amendment, effective July 1, 2010, substituted “department of workforce services” for “department of employment.”

§ 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.

History. Laws 1967, ch. 135, § 3; W.S. 1957, § 27-9.3; Laws 1990, ch. 63, § 2; 2010, ch. 65, § 1.

The 2010 amendment, effective July 1, 2010, substituted “department of workforce services” for “department of employment.”

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

1. 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.
2. 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.

History. Laws 1996, ch. 108, § 1.

§ 27-1-114. Temporary employment fees.

1. 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.
2. 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.

History. Laws 1996, ch. 9, § 1.

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

1. 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:
   1. Provide information to the department of family services as necessary to:
      1. Locate individuals for purposes of establishing paternity and establishing, modifying and enforcing child support obligations;
      2. Notify employers of wage withholding orders.
   2. Provide information to the national directory of new hires; and
   3. Maintain information as necessary for the administration of employment security and worker’s compensation programs.
2. Except as provided in subsection (c) of this section, each employer in the state shall furnish to the department of workforce services 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, the date services for remuneration were first performed by 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.
3. 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.
4. For purposes of this section:
   1. “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;
   2. “Employer” means as defined in section 3401(d) of the Internal Revenue Code of 1986 and includes any governmental agency and any labor organization;
   3. “Newly hired employee” means an individual who has not previously been employed by the employer or was previously employed by the employer but has been separated from employment with that employer for at least sixty (60) days.
5. 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.

History. Laws 1998, ch. 25, § 1; 2012, ch. 1, § 1; ch. 47, § 1.

The 2012 amendments.—

The first 2012 amendment, by ch. 1, § 1, effective July 1, 2012, substituted “workforce services” for “employment” in the first sentence of (b).

The second 2012 amendment, by ch. 47, § 1, effective July 1, 2012, inserted “the date services for remuneration were first performed by the employee” in (b); and added (d)(iii).

While neither amendment gave effect to the other, both have been set out as reconciled by the legislative service office.

Editor's notes. —

Chapter 24 of the Internal Revenue Code is codified as 26 U.S.C. § 3401 et seq.

27-1-116. Business relationship between franchisors and franchisees; business relationship between franchisors and employees of franchisees.

1. 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 otherwise agreed to in writing by the franchisor and the franchisee.
2. This section shall not apply to a voluntary agreement entered into between the United States department of labor and a franchisee.
3. As used in this section, “franchisee” and “franchisor” have the same definitions as set out in 16 C.F.R. 436.1.

History. Laws 2017, ch. 178, § 1.

Effective date. —

Laws 2017, ch. 178, § 2, makes the act effective July 1, 2017.

§§ 27-2-101 through 27-2-103. [Repealed.]

Repealed by Laws 1990, ch. 63, § 3.

Editor's notes. —

These sections, which derived from Laws 1917, ch. 113, §§ 1 through 3, related to the commissioner of labor and statistics.

§ 27-2-104. Duties of department of workforce services.

1. The department of workforce services shall:
   1. 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;
   2. Repealed by Laws 2001, ch. 162, § 2.
   3. Make necessary inspections of industrial establishments and buildings as provided by law;
   4. 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
   5. To promulgate reasonable rules.
2. Repealed by Laws 2002, Sp. Sess., ch. 100, § 4.

History. Laws 1917, ch. 113, § 4; 1919, ch. 31, § 2; C.S. 1920, § 264; R.S. 1931, § 109-1204; C.S. 1945, § 54-304; W.S. 1957, § 27-13; Laws 1973, ch. 215, § 1; 1990, ch. 63, § 2; ch. 71, § 1; 1999, ch. 43, § 1; 2001, ch. 162, §§ 1, 2; 2002 Sp. Sess., ch. 100, § 4; 2012, ch. 1, § 1.

The 2012 amendment, effective July 1, 2012, substituted “workforce services” for “employment” in the introductory language of (a).

Scope of commissioner's power. —

The grant of power to the commissioner does not include jurisdiction to decide what wages are lawfully due in a disputed matter and override a contract of employment. McNeill v. Park County Sch. Dist., 635 P.2d 818, 1981 Wyo. LEXIS 389 (Wyo. 1981) (decided prior to 1990 amendments).

Am. Jur. 2d, ALR and C.J.S. references. —

Application of state law to age discrimination in employment, 96 ALR3d 195.

Application of state law to age discrimination in employment, 51 ALR5th 1.

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

1. The department of workforce services shall collect, classify, have printed and submit to the governor in its annual report the following statistics:
   1. The hours of labor and number of sex engaged in manual labor;
   2. The aggregate and average daily wages classified by sex and occupation;
   3. The number and character of accidents;
   4. The working conditions of all industrial establishments (including manufacturing establishments, hotels, stores, workshops, theaters, halls and other places where labor is employed);
   5. Other information relating to industrial, economic, social, educational, moral and sanitary conditions of the workers; and
   6. The results of its inspection of industrial establishments.

History. Laws 1917, ch. 113, § 5; C.S. 1920, § 265; R.S. 1931, § 109-1205; C.S. 1945, § 54-305; W.S. 1957, § 27-14; Laws 1973, ch. 215, § 1; 1990, ch. 63, § 2; 2006, ch. 114, § 1; 2012, ch. 1, § 1.

Cross references. —

As to duty of state board of health to investigate and report on health of workers and working conditions, see §§ 35-1-501 through 35-1-503 .

The 2006 amendment, added “and” at the end of (a)(v); and made a related change.

Laws 2006, ch. 114, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2006.

The 2012 amendment, effective July 1, 2012, substituted “workforce services” for “employment” in the introductory language of (a).

Conflicting legislation. —

Laws 2006, ch. 114, § 3, provides: “[A]ny other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§§ 27-2-106 and 27-2-107. [Repealed.]

Repealed by Laws 1990, ch. 63, § 3.

Editor's notes. —

These sections, which derived from Laws 1957, ch. 221, §§ 1 and 2, related to the posting of bond by a nonresident employer.

§ 27-2-108. 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 labor is employed, rooms are rented to the public, or machinery is used, for the purpose of enforcing the provisions of this act.

History. Laws 1917, ch. 113, § 9; C.S. 1920, § 269; R.S. 1931, § 109-1209; C.S. 1945, § 54-310; W.S. 1957, § 27-17; Laws 1990, ch. 63, § 2; 2012, ch. 1, § 1.

The 2012 amendment, effective July 1, 2012, substituted “workforce services” for “employment.”

Meaning of “this act.” —

“This act,” referred to in this section, means Laws 1917, ch. 113, §§ 1 through 17, which appear as §§ 27-1-101 through 27-1-104 , 27-1-108 , 27-1-109 , 27-2-104 , 27-2-105 , 27-2-108 and 27-2-109 .

§ 27-2-109. Examination of witnesses.

1. 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 part of this state.
2. through (f) Repealed by Laws 1990, ch. 63, § 3; ch. 71, § 2.
3. Except as otherwise provided by law, final agency decisions of the department of workforce services 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 workforce services 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.

History. Laws 1917, ch. 113, § 10; C.S. 1920, § 270; R.S. 1931, § 109-1210; C.S. 1945, § 54-311; W.S. 1957, § 27-18; Laws 1961, ch. 202, § 1; 1990, ch. 63, §§ 2, 3; ch. 71, § 1, 2; 2001, ch. 162, § 1; 2012, ch. 1, § 1; 2017, ch. 41, § 1.

Cross references. —

As to officers authorized to administer oaths generally, see § 1-2-102 .

The 2012 amendment, effective July 1, 2012, substituted “workforce services” for “employment” in (a) and (g).

The 2017 amendment, effective July 1, 2017, in the middle of (g), substituted “department of workforce services” for “department of employment.”

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

§ 27-2-110. [Repealed.]

Repealed by Laws 1990, ch. 63, § 3.

Editor's notes. —

This section, which derived from Laws 1917, ch. 113, § 14, related to the salary of the commissioner of labor and statistics, and the deputy commissioner.

§ 27-2-111. [Repealed.]

Repealed by Laws 2002, Sp. Sess., ch. 100, § 4.

This section, which derived from Laws 1933, Sp. Sess. ch. 24, § 1, designated the director of the department as its agent to implement the federal employment acts.

§ 27-2-112. 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.

History. Laws 1965, ch. 34, § 1; W.S. 1957, § 27-21.1; Laws 1990, ch. 63, § 2; 2012, ch. 1, § 1.

Cross references. —

As to the reference to a biennial report, see § 27-2-105 . The department of employment is not required to file a biennial report, only an annual report.

The 2012 amendment, effective July 1, 2012, substituted “workforce services” for “employment.”

§ 27-2-113. 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.

History. Laws 1965, ch. 34, § 2; W.S. 1957, § 27-21.2; Laws 1990, ch. 63, § 2; 2012, ch. 1, § 1.

The 2012 amendment, effective July 1, 2012, substituted “workforce services” for “employment.”

§ 27-2-114. [Repealed.]

Repealed by Laws 1990, ch. 63, § 3.

Editor's notes. —

This section, which derived from Laws 1965, ch. 34, § 3, related to the disposition of funds from the sale of office publications.

§ 27-3-101. Short title.

This act [§§ 27-3-101 through 27-3-704 ] is and may be cited as the “Wyoming Employment Security Law”.

History. Laws 1937, ch. 113, § 1; 1941, ch. 96, § 1; C.S. 1945, § 54-101; W.S. 1957, § 27-22; Laws 1971, ch. 253, § 1; 1983, ch. 114, § 1.

Constitutionality. —

The Unemployment Compensation Act was held not unconstitutional for failure to include all employers on taxable list, particularly for exempting farmers and ranchers. Unemployment Compensation Comm'n v. Renner, 59 Wyo. 437, 143 P.2d 181, 1943 Wyo. LEXIS 25 (Wyo. 1943).

The Unemployment Compensation Act was held not unconstitutional because it placed burden of providing economic security upon employers only, as distinction exists between employers and employees generally. Unemployment Compensation Comm'n v. Renner, 59 Wyo. 437, 143 P.2d 181, 1943 Wyo. LEXIS 25 (Wyo. 1943).

The Unemployment Compensation Act did not violate art. 1, § 34, Wyo. Const., since the constitutional provision was satisfied by the statute applying uniformly within a class of persons, based on reasonable distinction, or objects of reasonable class, and operating the same in all parts of the state under the same circumstances. Unemployment Compensation Comm'n v. Renner, 59 Wyo. 437, 143 P.2d 181, 1943 Wyo. LEXIS 25 (Wyo. 1943).

Provisions of the Unemployment Compensation Act constituted a continuing appropriation for a specific purpose and were not in violation of art. 3, § 35, Wyo. Const.Unemployment Compensation Comm'n v. Renner, 59 Wyo. 437, 143 P.2d 181, 1943 Wyo. LEXIS 25 (Wyo. 1943).

General, not special, law. —

The Unemployment Compensation Act embraced a group of objects or class of subjects and was not, accordingly, a special, but is a general, law, unless exemption of certain employers made the classification unreasonable. Unemployment Compensation Comm'n v. Renner, 59 Wyo. 437, 143 P.2d 181, 1943 Wyo. LEXIS 25 (Wyo. 1943).

Employment Security Law deemed in pari materia with Real Estate Brokers and Salesmen Act. — Ben Realty Co. v. Employment Sec. Comm'n, 416 P.2d 220, 1966 Wyo. LEXIS 150 (Wyo. 1966).

History of earlier provisions. —

See Janssen v. Employment Sec. Comm'n, 64 Wyo. 330, 192 P.2d 606, 1948 Wyo. LEXIS 10 (Wyo. 1948).

Quoted in

Casper Iron & Metal, Inc. v. Unemployment Ins. Comm'n of Dep't of Emp., 845 P.2d 387, 1993 Wyo. LEXIS 11 (Wyo. 1993).

Cited in

Bettcher v. Wyoming Dep't of Emp., 884 P.2d 635, 1994 Wyo. LEXIS 142 (Wyo. 1994); Wyoming Dep't of Empl. v. Porter, 986 P.2d 148, 1999 Wyo. LEXIS 120 (Wyo. 1999); Brock v. Wyo. ex rel. Wyo. Workforce Servs., Unemployment Ins. Div., 2017 WY 47, 394 P.3d 460, 2017 Wyo. LEXIS 47 (Wyo. 2017).

Am. Jur. 2d, ALR and C.J.S. references. —

Constitutionality, construction and application of provision of unemployment compensation act subjecting to its provisions an employer purchasing or succeeding to the business of another employer, 4 ALR2d 721.

Benefits where, during the base year, employee worked in different states for same employer, 9 ALR2d 646.

Unemployment compensation as affected by employee's or employer's removal from place of employment, 13 ALR2d 874; 21 ALR4th 317.

Declaratory relief with respect to unemployment compensation, 14 ALR2d 826.

Validity of governmental requirement of oath of allegiance or loyalty, 18 ALR2d 268.

Effect of vacation, holiday or payment in lieu of unemployment compensation, 30 ALR2d 366, 3 ALR4th 557, 14 ALR4th 1175.

Termination of employment as a result of union action or pursuant to union contract as “voluntary” for purposes of unemployment compensation benefits, 90 ALR2d 835.

Injured person's receipt of statutory disability unemployment benefits as affecting recovery against tortfeasor, 4 ALR3d 535.

Unemployment compensation: leaving employment to become self-employed or to go into business for oneself as affecting right to unemployment compensation, 45 ALR5th 715.

What constitutes “agricultural” of “farm” labor within social security or unemployment compensation acts, 60 ALR5th 459.

§ 27-3-102. Definitions generally.

1. Except as otherwise provided, as used in this act:
   1. “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;
   2. “Benefit” means a payment to an individual for unemployment under this act;
   3. “Benefit year” means:
      1. 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
      2. 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
      3. If a combined wage claim under W.S. 27-3-608 , the benefit year is as provided under law of the paying state.
   4. “Calendar quarter” means a period of three (3) consecutive calendar months ending on March 31, June 30, September 30 or December 31;
   5. “Commission” means the unemployment insurance commission of Wyoming within the department of workforce services;
   6. “Contribution” means payments to the unemployment compensation fund required by this act including payments instead of contributions under W.S. 27-3-509 ;
   7. “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;
   8. “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;
   9. “Fund” means the unemployment compensation fund established by this act;
   10. “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;
   11. “Institution of higher education” means any college or university in this state and any other public or nonprofit educational institution:
       1. Admitting as regular students only high school graduates or the recognized equivalent;
       2. Legally authorized to provide post secondary education in this state; and
       3. 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.
   12. “Insured work” means employment for employers;
   13. “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;
   14. “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;
   15. “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;
   16. “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;
   17. “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;
   18. “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:
       1. 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;
       2. 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;
       3. A payment by an employing unit not deducted from an employee’s remuneration for the tax imposed under 26 U.S.C. § 3101;
       4. Dismissal payments which the employing unit is not obligated to make;
       5. That portion of tips or gratuities not reportable under 26 U.S.C. § 3306(s);
       6. 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;
       7. Remuneration received by an employee as sick pay following a six (6) month continuous period of illness;
       8. Any benefit under a cafeteria plan specified by 26 U.S.C. § 125, excluding cash;
       9. Wages of a deceased worker paid to a beneficiary or estate following the calendar year of the worker’s death;
       10. Services received under any dependent care assistance program to the extent excluded from gross income under 26 U.S.C. § 129;
       11. Repealed by Laws 2010, ch. 66, § 2.
       12. Services or benefits received under any educational assistance program;
       13. Any benefit or other value received under an employee achievement award;
       14. The value of any qualified group legal services plan to the extent payments are excluded from gross income under 26 U.S.C. § 120;
       15. Costs of group term life insurance;
       16. Repealed by Laws 2010, ch. 66, § 2.
       17. Any moving expenses;
       18. 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);
       19. Benefit payments under any supplemental unemployment compensation plan; and
       20. Any benefits paid under the Wyoming Worker’s Compensation Act or any other worker’s compensation law of another state.
   19. “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;
   20. “Department” means the divisions within the department of workforce services 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;
   21. “Casual labor” means service not within the normal course of business and for which the remuneration paid is less than fifty dollars ($50.00);
   22. “Erroneous payment” means a payment that, but for the failure by the employer or the employer’s agent to provide requested information with respect to the claim for unemployment compensation, would not have been made;
   23. “Pattern of failing” means repeated documented failure on the part of the employer or the agent of the employer to respond to a written request from the department for information relating to a claim for benefits, taking into consideration the number of instances of failure in relation to the total volume of requests by the department to the employer or the employer’s agent;
   24. “Misconduct connected with work” means an act of an employee which indicates an intentional disregard of the employer’s interests or the commonly accepted duties, obligations and responsibilities of an employee. “Misconduct connected with work” does not include:
       1. Ordinary negligence in isolated instances;
       2. Good faith errors in judgment or discretion;
       3. Inefficiency or failure in good performance as the result of inability or incapacity.
   25. “This act” means W.S. 27-3-101 through 27-3-811 .

History. Laws 1937, ch. 113, § 2; 1939, ch. 121, § 1; ch. 124, §§ 1 to 7; 1941, ch. 96, § 2; 1943, ch. 58, §§ 1, 2; 1945, ch. 81, §§ 1, 2; C.S. 1945, § 54-102; Laws 1949, ch. 49, §§ 1, 2; 1953, ch. 111, § 1; 1957, ch. 88, § 1; W.S. 1957, § 27-23; Laws 1959, ch. 105, § 1; 1967, ch. 3, § 1; ch. 215, § 1; ch. 216, §§ 1, 2; 1969, ch. 60, § 1; 1971, ch. 96, § 1; ch. 253, §§ 2 to 7; 1973, ch. 213, § 2; 1977, ch. 156, § 1; 1982, ch. 55, § 1; 1983, ch. 114, § 1, ch. 131, § 1; ch. 161, § 1; 1983, Sp. Sess., ch. 2, § 2; 1984, ch. 50, § 2; 1985, ch. 175, § 1; 1987, ch. 130, § 1; 1989, ch. 222, § 2; 1990, ch. 63, § 2; 1991, ch. 83, § 1; ch. 221, § 2; 1995, ch. 121, § 2; 1999, ch. 73, § 2; 2002 Sp. Sess., ch. 74, § 1; 2003, ch. 73, § 1; 2004, ch. 130, § 1; 2007, ch. 177, § 1; 2010, ch. 66, §§ 1, 2; 2012, ch. 1, § 1; 2013, ch. 133, § 1; 2014, ch. 101, § 1; 2021, ch. 20, § 2.

The 2004 amendment, in (a)(xxii), substituted “27-3-705” for “27-3-704.”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2007 amendment, effective July 1, 2007, in (a), deleted the last sentence in (xviii)(A), and substituted “27-3-706” for “27-3-705” in (xxii).

The 2010 amendment, effective July 1, 2010, in (a), repealed (a)(xviii)(M) and (a)(xviii)(R), pertaining to wages paid to disabled worker and loan repayment, and rewrote (a)(xxi), which formerly read: “ ‘Casual labor’ means service of less than two (2) consecutive weeks and not within the normal course of business.”

The 2012 amendment, effective July 1, 2012, substituted “workforce services” for “employment” in (a)(v) and (a)(xx).

The 2014 amendment, effective July 1, 2014, added present (a)(xxiv), and redesignated former (a)(xxiv) as (a)(xxv).

The 2013 amendment, effective July 1, 2013, added (a)(xxii) and (a)(xxiii) and redesignated former (a)(xxii) as (a)(xxiv).

The 2021 amendment, in (a), added "Except as otherwise provided," at the beginning and made a related change; and substituted "27-3-811" for "27-3-706" in (a)(xxv).

Laws 2021, ch. 20, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 9, 2021.

Editor's notes. —

There is no subparagraph (a)(xviii)(I), (L) or (V) and no subsection (b) in this section as it appears in the printed acts.

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

Isolated incident of ordinary negligence was not misconduct.—

Former school principal was entitled to unemployment insurance benefits because there was not substantial evidence that the teacher engaged in misconduct. Even if the principal should not have left the school building and should have, instead, immediately pulled a student out of class and contacted a staff member to perform an assessment when a school counselor reported that the student appeared to be overly tired, the principal's action was, at most, ordinary negligence in an isolated instance or a good faith error in judgment or discretion. State ex rel. Dep't of Workforce Servs. v. Kinneman, 2016 WY 79, 377 P.3d 776, 2016 Wyo. LEXIS 87 (Wyo. 2016).

“Usual course of business.” —

Decisions dealing with liability under Workmen's (now Worker's) Compensation Law are helpful in construing words “usual course of business” when used. Wyoming Unemployment Compensation Act. Unemployment Comp. Comm'n v. Mathews, 56 Wyo. 479, 111 P.2d 111, 1941 Wyo. LEXIS 10 (1941).

Misconduct connected with work.—

Denial of an applicant's request for unemployment insurance benefits was appropriate because the applicant was fired for misconduct connected with the applicant's work in that the applicant intentionally disregarded the employer's interest and/or the applicant's commonly accepted duties. Although a supervisor informed the applicant of the importance of not mixing product when the applicant was hired as a fuel truck driver, and the applicant was trained in how to unload fuel, the applicant twice mixed product when employed for two months. Clark v. State ex rel. Dep't of Workforce Servs., 2016 WY 89, 378 P.3d 310, 2016 Wyo. LEXIS 97 (Wyo. 2016).

Denial of applicant’s request for unemployment insurance benefits was appropriate because the applicant was discharged for misconduct connected with the applicant’s work as a police dispatcher in that the applicant disclosed documents containing confidential information to a city council member, who was not authorized to receive them. The applicant showed an intentional disregard for the city’s and police department’s interests in protecting confidential information and maintaining the chain of command to address reported policy violations. Mahoney v. City of Gillette, 2019 WY 28, 436 P.3d 444, 2019 Wyo. LEXIS 28 (Wyo. 2019).

Term “account for” means to pay over the money to the person entitled thereto and stands in opposition to the right of appropriation to one's own use and benefit. Employment Sec. Comm'n v. Great W. Hotel Management, 452 P.2d 211, 1969 Wyo. LEXIS 126 (Wyo. 1969).

Back pay. —

Back pay should be considered a wage and, for purposes of the Wyoming Employment Security Law (WESA), an employee receiving back pay as a result of a National Labor Relations Board (NLRB) award, a judgment, an arbitration proceeding or a negotiated settlement following a period of separation from his or her employment, has received a wage. Bettcher v. Wyoming Dep't of Employment, 884 P.2d 635, 1994 Wyo. LEXIS 142 (Wyo. 1994).

Tips are not wages. Employment Sec. Comm'n v. Great W. Hotel Management, 452 P.2d 211, 1969 Wyo. LEXIS 126 (Wyo. 1969).

But parties have right by explicit contract to agree that tips will be wages, and only when so contracting does the employer become entitled to have tips credited upon wages paid the employee. Employment Sec. Comm'n v. Great W. Hotel Management, 452 P.2d 211, 1969 Wyo. LEXIS 126 (Wyo. 1969).

Quoted in

Employment Sec. Comm'n v. Laramie Cabs, Inc., 700 P.2d 399, 1985 Wyo. LEXIS 489 (Wyo. 1985); Wyo. Dep't of Empl. v. Jolley, Castillo, Drennon, Ltd., 2010 WY 48, 229 P.3d 955, 2010 Wyo. LEXIS 51 (Apr. 22, 2010).

Cited in

Wyoming Dep't of Empl. v. Porter, 986 P.2d 148, 1999 Wyo. LEXIS 120 (Wyo. 1999).

Am. Jur. 2d, ALR and C.J.S. references. —

Taxicab driver as employee of owner of cab or as independent contractor within social security and unemployment insurance statutes, 10 ALR2d 369.

Salesman on commission as within act, 29 ALR2d 751.

What constitutes “agricultural labor” or “farm labor,” within Social Security or Unemployment Compensation Acts, 53 ALR2d 406.

Insurance agents or salesmen as within coverage of social security or unemployment compensation acts, 39 ALR3d 872.

Part-time or intermittent workers as covered by or as eligible for benefits under state unemployment compensation act, 95 ALR3d 891.

§ 27-3-103. “Employer” defined; qualifications; employment services in other states included.

1. As used in this act, “employer” means any employing unit:
   1. For whom a worker performs service as an employee;
   2. Acquiring the organization, business, trade or substantially all of the assets of an employer subject to this act at the time of acquisition;
   3. Electing coverage under this act pursuant to W.S. 27-3-502(d);
   4. 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;
   5. 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;
   6. Employing services defined as employment under W.S. 27-3-105(a)(i), except as provided by paragraphs (viii) and (ix) of this subsection;
   7. Employing services defined as employment under W.S. 27-3-105(a)(ii), except as provided by subsection (b) of this section;
   8. Employing agricultural labor defined under W.S. 27-3-107 ;
   9. Employing domestic service defined under W.S. 27-3-107 (g); or
   10. 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.
2. 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.
3. 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.

History. Laws 1937, ch. 113, § 2; 1939, ch. 121, § 1; ch. 124, §§ 1 to 7; 1941, ch. 96, § 2; 1943, ch. 58, §§ 1, 2; 1945, ch. 81, §§ 1, 2; C.S. 1945, § 54-102; Laws 1949, ch. 49, §§ 1, 2; 1953, ch. 111, § 1; 1957, ch. 88, § 1; W.S. 1957, § 27-23; Laws 1959, ch. 105, § 1; 1967, ch. 3, § 1; ch. 215, § 1; ch. 216, §§ 1, 2; 1969, ch. 60, § 1; 1971, ch. 96, § 1; ch. 253, §§ 2 to 7; 1973, ch. 213, § 2; 1977, ch. 156, § 1; W.S. 1977, § 27-3-102 ; Laws 1983, ch. 114, § 1; 1990, ch. 63, § 2; 1995, ch. 121, § 2; 2001, ch. 67, § 1; 2004, ch. 130, § 1.

The 2004 amendment, in (b), twice substituted “paragraph” for “paragraphs” and made stylistic changes.

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

Unemployment Tax Act. —

Section 3306 of the federal Unemployment Tax Act appears as 26 U.S.C. § 3306.

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

Meaning of “this act.” —

For the meaning of “this act,” as used in this section, see § 27-3-102(a)(xxiv).

Employer-employee relationship. —

See notes under § 27-3-104 .

Quoted in

Wyo. Dep't of Empl. v. Jolley, Castillo, Drennon, Ltd., 2010 WY 48, 229 P.3d 955, 2010 Wyo. LEXIS 51 (Apr. 22, 2010).

§ 27-3-104. “Employment” defined; generally; exceptions.

1. As used in this act, “employment” means service:
   1. 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;
   2. Subject to any federal tax against which credit may be taken for contribution payments into any state unemployment fund;
   3. 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
   4. Otherwise specified under W.S. 27-3-104 through 27-3-108 .
2. An individual who performs service for wages is an employee for purposes of this act unless it is shown that the individual:
   1. Is free from control or direction over the details of the performance of services by contract and by fact;
   2. Repealed by Laws 1991, ch. 153, § 1.
   3. and (iv) Repealed by Laws 1995, ch. 121, § 3.
   4. Represents his services to the public as a self-employed individual or an independent contractor; and
   5. May substitute another individual to perform his services.
3. As used in this act, “employment” does not include service performed by a person acting as a fiduciary, as that term is defined in W.S. 4-10-103(a)(vii), and receiving reasonable compensation for fiduciary services pursuant to the Uniform Trust Code or the Wyoming Probate Code.

History. Laws 1937, ch. 113, § 2; 1939, ch. 121, § 1; ch. 124, §§ 1 to 7; 1941, ch. 96, § 2; 1943, ch. 58, §§ 1, 2; 1945, ch. 81, §§ 1, 2; C.S. 1945, § 54-102; Laws 1949, ch. 49, §§ 1, 2; 1953, ch. 111, § 1; 1957, ch. 88, § 1; W.S. 1957, § 27-23; Laws 1959, ch. 105, § 1; 1967, ch. 3, § 1; ch. 215, § 1; ch. 216, §§ 1, 2; 1969, ch. 60, § 1; 1971, ch. 96, § 1; ch. 253, §§ 2 to 7; 1973, ch. 213, § 2; 1977, ch. 156, § 1; W.S. 1977, § 27-3-102 ; Laws 1983, ch. 114, § 1; 1985, ch. 175, § 1; 1987, ch. 130, § 1; 1991, ch. 153, § 1; 1995, ch. 121, §§ 2, 3; 2014, ch. 107, § 1.

The 2014 amendment, effective July 1, 2014, added (c).

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

Test of employer-employee relationship is whether either of the parties possesses the right to terminate the services at will, without incurring liability to the other, an affirmative answer establishing the status of master and servant. Ben Realty Co. v. Employment Sec. Comm'n, 416 P.2d 220, 1966 Wyo. LEXIS 150 (Wyo. 1966).

Where the trial court finds the relationship of employer and employee to exist, the supreme court will examine to ascertain if the finding is sustained by substantial evidence. Ben Realty Co. v. Employment Sec. Comm'n, 416 P.2d 220, 1966 Wyo. LEXIS 150 (Wyo. 1966).

Wyoming Unemployment Insurance Commission (Commission) properly found that services provided by 16 flow testers for oil field services company were covered employment under the Wyoming Employment Security Law, Wyo. Stat. Ann. § 27-3-101 et seq., because there was a lack of sufficient evidence in the record which would have demonstrated any instance in which a flow tester represented himself as an independent contractor to the client oil companies. DC Prod. Serv. v. Wyo. Dep't of Empl., 2002 WY 142, 54 P.3d 768, 2002 Wyo. LEXIS 158 (Wyo. 2002).

Burden of proof. —

Wyoming Department of Unemployment Insurance Commission's decision that the partnership had payroll for services paid in Wyoming from 2004 through 2006 was supported by substantial evidence and the partnership failed to prove that its consultants were independent contractors, Wyo. Stat. Ann. § 27-3-104(b). Wyo. Dep't of Empl. v. Jolley, Castillo, Drennon, Ltd., 2010 WY 48, 229 P.3d 955, 2010 Wyo. LEXIS 51 (Wyo. 2010).

Relationship of independent contractor. —

Each case involving question whether or not relationship is that of independent contractor must be decided upon its own facts. Wyoming Unemployment Compensation Act. Unemployment Comp. Comm'n v. Mathews, 56 Wyo. 479, 111 P.2d 111, 1941 Wyo. LEXIS 10 (1941).

One who deals with independent contractor is not required to pay unemployment compensation contributions under the law. Wyoming Unemployment Compensation Act. Unemployment Comp. Comm'n v. Mathews, 56 Wyo. 479, 111 P.2d 111, 1941 Wyo. LEXIS 10 (1941).

Where leaders of orchestras employed, paid and controlled their associates without substantial interference from owner of cafe and bar in which orchestras played, leaders were “independent contractors” and owner was not liable for unemployment compensation to those employed by leaders. Wyoming Unemployment Compensation Act. Unemployment Comp. Comm'n v. Mathews, 56 Wyo. 479, 111 P.2d 111, 1941 Wyo. LEXIS 10 (1941).

Following services indicated that individual worked as employee, rather than independent contractor: his employer visited him on the job site several times a day, gave direction as to the work in progress, interrupted work to take him to other job sites, and required him to work on many different projects each week. Scott v. Fagan, 684 P.2d 805, 1984 Wyo. LEXIS 312 (Wyo. 1984).

Real estate salesman may be either employee or independent contractor. —

The occupation of real estate salesman, insofar as the Unemployment Insurance Act was concerned, has been held to be one that may be classified as that of an employee or an independent contractor, depending upon the facts of the particular case. Ben Realty Co. v. Employment Sec. Comm'n, 416 P.2d 220, 1966 Wyo. LEXIS 150 (Wyo. 1966).

Association of real estate salesmen with broker held to constitute “employment”. Ben Realty Co. v. Employment Sec. Comm'n, 416 P.2d 220, 1966 Wyo. LEXIS 150 (Wyo. 1966).

Barbers. —

Where barber work was done by barbers in operator's shop on percentage basis, shop being licensed, leased and controlled by operator, who also controlled scope of work and supplied materials (but not tools), operator held liable for contributions under Unemployment Compensation Act. Tharp v. Unemployment Comp. Comm'n, 57 Wyo. 486, 121 P.2d 172, 1942 Wyo. LEXIS 6 (1942).

Musicians. —

Where musicians playing in cafe or bar were free from control or direction by owner over their performances, supplied own instruments, except piano, and orchestra leader alone contracted with owner, latter held not liable under Wyoming Unemployment Compensation Act. Unemployment Comp. Comm'n v. Mathews, 56 Wyo. 479, 111 P.2d 111, 1941 Wyo. LEXIS 10 (1941).

Taxicab drivers. —

Taxicab drivers who leased cabs from a taxicab service, which held city and state permits, furnished gas, oil and other supplies, carried liability insurance, paid license fees and maintained and furnished the capital to purchase the cabs and other equipment, in exchange for a percentage of the fares, were “employees” within the meaning of subsection (b). Employment Sec. Comm'n v. Laramie Cabs, 700 P.2d 399, 1985 Wyo. LEXIS 489 (Wyo. 1985).

Housing consultant. —

The claimant, a housing consultant, was an employee within the meaning of the statute, notwithstanding that she filed a self-employed Form 1099 with the Internal Revenue Service, where she (1) conducted sales of manufactured homes, performed income analyses of prospective customers, and assisted customers in filling out credit applications, (2) was paid an hourly wage and also received a bonus based upon sales, (3) was not free from control or direction over the details of the performance of services, and (4) did not represent her services to the public as a self-employed individual or an independent contractor. Hat Six Homes, Inc. v. Department of Empl., 6 P.3d 1287, 2000 Wyo. LEXIS 148 (Wyo. 2000).

Misrepresentation. —

Claimant for unemployment compensation benefits was disqualified where he stated on his application that he did not work for wages, but rather, he rented his welding equipment and then operated it for free. Judge v. Dep't of Empl., 2002 WY 109, 50 P.3d 686, 2002 Wyo. LEXIS 115 (Wyo. 2002).

Quoted in

Sierra Trading Post, Inc. v. Hinson, 2000 Wyo. LEXIS 27 , 996 P.2d 1144 (Wyo. 2000).

Law reviews. —

For note, “The Wyoming Real Estate Broker v. Employment Security Commission,” see 19 Wyo. L.J. 70 (1964).

§ 27-3-105. “Employment” defined; employment for state, and other organizations; exceptions.

1. Employment under this act [§§ 27-3-101 through 27-3-704 ] includes service performed for:
   1. 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);
   2. 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
   3. 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.
2. Subsection (a) of this section does not include service performed:
   1. For a church or convention or association of churches;
   2. For an organization operated primarily for religious purposes and supervised, controlled or principally supported by a church or convention or association of churches;
   3. As an ordained, commissioned or licensed minister of a church in the exercise of his ministry;
   4. As a member of a religious order in the exercise of required duties of the order;
   5. As an elected official;
   6. As a member of a legislative body or the judiciary of the state or any political subdivision;
   7. As a member of the state national guard or air national guard;
   8. For a governmental agency as a temporary employee for fire, storm, snow, earthquake, flood or similar emergencies;
   9. 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;
   10. 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;
   11. 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;
   12. By an inmate of a state custodial or penal institution; or
   13. 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).

History. Laws 1937, ch. 113, § 2; 1939, ch. 121, § 1; ch. 124, §§ 1 to 7; 1941, ch. 96, § 2; 1943, ch. 58, §§ 1, 2; 1945, ch. 81, §§ 1, 2; C.S. 1945, § 54-102; Laws 1949, ch. 49, §§ 1, 2; 1953, ch. 111, § 1; 1957, ch. 88, § 1; W.S. 1957, § 27-23; Laws 1959, ch. 105, § 1; 1967, ch. 3, § 1; ch. 215, § 1; ch. 216, §§ 1, 2; 1969, ch. 60, § 1; 1971, ch. 96, § 1; ch. 253, §§ 2 to 7; 1973, ch. 213, § 2; 1977, ch. 156, § 1; W.S. 1977, § 27-3-102 ; Laws 1983, ch. 114, § 1; ch. 161, § 2; 1987, ch. 130, § 1; 1998, ch. 55, § 1; 2001, ch. 67, § 1; 2004, ch. 130, § 1.

The 2004 amendment, made stylistic changes in (a)(i), (a)(ii), (b)(xi) and (b)(xii).

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

Employer-employee relationship. —

See notes under § 27-3-104 .

Unemployment Tax Act. —

Section 3306 of the federal Unemployment Tax Act appears as 26 U.S.C. § 3306.

Conflicting legislation. —

Laws 2004, ch. 130, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 27-3-106. “Employment” defined; employment outside United States; exceptions; “American employer” defined; localized service specified.

1. 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:
   1. The employer’s principal place of business in the United States is located in this state;
   2. 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;
   3. The employer elected coverage under this act; or
   4. A claim for benefits based on this service is filed under this act and the employer failed to elect coverage in any state.
2. As used in subsection (a) of this section, “American employer” means a:
   1. Resident of the United States;
   2. Partnership and two-thirds (2/3) or more of the partners are residents of the United States;
   3. Trust and the trustees are United States residents; or
   4. Corporation organized under federal or any state law.
3. 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:
   1. Localized in this state;
   2. 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
   3. Not subject to the law of any state or Canada and the service is directed or controlled from a location in this state.
4. 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.
5. 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.

History. Laws 1937, ch. 113, § 2; 1939, ch. 121, § 1; ch. 124, §§ 1 to 7; 1941, ch. 96, § 2; 1943, ch. 58, §§ 1, 2; 1945, ch. 81, §§ 1, 2; C.S. 1945, § 54-102; Laws 1949, ch. 49, §§ 1, 2; 1953, ch. 111, § 1; 1957, ch. 88, § 1; W.S. 1957, § 27-23; Laws 1959, ch. 105, § 1; 1967, ch. 3, § 1; ch. 215, § 1; ch. 216, §§ 1, 2; 1969, ch. 60, § 1; 1971, ch. 96, § 1; ch. 253, §§ 2 to 7; 1973, ch. 213, § 2; 1977, ch. 156, § 1; W.S. 1977, § 27-3-102 ; Laws 1983, ch. 114, § 1; 1990, ch. 63, § 2.

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

Employer-employee relationship. —

See notes under § 27-3-104 .

§ 27-3-107. “Agricultural labor” defined; “farm” defined; “crew leader” defined; when domestic services included; exception.

1. As used in this section, “agricultural labor” means remunerated service performed:
   1. 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;
   2. 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;
   3. 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;
   4. For the operation or maintenance of ditches, canals, reservoirs or waterways used exclusively for supplying and storing water for farming purposes;
   5. In the production or harvesting of an agricultural commodity as defined under 12 U.S.C. § 1141j(g);
   6. 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.
2. 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.
3. Agricultural labor is employment under this act [§§ 27-3-101 through 27-3-704 ] if it is performed for a person who:
   1. 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
   2. 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.
4. 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:
   1. The crew leader is certified under 29 U.S.C. 1801 through 1872; or
   2. Substantially all crew members operate or maintain tractors, mechanized harvesting or crop dusting equipment or other mechanized equipment provided by the crew leader; and
   3. The individual is not an employee of any other person under W.S. 27-3-104 through 27-3-108 .
5. As used in this section, “crew leader” means an individual who:
   1. Furnishes individuals to perform agricultural labor for any other person;
   2. Pays for himself or for others the cash wages of individuals furnished by him for agricultural labor; and
   3. Has not entered into a written agreement with the other person designating the individuals as employees of that person.
6. 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.
7. 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.
8. 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.

History. Laws 1937, ch. 113, § 2; 1939, ch. 121, § 1; ch. 124, §§ 1 to 7; 1941, ch. 96, § 2; 1943, ch. 58, §§ 1, 2; 1945, ch. 81, §§ 1, 2; C.S. 1945, § 54-102; Laws 1949, ch. 49, §§ 1, 2; 1953, ch. 111, § 1; 1957, ch. 88, § 1; W.S. 1957, § 27-23; Laws 1959, ch. 105, § 1; 1967, ch. 3, § 1; ch. 215, § 1; ch. 216, §§ 1, 2; 1969, ch. 60, § 1; 1971, ch. 96, § 1; ch. 253, §§ 2 to 7; 1973, ch. 213, § 2; 1977, ch. 156, § 1; W.S. 1977, § 27-3-102 ; Laws 1983, ch. 114, § 1; ch. 131, § 3; 1985, ch. 175, § 1; 2006, ch. 114, § 1.

The 2006 amendment, substituted “12 U.S.C. § 1141j(g)” for “12 U.S.C. § 1141(g)” in (a)(v).

Laws 2006, ch. 114, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2006.

Employer-employee relationship. —

See notes under § 27-3-104 .

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

Conflicting legislation. —

Laws 2006, ch. 114, § 3, provides: “[A]ny other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

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

1. Employment under this act does not include service performed:
   1. 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;
   2. 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;
   3. 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 ;
   4. By an individual under the age of eighteen (18) or as a direct seller or independent contractor in the business of distributing or delivering newspapers or shopping news excluding the delivery or distribution at any point for further delivery or distribution but including directly related services such as soliciting customers and collecting receipts, provided:
      1. All or substantially all of the individual’s pay for the service, whether or not paid in cash, directly relates to sales or other output rather than to the number of hours worked; and
      2. The individual performs the service under a written contract with the newspaper or shopping news publisher which specifies that the individual will not be treated as an employee with respect to the services for federal tax purposes.
   5. As real estate activity under W.S. 33-28-102(b)(xlv) by a responsible broker, associate broker or salesperson licensed under the Real Estate License Act, W.S. 33-28-101 through 33-28-401 ;
   6. 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;
   7. 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;
   8. By a hospital patient employed by the hospital;
   9. In a barber shop licensed under W.S. 33-7-108 or salon licensed under W.S. 33-12-127 if:
      1. Use of shop facilities by an individual performing services is contingent upon payment of a flat rate of compensation to the shop owner; and
      2. The individual performing services receives no compensation from the shop owner for services performed.
   10. 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;
   11. Services performed as casual labor;
   12. Repealed by Laws 2010, ch. 66, § 2.
   13. By a member of a limited liability company, unless the limited liability company elects coverage in accordance with W.S. 27-3-502(d).

History. Laws 1937, ch. 113, § 2; 1939, ch. 121, § 1; ch. 124, §§ 1 to 7; 1941, ch. 96, § 2; 1943, ch. 58, §§ 1, 2; 1945, ch. 81, §§ 1, 2; C.S. 1945, § 54-102; Laws 1949, ch. 49, §§ 1, 2; 1953, ch. 111, § 1; 1957, ch. 88, § 1; W.S. 1957, § 27-23; Laws 1959, ch. 105, § 1; 1967, ch. 3, § 1; ch. 215, § 1; ch. 216, §§ 1, 2; 1969, ch. 60, § 1; 1971, ch. 96, § 1; ch. 253, §§ 2 to 7; 1973, ch. 213, § 2; 1977, ch. 156, § 1; W.S. 1977, § 27-3-102 ; Laws 1983, ch. 114, § 1; 1985, ch. 175, § 2; 1995, ch. 121, § 2; 1997, ch. 93, § 1; 2005, ch. 98, § 1; 2008, ch. 116, § 1; 2010, ch. 66, § 2; 2013, ch. 152, § 1; 2018, ch. 6, § 1.

The 2005 amendment, effective July 1, 2005, in the introductory language in (a)(ix), substituted “salon” for “a beauty shop.”

The 2008 amendment, made a stylistic change.

Laws 2008, ch. 116, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2008.

The 2010 amendment, effective July 1, 2010, repealed (a)(xii), which read: “By a private duty nurse employed by a private party.”

The 2013 amendment, added “or as a direct seller or independent contractor in the business of” and added the ending language beginning “but including directly related services,” making a related change in (a)(iv); and added (a)(iv)(A) and (B).

Laws 2013, ch. 152, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. Approved March 13, 2013.

The 2018 amendment, effective July 1, 2018, rewrote (a)(v), which read: “by a licensed real estate broker or salesman receiving as sole compensation a commission based on the sale or rental of real estate.”

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Federal law. —

The Federal Insurance Contributions Act is codified as 26 U.S.C.S. § 3101 et seq.

The Social Security Act is codified as 42 U.S.C.S. § 301 et seq.

The Federal Unemployment Tax Act is codified as 26 U.S.C.S. § 3301 et seq.

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

§ 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 [§§ 27-3-101 through 27-3-704 ] at any time. There is no vested private right of any kind under this act [§§ 27-3-101 through 27-3-704 ].

History. Laws 1984, ch. 50, § 1.

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

1. The unemployment compensation fund is established and shall be administered by the department for purposes of this act.
2. The fund shall consist of:
   1. Contributions collected under this act, excluding revenues for the employment support fund under W.S. 27-3-505(a);
   2. Funds received under 42 U.S.C. § 1321;
   3. Interest earned on the fund balance;
   4. Any property or securities acquired by the fund and any earnings of the acquired property or securities;
   5. Any other funds received for the fund from any other source; and
   6. Funds credited to Wyoming’s account in the unemployment trust fund pursuant to 42 U.S.C. § 1103.

History. Laws 1937, ch. 113, § 9; 1939, ch. 124, §§ 13, 14; 1941, ch. 96, § 8; C.S. 1945, § 54-109; Laws 1957, ch. 88, § 8; W.S. 1957, § 27-31; W.S. 1977, § 27-3-111; Laws 1983, ch. 114, § 1; 1990, ch. 63, § 2; 1997, ch. 168, § 2; 1999, ch. 159, § 2; 2003, ch. 123, § 2.

Cross references. —

As to definition of “contribution” with reference to unemployment compensation fund and as to definition of “fund,” see § 27-3-102 .

As to social security, see § 9-3-301 et seq.

As to depository provisions, see article 8 of chapter 4 of title 9.

As to authorized investments for public funds, see § 9-4-831 .

The 2003 amendment, effective January 1, 2004, deleted “any special reserve contribution rate imposed under W.S. 27-3-503(g) and” preceding “revenues” in (b)(i).

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

§ 27-3-202. Administration of fund.

1. 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 unemployment trust fund account and a benefit account separately within the fund as specified by the department.
2. All funds payable to the fund shall be deposited by the department or its authorized representative in the clearing account, with receipt and acknowledgement submitted to the state treasurer. 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 state auditor 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).
3. 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 department shall deposit the funds in the benefit account, with receipt and acknowledgement submitted to the state treasurer, 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.
4. Except as otherwise provided by this act, the department 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 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).
5. Warrants for payment of benefits and refunds from the benefit and clearing accounts shall be signed by the state auditor and the department or its authorized agent.

History. Laws 1937, ch. 113, § 9; 1939, ch. 124, §§ 13, 14; 1941, ch. 96, § 8; C.S. 1945, § 54-109; Laws 1957, ch. 88, § 8; W.S. 1957, § 27-31; W.S. 1977, § 27-3-111; Laws 1983, ch. 114, § 1; 1990, ch. 63, § 2; 1997, ch. 168, § 2; 1999, ch. 159, § 2; 2003, ch. 123, § 2; 2015, ch. 12, § 1.

The 2003 amendment, effective January 1, 2004, in (b), deleted “special reserve contribution rate imposed under W.S. 27-3-503(g) and from the” preceding “employment support fund” in the second sentence, and deleted the third sentence, pertaining to deposit of funds into the state unemployment insurance trust fund.

The 2015 amendment, effective July 1, 2015, substituted “department” for “state treasurer” in (a) and (d); in the second sentence in (a), substituted “The state treasurer” for “He” and added “as specified by the department”; in (b), deleted “with the state treasurer” following “representative” and added “with receipt and acknowledgement submitted to the state treasurer” and made a related change in the first sentence, and substituted “state auditor” for treasurer in the second sentence; in the third sentence in (c), substituted “department” for “treasurer” and inserted “with receipt and acknowledgement submitted to the state treasurer” and made a related change; deleted “by the treasurer” following “deposited” in the third sentence; and substituted “state auditor” for “treasurer” in (e).

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

Severability. —

Section 20, ch. 113, Laws 1937, reads: “If any provision of this act, or the application thereof to any person or circumstances, is held invalid, the remainder of this act, and the application of such provisions to other persons or circumstances, shall not be affected thereby.”

Cited in

Wyoming Dep't of Emp. v. Secrest, 811 P.2d 733, 1991 Wyo. LEXIS 95 (Wyo. 1991).

§ 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 [§§ 27-3-101 through 27-3-704 ]. Any investment shall allow sufficient conversion of fund assets for payment of benefits.

History. Laws 1937, ch. 113, § 9; 1939, ch. 124, §§ 13, 14; 1941, ch. 96, § 8; C.S. 1945, § 54-109; Laws 1957, ch. 88, § 8; W.S. 1957, § 27-31; W.S. 1977, § 27-3-111; Laws 1983, ch. 114, § 1.

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

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

1. 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).
2. Funds shall be withdrawn for administrative expenses by legislative appropriation. The appropriation shall:
   1. Specify the amounts and purposes for which the funds are appropriated;
   2. Limit the period in which the funds may be obligated to not more than two (2) years after the date of enactment; and
   3. 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.
3. 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.

History. Laws 1937, ch. 113, § 9; 1939, ch. 124, §§ 13, 14; 1941, ch. 96, § 8; C.S. 1945, § 54-109; Laws 1957, ch. 88, § 8; W.S. 1957, § 27-31; W.S. 1977, § 27-3-111; Laws 1981, ch. 110, § 1; 1983, ch. 114, § 1; 1983, Sp. Sess., ch. 2, § 2; 1990, ch. 63, § 2; 1992, ch. 11, § 1; 2002 Sp. Sess., ch. 100, § 3.

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

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

1. 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 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.
2. The account shall consist of:
   1. 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;
   2. Federal funds and funds from any other state received as compensation for services or facilities supplied from the account;
   3. 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
   4. Any proceeds from the sale or disposition of equipment or supplies purchased by the account.

History. Laws 1937, ch. 113, § 13; 1939, ch. 124, § 17; 1941, ch. 96, § 12; 1943, ch. 58, § 8; C.S. 1945, § 54-113; Laws 1949, ch. 49, § 12; 1957, ch. 88, § 9; W.S. 1957, § 27-35; W.S. 1977, § 27-3-115; Laws 1983, ch. 114, § 1; 1990, ch. 63, § 2; 2002 Sp. Sess., ch. 100, § 3; 2005, ch. 231, § 1; 2015, ch. 12, § 1.

Cross references. —

As to deposits and depositories generally, see § 9-4-801 et seq.

The 2005 amendment, effective July 1, 2005, in (a), deleted “within the earmarked revenue fund” in the first sentence.

The 2015 amendment, effective July 1, 2015, in (a), substituted “department” for “state treasurer” in the first sentence and inserted “department, with receipt and acknowledgement submitted to the state” in the second sentence.

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

§ 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.

History. Laws 1937, ch. 113, § 13; 1939, ch. 124, § 17; 1941, ch. 96, § 12; 1943, ch. 58, § 8; C.S. 1945, § 54-113; Laws 1949, ch. 49, § 12; 1957, ch. 88, § 9; W.S. 1957, § 27-35; W.S. 1977, § 27-3-115; Laws 1983, ch. 114, § 1; 1990, ch. 63, § 2; 1997, ch. 31, § 2.

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

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

1. 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:
   1. To replace any funds pursuant to W.S. 27-3-206 ;
   2. 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
   3. Instead of federal funds requested but not received provided the account is reimbursed upon receipt of requested federal funds.
2. Notwithstanding W.S. 27-3-201 , 27-3-202 and 27-3-205 , the employment security revenue account shall consist of:
   1. 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
   2. 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.
3. 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.

History. Laws 1937, ch. 113, § 13; 1939, ch. 124, § 17; 1941, ch. 96, § 12; 1943, ch. 58, § 8; C.S. 1945, § 54-113; Laws 1949, ch. 49, § 12; 1957, ch. 88, § 9; W.S. 1957, § 27-35; W.S. 1977, § 27-3-115; Laws 1983, ch. 114, § 1; 1987, ch. 238, § 1; 1990, ch. 63, § 2; 1991, ch. 164, § 1; 2005, ch. 231, § 1.

The 2005 amendment, effective July 1, 2005, in (a), deleted “within the state trust and agency fund” in the first sentence.

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

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

1. 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 [42 U.S.C. § 1321 et seq.] of the “Social Security Act”, as amended, in order to secure to Wyoming the advantages available under that title.
2. 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].

History. Laws 1983, Sp. Sess., ch. 2, § 1.

Editor's notes. —

“Section 5 of this act,” as used in subsection (b), means Laws 1983, Sp. Sess., ch. 2, § 5, as amended by Laws 1984, ch. 50, § 2, which reads:

“Upon periodic certification of inadequate revenues by the governor to the state treasurer, the state treasurer may utilize interfund loans from the budget reserve account created under W.S. 9-2-1012(e) in an amount not to exceed twenty million dollars ($20,000,000.00) and from the account created under W.S. 9-4-601(b)(ii) in an amount not to exceed six million dollars ($6,000,000.00) to the unemployment compensation fund or account as needed to repay revenues borrowed under W.S. 27-3-208 or to pay benefits payable through February 20, 1985, required under the Wyoming Employment Security Law which cannot be paid due to the insufficiency of any other revenues available to the Employment Security Commission excluding federal revenues under W.S. 27-3-208 . The loans shall bear no interest and shall be repaid at the time and in the manner prescribed by the legislature with the first payment to commence no later than July 1, 1985.”

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

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

1. 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 .
2. 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.
3. 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.

History. Laws 1997, ch. 168, § 1; 2002 Sp. Sess., ch. 100, § 3.

§ 27-3-210. [Repealed.]

Repealed by Laws 2002, Sp. Sess., ch. 100, § 4.

Editor's notes. —

This section, which derived from Laws 1997, ch. 168, § 1, established the workforce development training fund.

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

1. 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 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 .
2. 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:
   1. Offset funding deficits for program administration under this act;
   2. Collect and administer the revenues collected under W.S. 27-3-505(a);
   3. Further support programs to strengthen unemployment fund solvency;
   4. Support employment office programs administered by the department of workforce services.

History. Laws 1999, ch. 159, § 1; 2002 Sp. Sess., ch. 100, § 3; 2015, ch. 12, § 1.

The 2015 amendment, effective July 1, 2015, inserted “department, with receipt and acknowledgement submitted to the” in the first sentence.

§ 27-3-301. Definitions.

1. As used in this article:
   1. “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;
   2. “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;
   3. “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;
   4. “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.;
   5. “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;
   6. “Regular benefits” means benefits, excluding extended and additional benefits, payable to an individual under this act [§§ 27-3-101 through 27-3-704 ] 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.;
   7. “State law” means the unemployment insurance law of any state approved by the United States secretary of labor under 26 U.S.C. § 3304.

History. Laws 1937, ch. 113, § 3; 1939, ch. 124, § 8; 1941, ch. 96, § 3; 1943, ch. 58, § 3; 1945, ch. 81, §§ 3, 4; C.S. 1945, § 54-103; Laws 1949, ch. 49, § 3; 1953, ch. 111, § 2; 1955, ch. 230, § 1; 1957, ch. 88, § 2; W.S. 1957, § 27-24; Laws 1963, ch. 121, §§ 1 to 3; 1971, ch. 96, § 2; ch. 253, §§ 8, 14; 1977, ch. 156, § 1; W.S. 1977, § 27-3-103 ; Laws 1983, ch. 114, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 27-3-302. Payment; liability.

1. 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.
2. 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.

History. Laws 1937, ch. 113, §§ 3, 21; 1939, ch. 124, § 8; 1941, ch. 96, § 3; 1943, ch. 58, § 3; 1945, ch. 81, §§ 3, 4; C.S. 1945, §§ 54-103, 54-120; Laws 1949, ch. 49, § 3; 1953, ch. 111, § 2; 1955, ch. 230, § 1; 1957, ch. 88, § 2; W.S. 1957, §§ 27-24, 27-41; Laws 1963, ch. 121, §§ 1 to 3; 1971, ch. 96, § 2; ch. 253, §§ 8, 14; 1977, ch. 156, § 1; W.S. 1977, §§ 27-3-103 , 27-3-121; Laws 1981, ch. 133, § 1; 1983, ch. 114, § 1; 1990, ch. 63, § 2.

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

Constitutionality. —

The Unemployment Compensation Act, in taking money of employer and giving it to persons who have never been in his employ, serves a public purpose for welfare of all and does not violate art. 1, §§ 32 and 33, Unemployment Compensation Comm'n v. Renner, 59 Wyo. 437, 143 P.2d 181, 1943 Wyo. LEXIS 25 (Wyo. 1943).

Nature of benefits. —

Unemployment benefits do not constitute a gratuity but are a part of compensation or wages. Unemployment Compensation Comm'n v. Renner, 59 Wyo. 437, 143 P.2d 181, 1943 Wyo. LEXIS 25 (Wyo. 1943).

Am. Jur. 2d, ALR and C.J.S. references. —

Vested right of applicant for unemployment compensation in mode and manner of computing benefits in effect at time of his discharge or loss of employment, 20 ALR2d 963.

Unemployment compensation as affected by vacation or payment in lieu thereof, 14 ALR4th 1175.

Offsetting unemployment benefits received against award for backpay in employment discrimination actions, 66 ALR Fed 880.

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

1. 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.
2. Repealed by Laws 1985, ch. 175, § 3.
3. 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).
4. 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.
5. Upon periodic certification by the governor to the state treasurer of inadequate revenues, the state treasurer may authorize interfund loans from the legislative stabilization reserve account 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 interest at the interest rate earned on pooled fund investments in the previous fiscal year and shall be repaid when the unemployment compensation fund is adequately solvent to repay the loans and to continue paying the benefit obligations.

History. Laws 1937, ch. 113, §§ 2, 3; 1939, ch. 121, § 1; ch. 124, §§ 1 to 8; 1941, ch. 96, §§ 2, 3; 1943, ch. 58, §§ 1 to 3; 1945, ch. 81, §§ 1 to 4; C.S. 1945, §§ 54-102, 54-103; Laws 1949, ch. 49, §§ 1 to 3; 1953, ch. 111, §§ 1, 2; 1955, ch. 230, § 1; 1957, ch. 88, §§ 1, 2; W.S. 1957, §§ 27-23, 27-24; Laws 1959, ch. 105, § 1; 1963, ch. 121, §§ 1 to 3; 1967, ch. 3, § 1; ch. 215, § 1; ch. 216, §§ 1, 2; 1969, ch. 60, § 1; 1971, ch. 96, §§ 1, 2; ch. 253, §§ 2 to 8, 14; 1973, ch. 213, § 2; 1977, ch. 156, § 1; W.S. 1977, §§ 27-3-102 , 27-3-103 ; Laws 1981, ch. 133, § 1; 1983, ch. 114, § 1; 1983, Sp. Sess., ch. 2, § 2; 1984, ch. 50, § 2; 1985, ch. 175, §§ 1, 3; 1987, ch. 130, § 1; 1988, ch. 51, § 1; 1989, ch. 222, § 2; 1990, ch. 63, § 2; 1991, ch. 83 § 1; 1993, ch. 19, § 1; 1999, ch. 73, § 2; 2003, ch. 73, § 1; 2018, ch. 62, § 1.

The 2018 amendment, effective July 1, 2018, in (e), substituted “loans from the legislative stabilization reserve account for cumulative” for “loans from the permanent Wyoming mineral trust fund or any other available permanent fund not subject to interest earning trust obligations, for cumulative” in the first sentence and “shall bear interest at the interest rate earned on pooled fund investments in the previous fiscal year and shall” for “shall bear no interest and shall” in the last sentence.

Editor's notes. —

Laws 1983, Sp. Sess., ch. 2, § 4 reads: “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 that act.”

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

Applied in

Scott v. Fagan, 684 P.2d 805, 1984 Wyo. LEXIS 312 (Wyo. 1984).

§ 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.

History. Laws 1937, ch. 113, § 3; 1939, ch. 124, § 8; 1941, ch. 96, § 3; 1943, ch. 58, § 3; 1945, ch. 81, §§ 3, 4; C.S. 1945, § 54-103; Laws 1949, ch. 49, § 3; 1953, ch. 111, § 2; 1955, ch. 230, § 1; 1957, ch. 88, § 2; W.S. 1957, § 27-24; Laws 1963, ch. 121, §§ 1 to 3; 1971, ch. 96, § 2; ch. 253, §§ 8, 14; 1977, ch. 156, § 1; W.S. 1977, § 27-3-103 ; Laws 1981, ch. 133, § 1; 1983, ch. 114, § 1.

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

1. 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.
2. 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.:
   1. Repealed by Laws 2005, ch. 186, § 3.
   2. 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.
   3. Repealed by Laws 2005, ch. 186, § 3.
3. 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.
4. 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.

History. Laws 1937, ch. 113, § 3; 1939, ch. 124, § 8; 1941, ch. 96, § 3; 1943, ch. 58, § 3; 1945, ch. 81, §§ 3, 4; C.S. 1945, § 54-103; Laws 1949, ch. 49, § 3; 1953, ch. 111, § 2; 1955, ch. 230, § 1; 1957, ch. 88, § 2; W.S. 1957, § 27-24; Laws 1963, ch. 121, §§ 1 to 3; 1971, ch. 96, § 2; ch. 253, §§ 8, 14; 1977, ch. 156, § 1; W.S. 1977, § 27-3-103 ; Laws 1981, ch. 133, § 1; 1982, ch. 55, §§ 1, 2; 1983, ch. 114, § 1; 1990, ch. 63, § 2; 1993, ch. 19, § 1; 2005, ch. 186, §§ 2, 3.

The 2005 amendment, effective July 1, 2005, repealed former (b)(i) and (b)(iii), allowing the department to withhold the amount specified by the individual and any amount otherwise required to be withheld from benefits payable under this act pursuant to legal process from benefits payable to an individual owing child support, and made stylistic changes.

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

Cited in

Wyoming Dep't of Empl. v. Porter, 986 P.2d 148, 1999 Wyo. LEXIS 120 (Wyo. 1999).

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

1. An unemployed individual is eligible for benefits under this article for any week if he:
   1. 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:
      1. By an employer who paid fifty percent (50%) or more of his base period wages;
      2. Within twelve (12) weeks by an employer.
   2. Files a benefit claim for that week in accordance with regulations of the commission;
   3. Is able and available for work;
   4. Repealed by Laws 2005, ch. 186, § 3.
   5. Earned wages for insured work in amounts specified by subsection (d) of this section;
   6. As a corporate officer, is unemployed, certifies unemployment and otherwise satisfies the requirements of this subsection;
   7. Continues to report to a department office in accordance with regulations of the commission; and
   8. 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:
      1. The individual has completed reemployment services; or
      2. There is justifiable cause for the claimant’s failure to participate in these services.
2. 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 .
3. Repealed by Laws 2005, ch. 186, § 3.
4. To qualify under paragraph (a)(v) of this section, an individual shall have earned:
   1. 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);
   2. Repealed by Laws 1993, ch. 19, § 2.
   3. Wages for insured work of one and four-tenths (1.4) times the high quarter earnings in his base period; and
   4. 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 .
5. 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.

History. Laws 1937, ch. 113, §§ 3, 4; 1939, ch. 124, §§ 8, 9; 1941, ch. 96, §§ 3, 4; 1943, ch. 58, §§ 3, 4; 1945, ch. 81, §§ 3 to 5; C.S. 1945, §§ 54-103, 54-104; Laws 1949, ch. 49, §§ 3, 4; 1953, ch. 111, §§ 2, 3; 1955, ch. 230, § 1; 1957, ch. 88, §§ 2, 3; W.S. 1957, §§ 27-24, 27-25; Laws 1963, ch. 121, §§ 1 to 4; 1967, ch. 175, § 1; 1971, ch. 96, § 2; ch. 253, §§ 8, 11, 12, 14; 1977, ch. 156, § 1; W.S. 1977, §§ 27-3-103 , 27-3-104 ; Laws 1980, ch. 24, § 1; 1981, ch. 133, § 1; 1982, ch. 55, §§ 1, 2; 1983, ch. 114, § 1; 1984, ch. 50, § 2; 1987, ch. 98, § 1; 1989, ch. 222, § 2; 1990, ch. 63, § 2; 1992, ch. 18, § 1; 1993, ch. 19, §§ 1, 2; 1995, ch. 13, § 1; 1996, ch. 66, § 1; 1999, ch. 73, § 2; 2002 Sp. Sess., ch. 74, § 1; ch. 100, § 3; 2003, ch. 73, § 1; 2005, ch. 186, § 3.

The 2005 amendment, effective July 1, 2005, repealed former (a)(iv), pertaining to eligibility of an individual unemployed for a waiting period of one week, and repealed former (c), clarifying eligibility under (a)(iv).

Editor's notes. —

Laws 2009, ch. 161, § 2 provides: “The department of employment, unemployment insurance division, shall maintain records regarding the number of individuals claiming and awarded benefits and the amount of benefits awarded to individuals under W.S. 27-3-306(a)(i)(D), created by section 1 of this act. Not later than December 31, 2010 and not later than each December 31 of each year thereafter that benefits are provided under W.S. 27-3-306(a)(i)(D), the department shall submit a report to the joint labor, health and social services interim committee, detailing the number of claimants and amounts awarded pursuant to W.S. 27-3-306(a)(i)(D).”

Meaning of “this act.” —

For the definition of the term “this act,” referred to in the first sentence in subsection (b), see § 27-3-102(a)(xxii).

Cited in

Bettcher v. Wyoming Dep't of Emp., 884 P.2d 635, 1994 Wyo. LEXIS 142 (Wyo. 1994); Wyoming Dep't of Empl. v. Porter, 986 P.2d 148, 1999 Wyo. LEXIS 120 (Wyo. 1999).

Am. Jur. 2d, ALR and C.J.S. references. —

Outside piece workers as within unemployment compensation act, 1 ALR2d 555.

Taxicab driver as employee of owner of cab, or independent contractor, within social security and unemployment insurance statutes, 10 ALR2d 369.

Leaving employment, or unavailability for particular job or duties, because of sickness or disability, as affecting right to unemployment compensation, 14 ALR2d 1308.

Right to unemployment compensation of claimant who refuses nonunion employment, 56 ALR2d 1015.

Right to unemployment compensation or social security benefits of one working on his own projects or activities, 65 ALR2d 1182.

Severance payments as affecting right to unemployment compensation, 93 ALR2d 1319.

Failure or delay with respect to filing or reporting requirements as ground for denial of unemployment compensation benefits, 97 ALR2d 752.

Eligibility as affected by claimant's refusal to work at particular times or on particular shifts, 35 ALR3d 1129, 12 ALR4th 611.

Eligibility of employee laid off according to employer's mandatory retirement plan, 50 ALR3d 880.

Termination of employment because of pregnancy as affecting right to unemployment compensation, 51 ALR3d 254.

Alien's right to unemployment compensation benefits, 87 ALR3d 694.

Eligibility as affected by claimant's refusal to comply with requirements as to dress, grooming, or hygiene, 88 ALR3d 150.

Eligibility as affected by claimant's insistence upon conditions not common or customary to particular employment, 88 ALR3d 1353.

Unemployment compensation: eligibility as affected by claimant's refusal to accept employment at compensation less than that of previous job, 94 ALR3d 63.

Eligibility as affected by claimant's refusal to work at reduced compensation, 95 ALR3d 449.

Part-time or intermittent workers as covered by or as eligible for benefits under state unemployment compensation act, 95 ALR3d 891.

Eligibility as affected by mental, nervous, or psychological disorder, 1 ALR4th 802.

Unemployment compensation: trucker as employee or independent contractor, 2 ALR4th 1219.

Right to unemployment compensation as affected by claimant's receipt of holiday pay, 3 ALR4th 557.

Unemployment compensation as affected by vacation or payment in lieu thereof, 14 ALR4th 1175.

Right to unemployment compensation as affected by employee's refusal to work in areas where smoking is permitted, 14 ALR4th 1234.

Unemployment compensation: eligibility where claimant leaves employment under circumstances interpreted as a firing by the claimant but as a voluntary quit by the employer, 80 ALR4th 7.

Private employee's loss of employment because of refusal to submit to drug test as affecting right to unemployment compensation, 86 ALR4th 309.

Unemployment compensation: Eligibility as affected by claimant's refusal to work at particular times or on particular shifts for domestic or family reasons 2 ALR5th 475.

Unemployment compensation claimant's eligibility as affected by loss of, or failure to obtain, license, certificate or similar qualification for continued employment, 15 ALR5th 653.

Employee's control or ownership of corporation as precluding receipt of benefits under state unemployment compensation provisions, 23 ALR5th 176.

Eligibility for unemployment compensation as affected by claimant's voluntary separation or refusal to work alleging that the work is illegal or immoral, 41 ALR5th 123.

Leaving employment or unavailability for particular job or duties because of sickness or disability, as affecting right to unemployment compensation, 68 ALR5th 13.

Eligibility for unemployment compensation of employee who retires voluntarily, 75 ALR5th 339.

Determination of employer-employee relationship for social security contribution and unemployment tax purposes under § 3121(d)(2) of federal Insurance Contributions Act (26 USC § 3121(d)(2), § 3306(i) of federal Unemployment Tax Act (26 USC § 3306(i)), and implementing regulations, 37 ALR Fed 95.

Representation by attorney of social security benefit claimant in administrative proceeding, 59 ALR Fed 595.

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

1. 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:
   1. Enrolled in a training program approved by the department pursuant to subsection (b) of this section; or
   2. In training approved under federal law.
2. Standards for training program approval under subsection (a) of this section are:
   1. Licensed or accredited by the appropriate agency;
   2. Preparation for job skills for occupations with good employment opportunities;
   3. Individual interest, aptitude and motivation determined necessary by the department to complete the course successfully;
   4. Regular class attendance, satisfactory progress in course work and individual compliance with other training requirements of the institution;
   5. 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
   6. Current skills of the individual are obsolete or offer minimal employment opportunities.
3. Notwithstanding W.S. 27-3-311(a)(i), an otherwise eligible individual is eligible for benefits in any week if he:
   1. Is in training approved under federal law; or
   2. Left work to enter approved training if the work is not suitable, as defined under federal law.
4. 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:
   1. 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;
   2. Provides the department with a copy of his apprenticeship agreement;
   3. Files claims in accordance with the rules of the department;
   4. Establishes to the satisfaction of the department that the training is an approved apprenticeship program; and
   5. Has his most recent employer approve his participation in the training.

History. Laws 1937, ch. 113, § 4; 1939, ch. 124, § 9; 1941, ch. 96, § 4; 1943, ch. 58, § 4; 1945, ch. 81, § 5; C.S. 1945, § 54-104; Laws 1949, ch. 49, § 4; 1953, ch. 111, § 3; 1957, ch. 88, § 3; W.S. 1957, § 27-25; Laws 1963, ch. 121, § 4; 1967, ch. 175, § 1; 1971, ch. 253, §§ 11, 12; 1977, ch. 156, § 1; W.S. 1977, § 27-3-104 ; Laws 1980, ch. 24, § 1; 1982, ch. 55, § 1; 1983, ch. 114, § 1; 1989, ch. 222, § 2; 1990, ch. 63, § 2; 1991, ch. 83, § 1; 1999, ch. 73, § 2; 2003, ch. 73, § 1; 2005, ch. 186, § 2.

The 2005 amendment, effective July 1, 2005, in (d), substituted “and (iii)” for “(iii) and (iv).”

Requirements. —

District court properly upheld the Unemployment Insurance Commission’s denial of an employee’s request for unemployment benefits because he left work voluntarily after his employer could not accommodate his request for alternate hours or a new position to support his school schedule, and he did not qualify for the exception return “to approved training” where his enrollment in a nursing program absent the required determination did not meet the conditions of the statutory exception. Gerber v. State ex rel. Dep't of Workforce Servs., 2020 WY 90, 467 P.3d 153, 2020 Wyo. LEXIS 100 (Wyo. 2020).

Cited in

Wyoming Dep't of Empl. v. Porter, 986 P.2d 148, 1999 Wyo. LEXIS 120 (Wyo. 1999).

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

1. An individual is not eligible for benefits based on service:
   1. 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;
   2. 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;
   3. 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.
2. 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.

History. Laws 1937, ch. 113, § 4; 1939, ch. 124, § 9; 1941, ch. 96, § 4; 1943, ch. 58, § 4; 1945, ch. 81, § 5; C.S. 1945, § 54-104; Laws 1949, ch. 49, § 4; 1953, ch. 111, § 3; 1957, ch. 88, § 3; W.S. 1957, § 27-25; Laws 1963, ch. 121, § 4; 1967, ch. 175, § 1; 1971, ch. 253, §§ 11, 12; 1977, ch. 156, § 1; W.S. 1977, § 27-3-104 ; Laws 1980, ch. 24, § 1; 1982, ch. 55, § 1; 1983, ch. 114, § 1; 1984, ch. 50, § 2; 1986, ch. 56, § 1; 1988, ch. 51, § 1; 1989, ch. 222, § 2.

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

1. 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) [8 U.S.C. § 1182(d)(5)] of the Immigration and Nationality Act.
2. 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.

History. Laws 1937, ch. 113, § 4; 1939, ch. 124, § 9; 1941, ch. 96, § 4; 1943, ch. 58, § 4; 1945, ch. 81, § 5; C.S. 1945, § 54-104; Laws 1949, ch. 49, § 4; 1953, ch. 111, § 3; 1957, ch. 88, § 3; W.S. 1957, § 27-25; Laws 1963, ch. 121, § 4; 1967, ch. 175, § 1; 1971, ch. 253, §§ 11, 12; 1977, ch. 156, § 1; W.S. 1977, § 27-3-104 ; Laws 1980, ch. 24, § 1; 1982, ch. 55, § 1; 1983, ch. 114, § 1; 1991, ch. 35, § 1.

§ 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 [§ 27-14-101 et seq.] 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.

History. Laws 1967, ch. 236, § 1; W.S. 1977, § 27-3-105 ; Laws 1983, ch. 114, § 1; 1985, ch. 175, § 1; 1987, ch. 130, § 1; 1988, ch. 51, § 1; 1993, ch. 19, § 1; 1995, ch. 13, § 1.

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

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

1. 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:
   1. Left his most recent work voluntarily without good cause attributable directly to his employment, except:
      1. For bona fide medical reasons involving his health;
      2. If returning to approved training which meets the requirements of W.S. 27-3-307 ;
      3. If forced to leave the most recent work as a result of being a victim of documented domestic violence; or
      4. 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.
   2. Failed without good cause to apply for available suitable work;
   3. Failed without good cause to accept any offer of suitable work;
   4. Repealed by Laws 1983, Sp. Sess., ch. 2, § 3.
   5. 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
   6. 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.
   7. Repealed by Laws 2003, ch. 73, § 2.
2. Repealed by Laws 1983, Sp. Sess., ch. 2, § 2.
3. Repealed by Laws 1993, ch. 19, § 2.
4. Repealed by Laws 1985, ch. 175, § 3.
5. 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.
6. 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.

History. Laws 1937, ch. 113, § 5; 1939, ch. 124, § 10; 1941, ch. 96, § 5; 1945, ch. 81, § 6; C.S. 1945, § 54-105; Laws 1949, ch. 49, § 5; 1953, ch. 111, § 4; 1957, ch. 88, § 4; W.S. 1957, § 27-26; Laws 1963, ch. 121, § 5; 1967, ch. 175, § 2; 1969, ch. 58, § 1; 1971, ch. 253, § 13; 1977, ch. 156, § 1; W.S. 1977, § 27-3-106 ; Laws 1983, ch. 114, § 1; 1983, Sp. Sess., ch. 2, §§ 2, 3; 1984, ch. 50, § 2; 1985, ch. 175, §§ 1, 3; 1988, ch. 51, § 1; 1989, ch. 222, § 2; 1990, ch. 63, § 2; 1993, ch. 19, §§ 1, 2; 1995, ch. 13, § 1; 1999, ch. 73, § 2; 2003, ch. 73, §§ 1, 2; 2009, ch. 161, § 1; 2010, ch. 66, § 1; 2018, ch. 110, § 1.

The 2009 amendment, effective July 1, 2009, added (a)(i)(D).

The 2010 amendment, effective July 1, 2010, in (e), inserted “beginning the week following,” and deleted “determination or decision” following “the overpayment.”

The 2018 amendment, in (a)(i)(D), deleted the last sentence, which read: “This subparagraph is repealed effective July 1, 2018.”

Laws 2018, ch. 110, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 14, 2018.

Editor's notes. —

Laws 1983, Sp. Sess., ch. 2, § 4 reads: “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 that act.”

Laws 2009, ch. 161, § 2 provides: “The department of employment, unemployment insurance division, shall maintain records regarding the number of individuals claiming and awarded benefits and the amount of benefits awarded to individuals under W.S. 27-3-306(a)(i)(D), created by section 1 of this act. Not later than December 31, 2010 and not later than each December 31 of each year thereafter that benefits are provided under W.S. 27-3-306(a)(i)(D), the department shall submit a report to the joint labor, health and social services interim committee, detailing the number of claimants and amounts awarded pursuant to W.S. 27-3-306(a)(i)(D).”

Approved training. —

District court properly upheld the Unemployment Insurance Commission’s denial of an employee’s request for unemployment benefits because he left work voluntarily after his employer could not accommodate his request for alternate hours or a new position to support his school schedule, and he did not qualify for the exception return “to approved training” where his enrollment in a nursing program absent the required determination did not meet the conditions of the statutory exception. Gerber v. State ex rel. Dep't of Workforce Servs., 2020 WY 90, 467 P.3d 153, 2020 Wyo. LEXIS 100 (Wyo. 2020).

Misconduct connected with work.—

Denial of an applicant's request for unemployment insurance benefits was appropriate because the applicant was fired for misconduct connected with the applicant's work in that the applicant intentionally disregarded the employer's interest and/or the applicant's commonly accepted duties. Although a supervisor informed the applicant of the importance of not mixing product when the applicant was hired as a fuel truck driver, and the applicant was trained in how to unload fuel, the applicant twice mixed product when employed for two months. Clark v. State ex rel. Dep't of Workforce Servs., 2016 WY 89, 378 P.3d 310, 2016 Wyo. LEXIS 97 (Wyo. 2016).

Denial of applicant’s request for unemployment insurance benefits was appropriate because the applicant was discharged for misconduct connected with the applicant’s work as a police dispatcher in that the applicant disclosed documents containing confidential information to a city council member, who was not authorized to receive them. The applicant showed an intentional disregard for the city’s and police department’s interests in protecting confidential information and maintaining the chain of command to address reported policy violations. Mahoney v. City of Gillette, 2019 WY 28, 436 P.3d 444, 2019 Wyo. LEXIS 28 (Wyo. 2019).

Resignation effective at a future date. —

Unemployment insurance commission was required to follow its existing precedent concerning situations where employee gives a resignation notice effective at a future date, but employer terminates employee before that date is reached. Pette v. State ex rel. Department of Empl., 968 P.2d 952, 1998 Wyo. LEXIS 178 (Wyo. 1998).

To show “good cause,” as that term is used in subsection (a), evidence presented must demonstrate such a cause as justifies an employee's voluntarily leaving the ranks of the employed and joining the ranks of the unemployed; the quitting must be for such a cause as would reasonably motivate, in a similar situation, the average able-bodied and qualified worker to give up his employment with its certain wage rewards in order to enter the ranks of the compensated unemployed. Sage Club v. Employment Sec. Comm'n, 601 P.2d 1306, 1979 Wyo. LEXIS 479 (Wyo. 1979).

Employee's conviction that his employer was erroneously withholding wages constituted “good cause” under subsection (a)(i). Scott v. Fagan, 684 P.2d 805, 1984 Wyo. LEXIS 312 (Wyo. 1984).

Unsafe place to work could constitute good cause for a voluntary work termination. Beddow v. Employment Sec. Comm'n, 718 P.2d 12, 1986 Wyo. LEXIS 530 (Wyo. 1986).

Employees had good cause to resign, where their employer had harassed them in retaliation for their support of a former co-employee following his discharge and his subsequent proceedings before the commission (now department), wherein he successfully sought unemployment benefits. Southwest Wyo. Rehabilitation Ctr. v. Employment Sec. Comm'n, 781 P.2d 918, 1989 Wyo. LEXIS 217 (Wyo. 1989).

Unwelcome sexual advances constituted good cause. —

The claimant had good cause to leave her employment on the basis of unwelcome sexual advances by the president of the employer and the increasing number of violent episodes by the vice-president of the employer. Hat Six Homes, Inc. v. Department of Empl., 6 P.3d 1287, 2000 Wyo. LEXIS 148 (Wyo. 2000).

Statement of employee not misconduct. —

Unemployment insurance commission properly determined that statement of claimant was not an actual threat, and therefore did not constitute misconduct disqualifying him from receiving unemployment benefits. Wyoming Dep't of Empl., Unemployment Ins. Comm'n v. SF Phosphates, Ltd., 976 P.2d 199, 1999 Wyo. LEXIS 10 (Wyo. 1999).

No known obligation or responsibility shown. —

Unemployment benefits should have been awarded to a claimant because he did not commit misconduct in connection to an incident that arose while he was performing off-duty security work; there was no sheriff's department policy or procedure that specifically required photographs to be taken at the scene or that the claimant check on a victim's condition at a hospital. There had to be evidence of a known obligation or responsibility, as well as a willful and intentional failure to comply. State v. Laramie County (In re Ringrose), 2013 WY 68, 302 P.3d 900, 2013 Wyo. LEXIS 75 (Wyo. 2013).

Substantial evidence did not support a denial of an employee's unemployment insurance benefits claim because it was unreasonable to find the employee engaged in misconduct by chipping the motor fin on the employer's bike and installing a dented cylinder on a customer's bike, as the employer did not know of these acts when the employee was fired, so there was no evidence of a known obligation or responsibility and a willful and intentional failure to comply. Doggett v. Wyo. Dep't of Workforce Servs., 2014 WY 119, 334 P.3d 1231, 2014 Wyo. LEXIS 138 (Wyo. 2014).

Refusal to submit to urine test not misconduct. —

An employee's refusal to submit to a urine test was not misconduct, where the employer's demand to the employee that he yield up a sample of his urine to their corporate physician for analysis or resign on the spot was unreasonable and where there was no established company policy requiring, as a condition of the employment, any submission to either random testing for intoxicants or such testing based upon a reasonable and particularized suspicion. Employment Sec. Comm'n v. Western Gas Processors, 786 P.2d 866, 1990 Wyo. LEXIS 17 (Wyo. 1990).

Refusal to take drug/alcohol test not misconduct. —

Refusal to take a drug/alcohol test which was not brought about in accordance with the employer's established policy is not “misconduct” which will disqualify that employee from receiving unemployment compensation benefits. Wyoming Dep't of Employment, Div. of Unemployment Ins. v. Risser & McMurry Co., 837 P.2d 686, 1992 Wyo. LEXIS 132 (Wyo. 1992).

Changes in work routine not “good cause.” —

As a general rule, changes in customary working conditions not involving deceit or wrongful conduct on the part of the employer are not a sufficient reason for an employee voluntarily to leave work. Sage Club v. Employment Sec. Comm'n, 601 P.2d 1306, 1979 Wyo. LEXIS 479 (Wyo. 1979).

Trivial changes in an employee's work routine do not constitute “good cause” to quit work and collect unemployment benefits. Sage Club v. Employment Sec. Comm'n, 601 P.2d 1306, 1979 Wyo. LEXIS 479 (Wyo. 1979).

Walking off job following confrontation, deemed “misconduct.” —

While showing up for work on one occasion with little rest after a night at a bar might not in itself constitute “misconduct,” walking off the job after being confronted by a senior employee about the effects of such behavior is misconduct. Roberts v. Employment Sec. Comm'n, 745 P.2d 1355, 1987 Wyo. LEXIS 552 (Wyo. 1987).

Unintended or accidental work-rule violation, with consequent discharge, does not constitute statutory misconduct for denial of unemployment-benefit payment. Safety Medical Servs. v. Employment Sec. Comm'n, 724 P.2d 468, 1986 Wyo. LEXIS 609 (Wyo. 1986).

Employee who quits after minor, isolated altercation with fellow employee disqualified for benefits. —

The decision of the commission to disqualify an employee for benefits for voluntarily leaving his employment without good cause was supported by evidence that the employee was involved in a minor, isolated altercation with a fellow employee, was not injured, but quit his job. Employment Sec. Comm'n v. Bryant, 704 P.2d 1311, 1985 Wyo. LEXIS 546 (Wyo. 1985).

Employee blocking main entrance disqualified from benefits. —

An employee who blocks the main entrance to a mine site may be disqualified from benefit entitlement. Such conduct indicates a disregard for the mining company's interests and, therefore, amounts to misconduct under this section. Barker v. Employment Sec. Comm'n, 791 P.2d 583, 1990 Wyo. LEXIS 52 (Wyo. 1990).

Employer's pulling of time card precluded employee misconduct. —

Employer's “pulling” of employee's time card effectively terminated employee's employment and precluded an administrative finding that employee had voluntarily left without good cause, especially in light of additional evidence that employee had filled out a temporary absentee form in advance and had reacted in an abrupt manner with obscene language upon notification of his termination. Casper Iron & Metal v. Unemployment Ins. Comm'n of Dep't of Employment, 845 P.2d 387, 1993 Wyo. LEXIS 11 (Wyo. 1993).

Misrepresentation. —

Claimant for unemployment compensation benefits was disqualified under § 27-3-311(e) where the claimant stated on his application that he did not work for wages, but rather, he rented his welding equipment and then operated it for free. Judge v. Dep't of Empl., 2002 WY 109, 50 P.3d 686, 2002 Wyo. LEXIS 115 (Wyo. 2002).

Claimant's testimony substantial evidence. —

Unemployment Insurance Commission's acceptance of claimant's testimony could have found such to be substantial evidence indicating that the claimant did not engage in misconduct such that he should be denied unemployment benefits. City of Casper v. Wyoming Dep't of Employment, Unemployment Ins. Div., 851 P.2d 1, 1993 Wyo. LEXIS 77 (Wyo. 1993).

Failure to write report not misconduct. —

Unemployment benefits should have been awarded to a claimant because he did not commit misconduct under this section in connection to an incident that arose while he was performing off-duty security work since a sheriff's department policy did not establish a violation when the claimant did not write a report until ordered to do so. A violation occurred only if a report was not submitted by the last workday of the claimant's workweek. State v. Laramie County (In re Ringrose), 2013 WY 68, 302 P.3d 900, 2013 Wyo. LEXIS 75 (Wyo. 2013).

Isolated incident of ordinary negligence was not misconduct. —

Pursuant to review under Wyo. R. App. P. 12.09(a) and Wyo. Stat. Ann. § 16-3-114(c), there was substantial evidence supporting a claimant's award of unemployment insurance benefits because irrelevant evidence of an alleged conspiracy was properly excluded under Wyo. Stat. Ann. § 16-3-108(a) and claimant's conduct was determined to be ordinary negligence in an isolated instance and not misconduct under Wyo. Stat. Ann. § 27-3-311(f). Further, the hearing officer complied with Wyo. Stat. Ann. § 16-3-112(a) to provide the claimant's former employer with a fair and impartial hearing. Aspen Ridge Law Offices, P.C. v. Wyo. Dep't of Empl., 2006 WY 129, 143 P.3d 911, 2006 Wyo. LEXIS 142 (Wyo. 2006).

Applied in

Sierra Trading Post, Inc. v. Hinson, 2000 Wyo. LEXIS 27 , 996 P.2d 1144 (Wyo. 2000).

Quoted in

Weidner v. Life Care Ctrs. of Am., 893 P.2d 706, 1995 Wyo. LEXIS 58 (Wyo. 1995).

Cited in

General Chem. Corp. v. Unemployment Ins. Comm'n, 906 P.2d 380, 1995 Wyo. LEXIS 212 (Wyo. 1995); Nathan v. Am. Global Univ., 2005 WY 64, 113 P.3d 32, 2005 Wyo. LEXIS 76 (2005).

Am. Jur. 2d, ALR and C.J.S. references. —

Effect on right to unemployment compensation benefits of receipt of subsistence allowance under Federal Servicemen's Readjustment Act, 21 ALR2d 1072.

Right to unemployment compensation of one working on own projects or activities, 65 ALR2d 1182.

Harassment or garnishment by employee's creditor as constituting misconduct connected with employment so as to disqualify employee for unemployment compensation, 86 ALR2d 1013.

Effect on right to state unemployment compensation benefits of receipt of payments under private supplemental unemployment benefit plans, 91 ALR2d 1211.

Employee's insubordination as barring unemployment compensation, 26 ALR3d 1333, 20 ALR4th 637.

Work-connected inefficiency or negligence as “misconduct” barring unemployment compensation, 26 ALR3d 1356.

Right to unemployment compensation as affected by receipt of pension, 56 ALR3d 520.

Right to unemployment compensation as affected by receipt of social security benefits, 56 ALR3d 552.

Eligibility of strikers to obtain public assistance, 57 ALR3d 1303.

Discharge for absenteeism or tardiness as affecting right to unemployment compensation, 58 ALR3d 674.

Eligibility of participants in sympathy strike or slowdown, 61 ALR3d 746.

Labor dispute disqualification as applicable to striking employee who is laid off subsequent to employment during strike period, 61 ALR3d 766.

Refusal of nonstriking employees to cross picket line as justifying denial of unemployment compensation benefits, 62 ALR3d 380.

Application of labor dispute disqualification for benefits to locked out employee, 62 ALR3d 437.

General principles pertaining to statutory disqualification for unemployment compensation benefits because of strike or labor dispute, 63 ALR3d 88.

Unemployment compensation: harassment or other mistreatment by employer or supervisor as “good cause” justifying abandonment of employment, 76 ALR3d 1089.

Use of vulgar or profane language as bar to claim for unemployment compensation, 92 ALR3d 106.

Eligibility as affected by refusal to accept employment at compensation less than that of previous job, 94 ALR3d 63.

Unemployment compensation: eligibility as affected by claimant's refusal to work at reduced compensation, 95 ALR3d 449.

Eligibility as affected by mental, nervous, or psychological disorder, 1 ALR4th 802.

Right to unemployment compensation as affected by claimant's receipt of holiday pay, 3 ALR4th 557.

Leaving or refusing employment for religious reasons as barring unemployment compensation, 12 ALR4th 611.

Leaving or refusing employment because of allergic reaction as affecting right to unemployment compensation, 12 ALR4th 629.

Right to unemployment compensation as affected by employee's refusal to work in areas where smoking is permitted, 14 ALR4th 1234.

Right to unemployment compensation of one who quit job because not given enough work to keep busy, 15 ALR4th 256.

Employee's refusal to take lie detector test as barring unemployment compensation, 18 ALR4th 307.

Employee's act or threat of physical violence as bar to unemployment compensation, 20 ALR4th 637.

Eligibility for unemployment compensation as affected by voluntary resignation because of change of location of residence, 21 ALR4th 317.

Right to unemployment compensation as affected by misrepresentation in original employment application, 23 ALR4th 1272.

Discharge from employment on ground of political views or conduct as affecting right to unemployment compensation, 29 ALR4th 287.

Unemployment compensation: termination of employment, known to be for a specific, limited duration, upon expiration of period, as voluntary, 30 ALR4th 1201.

Conduct or activities of employees during off-duty hours as misconduct barring unemployment compensation benefits, 35 ALR4th 691.

Eligibility for unemployment compensation benefits of employee who attempts to withdraw resignation before leaving employment, 36 ALR4th 395.

Alcoholism or intoxication as ground for discharge justifying denial of unemployment compensation, 64 ALR4th 1151.

Unemployment compensation: burden of proof as to voluntariness of separation, 73 ALR4th 1093.

Employee's use of drugs or narcotics, or related problems, as affecting eligibility for unemployment compensation, 78 ALR4th 180.

Eligibility for unemployment compensation of employee who left employment based on belief that involuntary discharge was imminent, 79 ALR4th 528.

Unemployment compensation: eligibility where claimant leaves employment under circumstances interpreted as a firing by the claimant but as a voluntary quit by the employer, 80 ALR4th 7.

Private employee's loss of employment because of refusal to submit to drug test as affecting right to unemployment compensation, 86 ALR4th 309.

Validity, construction, and effect of state laws requiring payment of wages on resignation of employee immediately or within specified period, 11 ALR5th 715.

Unemployment compensation claimant's eligibility as affected by loss of, or failure to obtain, license, certificate or similar qualification for continued employment, 15 ALR5th 653.

Employee's control or ownership of corporation as precluding receipt of benefits under state unemployment compensation provisions, 23 ALR5th 176.

Right to unemployment compensation or social security benefits of teacher or other school employee, 33 ALR5th 643.

Eligibility for unemployment compensation as affected by claimant's voluntary separation or refusal to work alleging that the work is illegal or immoral, 41 ALR5th 123.

Unemployment compensation: leaving employment to become self-employed or to go into business for oneself as affecting right to unemployment compensation, 45 ALR5th 715.

Unemployment compensation: leaving employment in pursuit of other employment as affecting right to unemployment compensation, 46 ALR5th 659.

Unemployment compensation: leaving employment in pursuit of education or to attend training as affecting right to unemployment compensation, 47 ALR5th 775.

Leaving employment or unavailability for particular job or duties because of sickness or disability, as affecting right to unemployment compensation, 68 ALR5th 13.

Work-related inefficiency, incompetence, or negligence as “misconduct” barring unemployment compensation, 95 ALR5th 329.

Use of employer's e-mail or internet system as misconduct precluding unemployment compensation, 106 ALR5th 297.

Unemployment compensation: Harassment or other mistreatment by coworker as “good cause” justifying abandonment of employment, 121 ALR 5th 467.

Conduct or activities of employees during off-duty hours as misconduct barring unemployment compensation benefits. 18 A.L.R.6th 195.

Eligibility for compensation as affected by voluntary resignation because of change of location of residence under statute conditioning benefits upon leaving for “good cause attributable to the employer”, 26 A.L.R.6th 111.

Eligibility for unemployment compensation as affected by voluntary resignation because of change of location of residence under statute denying benefits to certain claimants based on particular disqualifying motive for move or unavailability for, 27 A.L.R.6th 123.

Construction and application of Employee Polygraph Protection Act of 1988 (29 USC §§ 2001 et seq.) 154 ALR Fed 315.

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

1. In determining if work is suitable for purposes of W.S. 27-3-311(a), the department shall consider:
   1. The risk involved to an individual’s health, safety and morals;
   2. The individual’s physical fitness;
   3. The length of unemployment of the individual;
   4. The prospects for securing local employment in the individual’s customary occupation;
   5. The distance of available employment from the individual’s residence; and
   6. If the individual is capable of performing the work.
2. Notwithstanding any other provision of this act, work is not suitable if:
   1. It is available because of a strike, lockout or other labor dispute;
   2. The wages, hours or other conditions are substantially less favorable for the individual than those prevailing for similar work within the locality; or
   3. 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.
3. Repealed by Laws 1984, ch. 50, § 3.

History. Laws 1937, ch. 113, § 5; 1939, ch. 124, § 10; 1941, ch. 96, § 5; 1945, ch. 81, § 6; C.S. 1945, § 54-105; Laws 1949, ch. 49, § 5; 1953, ch. 111, § 4; 1957, ch. 88, § 4; W.S. 1957, § 27-26; Laws 1963, ch. 121, § 5; 1967, ch. 175, § 2; 1969, ch. 58, § 1; 1971, ch. 253, § 13; 1977, ch. 156, § 1; W.S. 1977, § 27-3-106 ; Laws 1983, ch. 114, § 1; 1983, Sp. Sess., ch. 2, § 2; 1984, ch. 50, §§ 2, 3; 1990, ch. 63, § 2.

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

Am. Jur. 2d, ALR and C.J.S. references. —

Unemployment compensation: Eligibility as affected by claimant's refusal to work at particular times or on particular shifts for domestic or family reasons 2 ALR5th 475.

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

1. 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:
   1. 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;
   2. Repealed by Laws 2003, ch. 73, § 2.
   3. 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;
   4. 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;
   5. 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.
2. Payments received under this section shall be allocated pursuant to the regulations of the commission.
3. 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.

History. Laws 1937, ch. 113, § 5; 1939, ch. 124, § 10; 1941, ch. 96, § 5; 1945, ch. 81, § 6; C.S. 1945, § 54-105; Laws 1949, ch. 49, § 5; 1953, ch. 111, § 4; 1957, ch. 88, § 4; W.S. 1957, § 27-26; Laws 1963, ch. 121, § 5; 1967, ch. 175, § 2; 1969, ch. 58, § 1; 1971, ch. 253, § 13; 1977, ch. 156, § 1; W.S. 1977, § 27-3-106 ; Laws 1983, ch. 114, § 1; 1984, ch. 50, § 2; 1985, ch. 175, § 1; 1989, ch. 222, § 2; 1990, ch. 49, § 1; ch. 63, § 2; 1991, ch. 83, § 1; 1992, ch. 86 § 1; 2003, ch. 73, §§ 1, 2.

“Work stoppage.” —

“Work stoppage” refers to a worker's decision to withhold his or her services. General Chem. Corp. v. Unemployment Ins. Comm'n, 906 P.2d 380, 1995 Wyo. LEXIS 212 (Wyo. 1995).

The phrase “work stoppage,” as that phrase is used in subsection (a)(i) of this section, refers to a worker's decision to stop working as a result of a labor dispute. General Chem. Corp. v. Unemployment Ins. Comm'n, 906 P.2d 380, 1995 Wyo. LEXIS 212 (Wyo. 1995).

Legislative intent was to include “lockout” within “work stoppage resulting from labor dispute” as provided in subsection (a)(i). Wilcoxson v. Employment Sec. Comm'n, 741 P.2d 611, 1987 Wyo. LEXIS 501 (Wyo. 1987), reh'g denied, 1987 Wyo. LEXIS 522 (Wyo. Sept. 30, 1987).

Employee terminated during work stoppage. —

A claimant who is initially disqualified for unemployment benefits due to his participation in a work stoppage may become eligible for benefits despite the continuation of the work stoppage if the employee's relationship with the employer is terminated. Wyoming Dep't of Empl. v. Porter, 986 P.2d 148, 1999 Wyo. LEXIS 120 (Wyo. 1999).

Severance pay. —

An individual is disqualified from receiving unemployment benefits when an employer makes a severance payment. Bettcher v. Wyoming Dep't of Employment, 884 P.2d 635, 1994 Wyo. LEXIS 142 (Wyo. 1994).

Employee unjustly fired may withdraw retirement contributions.—

The department should have granted unemployment benefits to a former employee fired without cause, and should not have offset these benefits against the employee's withdrawal of retirement contributions. Wyoming Dep't of Employment, Div. of Unemployment Ins. v. Secrest, 811 P.2d 733, 1991 Wyo. LEXIS 95 (Wyo. 1991) (decided prior to 1992 amendment).

Am. Jur. 2d, ALR and C.J.S. references. —

Unemployment compensation: leaving employment to become self-employed or to go into business for oneself as affecting right to unemployment compensation, 45 ALR5th 715.

Unemployment compensation: leaving employment in pursuit of other employment as affecting right to unemployment compensation, 46 ALR5th 659.

Unemployment compensation: leaving employment in pursuit of education or to attend training as affecting right to unemployment compensation, 47 ALR5th 775.

§ 27-3-314. Extended benefit period; state “on” and “off” indicators; notice.

1. 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.
2. 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.
3. The department shall provide prior public notice of the beginning and the end of an extended benefit period within this state.

History. Laws 1937, ch. 113, § 3; 1939, ch. 124, § 8; 1941, ch. 96, § 3; 1943, ch. 58, § 3; 1945, ch. 81, §§ 3, 4; C.S. 1945, § 54-103; Laws 1949, ch. 49, § 3; 1953, ch. 111, § 2; 1955, ch. 230, § 1; 1957, ch. 88, § 2; W.S. 1957, § 27-24; Laws 1963, ch. 121, §§ 1 to 3; 1971, ch. 96, § 2; ch. 253, §§ 8, 14; 1977, ch. 156, § 1; W.S. 1977, § 27-3-103 ; Laws 1981, ch. 133, § 1; 1982, ch. 55, §§ 1, 2; 1983, ch. 114, § 1; 1990, ch. 63, § 2.

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

Cited in

Wyoming Dep't of Empl. v. Porter, 986 P.2d 148, 1999 Wyo. LEXIS 120 (Wyo. 1999).

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

1. An individual is an exhaustee under this article for any week of unemployment in his eligibility period if he has:
   1. 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
   2. 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
   3. 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
   4. 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
   5. 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.
2. An individual shall have received all regular benefits under paragraphs (a)(i) and (ii) of this section regardless of:
   1. 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;
   2. 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
   3. Any disqualification cancelling his wage credits or reducing all rights to regular benefits for his established benefit year.

History. Laws 1937, ch. 113, § 3; 1939, ch. 124, § 8; 1941, ch. 96, § 3; 1943, ch. 58, § 3; 1945, ch. 81, §§ 3, 4; C.S. 1945, § 54-103; Laws 1949, ch. 49, § 3; 1953, ch. 111, § 2; 1955, ch. 230, § 1; 1957, ch. 88, § 2; W.S. 1957, § 27-24; Laws 1963, ch. 121, §§ 1 to 3; 1971, ch. 96, § 2; ch. 253, §§ 8, 14; 1977, ch. 156, § 1; W.S. 1977, § 27-3-103 ; Laws 1981, ch. 133, § 1; 1982, ch. 55, §§ 1, 2; 1983, ch. 114, § 1.

Cited in

Wyoming Dep't of Empl. v. Porter, 986 P.2d 148, 1999 Wyo. LEXIS 120 (Wyo. 1999).

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

1. Except as otherwise provided by this article and regulation of the commission, regular benefit claim and payment provisions of this act [§§ 27-3-101 through 27-3-704 ] apply to extended benefits.
2. 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:
   1. 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);
   2. 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.
3. An eligible individual’s total extended benefit amount for his applicable benefit year is the lesser of:
   1. Fifty percent (50%) of his total amount of regular benefits under this article in the applicable benefit year; or
   2. 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.
4. 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.

History. Laws 1937, ch. 113, § 3; 1939, ch. 124, § 8; 1941, ch. 96, § 3; 1943, ch. 58, § 3; 1945, ch. 81, §§ 3, 4; C.S. 1945, § 54-103; Laws 1949, ch. 49, § 3; 1953, ch. 111, § 2; 1955, ch. 230, § 1; 1957, ch. 88, § 2; W.S. 1957, § 27-24; Laws 1963, ch. 121, §§ 1 to 3; 1971, ch. 96, § 2; ch. 253, §§ 8, 14; 1977, ch. 156, § 1; W.S. 1977, § 27-3-103 ; Laws 1981, ch. 133, § 1; 1982, ch. 55, §§ 1, 2; 1983, ch. 114, § 1; 1986, ch. 56, § 1.

Federal-State Extended Unemployment Compensation Act. —

The Federal-State Extended Unemployment Compensation Act, referred to in subsection (b)(i), appears as a note to 26 USCS § 3304.

Cited in

Wyoming Dep't of Empl. v. Porter, 986 P.2d 148, 1999 Wyo. LEXIS 120 (Wyo. 1999).

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

1. 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.
2. 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.
3. 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.
4. 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:
   1. Has engaged in a systematic and sustained effort to obtain work during the week; and
   2. Furnishes the department with tangible evidence of his effort for that week.
5. 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:
   1. 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
   2. 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.
6. 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:
   1. It is not offered in writing or not listed with the state employment service; or
   2. 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
   3. 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).
7. An individual disqualified from benefit entitlement under W.S. 27-3-311 shall be denied extended benefits until requalified as follows:
   1. 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
   2. 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
   3. In no event shall an individual receive extended benefits during a period in which he is disqualified from benefit entitlement.
8. 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.
9. Subsections (c) through (g) of this section shall not apply to weeks of unemployment beginning after March 6, 1993, and before January 1, 1995.

History. Laws 1937, ch. 113, § 3; 1939, ch. 124, § 8; 1941, ch. 96, § 3; 1943, ch. 58, § 3; 1945, ch. 81, §§ 3, 4; C.S. 1945, § 54-103; Laws 1949, ch. 49, § 3; 1953, ch. 111, § 2; 1955, ch. 230, § 1; 1957, ch. 88, § 2; W.S. 1957, § 27-24; Laws 1963, ch. 121, §§ 1 to 3; 1971, ch. 96, § 2; ch. 253, §§ 8, 14; 1977, ch. 156, § 1; W.S. 1977, § 27-3-103 ; Laws 1981, ch. 133, § 1; 1982, ch. 55, §§ 1, 2; 1983, ch. 114, § 1; 1984, ch. 50, § 2; 1988, ch. 51, § 1; 1990, ch. 63, § 2; 1993, ch. 60, § 1; 2004, ch. 130, § 1.

The 2004 amendment, in (g)(ii), substituted “27-3-311(f)” for “27-3-311(c).”

Laws 2004, ch. 130, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

Editor's notes. —

There is no subsection (i) in this section as it appears in the printed acts.

Cited in

Wyoming Dep't of Empl. v. Porter, 986 P.2d 148, 1999 Wyo. LEXIS 120 (Wyo. 1999).

Am. Jur. 2d, ALR and C.J.S. references. —

Unemployment compensation: leaving employment in pursuit of other employment as affecting right to unemployment compensation, 46 ALR5th 659.

Unemployment compensation: leaving employment in pursuit of education or to attend training as affecting right to unemployment compensation, 47 ALR5th 775.

§ 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.

History. Laws 1937, ch. 113, § 3; 1939, ch. 124, § 8; 1941, ch. 96, § 3; 1943, ch. 58, § 3; 1945, ch. 81, §§ 3, 4; C.S. 1945, § 54-103; Laws 1949, ch. 49, § 3; 1953, ch. 111, § 2; 1955, ch. 230, § 1; 1957, ch. 88, § 2; W.S. 1957, § 27-24; Laws 1963, ch. 121, §§ 1 to 3; 1971, ch. 96, § 2; ch. 253, §§ 8, 14; 1977, ch. 156, § 1; W.S. 1977, § 27-3-103 ; Laws 1981, ch. 133, § 1; 1982, ch. 55, §§ 1, 2; 1983, ch. 114, § 1; 1990, ch. 63, § 2.

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

1. 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.
2. 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.
3. 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.

History. Laws 1937, ch. 113, § 15; C.S. 1945, § 54-115; W.S. 1957, § 27-36; W.S. 1977, § 27-3-116; Laws 1983, ch. 114, § 1; 1996, ch. 4, § 2; 1997, ch. 91, § 2.

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

Bankruptcy cases. —

Unpublished decision: Although unemployment compensation and benefits paid from an employer's retirement plan were exempt under Wyo. Stat. Ann. §§ 27-3-319 and 1-20-110 , the taxes withheld from this income and refunded to the Chapter 7 debtor were not exempt. The taxes were withheld under 26 U.S.C.S. §§ 3402(p)(2) and 3405(c), and under § 3402(a)(1) were deemed to be a “tax.” 2011 Bankr. LEXIS 1631.

Applied in

Employment Sec. Comm'n v. Laramie Cabs, Inc., 700 P.2d 399, 1985 Wyo. LEXIS 489 (Wyo. 1985); Wyoming Dep't of Empl. v. Porter, 986 P.2d 148, 1999 Wyo. LEXIS 120 (Wyo. 1999).

Am. Jur. 2d, ALR and C.J.S. references. —

What constitutes duress by employer or former employer vitiating employee's release of employer from claims arising out of employment, 30 ALR4th 294.

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

1. The department shall at the time of filing, advise an individual filing an initial claim for benefits payable under this act that:
   1. Benefits are subject to federal income tax;
   2. Estimated federal income tax payments are required by the federal internal revenue service;
   3. 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
   4. Previously elected federal income tax withholding status under this section may be changed once during any one (1) benefit year.
2. 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.
3. 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.
4. 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.

History. Laws 1996, ch. 4, § 1.

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

Cited in

Wyoming Dep't of Empl. v. Porter, 986 P.2d 148, 1999 Wyo. LEXIS 120 (Wyo. 1999).

§ 27-3-321. Disclosure of supplemental nutrition assistance program overissuance required; notification; amount withheld; payment; applicability of provisions.

1. 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 supplemental nutrition assistance program benefits as defined in section 13(c)(1) of the Food and Nutrition Act of 2008. 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.
2. The department shall deduct and withhold from any unemployment compensation payable to an individual who owes an uncollected overissuance of supplemental nutrition assistance benefits:
   1. The amount specified by the individual to the department to be deducted and withheld under this section;
   2. The amount determined pursuant to an agreement under section 13(c)(3)(A) of the Food and Nutrition Act of 2008 and submitted to the department of family services; or
   3. Any amount otherwise required to be deducted and withheld from unemployment compensation pursuant to section 13(c)(3)(B) of the Food and Nutrition Act of 2008, whichever is greater.
3. Any amount deducted and withheld under this section shall be paid by the department to the department of family services.
4. 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.
5. 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.
6. 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.

History. Laws 1997, ch. 91, § 1; 2013, ch. 193, § 1.

The 2013 amendment, effective July 1, 2013, in (a) and (b), substituted “supplemental nutrition assistance program benefits” for “food stamp coupons” and in (a), (b)(ii) and (b)(iii), substituted “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977.”

Editor's notes. —

The Food and Nutrition Act of 2008 is codified as 7 U.S.C. § 2011 et seq.

Cited in

Wyoming Dep't of Empl. v. Porter, 986 P.2d 148, 1999 Wyo. LEXIS 120 (Wyo. 1999).

§ 27-3-401. Filing notice and electronic communications.

1. Benefit claims shall be filed in accordance with regulations of the commission.
2. 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.
3. A claimant or employer may elect to have determinations, decisions or notices transmitted electronically through an internet application approved by the department, in lieu of transmission through the regular mail. Once the election is made by the claimant or employer, any determination, decision or notice required to be mailed to that claimant or employer by this article may be transmitted instead through an internet application approved by the department. Upon the completion of every electronic transmission authorized by this subsection, the department shall provide to the claimant or employer an electronic acknowledgement specifying the date and time when the transmission was sent or received. Except as otherwise required by rules applicable to appeals to the courts of this state, determinations, decisions or notices transmitted by an approved electronic means may be appealed or protested by use of the same means. For the purpose of all relevant time limits established by this article, electronically transmitted information shall be deemed delivered on the date indicated on the acknowledgment required by this subsection, or if no acknowledgement exists, on the date the electronic delivery is initiated by the party sending the information.

History. Laws 1937, ch. 113, § 6; 1941, ch. 96, § 6; C.S. 1945, § 54-106; Laws 1957, ch. 88, § 5; W.S. 1957, § 27-27; Laws 1963, ch. 121, §§ 6-8; 1969, ch. 60, § 2; 1977, ch. 156, § 1; W.S. 1977, § 27-3-107 ; Laws 1983, ch. 114, § 1; 1985, ch. 175, § 1; 1990, ch. 63, § 2; 2017, ch. 6, § 2.

The 2017 amendment added (c).

Laws 2017, ch. 6, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 13, 2017.

Inconsistent administrative provisions superseded. —

To the extent the provisions of this section (now article) are inconsistent with the Wyoming Administrative Procedure Act (§ 16-3-101 et seq.), they are superseded. Sage Club v. Employment Sec. Comm'n, 601 P.2d 1306, 1979 Wyo. LEXIS 479 (Wyo. 1979).

Review of decisions. —

On appeals, the supreme court must review the decision of the district court and the employment security commission in the exact same light. Sage Club v. Employment Sec. Comm'n, 601 P.2d 1306, 1979 Wyo. LEXIS 479 (Wyo. 1979).

Decision conclusive upon failure to appeal. —

Where judicial review is granted by this section (now article), but no appeal is taken, the decision of the commission becomes conclusive. Salt Creek Freightways v. Wyoming Fair Employment Practices Comm'n, 598 P.2d 435, 1979 Wyo. LEXIS 439 (Wyo. 1979).

Commission decision res judicata. —

The decision of the employment security commission that an employee was not discriminated against on account of her religious practices is a bar to relitigation of that issue before the fair employment commission under the doctrine of res judicata. Salt Creek Freightways v. Wyoming Fair Employment Practices Comm'n, 598 P.2d 435, 1979 Wyo. LEXIS 439 (Wyo. 1979).

Cited in

Wyoming Dep't of Emp. v. Wyoming Restaurant Assocs., 859 P.2d 1281, 1993 Wyo. LEXIS 153 (Wyo. 1993); Hat Six Homes, Inc. v. State, 6 P.3d 1287, 2000 Wyo. LEXIS 148 (Wyo. 2000); Koch v. Dep't of Empl., 2013 WY 12, 2013 Wyo. LEXIS 15 (Jan 31, 2013).

Am. Jur. 2d, ALR and C.J.S. references. —

Declaratory relief with respect to unemployment compensation, 14 ALR2d 826.

Repayment of unemployment compensation benefits erroneously paid, 90 ALR3d 987.

Unemployment compensation: eligibility as affected by claimant's refusal to work at reduced compensation, 95 ALR3d 449.

Part-time or intermittent workers as covered by or as eligible for benefits under state unemployment compensation act, 95 ALR3d 891.

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

1. 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 twenty-eight (28) days after notice is mailed to his last known address of record.
2. Repealed by Laws 1999, ch. 73, § 3.
3. 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.
4. 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.
5. 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 twenty-eight (28) days after notice is mailed to the last known address of record of the interested party.

History. Laws 1937, ch. 113, § 6; 1941, ch. 96, § 6; C.S. 1945, § 54-106; Laws 1957, ch. 88, § 5; W.S. 1957, § 27-27; Laws 1963, ch. 121, §§ 6 to 8; 1969, ch. 60, § 2; 1977, ch. 156, § 1; W.S. 1977, § 27-3-107 ; Laws 1983, ch. 114, § 1; 1985, ch. 175, § 1; 1989, ch. 222, § 2; 1990, ch. 63, § 2; 1992, ch. 10, § 1; 1996, ch. 4, § 2; 1999, ch. 73, §§ 2, 3; 2003, ch. 73, § 1; 2005, ch. 186, § 2; 2015, ch. 87, § 1.

The 2005 amendment, effective July 1, 2005, transferred the former third sentence in (a) to the beginning of (c); also in (c) deleted the former second sentence which read: “A deputy may reconsider a nonmonetary or chargeability determination if a party entitled to notice or the department files a protest in writing within fifteen (15) days of the date the determination was mailed, except for determinations of which the last employer was given notice as specified under subsection (d) of this section,” and rewrote the last sentence; and in (d), deleted “or a redetermination” in the first sentence and rewrote the last sentence as two sentences, requiring notice to be mailed to the last known address of record.

The 2015 amendment, effective July 1, 2015, substituted “twenty-eight (28) days” for “fifteen (15) days” in (a) and (e).

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

Subsection (c) grounds required for reconsideration. —

The employment security commission lacks authority to reconsider its own ruling in contested case when that ruling was made by the full commission at the final stage of intra-agency review, unless the grounds for reconsideration listed in subsection (c) are present. Decisions of the full commission sitting as an appellate tribunal are final unless a judicial appeal is taken to the district court by an unsuccessful party. Hupp v. Employment Sec. Comm'n, 715 P.2d 223, 1986 Wyo. LEXIS 500 (Wyo. 1986).

Applied in

Gibson v. Wyoming Div. of Unemployment Ins., 907 P.2d 1306, 1995 Wyo. LEXIS 221 (Wyo. 1995).

Quoted in

Casper Iron & Metal, Inc. v. Unemployment Ins. Comm'n of Dep't of Emp., 845 P.2d 387, 1993 Wyo. LEXIS 11 (Wyo. 1993).

Cited in

Koch v. Dep't of Empl., 2013 WY 12, 2013 Wyo. LEXIS 15 (Jan 31, 2013).

Law reviews. —

For article, Tyler J. Garrett, ‘Anatomy of a Wyoming Appeal: A Practitioner's Guide for Civil Cases’, see 16 Wyo. L. Rev. 139 (2016).

Am. Jur. 2d, ALR and C.J.S. references. —

Unemployment compensation: leaving employment to become self-employed or to go into business for oneself as affecting right to unemployment compensation, 45 ALR5th 715.

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

1. 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.
2. 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.
3. 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 .

History. Laws 1937, ch. 113, § 6; 1941, ch. 96, § 6; C.S. 1945, § 54-106; Laws 1957, ch. 88, § 5; W.S. 1957, §§ 27-27; Laws 1963, ch. 121, §§ 6 to 8; 1969, ch. 60, § 2; 1977, ch. 156, § 1; W.S. 1977, § 27-3-107 ; Laws 1983, ch. 114, § 1.

Proof of mailing. —

The business custom and usage of the commission which would result in the mailing of a notice are sufficient to establish the fact of such mailing absent evidence to the contrary other than a bald statement that it was not received. Section 27-3-404(a) authorizes administrative review requested “within fifteen (15) days after notice is mailed or delivered.” Such authorization is just as mandatory and jurisdictional as is a timely filing of a petition for review of an administrative action by a district court. Employment Sec. Comm'n v. Young, 713 P.2d 198, 1986 Wyo. LEXIS 457 (Wyo. 1986).

Stated in

Hupp v. Employment Sec. Comm'n, 715 P.2d 223, 1986 Wyo. LEXIS 500 (Wyo. 1986).

Cited in

Koch v. Dep't of Empl., 2013 WY 12, 2013 Wyo. LEXIS 15 (Jan 31, 2013).

Am. Jur. 2d, ALR and C.J.S. references. —

Propriety of telephone testimony or hearings in unemployment compensation proceedings, 90 ALR4th 532.

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

1. The commission may within twenty-eight (28) days after notice is mailed or delivered:
   1. Review a decision of an appeal tribunal;
   2. Review a determination of a special examiner; or
   3. 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.
2. 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.
3. 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.
4. 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.

History. Laws 1937, ch. 113, § 6; 1941, ch. 96, § 6; C.S. 1945, § 54-106; Laws 1957, ch. 88, § 5; W.S. 1957, § 27-27; Laws 1963, ch. 121, §§ 6 to 8; 1969, ch. 60, § 2; 1977, ch. 156, § 1; W.S. 1977, § 27-3-107 ; Laws 1983, ch. 114, § 1; 1992, ch. 10, § 1; 2015, ch. 87, § 1.

The 2015 amendment, effective July 1, 2015, in the introductory language of (a), substituted “twenty-eight (28) days” for “fifteen (15) days.”

Reconsideration of ruling. —

The employment security commission lacks authority to reconsider its own ruling in contested case when that ruling was made by the full commission at the final stage of intra-agency review, unless the grounds for reconsideration listed in § 27-3-402(c) are present. Decisions of the full commission sitting as an appellate tribunal are final unless a judicial appeal is taken to the district court by an unsuccessful party. Hupp v. Employment Sec. Comm'n, 715 P.2d 223, 1986 Wyo. LEXIS 500 (Wyo. 1986).

Proof of mailing. —

The business custom and usage of the commission which would result in the mailing of a notice are sufficient to establish the fact of such mailing absent evidence to the contrary other than a bald statement that it was not received. Subsection (a) authorizes administrative review requested “within fifteen (15) days after notice is mailed or delivered.” Such authorization is just as mandatory and jurisdictional as is a timely filing of a petition for review of an administrative action by a district court. Employment Sec. Comm'n v. Young, 713 P.2d 198, 1986 Wyo. LEXIS 457 (Wyo. 1986).

Unemployment Insurance Commission is final authority. —

The Unemployment Insurance Commission is the final agency adjudicating authority; the Commission's final decision is the decision to be reviewed by the district court under Rule 12 of Wyoming Rules of Appellate Procedure, not those decisions which were made at intermediate stages in the process. City of Casper v. Wyoming Dep't of Employment, Unemployment Ins. Div., 851 P.2d 1, 1993 Wyo. LEXIS 77 (Wyo. 1993).

Commission acted within its authority. —

Wyoming Department of Employment, Unemployment Insurance Commission acted within its authority under Wyo. Stat. Ann. § 27-3-404(b) when it reviewed and reversed a hearing examiner's decision awarding an employee unemployment benefits; the record showed that the action proceeded through the agency review process as authorized by statute. Koch v. Dep't of Empl., 2013 WY 12, 294 P.3d 888, 2013 Wyo. LEXIS 15 (Wyo. 2013).

Quoted in

Barker v. Employment Sec. Comm'n, 791 P.2d 583, 1990 Wyo. LEXIS 52 (Wyo. 1990).

Stated in

State ex rel. Dep't of Workforce Servs. v. Kinneman, 2016 WY 79, 377 P.3d 776, 2016 Wyo. LEXIS 87 (Wyo. 2016).

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

1. A hearing or appeal before a tribunal under this article shall be conducted in accordance with the Wyoming Administrative Procedure Act [§§ 16-3-101 through 16-3-115 ].
2. 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.
3. 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.
4. 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.

History. Laws 1937, ch. 113, § 6; 1941, ch. 96, § 6; C.S. 1945, § 54-106; Laws 1957, ch. 88, § 5; W.S. 1957, § 27-27; Laws 1963, ch. 121, §§ 6 to 8; 1969, ch. 60, § 2; 1977, ch. 156, § 1; W.S. 1977, § 27-3-107 ; Laws 1983, ch. 114, § 1; 1985, ch. 175, § 1.

Stated in

Hupp v. Employment Sec. Comm'n, 715 P.2d 223, 1986 Wyo. LEXIS 500 (Wyo. 1986).

Am. Jur. 2d, ALR and C.J.S. references. —

Propriety of telephone testimony or hearings in unemployment compensation proceedings, 90 ALR4th 532.

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

1. 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.
2. 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.
3. 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.
4. 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.

History. Laws 1937, ch. 113, § 6; 1941, ch. 96, § 6; C.S. 1945, § 54-106; Laws 1957, ch. 88, § 5; W.S. 1957, § 27-27; Laws 1963, ch. 121, §§ 6 to 8; 1969, ch. 60, § 2; 1977, ch. 156, § 1; W.S. 1977, § 27-3-107 ; Laws 1983, ch. 114, § 1; 1988, ch. 51, § 1; 1990, ch. 63, § 2.

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

Resignation effective at a future date. —

Unemployment insurance commission was required to follow its existing precedent concerning situations where employee gives a resignation notice effective at a future date, but employer terminates employee before that date is reached. Pette v. State ex rel. Department of Empl., 968 P.2d 952, 1998 Wyo. LEXIS 178 (Wyo. 1998).

Cited in

Nelson v. Crimson Enters., Inc., 777 P.2d 73, 1989 Wyo. LEXIS 176 (Wyo. 1989).

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

1. 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 [§§ 16-3-101 through 16-3-115 ] and shall be given precedence over all other civil cases except those under the Wyoming Worker’s Compensation Act [§ 27-14-101 et seq.].
2. 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.
3. 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.

History. Laws 1937, ch. 113, § 6; 1941, ch. 96, § 6; C.S. 1945, § 54-106; Laws 1957, ch. 88, § 5; W.S. 1957, § 27-27; Laws 1963, ch. 121, §§ 6 to 8; 1969, ch. 60, § 2; 1977, ch. 156, § 1; W.S. 1977, § 27-3-107 ; Laws 1983, ch. 114, § 1; 1985, ch. 175, § 1.

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

Payment under protest not required. —

This section provides for judicial review based upon the requirements of § 16-3-114 of the Wyoming Administrative Procedure Act, — “aggrieved or adversely affected” — but does not specifically require payment under protest before obtaining judicial review. Wyoming Dep't of Employment v. Wyoming Restaurant Assocs., 859 P.2d 1281, 1993 Wyo. LEXIS 153 (Wyo. 1993).

Applied in

Bettcher v. Wyoming Dep't of Emp., 884 P.2d 635, 1994 Wyo. LEXIS 142 (Wyo. 1994).

Quoted in

Sellers v. Employment Sec. Comm'n, 760 P.2d 394, 1988 Wyo. LEXIS 111 (Wyo. 1988).

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

1. 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 .
2. 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.
3. 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.

History. Laws 1937, ch. 113, §§ 6, 11; 1939, ch. 124, § 15; 1941, ch. 96, §§ 6, 10; C.S. 1945, §§ 54-106, 54-111; Laws 1949, ch. 49, § 11; 1957, ch. 88, § 5; W.S. 1957, §§ 27-27, 27-33; Laws 1963, ch. 121, §§ 6 to 8; 1967, ch. 71, § 1; 1969, ch. 60, § 2; 1973, ch. 215, § 1; 1977, ch. 156, § 1; W.S. 1977, §§ 27-3-107 , 27-3-113; Laws 1979, ch. 141, § 1; 1981, ch. 133, § 1; 1982, ch. 55, § 1; 1983, ch. 114, § 1; 1988, ch. 51, § 1; 1990, ch. 63, § 2; 1991, ch. 83, § 1.

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

Absent statutory authority, courts cannot order commission to pay claimant's attorney's fees, and subsection (b), intending to protect the claimant against unreasonable attorney's fees, plainly provides that the court shall “approve” fees. To approve is not to order payment. Employment Sec. Comm'n v. Swartz, 740 P.2d 401, 1987 Wyo. LEXIS 481 (Wyo. 1987) (decided prior to 1991 amendment).

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

1. 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. Except as provided in W.S. 27-3-506(e), 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.
2. 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, offset through the treasury offset program of the  United States treasury, U.S.C. Section 6402(f), or voluntary  reimbursement agreement:
   1. 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;
   2. The department may also recover overpaid benefits from an individual by civil action brought in the name of the department;
   3. 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.
3. 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.
4. Any overpayment of benefits fraudulently received shall be assessed a penalty equal to twenty percent (20%) 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. One-fourth (1/4) of the amounts collected pursuant to the initial penalty and all of the additional penalties shall be paid into the employment security revenue account and the department shall utilize those collected amounts for administrative costs of overpayment collection, fraud investigation, developing and providing educational programs for this act. Three-fourths (3/4) of the amounts collected pursuant to the initial penalty shall be paid into the unemployment trust fund account. Offset shall not be used to recover amounts due under this section.
5. The department shall cancel the amount of overpayment or penalty due on any overpayment when:
   1. The individual is deceased with no estate or the estate is closed and all assets are distributed; or
   2. The individual is adjudicated insolvent by a court of competent jurisdiction with no remaining assets.
6. 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:
   1. The individual cannot be located;
   2. The individual is totally unable to work; or
   3. 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.

History. Laws 1937, ch. 113, § 6; 1941, ch. 96, § 6; C.S. 1945, § 54-106; Laws 1957, ch. 88, § 5; W.S. 1957, § 27-27; Laws 1963, ch. 121, §§ 6 to 8; 1969, ch. 60, § 2; 1977, ch. 156, § 1; W.S. 1977, § 27-3-107 ; Laws 1983, ch. 114, § 1; 1985, ch. 175, § 1; 1989, ch. 222, § 2; 1990, ch. 63, § 2; 1991, ch. 35, § 1; 1993, ch. 19, § 1; 2003, ch. 73, § 1; 2007, ch. 177, § 1; 2010, ch. 66, § 1; 2013, ch. 133, § 1; 2016, ch. 29, § 1.

The 2007 amendment, effective July 1, 2007, in (b)(i), inserted “if the claim was not fraudulent,” and inserted the second sentence; in (f), substituted “after the expiration of the time period described in paragraph (b)(i) of this section” for “five (5) years after the effective date of the claim resulting in an overpayment” in the introductory language, deleted “within the state of Wyoming” following “located” at the end of the sentence in (i).

The 2010 amendment, effective July 1, 2010, in the introductory language of (b), substituted “by any combination of” for “either by,” and “voluntary reimbursement agreement” for “both”; added (b)(iii); and in the introductory language of (f), substituted “eight (8) years from the effective date of the claim resulting in the overpayment” for “the expiration of the time period described in paragraph (b)(i) of this section.”

The 2013 amendment, effective July 1, 2013, added the exception in the third sentence of (a) and rewrote (d).

The 2016 amendment , effective July 1, 2016, inserted “, offset through the treasury offset program of the United States treasury, 26 U.S.C. Section 6402(f),” in (b).

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

Plain meaning of subsection (b)(i) is that absence of fault must be conjoined with findings that recoupment defeats the purpose of this chapter or is against equity and good conscience according to unemployment insurance commission regulations. Gibson v. Wyoming Div. of Unemployment Ins., 907 P.2d 1306, 1995 Wyo. LEXIS 221 (Wyo. 1995) (decided prior to 2003 amendment).

Applied in

Wyoming Dep't of Emp. v. Banks, 854 P.2d 709, 1993 Wyo. LEXIS 108 (Wyo. 1993).

Cited in

Wyoming Dep't of Empl. v. Porter, 986 P.2d 148, 1999 Wyo. LEXIS 120 (Wyo. 1999).

§ 27-3-501. Definitions.

1. As used in this article:
   1. “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;
   2. “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;
   3. “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;
   4. “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);
   5. “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);
   6. “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);
   7. “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;
   8. “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:
      1. Assigns the worker to perform services for the client;
      2. Sets the rate of pay of the worker, whether or not through negotiations;
      3. Pays the worker directly;
      4. Retains the authority to assign or refuse to assign a worker to other clients if the worker is unacceptable to a specific client;
      5. Determines assignments of workers even though the worker may retain the right to refuse specific assignments;
      6. Negotiates with the client on matters of time, place, type of work, working conditions, quality and price of the service.
   9. “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;
   10. “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;
   11. 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.

History. Laws 1937, ch. 113, § 7; 1939, ch. 124, § 11; 1943, ch. 58, § 5; 1945, ch. 81, § 7; C.S. 1945, § 54-107; Laws 1949, ch. 49, §§ 6 to 9; 1953, ch. 111, §§ 5 to 7; 1957, ch. 88, §§ 6, 7; W.S. 1957, § 27-28; Laws 1963, ch. 121, §§ 9, 10; 1965, ch. 186, § 1; 1967, ch. 215, § 2; 1969, ch. 59, § 1; 1971, ch. 253, §§ 9, 16; 1973, ch. 79, § 1; 1977, ch. 156, § 1; ch. 159, § 1; W.S. 1977, § 27-3-108 ; Laws 1979, ch. 51, § 1; ch. 141, §§ 1, 2; 1981, ch. 133, § 2; 1983, ch. 114, § 1; 1983, Sp. Sess., ch. 2, § 2; 1985, ch. 175, § 1; 1989, ch. 222, § 2; 2001, ch. 67, § 1; 2005, ch. 186, § 2.

The 2005 amendment, effective July 1, 2005, added (a)(ix) through (a)(xi).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Unemployment Tax Act. —

Section 3306 of the federal Unemployment Tax Act appears as 26 U.S.C. § 3306.

Tax imposed by Unemployment Compensation Act is an excise tax. Unemployment Compensation Comm'n v. Renner, 59 Wyo. 437, 143 P.2d 181, 1943 Wyo. LEXIS 25 (Wyo. 1943).

Limitation on amount of tax. —

Since unemployment tax or charge imposed upon employers is imposed for specific ultimate purpose, it should be limited to amount reasonably sufficient, and sufficient only, to accomplish that purpose. Unemployment Compensation Comm'n v. Renner, 59 Wyo. 437, 143 P.2d 181, 1943 Wyo. LEXIS 25 (Wyo. 1943).

Am. Jur. 2d, ALR and C.J.S. references. —

Incidence of unemployment compensation upon employer, where, during the base year, employee worked in different states for same employer, 9 ALR2d 646.

Service charges made by hotels or restaurants and later distributed to waiters or similar employees as “wages” upon which state unemployment taxes or contributions are required to be paid, 83 ALR2d 1024.

Liability of political party or its subdivision for contributions under unemployment compensation acts, 43 ALR3d 1351.

Repayment of unemployment compensation benefits erroneously paid, 90 ALR3d 987.

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

1. 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 .
2. 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.
3. 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:
   1. Repealed by Laws 1999, ch. 73, § 3.
   2. 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;
   3. A domestic employer paying wages of less than one thousand dollars ($1,000.00) in each quarter of the preceding calendar year;
   4. A nonprofit organization paying wages for less than four (4) individuals or for less than twenty (20) weeks in the preceding year.
4. 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.
5. 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.
6. 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.
7. Notwithstanding any other provisions of this act:
   1. 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;
   2. 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;
   3. 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;
   4. 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;
   5. 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;
   6. Repealed by Laws 2007, ch. 177, § 2.
   7. 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.
8. 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.

History. Laws 1937, ch. 113, §§ 8, 11; 1939, ch. 124, §§ 12, 15; 1941, ch. 96, §§ 7, 10; 1943, ch. 58, § 6; 1945, ch. 81, § 8; C.S. 1945, §§ 54-108, 54-111; Laws 1949, ch. 49, § 11; W.S. 1957, §§ 27-30, 27-33; Laws 1967, ch. 71, § 1; 1971, ch. 253, § 16; 1973, ch. 215, § 1; 1977, ch. 156, § 2; W.S. 1977, §§ 27-3-110, 27-3-113; Laws 1979, ch. 141, § 1; 1981, ch. 133, § 1; 1982, ch. 55, § 1; 1983, ch. 114, § 1; 1984, ch. 50, § 2; 1987, ch. 130, § 1; 1989, ch. 222, § 2; 1990, ch. 63, § 2; 1991, ch. 174, § 2; ch. 241, § 3; 1993, ch. 76, § 1; 1995, ch. 121, § 2; 1999, ch. 73, §§ 2, 3; 2005, ch. 186, § 2; 2007, ch. 177, § 2.

The 2005 amendment, effective July 1, 2005, added (g)(vii).

The 2007 amendment, effective July 1, 2007, repealed former (g)(vi), which read: “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.”

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

Quoted in

Employment Sec. Comm'n v. Laramie Cabs, Inc., 700 P.2d 399, 1985 Wyo. LEXIS 489 (Wyo. 1985); Wyo. Dep't of Empl. v. Jolley, Castillo, Drennon, Ltd., 2010 WY 48, 229 P.3d 955, 2010 Wyo. LEXIS 51 (Apr. 22, 2010).

Stated in

Hupp v. Employment Sec. Comm'n, 715 P.2d 223, 1986 Wyo. LEXIS 500 (Wyo. 1986).

Cited in

General Chem. Corp. v. Unemployment Ins. Comm'n, 902 P.2d 716, 1995 Wyo. LEXIS 172 (Wyo. 1995).

Am. Jur. 2d, ALR and C.J.S. references. —

Right of successor in business to experience or rating of predecessor for purpose of fixing rate of unemployment compensation contributions, 22 ALR2d 673.

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

1. 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.
2. 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.
3. Upon reviewing the account of a delinquent employer, the department may eliminate or reduce contributions payable due to the two percent (2%) delinquency tax rate increase imposed under subsection (b) of this section either upon a showing of good cause, or a finding that:
   1. The delinquency is less than one thousand dollars ($1,000.00);
   2. 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);
   3. All delinquent amounts are paid by December 31 preceding the calendar year for which the delinquent rate has been assigned; and
   4. All delinquent wage records are submitted.
4. Rate variations from the base rate of contributions based upon the employer’s benefit ratio shall be assigned to eligible employers each calendar year.
5. 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.
6. 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.
7. Repealed by Laws 2003, ch. 123, § 3.
8. 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.
9. 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.

History. Laws 1937, ch. 113, § 7; 1939, ch. 124, § 11; 1943, ch. 58, § 5; 1945, ch. 81, § 7; C.S. 1945, § 54-107; Laws 1949, ch. 49, §§ 6 to 9; 1953, ch. 111, §§ 5 to 7; 1957, ch. 88, §§ 6, 7; W.S. 1957, § 27-28; Laws 1963, ch. 121, §§ 9, 10; 1965, ch. 186, § 1; 1967, ch. 215, § 2; 1969, ch. 59, § 1; 1971, ch. 253, §§ 9, 16; 1973, ch. 79, § 1; 1977, ch. 156, § 1; ch. 159, § 1; W.S. 1977, § 27-3-108 ; Laws 1979, ch. 51, § 1; ch. 141, §§ 1, 2; 1981, ch. 133, § 2; 1983, ch. 114, § 1; 1983, Sp. Sess., ch. 2, § 2; 1984, ch. 50, § 2; 1985, ch. 175, § 1; 1986, ch. 101, § 1; 1987, ch. 130, § 1; 1989, ch. 222, § 2; 1990, ch. 63, § 2; 1997, ch. 168, § 2; 2001, ch. 148, § 1; 2002 Sp. Sess., ch. 74, § 1; 2003, ch. 73, § 1; ch. 123, §§ 2, 3; 2005, ch. 72, § 1; 2007, ch. 177, § 1; 2017, ch. 102, § 1.

Cross references. —

As to the state unemployment insurance trust fund, see § 27-3-209 .

The 2003 amendment, effective January 1, 2004, in (b), (e) and (f) deleted “a special reserve contribution rate assigned under subsection (g) of this section and” or a variant; also in (b), rewrote the third sentence; and repealed former (g), pertaining to a special reserve rate.

The 2005 amendment, effective July 1, 2005, added (j).

The 2007 amendment, effective July 1, 2007, in (b), deleted the second sentence regarding the base rate for any employer for the 2003 calendar year; inserted “paying all contributions, interest and penalties due and,” and deleted “payments and” preceding “contribution reports due.”

The 2017 amendment, effective July 1, 2017, in (c), substituted “the department may eliminate or reduce contributions payable due to the two percent (2%) delinquency tax rate increase imposed under subsection (b) of this section either upon a showing of good cause, or a finding” for “the department may collect up to double the tax due plus interest in lieu of the delinquency rate if it finds”; in (c)(i), substituted “the delinquency is less than one thousand dollars ($1,000.00)” for “the delinquency and interest is less than two hundred dollars ($200.00)”; in (c)(iii), substituted “All delinquent amounts are paid” for “The delinquent contributions and interest are paid”; added (c)(iv); and made related changes.

Editor's notes. —

There is no subsection (i) in this section as it appears in the printed acts.

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

Applied in

Wyoming Dep't of Emp. v. Wyoming Restaurant Assocs., 859 P.2d 1281, 1993 Wyo. LEXIS 153 (Wyo. 1993); General Chem. Corp. v. Unemployment Ins. Comm'n, 902 P.2d 716, 1995 Wyo. LEXIS 172 (Wyo. 1995).

Stated in

Graves v. Utah Power & Light Co., 713 P.2d 187, 1986 Wyo. LEXIS 454 (Wyo. 1986).

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

1. 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.
2. 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.
3. 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.
4. 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.
5. Benefits shall not be charged to an employer’s account if:
   1. They are paid in error;
   2. 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;
   3. Repealed by Laws 1984, ch. 50, § 3.
   4. 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;
   5. They are paid for an extended benefit period pursuant to W.S. 27-3-314 , except as provided by subsection (d) of this section;
   6. 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;
   7. The individual receiving benefits is enrolled in an approved program pursuant to W.S. 27-3-307 ;
   8. 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).
6. Repealed by Laws 1989, ch. 222, §§ 2, 3.

History. Laws 1937, ch. 113, § 7; 1939, ch. 124, § 11; 1943, ch. 58, § 5; 1945, ch. 81, § 7; C.S. 1945, § 54-107; Laws 1949, ch. 49, §§ 6 to 9; 1953, ch. 111, §§ 5 to 7; 1957, ch. 88, §§ 6, 7; W.S. 1957, § 27-28; Laws 1963, ch. 121, §§ 9, 10; 1965, ch. 186, § 1; 1967, ch. 215, § 2; 1969, ch. 59, § 1; 1971, ch. 253, §§ 9, 16; 1973, ch. 79, § 1; 1977, ch. 156, § 1; ch. 159, § 1; W.S. 1977, § 27-3-108 ; Laws 1979, ch. 51, § 1; ch. 141, §§ 1, 2; 1981, ch. 133, § 2; 1983, ch. 114, § 1; 1984, ch. 50, §§ 2, 3; 1985, ch. 175, § 1; 1987, ch. 130, § 1; 1989, ch. 222, §§ 2, 3; 1991, ch. 83, § 1; 1999, ch. 73, § 2; 2004, ch. 86, § 1.

Cross references. —

As to the state unemployment insurance trust fund, see § 27-3-209 .

As to employment support fund, see § 27-3-211 .

The 2004 amendment, effective July 1, 2004, added (e)(viii).

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

Applicability. — Laws 2020, 1st Sp. Sess., Ch. 2, § 6, provides:“ (a) In addition to the list of benefits that shall not be charged to an employer's unemployment compensation account under W.S. 27-3-504(e), no benefits shall be charged to an employer's unemployment compensation account if the governor, by executive order outlining the basis for the order and with the adoption of adequate standards and safeguards to assure the continued actuarial soundness of the unemployment compensation fund, determines that the charges should not be charged due to circumstances related to the unique coronavirus COVID-19.

“(b) Notwithstanding contribution requirements under the Wyoming Employment Security Law, W.S. 27-3-101 through 27-3-706 , the department of workforce services may grant an employer that is current on its required contributions under the Wyoming Employment Security Law a delay in the payment of contributions. The department may promulgate rules to grant a delay in payment of contributions under this subsection for any duration that will maintain the solvency of the unemployment compensation program and to the extent that funding is made available through the Coronavirus Aid, Relief and Economic Security (CARES) Act, P.L. 116-136, or from any other available federal funds related to the COVID-19 emergency response, to offset the delayed contributions.”

Conditional offer. —

The worker never was employed by company for purposes of the Wyoming Employment Security Law because company stated unambiguously in its Drug and Alcohol Policy that it did not hire applicants who tested positively for drugs. Where the worker accepted the company's conditional offer, and submitted to the drug test, certainly with foreknowledge that the result would be positive, public policy should not permit the worker to claim the benefits of unemployment insurance. In re Sierra Trading Post, 996 P.2d 1144, 2000 Wyo. LEXIS 27 (Wyo. 2000).

Quoted in

General Chem. Corp. v. Unemployment Ins. Comm'n, 902 P.2d 716, 1995 Wyo. LEXIS 172 (Wyo. 1995).

Stated in

Graves v. Utah Power & Light Co., 713 P.2d 187, 1986 Wyo. LEXIS 454 (Wyo. 1986).

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

1. 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 .
2. 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 1/2%) 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 1/2%) 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:
   1. The proportion of contribution revenue received from each of the two (2) groups of employers during the previous calendar year;
   2. An additional surcharge for employers whose accounts have incurred a benefit ratio that is greater than zero (0).
3. 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.
4. 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).
5. Repealed by Laws 1983, Sp. Sess., ch. 2, § 3.
6. 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.
7. Repealed by Laws 1984, ch. 50, § 3.
8. 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.

History. Laws 1937, ch. 113, § 7; 1939, ch. 124, § 11; 1943, ch. 58, § 5; 1945, ch. 81, § 7; C.S. 1945, § 54-107; Laws 1949, ch. 49, §§ 6 to 9; 1953, ch. 111, §§ 5 to 7; 1957, ch. 88, §§ 6, 7; W.S. 1957, § 27-28; Laws 1963, ch. 121, §§ 9, 10; 1965, ch. 186, § 1; 1967, ch. 215, § 2; 1969, ch. 59, § 1; 1971, ch. 253, §§ 9, 16; 1973, ch. 79, § 1; 1977, ch. 156, § 1; ch. 159, § 1; W.S. 1977, § 27-3-108 ; Laws 1979, ch. 51, § 1; ch. 141, §§ 1, 2; 1981, ch. 133, § 2; 1983, ch. 114, § 1; 1983, Sp. Sess., ch. 2, §§ 2, 3; 1984, ch. 50, §§ 2, 3; 1990, ch. 50, § 1; ch. 63, § 2; 1991, ch. 82, § 1; 1997, ch. 168, § 2; 1999, ch. 159, § 2; 2003, ch. 123, §§ 1, 2; 2007, ch. 144, § 1.

Cross references. —

As to the state unemployment insurance trust fund, see § 27-3-209 .

The 2003 amendment, effective January 1, 2004, substituted “Sixty percent (60 %)” for “Eighty percent (80 %)” and “Forty percent (40 %)” for “Twenty percent (20 %)” in (a); in (c) twice substituted “four percent (4 %)” for “five percent (5 %)” and substituted “contribution rate is equal to or less than four percent (4 %)” for “contribution rate is less than five percent (5 %) and more than four percent (4 %)”; and rewrote the final sentence in (d).

The 2007 amendment, effective July 1, 2007, in (b), inserted the last sentence and added (i) and (ii).

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

1. 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.
2. 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.
3. An employer may apply in writing to the department within twenty-eight (28) 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.
4. 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 to the extent not inconsistent with this article. 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 .
5. An employer’s account shall not be relieved of charges relating to a payment that was made erroneously from the unemployment compensation fund after July 1, 2013 if the department determines that:
   1. The erroneous payment was made because the employer, or the agent of the employer, was at fault for failing to respond timely or adequately to a written request, sent by United States mail or by electronic mail, from the department for information relating to the claim for benefits which resulted in the erroneous payment; and
   2. The employer or agent has established a pattern of failing to respond timely or adequately to requests similar to those identified in paragraph (i) of this subsection.
6. For purposes of subsection (e) of this section, “timely” means within fifteen (15) days after a notice or request is sent by United States mail or by electronic mail to the address of record of the employer or employer’s agent. The department shall acknowledge receipt of the requested information within fifteen (15) days, if requested by the employer or the employer’s agent. Acknowledgment shall be by United States mail or electronic mail.

History. Laws 1937, ch. 113, §§ 7, 11; 1939, ch. 124, §§ 11, 15; 1941, ch. 96, § 10; 1943, ch. 58, § 5; 1945, ch. 81, § 7; C.S. 1945, §§ 54-107, 54-111; Laws 1949, ch. 49, §§ 6 to 9, 11; 1953, ch. 111, §§ 5 to 7; 1957, ch. 88, §§ 6, 7; W.S. 1957, §§ 27-28, 27-33; Laws 1963, ch. 121, §§ 9, 10; 1965, ch. 186, § 1; 1967, ch. 71, § 1; ch. 215, § 2; 1969, ch. 59, § 1; 1971, ch. 253, §§ 9, 16; 1973, ch. 79, § 1; ch. 215, § 1; 1977, ch. 156, § 1; ch. 159, § 1; W.S. 1977, §§ 27-3-108 , 27-3-113; Laws 1979, ch. 51, § 1; ch. 141, §§ 1, 2; 1981, ch. 133, §§ 1, 2; 1982, ch. 55, § 1; 1983, ch. 114, § 1; 1983, Sp. Sess., ch. 2, § 2; 1989, ch. 222, § 2; 1990, ch. 63, § 2; 1995, ch. 13, § 1; 2004, ch. 86, § 1; 2013, ch. 133, § 1; 2015, ch. 87, § 1.

The 2004 amendment, effective July 1, 2004, in (c), substituted “(ii), (iv) or (viii)” for “(ii) or (iv).”

The 2013 amendment, effective July 1, 2013, added (e) and (f).

The 2015 amendment, effective July 1, 2015, in the first sentence in (c), substituted “twenty-eight (28) days” for “fifteen (15) days”; and in (d), added “to the extent not inconsistent with this article” at the end of the fourth sentence.

Timely filing of rate determinations mandatory. —

Timely filing under subsection (b) of employer rate determinations is just as mandatory and jurisdictional as it is under § 27-3-404 . Thus, failure to timely file bars review. Wyoming Dep't of Employment v. Wyoming Restaurant Assocs., 859 P.2d 1281, 1993 Wyo. LEXIS 153 (Wyo. 1993).

Payments not required before seeking judicial review. —

Neither this section nor § 27-3-515 requires that an employer make all delinquent payments in order to seek judicial review. Wyoming Dep't of Employment v. Wyoming Restaurant Assocs., 859 P.2d 1281, 1993 Wyo. LEXIS 153 (Wyo. 1993).

Quoted in

Wyo. Dep't of Empl. v. Jolley, Castillo, Drennon, Ltd., 2010 WY 48, 229 P.3d 955, 2010 Wyo. LEXIS 51 (Apr. 22, 2010).

Stated in

Hupp v. Employment Sec. Comm'n, 715 P.2d 223, 1986 Wyo. LEXIS 500 (Wyo. 1986).

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

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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 .

History. Laws 1937, ch. 113, § 7; 1939, ch. 124, § 11; 1943, ch. 58, § 5; 1945, ch. 81, § 7; C.S. 1945, § 54-107; Laws 1949, ch. 49, §§ 6 to 9; 1953, ch. 111, §§ 5 to 7; 1957, ch. 88, §§ 6, 7; W.S. 1957, § 27-28; Laws 1963, ch. 121, §§ 9, 10; 1965, ch. 186, § 1; 1967, ch. 215, § 2; 1969, ch. 59, § 1; 1971, ch. 253, §§ 9, 16; 1973, ch. 79, § 1; 1977, ch. 156, § 1; ch. 159, § 1; W.S. 1977, § 27-3-108 ; Laws 1979, ch. 51, § 1; ch. 141, §§ 1, 2; 1981, ch. 133, § 2; 1983, ch. 114, § 1; 1990, ch. 63, § 2; 1991, ch. 83, § 1; 1999, ch. 114, § 1; 2005, ch. 186, § 2; 2010, ch. 66, § 1.

The 2005 amendment, effective July 1, 2005, rewrote the section, prescribing the contribution rate upon transfer of a business.

The 2010 amendment, effective July 1, 2010, in (a), inserted the present second sentence.

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

Suit for declaratory judgment was not properly brought where the plaintiff sought full review of the agency decision assigning the plaintiff, pursuant to this section, the delinquent account of an acquired employer, as opposed to seeking only the interpretation of this section. Wyomedia Corp. v. Division of Unemployment Ins. of Wyo. Dep't of Employment, 824 P.2d 564, 1992 Wyo. LEXIS 14 (Wyo. 1992), reh'g denied, 1992 Wyo. LEXIS 24 (Wyo. Feb. 20, 1992).

Applied in

Wyoming Dep't of Emp. v. Wyoming Restaurant Assocs., 859 P.2d 1281, 1993 Wyo. LEXIS 153 (Wyo. 1993).

Quoted in

General Chem. Corp. v. Unemployment Ins. Comm'n, 902 P.2d 716, 1995 Wyo. LEXIS 172 (Wyo. 1995).

§ 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.

History. Laws 1937, ch. 113, § 7; 1939, ch. 124, § 11; 1943, ch. 58, § 5; 1945, ch. 81, § 7; C.S. 1945, § 54-107; Laws 1949, ch. 49, §§ 6 to 9; 1953, ch. 111, §§ 5 to 7; 1957, ch. 88, §§ 6, 7; W.S. 1957, § 27-28; Laws 1963, ch. 121, §§ 9, 10; 1965, ch. 186, § 1; 1967, ch. 215, § 2; 1969, ch. 59, § 1; 1971, ch. 253, §§ 9, 16; 1973, ch. 79, § 1; 1977, ch. 156, § 1; ch. 159, § 1; W.S. 1977, § 27-3-108 ; Laws 1979, ch. 51, § 1; ch. 141, §§ 1, 2; 1981, ch. 133, § 2; 1983, ch. 114, § 1; 1990, ch. 63, § 2.

Quoted in

General Chem. Corp. v. Unemployment Ins. Comm'n, 902 P.2d 716, 1995 Wyo. LEXIS 172 (Wyo. 1995).

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

1. 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.
2. 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 .
3. 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 .
4. The commission may by regulation require an employer electing payments under this section to post surety bonds or other securities.
5. 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.
6. 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:
   1. 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;
   2. 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);
   3. 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;
   4. 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:
      1. Imposes a tax liability upon the tribe under the federal Unemployment Tax Act;
      2. Eliminates eligibility of the tribe for election of payments under this section;
      3. 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.

History. Laws 1937, ch. 113, § 7; 1939, ch. 124, § 11; 1943, ch. 58, § 5; 1945, ch. 81, § 7; C.S. 1945, § 54-107; Laws 1949, ch. 49, §§ 6 to 9; 1953, ch. 111, §§ 5 to 7; 1957, ch. 88, §§ 6, 7; W.S. 1957, § 27-28; Laws 1963, ch. 121, §§ 9, 10; 1965, ch. 186, § 1; 1967, ch. 215, § 2; 1969, ch. 59, § 1; 1971, ch. 253, §§ 9, 16; 1973, ch. 79, § 1; 1977, ch. 156, § 1; ch. 159, § 1; W.S. 1977, § 27-3-108 ; Laws 1979, ch. 51, § 1; ch. 141, §§ 1, 2; 1981, ch. 133, § 2; 1983, ch. 114, § 1; 1985, ch. 175, § 1; 1990, ch. 63, § 2; 2001, ch. 67, § 1; 2010, ch. 66, § 1.

The 2010 amendment, effective July 1, 2010, in the introductory language of (f), substituted “Any employer failing” for “Any Indian tribe or tribal unit failing”; in (f)(i), substituted “Any employer losing” for “Any Indian tribe losing.”.

Unemployment Tax Act. —

The federal Unemployment Tax Act appears as 26 U.S.C. § 3301 et seq.

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

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

1. 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.
2. 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 [§ 27-14-101 et seq.].
3. 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.
4. 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.
5. 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:
   1. Survive dissolution, reorganization, bankruptcy, receivership or assignment for the benefit of creditors of or by the corporate or limited liability company employing unit;
   2. 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.

History. Laws 1937, ch. 113, § 14; 1939, ch. 124, § 18; 1941, ch. 96, § 13; C.S. 1945, § 54-114; Laws 1949, ch. 49, § 13; W.S. 1957, § 27-29; Laws 1967, ch. 216, § 3; 1977, ch. 156, § 1; W.S. 1977, § 27-3-109 ; Laws 1981, ch. 133, §§ 1, 2; 1983, ch. 114, § 1; 1983, Sp. Sess., ch. 2, § 2; 1984, ch. 50, § 2; 1987, ch. 130, § 1; 1990, ch. 63, § 2; 1991, ch. 83 § 1; 1993, ch. 76, § 1; 1997, ch. 93, § 1; 2010, ch. 66, § 1.

Cross references. —

As to the state unemployment insurance trust fund, see § 27-3-209 .

The 2010 amendment, effective July 1, 2010, in the introductory language of (e), substituted “and who fails” for “and who willfully fails.”

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

Am. Jur. 2d, ALR and C.J.S. references. —

Excuse for failure to file return within limitation provisions of Internal Revenue Code, 30 ALR2d 452.

Construction, application and effect, with respect to social security and unemployment compensation taxes, of statutes imposing penalties for tax evasion or default, 22 ALR3d 8.

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

1. 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.
2. 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.
3. 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.
4. 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.
5. The remedies provided by this section are not exclusive.
6. 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.
7. For purposes of this section, “employer” includes those individuals described in W.S. 27-3-510(e) under the conditions described in that section.

History. Laws 1937, ch. 113, § 14; 1939, ch. 124, § 18; 1941, ch. 96, § 13; C.S. 1945, § 54-114; Laws 1949, ch. 49, § 13; W.S. 1957, § 27-29; Laws 1967, ch. 216, § 3; 1977, ch. 156, § 1; W.S. 1977, § 27-3-109 ; Laws 1981, ch. 133, §§ 1, 2; 1983, ch. 114, § 1; 1989, ch. 222, § 2; 1990, ch. 63, § 2; 1999, ch. 73, § 2; 2010, ch. 66, § 1.

The 2010 amendment, effective July 1, 2010, added (f) and (g).

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

Priority of liens.—

Lien against real property created by a certificate of purchase for delinquent taxes was superior to any lien held by the State of Wyoming, Department of Workforce Services, for unpaid contributions and interest to the Wyoming unemployment compensation fund. Brock v. Wyo. ex rel. Wyo. Workforce Servs., Unemployment Ins. Div., 2017 WY 47, 394 P.3d 460, 2017 Wyo. LEXIS 47 (Wyo. 2017).

§ 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 [§§ 27-3-101 through 27-3-704 ] 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).

History. Laws 1937, ch. 113, § 14; 1939, ch. 124, § 18; 1941, ch. 96, § 13; C.S. 1945, § 54-114; Laws 1949, ch. 49, § 13; W.S. 1957, § 27-29; Laws 1967, ch. 216, § 3; 1977, ch. 156, § 1; W.S. 1977, § 27-3-109 ; Laws 1981, ch. 133, §§ 1, 2; 1983, ch. 114, § 1.

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

Priority of liens.—

Lien against real property created by a certificate of purchase for delinquent taxes was superior to any lien held by the State of Wyoming, Department of Workforce Services, for unpaid contributions and interest to the Wyoming unemployment compensation fund. Brock v. Wyo. ex rel. Wyo. Workforce Servs., Unemployment Ins. Div., 2017 WY 47, 394 P.3d 460, 2017 Wyo. LEXIS 47 (Wyo. 2017).

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

A court shall not prevent the collection of any contributions under this act [§§ 27-3-101 through 27-3-704 ].

History. Laws 1937, ch. 113, § 14; 1939, ch. 124, § 18; 1941, ch. 96, § 13; C.S. 1945, § 54-114; Laws 1949, ch. 49, § 13; W.S. 1957, § 27-29; Laws 1967, ch. 216, § 3; 1977, ch. 156, § 1; W.S. 1977, § 27-3-109 ; Laws 1981, ch. 133, §§ 1, 2; 1983, ch. 114, § 1.

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

§ 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.

History. Laws 1937, ch. 113, § 14; 1939, ch. 124, § 18; 1941, ch. 96, § 13; C.S. 1945, § 54-114; Laws 1949, ch. 49, § 13; W.S. 1957, § 27-29; Laws 1967, ch. 216, § 3; 1977, ch. 156, § 1; W.S. 1977, § 27-3-109 ; Laws 1981, ch. 133, §§ 1, 2; 1983, ch. 114, § 1; 1990, ch. 63, § 2.

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

Payment of taxes under protest not required. —

The language used in this section does not require that an employer, appealing its tax rate determination, pay its delinquent taxes under protest before it can obtain judicial review. Instead, it simply provides a cause of action to an employer, who is paying taxes under protest, to seek recovery of those taxes. Wyoming Dep't of Employment v. Wyoming Restaurant Assocs., 859 P.2d 1281, 1993 Wyo. LEXIS 153 (Wyo. 1993).

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

1. 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.
2. 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:
   1. Adjudicated insolvent by a court of competent jurisdiction with no remaining assets;
   2. Deceased with no estate or the estate is closed and all assets are distributed;
   3. A dissolved corporation with no remaining assets;
   4. 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
   5. 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.
3. 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.

History. Laws 1937, ch. 113, § 14; 1939, ch. 124, § 18; 1941, ch. 96, § 13; C.S. 1945, § 54-114; Laws 1949, ch. 49, § 13; W.S. 1957, § 27-29; Laws 1967, ch. 216, § 3; 1977, ch. 156, § 1; W.S. 1977, § 27-3-109 ; Laws 1981, ch. 133, §§ 1, 2; 1983, ch. 114, § 1; 1985, ch. 175, § 1; 1990, ch. 63, § 2.

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

Payments not required before seeking judicial review. —

Neither § 27-3-506 nor this section requires that an employer make all delinquent payments in order to seek judicial review. Wyoming Dep't of Employment v. Wyoming Restaurant Assocs., 859 P.2d 1281, 1993 Wyo. LEXIS 153 (Wyo. 1993).

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

1. 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.
2. 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.
3. Repealed by Laws 1986, ch. 52, § 2.
4. 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.
5. Repealed by Laws 2007, ch. 177 § 2.

History. Laws 1984, ch. 50, § 1; 1986, ch. 52, §§ 1, 2; 1987, ch. 103, § 1; 1989, ch. 222, § 2; 1990, ch. 63, § 2; 2005, ch. 231, § 1; 2007, ch. 177, §§ 1, 2; 2010, ch. 66, § 1.

The 2005 amendment, effective July 1, 2005, in (d), substituted “a separate account” for “an account within the trust and agency fund.”

The 2007 amendment, effective July 1, 2007, in (a), substituted “one hundred million dollars ($100,000,000.00)” for “twenty-five million dollars ($25,000,000.00)”; and repealed (e), which read: “This section does not apply to any project for which bids are opened prior to March 20, 1984.”

The 2010 amendment, effective July 1, 2010, in (a), substituted “equal to or greater than the threshold construction cost defined by the industrial siting council pursuant to W.S. 35-12-102(a)(vii)” for “of at least one hundred million dollars ($100,000,000.00).”

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

27-3-517. 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 the claimant or employer to receive the information by electronic transmission. Upon the completion of every electronic transmission authorized by this section, the department shall provide to the claimant or employer an electronic acknowledgement specifying the date and time when the transmission was sent or received. Except as otherwise required by rules applicable to appeals to the courts of this state, determinations, decisions or notices transmitted by an approved electronic means may be appealed or protested by use of the same means. For the purpose of all relevant time limits established by this article, electronically transmitted information shall be deemed delivered on the date indicated on the acknowledgment required by this section, or if no acknowledgement exists, on the date the electronic delivery is initiated by the party sending the information.

History. Laws 2017, ch. 6, § 1.

Effective date. —

Laws 2017, ch. 6, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved Feb. 13, 2017.

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

1. The unemployment insurance commission of Wyoming is created within the department of workforce services 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 seventy-five percent (75%) of the members shall be of the same political party.
2. 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.
3. 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.
4. The governor may remove a commissioner as provided in W.S. 9-1-202 .
5. The office of the commission shall be located in Casper, Wyoming and the commission shall have an official seal which shall be judicially noticed.

History. Laws 1937, ch. 113, §§ 10, 11; 1939, ch. 124, § 15; 1941, ch. 96, §§ 9, 10; 1943, ch. 58, § 7; 1945, ch. 81, § 9; C.S. 1945, §§ 54-110, 54-111; Laws 1949, ch. 49, §§ 10, 11; 1953, ch. 118, § 1; 1957, ch. 226, § 4; W.S. 1957, §§ 27-32, 27-33; Laws 1961, ch. 148, § 40; 1963, ch. 46, § 2; 1965, ch. 115, § 41; 1967, ch. 71, § 1; ch. 181, § 21; 1969, ch. 168, § 18; 1973, ch. 215, § 1; W.S. 1977, §§ 27-3-112, 27-3-113; Laws 1979, ch. 17, § 2; ch. 141, § 1; 1981, ch. 133, § 1; 1982, ch. 55, § 1; 1983, ch. 114, § 1; 1987, ch. 175, § 1; 1990, ch. 63, § 2; 2012, ch. 1, § 1; 2016, ch. 119, § 1.

The 2012 amendment, effective July 1, 2012, substituted “workforce services” for “employment” in (a).

The 2016 amendment , effective July 1, 2016, substituted “seventy-five percent (75%) of the” for “two (2)” in the last sentence of (a).

Editor's notes. —

Laws 2016, ch. 119, § 2 states as follows: “Nothing in this act shall be deemed to affect the current term of any member of any authority, board, commission, committee or council. The governor shall make appointments in accordance with this act for any vacancy occurring on or after the effective date of this act.”

Stated in

Scott v. Fagan, 684 P.2d 805, 1984 Wyo. LEXIS 312 (Wyo. 1984); County Court Judges Ass'n v. Sidi, 752 P.2d 960 (Wyo. 1988).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity, construction, and effect of state laws requiring payment of wages on resignation of employee immediately or within specified period, 11 ALR5th 715.

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

1. The commission shall:
   1. 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, make investigations and take other action it considers necessary;
   2. Determine its methods of procedure in accordance with this act;
   3. Repealed by Laws 1990, ch. 63, § 3.
   4. 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;
   5. Through the department, recommend to the governor and the legislature a change in contribution or benefit rates when necessary to protect fund solvency;
   6. Define and prescribe by regulation necessary procedures for total unemployment and part total unemployment;
   7. 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.
2. The commission may adopt, amend or rescind rules and regulations after notice and public hearing in accordance with the Wyoming Administrative Procedure Act [§ 16-3-101 et seq.].
3. 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.
4. 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.
5. 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.
6. The department of workforce services 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.

History. Laws 1937, ch. 113, § 11; 1939, ch. 124, § 15; 1941, ch. 96, § 10; C.S. 1945, § 54-111; Laws 1949, ch. 49, § 11; W.S. 1957, § 27-33; Laws 1967, ch. 71, § 1; 1973, ch. 215, § 1; W.S. 1977, § 27-3-113; Laws 1979, ch. 141, § 1; 1981, ch. 133, § 1; 1982, ch. 55, § 1; 1983, ch. 114, § 1; 1985, ch. 175, § 1; 1990, ch. 63, §§ 2, 3; 2012, ch. 1, § 1.

The 2012 amendment, effective July 1, 2012, substituted “workforce services” for “employment” in (a)(i) and (f).

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

Civil rule superseded by regulations. —

The applicable statutes and regulations relating to actions against the department of employment supersede Rule 6(d), W.R.C.P. (additional time after service by mail). Fullmer v. Wyoming Employment Sec. Comm'n, 858 P.2d 1122, 1993 Wyo. LEXIS 141 (Wyo. 1993).

Applied in

Hupp v. Employment Sec. Comm'n, 715 P.2d 223, 1986 Wyo. LEXIS 500 (Wyo. 1986).

Stated in

Scott v. Fagan, 684 P.2d 805, 1984 Wyo. LEXIS 312 (Wyo. 1984).

Law reviews. —

For comment, “Immunity and the Grand Jury,” see VIII Land & Water L. Rev. 629 (1973).

§ 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 workforce services 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.

History. Laws 1937, ch. 113, § 11; 1939, ch. 124, § 15; 1941, ch. 96, § 10; C.S. 1945, § 54-111; Laws 1949, ch. 49, § 11; W.S. 1957, § 27-33; Laws 1967, ch. 71, § 1; 1973, ch. 215, § 1; W.S. 1977, § 27-3-113; Laws 1979, ch. 141, § 1; 1981, ch. 133, § 1; 1982, ch. 55, § 1; 1983, ch. 114, § 1; 1990, ch. 63, § 2; 1993, ch. 23, § 1; 2012, ch. 1, § 1.

The 2012 amendment, effective July 1, 2012, substituted “workforce services” for “employment.”

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

Game warden can obtain unemployment insurance records. —

A game warden who complies with the strict requirements of obtaining a search warrant from a judge or a court commissioner can obtain confidential records of the division of unemployment insurance. Wyoming Dep't of Employment, Div. of Unemployment Ins. v. Patrick, 818 P.2d 54, 1991 Wyo. LEXIS 149 (Wyo. 1991).

§ 27-3-604. [Repealed.]

Repealed by Laws 1990, ch. 63, § 3.

Editor's notes. —

This section, which derived from Laws, 1937, ch. 113, §§ 10 and 11, related to the executive director of the employment security commission, and additional personnel.

§ 27-3-605. Responsibilities of department of workforce services.

1. The department of workforce services shall administer the unemployment compensation program in this state.
2. and (c) Repealed by Laws 2002, Sp. Sess., ch. 100, § 4.

History. Laws 1937, ch. 113, §§ 10, 12; 1939, ch. 124, § 16; 1941, ch. 96, §§ 9, 11; 1943, ch. 58, § 7; 1945, ch. 81, § 9; C.S. 1945, §§ 54-110, 54-112; Laws 1949, ch. 49, § 10; 1953, ch. 118, § 1; 1957, ch. 226, § 4; W.S. 1957, §§ 27-32, 27-34; Laws 1961, ch. 148, § 40; 1963, ch. 46, § 2; 1965, ch. 115, § 41; 1967, ch. 181, § 21; 1969, ch. 168, § 18; W.S. 1977, §§ 27-3-112, 27-3-114; Laws 1979, ch. 17, § 2; 1981, ch. 133, § 1; 1983, ch. 114, § 1; 1990, ch. 63, § 2; 2002 Sp. Sess., ch. 100, § 4; 2005, ch. 186, § 2; 2012, ch. 1, § 1.

The 2005 amendment, effective July 1, 2005, in (a), substituted “shall administer the unemployment compensation program in this state” for “is the successor agency to the Wyoming state employment service division and the unemployment compensation division which previously existed under the commission. The department shall perform all functions previously performed by those divisions.”

The 2012 amendment, effective July 1, 2012, substituted “workforce services” for “employment” in (a).

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

1. and (b) Repealed by Laws 1996, ch. 4, § 3.
2. The department shall take appropriate steps to:
   1. through (iv) Repealed by Laws 2005, ch. 186, § 3.
   2. Conduct and publish results of investigations and research studies.

History. Laws 1937, ch. 113, § 11; 1939, ch. 124, § 15; 1941, ch. 96, § 10; C.S. 1945, § 54-111; Laws 1949, ch. 49, § 11; W.S. 1957, § 27-33; Laws 1967, ch. 71, § 1; 1973, ch. 215, § 1; W.S. 1977, § 27-3-113; Laws 1979, ch. 141, § 1; 1981, ch. 133, § 1; 1982, ch. 55, § 1; 1983, ch. 114, § 1; 1990, ch. 63, § 2; 1996, ch. 4, §§ 2, 3; 2005, ch. 186, § 3.

The 2005 amendment, effective July 1, 2005, repealed former (c)(i) through (c)(iv), which provided that the duties of the department were to (1) reduce and prevent unemployment; (2) encourage and assist in the adoption of practical methods of vocational training, retraining and guidance; (3) investigate, recommend, advise and assist in the establishment and operation of public works reserves by the state and its political subdivisions to be used during business depression and unemployment; and (4) promote alternative reemployment of unemployed workers.

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

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

1. The department shall:
   1. 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.;
   2. 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;
   3. 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.;
   4. 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;
   5. 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 supplemental nutrition assistance program 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;
   6. 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;
   7. 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;
   8. 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;
   9. 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.
2. 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 supplemental nutrition assistance 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 supplemental nutrition assistance program agency and the United States department of agriculture.
3. The department may, on a reimbursable basis unless otherwise provided:
   1. Repealed by Laws 2005, ch. 186, § 3.
   2. 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 federal Workforce Innovation and Opportunity Act or subsequent similar enactments training services;
   3. Repealed by Laws 2005, ch. 186, § 3.
   4. Cooperate with any federal agency administering any unemployment compensation law;
   5. 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;
   6. 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;
   7. Upon request, disclose information not otherwise restricted by law or contract to the bureau of labor statistics;
   8. 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;
   9. 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;
   10. Pursuant to contract, disclose wage information on a nonreimbursable basis to the social security administration utilizing the unemployment insurance interstate inquiry system;
   11. 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;
   12. 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.
4. The department may conduct and publish statistical analysis of payroll and employment of state agencies in the executive branch and of school districts, which may reveal the identity of state agency and school district employing units.

History. Laws 1937, ch. 113, § 11; 1939, ch. 124, § 15; 1941, ch. 96, § 10; C.S. 1945, § 54-111; Laws 1949, ch. 49, § 11; W.S. 1957, § 27-33; Laws 1967, ch. 71, § 1; 1973, ch. 215, § 1; W.S. 1977, § 27-3-113; Laws 1979, ch. 141, § 1; 1981, ch. 133, § 1; 1982, ch. 55, § 1; 1983, ch. 114, § 1; 1984, ch. 50, § 2; 1985, ch. 129, § 1; 1986, ch. 56, § 1; 1989, ch. 222, § 2; 1990, ch. 63, § 2; 1991, ch. 83, § 1; 1993, ch. 19, § 1; 1995, ch. 13, § 1; ch. 121, § 2; 1997, ch. 91, § 2; 1998, ch. 6, § 3; ch. 55, § 1; 2005, ch. 186, §§ 2, 3; 2010, ch. 66, § 1; 2012, ch. 101, § 1; 2013, ch. 193, § 1; 2016, ch. 40, § 1.

The 2005 amendment, effective July 1, 2005, inserted “pursuant to contract and on a reimbursable basis” or a variant in (a)(iii) through (a)(vi); added (a)(viii), whose provisions were formerly contained in (c)(i); redesignated former (a)(viii) as (a)(ix); in the introductory language in (c), inserted “on a reimbursable basis unless otherwise provided”; repealed former (c)(i), pertaining to disclosure to the railroad retirement board; in (c)(ii), inserted “and pursuant to contract,” substituted “necessary information” for “information,” and substituted “Wagner-Peyser Act or Workforce Investment Act training services” for “public employment services, unemployment compensation laws or federal tax laws and to the office of the United States bankruptcy trustee”; repealed former (c)(iii), whose provisions were obsolete; rewrote (c)(vii), deleting provisions pertaining to officers and employees of the industrial siting administration and the Wyoming business council for economic development forecasting and economic development analysis; substituted “written request” for “request” in (c)(viii); added (c)(x) through (c)(xii); and made related and stylistic changes.

The 2010 amendment, effective July 1, 2010, added (d).

The 2012 amendment, in (d), inserted “and of school districts” and “and school district.”

Laws 2012, ch. 101 § 8, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 21, 2012.

The 2013 amendment, effective July 1, 2013, substituted “supplemental nutrition assistance program” for “food stamp” once in (a)(v) and twice in (b).

The 2016 amendment , substituted “federal Workforce Innovation and Opportunity Act or subsequent similar enactments” for “Workforce Investment Act” in (c)(ii).

Laws 2016, ch. 40 § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 4, 2016.

Editor's notes. —

The McKinney Homeless Act of 1988, as amended, is codified as 42 U.S.C. § 11301 et seq. The Wagner-Peyser Act is codified as 29 U.S.C. 49 et seq. The Workforce Investment Act is codified as 29 U.S.C. 2801 et seq.

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

Applied in

Wyoming Dep't of Emp. v. Patrick, 818 P.2d 54, 1991 Wyo. LEXIS 149 (Wyo. 1991).

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

1. 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:
   1. Any part of the individual’s services are performed;
   2. The employing unit maintains its principal place of business; or
   3. The individual has his residence.
2. 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.
3. 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.
4. 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.

History. Laws 1937, ch. 113, § 18; 1939, ch. 124, § 19; C.S. 1945, § 54-118; Laws 1949, ch. 49, § 14; W.S. 1957, § 27-39; Laws 1971, ch. 53, § 1; 1977, ch. 156, § 1; W.S. 1977, § 27-3-119; Laws 1983, ch. 114, § 1; 1990, ch. 63, § 2.

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

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

1. 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.
2. 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.

History. Laws 1937, ch. 113, § 17; C.S. 1945, § 54-117; W.S. 1957, § 27-38; W.S. 1977, § 27-3-118; Laws 1981, Sp. Sess., ch. 22, § 1; 1983, ch. 114, § 1; 1990, ch. 63, § 2.

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

§ 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.

History. Laws 1989, ch. 222, § 1; 1990, ch. 63, § 2.

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

§ 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.

History. Laws 1999, ch. 73, § 1.

§ 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 [§§ 27-3-101 through 27-3-704 ] 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.

History. Laws 1937, ch. 113, § 15; C.S. 1945, § 54-115; W.S. 1957, § 27-36; W.S. 1977, § 27-3-116; Laws 1982, ch. 55, § 1; 1983, ch. 114, § 1.

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

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

1. 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:
   1. 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
   2. 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.
2. 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.
3. 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.

History. Laws 1937, ch. 113, § 16; 1941, ch. 96, § 14; C.S. 1945, § 54-116; Laws 1957, ch. 88, § 10; W.S. 1957, § 27-37; Laws 1969, ch. 60, § 3; 1977, ch. 156, § 1; W.S. 1977, § 27-3-117; Laws 1983, ch. 114, § 1; 1984, ch. 50, § 2; 1989, ch. 222, § 2; 1990, ch. 63, § 2; 1993, ch. 76, § 1; 2004, ch. 126, § 1.

The 2004 amendment, effective July 1, 2004, in (a)(i) and (ii), substituted “one thousand dollars ($1,000.00)” for “five hundred dollars ($500.00).”

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

Cited in

Judge v. Dep't of Empl., 2002 WY 109, 50 P.3d 686, 2002 Wyo. LEXIS 115 (Wyo. 2002).

Law reviews. —

For article, “The Wyoming Criminal Code Revisited: Reflections after Fifteen Years,” see XXXIII Land and Water L. Rev. 523 (1998).

Am. Jur. 2d, ALR and C.J.S. references. —

Criminal liability for wrongfully obtaining unemployment benefits, 80 ALR3d 1280.

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

1. 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.
2. 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.
3. 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.
4. 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.
5. This section shall not preclude prosecution under any other applicable state law.

History. Laws 1937, ch. 113, § 16; 1941, ch. 96, § 14; C.S. 1945, § 54-116; Laws 1957, ch. 88, § 10; W.S. 1957, § 27-37; Laws 1969, ch. 60, § 3; 1977, ch. 156, § 1; W.S. 1977, § 27-3-117; Laws 1983, ch. 114, § 1; 1989, ch. 222, § 2; 1993, ch. 76, § 1.

Meaning of “this act.” —

See note under same catchline following § 27-3-103 .

§ 27-3-704. General penalty.

Any person willfully violating this act or any order, rule or regulation under this act [§§ 27-3-101 through 27-3-704 ] 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.

History. Laws 1937, ch. 113, § 16; 1941, ch. 96, § 14; C.S. 1945, § 54-116; Laws 1957, ch. 88, § 10; W.S. 1957, § 27-37; Laws 1969, ch. 60, § 3; 1977, ch. 156, § 1; W.S. 1977, § 27-3-117; Laws 1983, ch. 114, § 1; 1984, ch. 50, § 2.

Cited in

Brock v. Wyo. ex rel. Wyo. Workforce Servs., Unemployment Ins. Div., 2017 WY 47, 394 P.3d 460, 2017 Wyo. LEXIS 47 (Wyo. 2017).

§ 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).

History. Laws 1999, ch. 73, § 1.

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

1. 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:
   1. 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;
   2. 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;
   3. 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.

History. Laws 2005, ch. 186, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Effective dates. —

Laws 2005, ch. 186, § 1, makes the act effective July 1, 2005.

§ 27-3-801. Definitions.

1. As used in this article:
   1. “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;
   2. “Director” means the director of the department of workforce services or the director’s designee responsible for approving applications for participation in a short time compensation plan;
   3. “Health and retirement benefits” means employer provided health benefits and retirement benefits under a defined benefit pension plan as defined in section 414(j) of the Internal Revenue Code or contributions under a defined contribution plan defined in section 414(i) of the Internal Revenue Code that are incidents of employment in addition to the cash remuneration earned;
   4. “Short time compensation” means the unemployment benefits payable to employees in an affected unit under an approved short time compensation plan, as distinguished from the benefits otherwise payable under this act;
   5. “Short time compensation plan” means a plan submitted by an employer for approval by the director under which the employer requests the payment of short time compensation to employees in an affected unit of the employer to avert layoffs;
   6. “Unemployment compensation” means the benefits payable under this act other than short time compensation and includes any amounts payable pursuant to an agreement under any federal law providing for compensation, assistance or allowances with respect to unemployment;
   7. “Usual weekly hours of work” means the usual hours of work for full-time or part-time employees in the affected unit when that affected unit is operating on the unit’s regular basis, not to exceed forty (40) hours and not including hours of overtime work.

History. Laws 2021, ch. 20, § 1.

Effective date. —

Laws 2021, ch. 20, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 9, 2021.

§ 27-3-802. Participation in the short time compensation program; director approval.

1. 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. No plan shall be approved under this article unless the employer is in good standing with the department.
2. The department shall develop an application form for an employer to request approval of a short time compensation plan and an approval process. The director may approve a short time compensation plan only if the plan:
   1. Describes the affected unit covered by the plan, including the number of full-time and part-time employees in the unit and the percentage of employees in the unit covered by the plan;
   2. Identifies each employee in the affected unit by name, social security number and any other information required by the director to identify the plan participants;
   3. Provides a description of how employees in the affected unit will be notified of the employer’s participation in the short time compensation plan, including how the employer will notify those employees in a collective bargaining unit as well as any employees in the affected unit who are not in a collective bargaining unit. If the employer is unable to provide advance notice to employees in the affected unit, the employer shall explain in the application why it is not feasible to provide the notice required under this paragraph;
   4. Identifies the usual weekly hours of work for the employer’s employees in the affected unit and the specific percentage by which the employees’ hours shall be reduced during all weeks covered by the plan. A short time compensation plan shall only be approved if the percentage by which the employees’ hours will be reduced is not less than ten percent (10%) and not more than sixty percent (60%). If the plan includes any week for which the employer regularly provides no work then the week shall be identified by the employer;
   5. Certifies that if the employer provides health and retirement benefits to any employee whose usual weekly hours of work are reduced under the short time compensation plan, the benefits will continue to be provided to employees participating in the short time compensation program under the same terms and conditions as though the usual weekly hours of work of such employee had not been reduced or to the same extent as other employees not participating in the short time compensation program. In addition, the following shall apply:
      1. For defined benefit retirement plans, the hours that are reduced under the short time compensation plan shall be credited for purposes of participation, vesting and accrual of benefits as though the usual weekly hours of work had not been reduced. The dollar amount of employer contributions to a defined contribution plan that are based on a percentage of compensation may be less due to the reduction in the employee’s compensation;
      2. A short time compensation plan may satisfy the certification requirement under this paragraph when a reduction in health and retirement benefits scheduled to occur during the duration of the plan will be applicable equally to employees who are not participating in the short time compensation program and to those employees who are participating.
   6. Certifies that the aggregate reduction in work hours is in lieu of layoffs. The plan shall include an estimate of the number of employees who would have been laid off in the absence of the short time compensation plan;
   7. Certifies that the employer agrees to furnish reports to the department relating to the administration of the plan and authorizes the department to access all records necessary for the director to assess a short time compensation plan for approval and to monitor and evaluate the administration of the plan. The employer shall also agree to follow any other directives necessary for the department to implement the plan and which are consistent with the requirements of this article;
   8. Certifies that the employer’s participation in the short time compensation plan and the plan’s implementation are consistent with the employer’s obligations under applicable federal and state laws;
   9. Certifies that the plan shall expire not later than the end of the twelfth full calendar month after the effective date of the plan;
   10. Satisfies any other requirements specified by the department that the United States secretary of labor determines to be appropriate for purposes of a short time compensation program.

History. Laws 2021, ch. 20, § 1.

Effective date. —

Laws 2021, ch. 20, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 9, 2021.

§ 27-3-803. 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 the reasons for the denial. The director’s decision shall be final. An employer whose plan is not approved shall be allowed to submit another short time compensation plan for approval in accordance with rules specified by the commission.

History. Laws 2021, ch. 20, § 1.

Effective date. —

Laws 2021, ch. 20, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 9, 2021.

§ 27-3-804. Effective date and duration of the short time compensation plan.

1. 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 the plan’s effective date or an earlier date proposed in the approved short time compensation plan. The effective date and expiration date of an approved plan shall be specified in a notice of approval provided to the employer by the department.
2. If a short time compensation plan is revoked by the director under W.S. 27-3-806 , the plan shall terminate on the date specified in the director’s written order of revocation.
3. An employer may terminate a short time compensation plan at any time upon written notice to the director as specified by rule of the commission. Upon receipt of such notice from the employer, the director shall promptly notify each employee of the affected unit of the termination date. An employer may submit a new application to participate in another short time compensation plan at any time after the expiration or termination of a previous plan.

History. Laws 2021, ch. 20, § 1.

Effective date. —

Laws 2021, ch. 20, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 9, 2021.

§ 27-3-805. Modification of an approved short time compensation plan.

1. 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 explain why the modification is appropriate. Subject to subsection (b) of this section, the director shall approve or deny in writing the proposed modification within twenty (20) days of receipt and promptly notify the employer.
2. The director may approve a substantial modification request under subsection (a) of this section based on conditions that have changed since the short time compensation plan was originally approved provided that the modification is consistent with and supports the purposes for which the plan was initially approved. A modification shall not extend the expiration date of the original plan. If the director approves a substantial plan modification request, the effective date of the modification shall be included in the notice provided to the employer.
3. An insubstantial plan modification shall not require director approval but the employer shall promptly report every change to the plan in writing to the director. If the director determines that the reported change is substantial, the department shall require the employer to submit a substantial plan modification request. The director may revoke an employer’s plan if the employer fails to meet the reporting requirement under this subsection.

History. Laws 2021, ch. 20, § 1.

Effective date. —

Laws 2021, ch. 20, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 9, 2021.

§ 27-3-806. Revocation of short time compensation plan approval.

1. 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 the assurances and certifications given in the employer’s plan under W.S. 27-3-802 , unreasonable revision of productivity standards for an affected unit, conduct or occurrences tending to defeat the intent and effective operation of the short time compensation plan and violation of any criteria on which approval of the plan was based.
2. Any revocation by the director of a short time compensation plan shall be provided to the employer in writing and shall specify the reasons for the revocation and the date the revocation is effective. A revocation under this section shall be subject to review under the Wyoming Administrative Procedure Act.
3. The department may periodically review the operation of short time compensation plans to assure that no good cause exists for revocation of approved plans.

History. Laws 2021, ch. 20, § 1.

Effective date. —

Laws 2021, ch. 20, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 9, 2021.

§ 27-3-807. Eligibility for short time compensation benefits.

1. An employee shall only be eligible to receive short time compensation with respect to any week if:
   1. The employee is monetarily eligible for unemployment compensation;
   2. The employee is not otherwise disqualified for unemployment compensation;
   3. During that week, the employee is employed as a member of an affected unit under an approved short time compensation plan that was approved prior to that week and the plan is in effect with respect to the week for which short time compensation is claimed.
2. Notwithstanding any other provision of this act relating to an employee’s availability for work and actively seeking work, the employee is eligible to receive shared work benefits for a week in which the employee is able to work and is available for additional hours of work or for full-time work with the employee’s short time compensation employer. Participating in training as approved by the department to enhance job skills or participating in employer-sponsored training or training funded under the federal Workforce Innovation and Opportunity Act shall satisfy the requirements of this section.
3. Notwithstanding any other provision of law, an employee covered by a short time compensation plan is deemed unemployed in any week during the duration of such plan if the employee’s remuneration is reduced based on a reduction of the employee’s usual weekly hours of work under an approved short time compensation plan.
4. Notwithstanding any other provision of law, an eligible employee shall not be denied short time compensation benefits because of any provision of this act that provides requirements concerning:
   1. Availability for work;
   2. Actively searching for work;
   3. Any refusal to apply for or accept work with an employer other than the participating employer whose plan is approved under this article.

History. Laws 2021, ch. 20, § 1.

Effective date. —

Laws 2021, ch. 20, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 9, 2021.

§ 27-3-808. Benefits.

1. 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 employee’s usual weekly hours of work.
2. An employee may be eligible for short time compensation or unemployment compensation except no employee shall be:
   1. Eligible for combined benefits in any benefit year in an amount more than the maximum entitlement established for regular unemployment compensation;
   2. Paid short time compensation benefits for more than fifty-two (52) weeks under a short time compensation plan.
3. The short time compensation paid to an employee shall be deducted from the maximum entitlement amount of regular unemployment compensation established for that employee’s benefit year.
4. Provisions applicable to unemployment compensation claimants under this act shall apply to short time compensation claimants to the extent that they are not inconsistent with W.S. 27-3-801 through 27-3-810 . The department shall issue a monetary determination to any employee who files an initial claim for short time compensation benefits.
5. Employees who work in an affected unit of a short time compensation employer and another employer during weeks covered by the approved short time compensation plan shall be subject to the following:
   1. If the combined hours of work in a week for both employers do not result in a reduction of at least ten percent (10%) of the usual weekly hours of work with the short time employer, the employee shall not be entitled to benefits under the short time compensation plan;
   2. If the combined hours of work for both employers results in a reduction equal to or greater than ten percent (10%) of the usual weekly hours of work for the short time compensation employer, the short time compensation benefit amount payable to the employee shall be reduced for that week in an amount determined by multiplying the weekly unemployment benefit amount for a week of total unemployment by the percentage by which the combined hours of work have been reduced by ten percent (10%) or more of the employee’s usual weekly hours of work. A week for which benefits are paid under this paragraph shall be reported as a week of short time compensation;
   3. If an employee worked the reduced percentage of the usual weekly hours of work for the short time compensation employer and is available for all his usual hours of work with the short time compensation employer and the employee did not work any hours for the other employer either because of the lack of work with that employer or because the employee is excused from work with the other employer, the employee shall be eligible for short time compensation for that week. The benefit amount for such week shall be calculated as provided in subsection (a) of this section.
6. An employee who is not provided any work during a week by the short time compensation employer or any other employer and who is otherwise eligible for unemployment compensation shall be eligible for the amount of regular unemployment compensation to which they would otherwise be eligible.
7. An employee who is not provided any work by the short time compensation employer during a week but who works for another employer and is otherwise eligible may be paid unemployment compensation for that week subject to the disqualifying income and other provisions applicable to claims for regular unemployment compensation.

History. Laws 2021, ch. 20, § 1.

Effective date. —

Laws 2021, ch. 20, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 9, 2021.

§ 27-3-809. 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 for short time compensation benefits if the benefits are subject to one hundred percent (100%) reimbursement by the federal government or as otherwise specified by law.

History. Laws 2021, ch. 20, § 1.

Effective date. —

Laws 2021, ch. 20, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 9, 2021.

§ 27-3-810. 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 if otherwise eligible under those provisions shall be eligible to receive extended benefits.

History. Laws 2021, ch. 20, § 1.

Effective date. —

Laws 2021, ch. 20, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 9, 2021.

§ 27-3-811. 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 the short time compensation program, the number of employers participating in the program and the amount of funds that have been expended by the department on the program.

History. Laws 2021, ch. 20, § 1.

Effective date. —

Laws 2021, ch. 20, § 6, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 9, 2021.

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

1. 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.
2. 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.
3. Agricultural operations shall be exempt from the provisions provided herein.
4. 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.

History. Laws 1919, ch. 73, § 1; C.S. 1920, § 4310; Laws 1923, ch. 36, § 1; R.S. 1931, § 63-114; C.S. 1945, § 54-601; Laws 1953, ch. 135, § 1; W.S. 1957, § 27-192; Laws 1959, ch. 183, § 1; 1973, ch. 99, § 1; 1975, ch. 100, § 1; 2001, ch. 162, § 1.

Cited in

Diamond B Servs. v. Rohde, 2005 WY 130, 120 P.3d 1031, 2005 Wyo. LEXIS 157 (2005).

§ 27-4-102. [Repealed.]

Repealed by Laws 2001, ch. 162, § 2.

Editor's notes. —

This section, which derived from Laws 1923, ch. 36, § 2, required semimonthly payment except on agreement of the parties.

§ 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.

History. Laws 1923, ch. 36, § 3; R.S. 1931, § 63-116; C.S. 1945, § 54-603; W.S. 1957, § 27-194; Laws 2001, ch. 162, § 1.

Repealing clauses. —

Section 4, ch. 36, Laws 1923, repealed all laws and parts of laws in conflict therewith.

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

1. Whenever an employee quits 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, no later than the employer’s usual practice on regularly scheduled payroll dates or at a time specified under the terms of a collective bargaining agreement between the employer and the employee. 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.
2. Whenever an employee who has quit, has been discharged from service, or because of action taken by the employer is prevented from working 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 or from the date when unpaid wages are required to be paid as specified in this act, 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 .

History. Laws 1919, ch. 73, § 2; C.S. 1920, § 4311; R.S. 1931, § 63-125; Laws 1945, ch. 26, § 1; C.S. 1945, § 54-604; Laws 1947, ch. 35, § 1; W.S. 1957, § 27-195; Laws 1967, ch. 88, § 1; Laws 1981, ch. 137, § 1; 1990, ch. 71, § 1; 2015, ch. 129, § 1; 2017, ch. 11, § 1; 2020, ch. 140, § 1.

Cross references. —

As to collection of unpaid wages generally, see art. 5 of this chapter.

The 2015 amendment, in the second sentence in (a), substituted “no later than the employer's usual practice on regularly scheduled payroll dates” for “within five (5) working days of the date of termination of employment.”

Laws 2015, ch. 129, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2015.

The 2017 amendment, in (a), added “or at a time specified under the terms of a collective bargaining agreement between the employer and the employee.”

Laws 2017, ch. 11, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Art. 4, § 8, Wyo. Const. Approved Feb. 14, 2017.

The 2020 amendment, in (b), substituted a comma for “or,” added “, or because of action taken by the employer is prevented from working” in the beginning and added “or from the date when unpaid wages are required to be paid as specified in this act” at the end of the first sentence.

Laws 2020, ch. 140, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2020.

Construction. —

Wyo. Stat. Ann. §§ 27-4-507 and 27-4-104(b), read in pari materia, synthesize the common purpose and intent regarding collection of unpaid wages; pursuant to § 27-4-507 an employer must fully pay the wages provided by contract, and pursuant to 27-4-104(b) an employee who establishes the amount of unpaid wages justly due is entitled to 18 percent interest, attorney fees, and all costs of suit. Jensen v. Fremont Motors Cody, Inc., 2002 WY 173, 58 P.3d 322, 2002 Wyo. LEXIS 200 (Wyo. 2002).

Since the legislature specifically directs the Wyoming Department of Employment to take claims under Wyo. Stat. Ann. § 27-4-104 and does not limit its authority to subsection (a), the Department is authorized to make awards under subsection (b), as well. Diamond B Servs. v. Rohde, 2005 WY 130, 120 P.3d 1031, 2005 Wyo. LEXIS 157 (Wyo. 2005), reh'g denied, 2005 Wyo. LEXIS 168 (Wyo. Nov. 2, 2005).

Unpaid wages due. —

Wyoming Department of Employment's grant to a former employee his claim for unpaid wages under Wyo. Stat. Ann § 27-4-507(b) and § 27-4-104(b), was proper because under he was an employee under Wyo. Stat. Ann. § 27-4-501(a)(ii) as opposed to an independent contractor; there was no written contract, the employee did not bill the employer for his services, and the employer withheld tax deductions from employee's paychecks. Diamond B Servs. v. Rohde, 2005 WY 130, 120 P.3d 1031, 2005 Wyo. LEXIS 157 (Wyo. 2005), reh'g denied, 2005 Wyo. LEXIS 168 (Wyo. Nov. 2, 2005).

Employer not entitled to offsets. —

In a former employee's claim for unpaid wages, the employer was not entitled to offsets under Wyo. Stat. Ann. § 27-4-104(a) because fuel purchased by the employee with the employer's credit card could not have been purchased on the basis that it was required for employment if the employer insisted it did not authorize the purchase; the payoff of the employee's truck was made prior to the employer incorporating and thus the employment was with a different company at that time; and the employer's supplying the employee with license plates and auto parts did not constitute cash advances. Diamond B Servs. v. Rohde, 2005 WY 130, 120 P.3d 1031, 2005 Wyo. LEXIS 157 (Wyo. 2005), reh'g denied, 2005 Wyo. LEXIS 168 (Wyo. Nov. 2, 2005).

Attorneys' fees are recoverable if there is specific statutory authority therefor. Schaefer v. Lampert Lumber Co., 591 P.2d 1225, 1979 Wyo. LEXIS 382 (Wyo. 1979).

Relocation expenses deemed “wages.” —

The trial court did not err in awarding attorney's fees on the basis of the statutory construction that relocation expenses are a kind of employee benefit; the term “wages” as used within this section is the same as “wages” defined in § 27-4-501(a)(iii) and the defendant's reliance on the restrictive definition of “wages” in § 27-4-201(a)(i) was misplaced and not applicable to the situation. NL Indus. v. Dill, 769 P.2d 920, 1989 Wyo. LEXIS 58 (Wyo. 1989).

No attorney fees for contract damages. —

Contract damages that the employee was seeking such as damages related to losses on the sale of the employee's homes and moving expenses after the employee resigned, did not qualify as wages in accordance with Wyo. Stat. Ann § 27-4-104 , and because it was pure speculation to consider that the contract damages awarded in the employee's favor were exclusively wages covered under § 27-4-104 , the employee was not entitled to an award of attorney fees. Jensen v. Fremont Motors Cody, Inc., 2002 WY 173, 58 P.3d 322, 2002 Wyo. LEXIS 200 (Wyo. 2002).

No attorney fees to defend separate suit. —

Where an employee filed a relocation claim, and where the employer undertook a litigative resolution by filing a Texas declaratory judgment action, the employee could not obtain attorney fees for the Texas proceeding, since this section does not include legal fees for the defense of a proceeding brought as a separate suit where the employee is a responding defendant. NL Indus. v. Dill, 769 P.2d 920, 1989 Wyo. LEXIS 58 (Wyo. 1989).

Employee held not allowed to recover attorney's fees. —

See Scott v. Fagan, 684 P.2d 805, 1984 Wyo. LEXIS 312 (Wyo. 1984).

Interest not available where damages unliquidated. —

Where employee was awarded damages pursuant to employee's breach of employment contract cross-claim, the amount to which interest could be applied could not be calculated with a simple mathematical calculation; therefore, the claim of the employee was unliquidated because uncertainty still existed as to the exact amount of wages past due, and it was not an abuse of discretion to deny an award of interest to the employee in those circumstances. Jensen v. Fremont Motors Cody, Inc., 2002 WY 173, 58 P.3d 322, 2002 Wyo. LEXIS 200 (Wyo. 2002).

Quoted in

McNeill v. Park County School Dist. No. 1, McNeill v. Park County Sch. Dist., 635 P.2d 818, 1981 Wyo. LEXIS 389 (Wyo. 1981)Mueller v. Zimmer, 2007 WY 195, 173 P.3d 361, 2007 Wyo. LEXIS 206 (Dec. 11, 2007).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity, construction, and effect of state laws requiring payment of wages on discharge of employee immediately or within specified period, 18 ALR5th 577.

§ 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.

History. Laws 1919, ch. 73, § 3; C.S. 1920, § 4312; R.S. 1931, § 63-126; C.S. 1945, § 54-605; W.S. 1957, § 27-196; Laws 1981, ch. 173, § 1; 1990, ch. 71, § 1.

Repealing clauses. —

Section 4, ch. 73, Laws 1919, repealed all laws and parts of laws in conflict therewith.

Quoted in

McNeill v. Park County School Dist. No. 1, McNeill v. Park County Sch. Dist., 635 P.2d 818, 1981 Wyo. LEXIS 389 (Wyo. 1981).

Cited in

NL Indus., Inc. v. Dill, 769 P.2d 920, 1989 Wyo. LEXIS 58 (Wyo. 1989).

§ 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 employee, 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.

History. Laws 1895, ch. 47, § 1; R.S. 1899, § 2516; C.S. 1910, § 3424; C.S. 1920, § 4300; R.S. 1931, § 63-119; C.S. 1945, § 54-606; W.S. 1957, § 27-197.

§ 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.

History. Laws 1895, ch. 47, § 2; R.S. 1899, § 2517; C.S. 1910, § 3425; C.S. 1920, § 4301; R.S. 1931, § 63-120; C.S. 1945, § 54-607; W.S. 1957, § 27-198.

§ 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 [§ 27-4-106 ] 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.

History. Laws 1895, ch. 47, § 3; R.S. 1899, § 2518; C.S. 1910, § 3426; C.S. 1920, § 4302; R.S. 1931, § 63-121; C.S. 1945, § 54-608; W.S. 1957, § 27-199.

§ 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.

History. Laws 1895, ch. 47, § 4; R.S. 1899, § 2519; C.S. 1910, § 3427; C.S. 1920, § 4303; R.S. 1931, § 63-122; C.S. 1945, § 54-609; W.S. 1957, § 27-200.

§ 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.

History. Laws 1909, ch. 120, § 1; C.S. 1910, § 3432; C.S. 1920, § 4349; R.S. 1931, § 8-101; C.S. 1945, § 54-610; W.S. 1957, § 27-201.

Cross references. —

For section providing that assignment of unemployment compensation benefits shall be void, see § 27-3-319 .

As to assignment of claims for unpaid wages to the commissioner of labor and statistics for collection, see §§ 27-4-502 and 27-4-504 .

§ 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.

History. Laws 1909, ch. 120, § 2; C.S. 1910, § 3433; C.S. 1920, § 4350; R.S. 1931, § 8-102; C.S. 1945, § 54-611; W.S. 1957, § 27-202; 2001, ch. 162, § 1.

Cross references. —

As to rights and liabilities of married persons generally, see §§ 20-1-201 and 20-1-202 .

§ 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 [§§ 27-4-110 through 27-4-112 ].

History. Laws 1909, ch. 120, § 3; C.S. 1910, § 3434; C.S. 1920, § 4351; R.S. 1931, § 8-103; C.S. 1945, § 54-612; W.S. 1957, § 27-203.

Repealing clauses. —

Section 4, ch. 120, Laws 1909, repealed all laws and parts of laws in conflict therewith.

§ 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.

History. C.L. 1876, ch. 37, § 1; R.S. 1887, § 1075; R.S. 1899, § 2520; C.S. 1910, § 3428; C.S. 1920, § 4304; R.S. 1931, § 63-117; C.S. 1945, § 54-613; W.S. 1957, § 27-204.

Cross references. —

For constitutional provision relative to rights of aliens, see art. 1, § 29, Wyo. Const.

For provision that no person not a citizen of the United States, or who has not declared his intention to become such, shall be employed in connection with public works, see art. 19, § 3, Wyo. Const.

§ 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.

History. C.L. 1876, ch. 37, § 2; R.S. 1887, § 1076; R.S. 1899, § 2521; C.S. 1910, § 3429; C.S. 1920, § 4305; R.S. 1931, § 63-118; C.S. 1945, § 54-614; W.S. 1957, § 27-205.

§ 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 employee 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.

History. C.L. 1876, ch. 37, § 3; R.S. 1887, § 1077; R.S. 1899, § 5125; C.S. 1910, § 5976; C.S. 1920, § 7272; R.S. 1931, § 32-822; C.S. 1945, § 54-615; W.S. 1957, § 27-206.

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

1. 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:
   1. The employer has provided written instructions as to procedures for accepting checks and the employee fails to follow the procedures; or
   2. The employer reasonably believes that the employee has been a party to a fraud or other wrongdoing in taking a dishonored check.
2. 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).

History. Laws 1989, ch. 143, § 1.

§ 27-4-201. Definitions.

1. As used in this act [§§ 27-4-201 through 27-4-204 ]:
   1. “Wage” means compensation due to an employee by reason of his employment;
   2. “Employ” includes to suffer or to permit to work;
   3. “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;
   4. “Employee” includes any individual employed by an employer but shall not include:
      1. Any individual employed in agriculture;
      2. Any individual employed in domestic service in or about a private home;
      3. Any individual employed in a bona fide executive, administrative, or professional capacity;
      4. Any individual employed by the United States, or by the state or any political subdivision thereof;
      5. 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;
      6. Repealed by Laws 2001, ch. 1, § 2.
      7. Any individual employed as an outside salesman whose compensation is solely commission on sales;
      8. 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;
      9. Repealed by Laws 2001, ch. 1, § 2.
   5. In this act, “shall” is used in an imperative sense and “may” is used in a permissive sense;
   6. “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.

History. Laws 1955, ch. 121, § 1; W.S. 1957, § 27-207; Laws 1971, ch. 201, § 1; 2001, ch. 1, § 2.

Editor's notes. —

There is no subparagraph (a)(iv)(I) or subsection (b) in this section as it appears in the printed acts.

Section is of similar import to Fair Labor Standards Act of 1938, ch. 676, § 6, 52 Stat. 1062, as amended, 29 USCS § 206, and, therefore, the pronouncements of federal courts when construing and applying the congressional act merit careful attention. Padilla v. Henning Hotel Co., 78 Wyo. 144, 319 P.2d 874, 1958 Wyo. LEXIS 3 (Wyo. 1958).

Employees whose hours not controlled cannot claim minimum hourly wage. —

Where the employee is not directed or controlled by an employer who prescribes the hours of work, their number, or the manner or nature of services required, it would offend reason to hold such employees may say they worked 24 hours or any other excessive number of hours each day and then claim a minimum per hour wage. Hurst v. Davis, 386 P.2d 943, 1963 Wyo. LEXIS 126 (Wyo. 1963).

Trial court's award of “wages” held not to mean Wage-Hour Law applied. —

Although the trial court termed its allowance as “wages,” that terminology does not necessarily mean that the amount awarded was computed on the basis of hourly wage, or that the nature of the employment was in a capacity covered by the Hurst v. Davis, 386 P.2d 943, 1963 Wyo. LEXIS 126 (Wyo. 1963).

Tips as wages. —

In the absence of an express agreement to the contrary, tips are not wages. Padilla v. Henning Hotel Co., 78 Wyo. 144, 319 P.2d 874, 1958 Wyo. LEXIS 3 (Wyo. 1958).

A contract entered into prior to the effective date of the statute and not made in contemplation thereof, stating that the employee would receive “the stipulated monthly salary, plus such tips as the employee might receive from others,” did not make tips a part of the wages required to be paid by the statute. Padilla v. Henning Hotel Co., 78 Wyo. 144, 319 P.2d 874, 1958 Wyo. LEXIS 3 (Wyo. 1958).

Employees held to be administrators or executives. —

The fact that accounting was made to the employers of receipts and disbursements does not alter the fact that the employees' management and operation of the business was administrative and, in part at least, executive, in that they had exercised powers of decision — when to work, how to work — and many other related activities. Hurst v. Davis, 386 P.2d 943, 1963 Wyo. LEXIS 126 (Wyo. 1963).

Cited in

NL Indus., Inc. v. Dill, 769 P.2d 920, 1989 Wyo. LEXIS 58 (Wyo. 1989).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity of minimum wage statutes relating to private employment, 30 ALR2d 1219.

Delegation of judicial power by minimum wage statutes relating to private employment, 39 ALR2d 756.

Who is employed in “professional capacity” within exemption, under 29 USC § 213(a)(1), from minimum wage and maximum hours provisions of Fair Labor Standards Act, 77 ALR Fed 681.

Employer's duty to furnish wage information to employees' representative under National Labor Relations Act, 112 ALR Fed 81.

Who is employed in “executive capacity” within exemption, under 29 USCS § 213(A)(1), from minimum wage and maximum hours provisions of Fair Labor Standards Act (29 USCS §§ 201 et seq.), 131 ALR Fed 1.

What constitutes “preschool” for purposes of § 3(S)(1)(B) of Fair Labor Standards Act (29 USCS § 203(S)(1)(B)), providing that preschools are subject to wage and hour provisions of act, 131 ALR Fed 207.

Who is “employee employed in agriculture” and therefore exempt from overtime provisions of Fair Labor Standards Act by § 13 (b)(12) of Act (29 U.S.C. § 213(b)(12)), 162 ALR Fed 575.

Validity and construction of domestic service provisions of fair labor standards act (29 U.S.C. §§ 201 et seq.), 165 ALR Fed 163.

§ 27-4-202. Minimum wage rates.

1. 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.
2. 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.
3. 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.

History. Laws 1955, ch. 121, § 2; W.S. 1957, § 27-208; Laws 1965, ch. 97, § 1; 1967, ch. 164, § 1; 1971, ch. 201, § 2; 2001, ch. 1, § 1.

Cross references. —

For section declaring it unlawful for an employer to pay wages lower than that agreed upon with employee, or to fail to pay fringe benefits agreed upon, see § 27-4-507 .

Am. Jur. 2d, ALR and C.J.S. references. —

Who is executive, administrator, supervisor or the like, under exemption for such employees from state minimum wage and overtime pay statutes, 85 ALR4th 519.

§ 27-4-203. Record of work of employees required.

Every employer subject to this act [§§ 27-4-201 through 27-4-204 ] 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.

History. Laws 1955, ch. 121, § 3; W.S. 1957, § 27-209.

§ 27-4-204. Liability for unpaid minimum wage; suit for collection.

1. Any employer who shall pay to any employee wages at a rate less than that prescribed in the foregoing section [§ 27-4-202 ] 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 [§§ 27-4-201 through 27-4-204 ] and the recovery of his or her unpaid wages together with reasonable attorney fees and the costs of the action.
2. and (c) Repealed by Laws 1990, ch. 71, § 2.

History. Laws 1955, ch. 121, § 4; 1957, ch. 139, § 1; W.S. 1957, § 27-210; Laws 1965, ch. 97, § 2; 1967, ch. 164, § 2; 1971, ch. 201, § 3; 1981, Sp. Sess., ch. 22, § 1; 1990, ch. 71, § 2.

Cross references. —

As to assignment of claim to commissioner for collection, see § 27-4-504 .

Am. Jur. 2d, ALR and C.J.S. references. —

Employer's duty to furnish wage information to employees' representative under National Labor Relations Act, 112 ALR Fed 81.

§ 27-4-301. Definitions.

1. “Employee” means any individual employed by an employer.
2. “Employer” includes any person acting directly or indirectly in the interest of an employer in relation to an employee.
3. “Employ” includes to suffer or permit to work.
4. “Occupation” includes any industry, trade, business or branch thereof, or any employment or class of employment.
5. “Director” means the director of the department of workforce services or his designee who is authorized to administer W.S. 27-4-301 through 27-4-304 .
6. “Person” includes one (1) or more individuals, partnerships, corporations, associations, legal representatives, trustees, trustees in bankruptcy or receivers.

History. Laws 1959, ch. 150, § 2; W.S. 1957, § 27-210.1; Laws 2001, ch. 162, § 1; 2012, ch. 1, § 1.

The 2012 amendment, effective July 1, 2012, substituted “workforce services” for “employment” in (e).

§ 27-4-302. Prohibition on paying employees less for same work.

1. 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:
   1. A seniority system;
   2. A merit system;
   3. A system which measures earning by quantity or quality of production; or
   4. A differential based on any other factor other than gender.

History. Laws 1959, ch. 150, § 1; W.S. 1957, § 27-210.2; Laws 2001, ch. 162, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Am. Jur. 2d, ALR and C.J.S. references. —

Wage differentials as violative of those provisions of Title VII of the Civil Rights Act of 1964, as amended (42 USCS §§ 2000e et seq.), which prohibit sex discrimination in employment, 62 ALR Fed 33.

§ 27-4-303. Liability of employer generally; liquidated damages; individual and group actions; assignment of claim.

1. 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.
2. 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.

History. Laws 1959, ch. 150, § 3; W.S. 1957, § 27-210.3; Laws 2001, ch. 162, § 1.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

§ 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 by a court of competent jurisdiction, be punished by a fine of not more than five hundred dollars ($500.00), by imprisonment for not more than six (6) months, or both.

History. Laws 1959, ch. 150, § 4; W.S. 1957, § 27-210.4; Laws 2001, ch. 162, § 1; 2019, ch. 20, § 1.

The 2019 amendment, effective July 1, 2019, added "by a court of competent jurisdiction," after "conviction" and substituted "more than five hundred dollars ($500.00)," for "less than twenty-five dollars ($25.00), nor more than two hundred dollars ($200.00)" and "not more than six (6) months, or both." 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".

§ 27-4-401. Short title.

This act [§§ 27-4-401 through 27-4-413 ] may be known and may be cited as the Wyoming Prevailing Wage Act of 1967.

History. Laws 1967, ch. 184, § 1; W.S. 1957, § 27-210.5.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 27-4-402(a)(xi).

§ 27-4-402. Definitions.

1. As used in this act:
   1. “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;
   2. “Director” shall mean the director of the department or his designee;
   3. “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;
   4. Repealed by Laws 2001, ch. 145, § 2.
   5. “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;
   6. “Public body” means the state of Wyoming or any officer, board or commission of the state;
   7. “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;
   8. “Workmen” means laborers, workmen and mechanics employed directly upon the actual construction site by contractors or subcontractors or the public body;
   9. “Locality” for public heavy, highway projects and public building projects means the following districts wherein the physical work is performed:
      1. For federal highway and construction projects:
         1. 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);
         2. Any area defined as a metropolitan statistical area pursuant to 44 U.S.C. 3504(e)(3) and 31 U.S.C. 1104(d).
      2. For state only heavy and highway projects, the entire state of Wyoming;
      3. For public building projects, the entire state of Wyoming.
   10. “Department” means the department of workforce services;
   11. “This act” means W.S. 27-4-401 through 27-4-413 .

History. Laws 1967, ch. 184, § 2; W.S. 1957, § 27-210.6; Laws 1979, ch. 109, § 1; 1987, ch. 6, § 1; 1995, ch. 50, § 1; 1999, ch. 164, § 1; 2001, ch. 145, §§ 1, 2; 2007, ch. 109, § 1; 2012, ch. 1, § 1.

The 2007 amendment, effective July 1, 2007, in (a), substituted “one hundred thousand dollars ($100,000.00)” for “twenty-five thousand dollars ($25,000.00)” in (i); rewrote (ix)(A) through (C).

The 2012 amendment, effective July 1, 2012, substituted “workforce services” for “employment” in (a)(x).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 27-4-403. Prevailing hourly wage on public works projects; transportation of materials; exception for trainees.

1. 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.
2. 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.
3. 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:
   1. 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;
   2. 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;
   3. 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.

History. Laws 1967, ch. 184, § 3; W.S. 1957, § 27-210.7; 1995, ch. 50, § 1.

§ 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.

History. Laws 1967, ch. 184, § 4; W.S. 1957, § 27-210.8; Laws 2001, ch. 145, § 1; 2007, ch. 109, § 1.

The 2007 amendment, effective July 1, 2007, inserted “or upon reasonable suspicion that a violation of this act has occurred.”

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 27-4-402(a)(xi).

§ 27-4-405. Duty of public authority to ascertain wage rate for public works; requirement as to call for bids.

1. 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.
2. 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 .

History. Laws 1967, ch. 184, § 5; W.S. 1957, § 27-210.9; Laws 1994, ch. 74, § 1; 2001, ch. 145, § 1; 2007, ch. 109, § 1.

The 2007 amendment, effective July 1, 2007, added the last sentence in (a).

§ 27-4-406. Wage rate to be filed with director and mailed to employers and certain employees.

1. 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:
   1. Repealed by Laws 2007, ch. 109, § 2.
   2. Provide for a moving average wage adjustment as defined in rules and regulations of the department;
   3. Customize a survey for the construction trades.
2. Upon determining the prevailing hourly rate of wages under subsection (a) of this section, the department shall provide notice of its determination to:
   1. The general public by publication in a newspaper of general circulation within each locality for which a prevailing wage rate is determined; and
   2. Each state agency and, upon written request, to any employer or other person. Notice under this paragraph shall be made promptly by certified mail.

History. Laws 1967, ch. 184, § 6; W.S. 1957, § 27-210.10; Laws 2001, ch. 145, § 1; 2007, ch. 109, § 2.

The 2007 amendment, effective July 1, 2007, repealed former (a)(i), which read: “Utilize the most recent payroll data as submitted by employers or employee organizations for purposes of reporting payroll and making contributions under the Wyoming Employment Security Law.”

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 27-4-402(a)(xi).

§ 27-4-407. Objection to rates filed; hearing; ruling; judicial review.

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.

History. Laws 1967, ch. 184, § 7; W.S. 1957, § 27-210.11; Laws 2001, ch. 145, § 1.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

§ 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.

History. Laws 1967, ch. 184, § 8; W.S. 1957, § 27-210.12; Laws 2001, ch. 145, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 27-4-402(a)(xi).

§ 27-4-409. Hearing procedure.

The procedure before the director for hearing of objections shall be as provided in the Wyoming Administrative Procedure Act.

History. Laws 1967, ch. 184, § 9; W.S. 1957, § 27-210.13; Laws 2001, ch. 145, § 1; 2019, ch. 186, § 1.

The 2019 amendment, effective July 1, 2019, substituted "Wyoming Administrative Procedure Act" for "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.

History. Laws 1967, ch. 184, § 10; W.S. 1957, § 27-210.14; Laws 2001, ch. 145, § 1.

§ 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.

History. Laws 1967, ch. 184, § 11; W.S. 1957, § 27-210.15.

§ 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 [§§ 27-4-401 through 27-4-413 ], 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.

History. Laws 1967, ch. 184, § 12; W.S. 1957, § 27-210.16.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 27-4-402(a)(xi).

§ 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 [§§ 27-4-401 through 27-4-413 ]. 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).

History. Laws 1967, ch. 184, § 13; W.S. 1957, § 27-210.17; Laws 1979, ch. 109, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 27-4-402(a)(xi).

§ 27-4-501. Definitions.

1. Whenever used in this act:
   1. “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;
   2. “Employee” means any person who, under the usual common law rules applicable in determining the employer-employee relationship, has the status of an employee;
   3. “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, but does not include the value of vacation leave accrued at the date of termination if the written policies of the employer provide that accrued vacation is forfeited upon termination of employment and the written policies are acknowledged in writing by the employee;
   4. “Department” means the department of workforce services;
   5. “This act” means W.S. 27-4-501 through 27-4-508 .

History. Laws 1971, ch. 156, § 1; W.S. 1957, § 27-210.18; Laws 1990, ch. 71, § 1; 2001, ch. 162, § 1; 2012, ch. 1, § 1; 2013, ch. 67, § 1.

The 2012 amendment, effective July 1, 2012, substituted “workforce services” for “employment” in (a)(iv).

The 2013 amendment, effective July 1, 2013, added “, but does not include the value of vacation leave accrued at the date of termination if the written policies of the employer provide that accrued vacation is forfeited upon termination of employment and the written policies are acknowledged in writing by the employee;” in (a)(iii).

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Employee as opposed to independent contractor. —

Wyoming Department of Employment's grant to a former employee his claim for unpaid wages under Wyo. Stat. Ann § 27-4-507(b) and § 27-4-104(b), was proper because he was an employee under Wyo. Stat. Ann. § 27-4-501(a)(ii) as opposed to an independent contractor; there was no written contract, the employee did not bill the employer for his services, and the employer withheld tax deductions from employee's paychecks. Diamond B Servs. v. Rohde, 2005 WY 130, 120 P.3d 1031, 2005 Wyo. LEXIS 157 (Wyo. 2005), reh'g denied, 2005 Wyo. LEXIS 168 (Wyo. Nov. 2, 2005).

Court did not err in awarding attorney fees to employee under § 27-4-104(b) since relocation cost reimbursement is a fringe benefit in accord with subsection (a)(iii) of this section. NL Indus. v. Dill, 769 P.2d 920, 1989 Wyo. LEXIS 58 (Wyo. 1989).

§ 27-4-502. Claims for unpaid wages; anti-retaliation.

1. 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 maximum amount specified in section 507(a)(4) of title 11, United States Code for claims arising out of bankruptcy or two (2) months wages for any claims not arising out of bankruptcy, per employee per wage claim.
2. It shall be an unlawful employment practice for any employer to discharge, harass, discipline or in any other manner discriminate against any employee because the employee filed a claim for unpaid wages or made any other complaint or instituted or caused to be instituted any proceeding under or related to this act or testified, assisted or participated in any manner in an investigation, proceeding or hearing under this act. Any employer who violates the provisions of this subsection shall be liable for legal or equitable relief as may be appropriate to effectuate the purposes of this act including continued employment, reinstatement, promotion and the payment of wages lost and an additional equal amount as liquidated damages.

History. Laws 1971, ch. 156, § 2; W.S. 1957, § 27-210.19; Laws 2001, ch. 162, § 1; 2020, ch. 140, § 1.

Cross references. —

As to assignments of wages generally, see § 27-4-110 et seq.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see 27-4-501(a)(v).

The 2020 amendment, added designation (a); in (a), substituted “the maximum amount specified in section 507(a)(4) of title 11, United States Code for claims arising out of bankruptcy” for “the sum of five hundred dollars ($500.00),” substituted “for any claims not arising out of bankruptcy” for “, whichever is the greater”; and added (b).

Laws 2020, ch. 140, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2020.

Construction with 27-4-104 . —

Since the legislature specifically directs the Wyoming Department of Employment to take claims under Wyo. Stat. Ann. § 27-4-104 and does not limit its authority to subsection (a), the Department is authorized to make awards under subsection (b), as well. Diamond B Servs. v. Rohde, 2005 WY 130, 120 P.3d 1031, 2005 Wyo. LEXIS 157 (Wyo. 2005), reh'g denied, 2005 Wyo. LEXIS 168 (Wyo. Nov. 2, 2005).

Provision does not limit claims. —

Wyoming Department of Employment had authority to consider a former employee's claim for unpaid wages because Wyo. Stat. § 27-4-502 does not limit the claims the Department can hear; it simply limits the amount it can award for each claim. Diamond B Servs. v. Rohde, 2005 WY 130, 120 P.3d 1031, 2005 Wyo. LEXIS 157 (Wyo. 2005), reh'g denied, 2005 Wyo. LEXIS 168 (Wyo. Nov. 2, 2005).

§ 27-4-503. [Repealed.]

Repealed by Laws 2001, ch. 162, § 2.

Editor's notes. —

This section, which derived from Laws 1971, ch. 156, § 3, related to jurisdiction to pursue claims under the act.

§ 27-4-504. Investigation and determination of unpaid wage claims; hearing; orders; collection of unpaid wages.

1. Upon receipt of a written claim for unpaid wages, the department shall process, investigate and determine the validity of the claim.
2. 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.
3. 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 in the court having jurisdiction based on the total amount of unpaid wages due.
4. 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.

History. Laws 1971, ch. 156, § 4; W.S. 1957, § 27-210.21; Laws 1981, ch. 137, § 1; 1990, ch. 71, § 1; 2001, ch. 162, § 1; 2020, ch. 140, § 1.

The 2020 amendment, in (c), added “in the court having jurisdiction based on the total amount of unpaid wages due” at the end.

Laws 2020, ch. 140, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2020.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

§ 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.

History. Laws 1971, ch. 156, § 5; W.S. 1957, § 27-210.22; Laws 1981, ch. 137, § 1; 2001, ch. 162, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 27-4-501(a)(v).

§ 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 .

History. Laws 1971, ch. 156, § 6; W.S. 1957, § 27-210.23; Laws 2001, ch. 162, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see 27-4-501(a)(v).

§ 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.

1. 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.
2. 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.
3. 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.

History. Laws 1971, ch. 156, § 7; W.S. 1957, § 27-210.24.

Cross references. —

As to minimum wages with respect to “tip employees,” see § 27-4-202 .

Construction. —

Wyo. Stat. Ann. §§ 27-4-507 and 27-4-104(b), read in pari materia, synthesize the common purpose and intent regarding collection of unpaid wages; pursuant to § 27-4-507 an employer must fully pay the wages provided by contract, and pursuant to 27-4-104(b) an employee who establishes the amount of unpaid wages justly due is entitled to 18 percent interest, attorney fees, and all costs of suit. Jensen v. Fremont Motors Cody, Inc., 2002 WY 173, 58 P.3d 322, 2002 Wyo. LEXIS 200 (Wyo. 2002).

Unpaid wages due. —

Wyoming Department of Employment's grant to a former employee his claim for unpaid wages under Wyo. Stat. Ann § 27-4-507(b) and § 27-4-104(b), was proper because under he was an employee under Wyo. Stat. Ann. § 27-4-501(a)(ii) as opposed to an independent contractor; there was no written contract, the employee did not bill the employer for his services, and the employer withheld tax deductions from employee's paychecks. Diamond B Servs. v. Rohde, 2005 WY 130, 120 P.3d 1031, 2005 Wyo. LEXIS 157 (Wyo. 2005), reh'g denied, 2005 Wyo. LEXIS 168 (Wyo. Nov. 2, 2005).

§ 27-4-508. Agreements for reciprocal enforcement; of claim to another state.

1. 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.
2. 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.

History. Laws 1971, ch. 156, § 8; W.S. 1957, § 27-210.25; Laws 2001, ch. 162, § 1.

§ 27-5-101. State and county employees; overtime compensation.

1. 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.
2. 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.
3. Overtime compensation may only be authorized by the appropriate employing governing body subject to the following:
   1. 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;
   2. 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;
   3. For employees of the judicial branch of state government, pursuant to rules and regulations of the Wyoming supreme court;
   4. For county employees, pursuant to rules and regulations of the respective boards of county commissioners.

History. Laws 1974, ch. 4, § 1; W.S. 1957, § 27-211.1; Laws 1991, ch. 29, § 3; 1997, ch. 178, § 1; 2001, ch. 162, § 1.

Cross references. —

As to salaries of certain state officers and employees, see § 9-3-101 .

Editor's notes. —

Section 3, ch. 4, Laws 1974, reads as follows: “This act operates prospectively only and does not permit overtime compensation for services rendered prior to July 1, 1974. This act shall not apply to any employee covered by the provisions of the federal Fair Labor Standards Act of 1938, as amended.”

No additional money for county employees required to work 40hours per week. —

Employees of the county assessor, employed as full-time employees, enjoying all the benefits of full-time employees as opposed to part-time employees, and paid as full-time employees for eight hours work per day, although they worked only seven hours a day, were not required to be paid additional money for the extra 20 hours per month they were now required to work. All that had really occurred was that the taxpayers were finally receiving the work that they have been paying for — that is, a 40-hour work week. Greub v. Frith, 717 P.2d 323, 1986 Wyo. LEXIS 522 (Wyo. 1986).

County to authorize overtime pay for emergencies. —

There is no foundation in this section on which to construct a claim for additional compensation where: (1) the employee voluntarily enters into an agreement to work more than eight hours a day and 40 hours a week; or (2) the county has not established rules and regulations governing authorization of overtime pay for emergency services. Cyr v. Board of County Comm'rs, 780 P.2d 986, 1989 Wyo. LEXIS 209 (Wyo. 1989).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity and construction of domestic service provisions of fair labor standards act (29 U.S.C. §§ 201 et seq.), 165 ALR Fed 163.

§ 27-5-102. Working day; mines generally.

1. The lawful working day in all underground mines is eight (8) hours per day, except:
   1. In case of emergency;
   2. 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.

History. Laws 1909, ch. 17, § 1; C.S. 1910, § 3499; C.S. 1920, § 4422; Laws 1931, ch. 73, § 62; R.S. 1931, § 63-103; C.S. 1945, § 54-802; W.S. 1957, § 27-212; Laws 1979, ch. 87, § 2.

Cross references. —

For constitutional provision that eight hours actual work shall constitute a lawful day's work in all mines, see art. 19, § 2, Wyo. Const.

As to mines, and oil and gas wells generally, see title 30.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Construction of act. —

Section 3, ch. 87, Laws 1979, reads: “Nothing in this act may be construed so as to alter the provisions of any collective bargaining contract.”

§§ 27-5-103 through 27-5-107. [Repealed.]

Repealed by Laws 1979, ch. 87, § 4.

Editor's notes. —

These sections, which derived from Laws 1880-91, ch. 83, §§ 2 through 4, and Laws 1909, ch. 17, §§ 2 and 3, related to the working day in certain mining work.

§ 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 .

History. Laws 1979, ch. 87, § 1.

§ 27-5-109. Definitions.

1. As used in this act:
   1. “Emergency” means any condition which, if not corrected immediately, will jeopardize:
      1. Human life; or
      2. Property.
   2. “Employer” means any owner, lessee, agent, operator or manager of any underground mine;
   3. “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;
   4. “Working day” means eight (8) hours of employment in any twenty-four (24) hour period;
   5. “This act” means W.S. 27-5-102 , 27-5-108 , 27-5-109 and 27-5-110 .

History. Laws 1979, ch. 87, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 27-5-110. Penalties.

Any person who violates any of the provisions of this act [§§ 27-5-102 , 27-5-108 , 27-5-109 and 27-5-110 ] 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.

History. Laws 1979, ch. 87, § 1.

Construction of act. —

Section 3, ch. 87, Laws 1979, reads: “Nothing in this act may be construed so as to alter the provisions of any collective bargaining contract.”

§§ 27-6-101 through 27-6-106. [Repealed.]

Repealed by Laws 1996, ch. 8, § 1.

Editor's notes. —

These sections, which derived from Laws 1901, ch. 33, § 1, 2, Laws 1923, ch. 62, § 1, 3, 4, 6, and Laws 1937, ch. 30, § 1, related to employment of women and children.

§ 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 workforce services to be hazardous for children under sixteen (16) years of age.

History. Laws 1923, ch. 48, § 4; R.S. 1931, § 20-305; C.S. 1945, § 58-304; W.S. 1957, § 27-225; Laws 1963, ch. 181, § 7; 1990, ch. 63, § 2; 1997, ch. 182, § 1; 2012, ch. 1, § 1.

The 2012 amendment, effective July 1, 2012, substituted “workforce services” for “employment” near the end.

Am. Jur. 2d, ALR and C.J.S. references. —

Lawn mowing by minors as violation of child labor statutes, 56 ALR3d 1166.

§ 27-6-108. Children; proof of age required; inspection and form.

1. 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:
   1. A duly attested birth certificate;
   2. A properly prepared immigration and naturalization form I-9 showing the age of the child; or
   3. Any other document showing the age of the child as approved by the department of workforce services.
2. and (c) Repealed by Laws 1997, ch. 182, § 2.

History. Laws 1923, ch. 48, § 5; R.S. 1931, § 20-306; C.S. 1945, § 58-305; W.S. 1957, § 27-226; Laws 1963, ch. 181, § 2; 1990, ch. 63, § 2; 1997, ch. 182, §§ 1, 2; 2012, ch. 1, § 1.

The 2012 amendment, effective July 1, 2012, substituted “workforce services” for “employment” in (a)(iii).

§ 27-6-109. [Repealed.]

Repealed by Laws 1997, ch. 182, § 2.

Editor's notes. —

This section, which derived from Laws 1923, ch. 48, § 6, related to enforcement of laws regulating the employment of minors.

§ 27-6-110. Children; hours of labor.

1. 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.
2. 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.

History. Laws 1915, ch. 77, § 4; C.S. 1920, § 3881; Laws 1923, ch. 48, § 3; R.S. 1931, § 20-304; C.S. 1945, § 58-303; W.S. 1957, § 27-228; Laws 1963, ch. 181, § 3.

Cross references. —

As to hours of labor generally, see chapter 5 of this title.

§ 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.

History. Laws 1923, ch. 48, § 1; R.S. 1931, § 20-301; C.S. 1945, § 58-301; W.S. 1957, § 27-229; Laws 1963, ch. 181, § 4.

Cross references. —

As to compulsory attendance of children, see §§ 21-4-101 through 21-4-107 .

§ 27-6-112. Children; prohibition of employment in certain occupations.

1. 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:
   1. The operation of or working on heavy construction equipment;
   2. Employment requiring contact with or exposure to explosives or dangerous chemicals; or in any other occupation declared by the department of workforce services as hazardous, for the employment of children under sixteen (16) years of age.
2. The department of workforce services is hereby authorized to declare any occupation hazardous for the employment of children under sixteen (16) years of age.

History. Laws 1915, ch. 77, § 3; C.S. 1920, § 3880; Laws 1923, ch. 48, § 2; 1925, ch. 11, § 1; R.S. 1931, § 20-303; C.S. 1945, § 58-302; W.S. 1957, § 27-230; Laws 1959, ch. 133, § 1; 1963, ch. 181, § 5; 1990, ch. 63, § 2; 1997, ch. 182, § 1; 2012, ch. 1, § 1.

The 2012 amendment, effective July 1, 2012, substituted “workforce services” for “employment” in (a)(ii) and (b).

Where employment lawful, worker's compensation sole remedy.—

Where neither this section nor § 27-6-107 of the child labor statutes made the work in which the minor was engaged at the time of his death an unlawful or illegal employment, the provisions of the Workmen's Compensation Law (now Worker's Compensation Act) were the only remedy available to the minor's personal representative. Hart v. Blair, 378 P.2d 677, 1963 Wyo. LEXIS 73 (Wyo. 1963) (decided prior to the 1963 amendments to this section and § 27-6-107 ).

Although federal law may have prohibited the type of employment sixteen-year-old was engaged in when injured, he was a “legally employed minor” under Wyoming law, and therefore worker's compensation provided his exclusive remedy. Maser v. L. & H. Welding & Mach. Co., 1 P.3d 642, 2000 Wyo. LEXIS 64 (Wyo. 2000).

§ 27-6-113. Children; penalty for violations.

1. Any person employing any child or children in violation of the provisions of this chapter, or any child, subject hereto, who willfully and intentionally violates the provisions of this chapter, or any person who permits a violation, is guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than one hundred (100) days, or both.
2. Nothing in this chapter 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.

History. Laws 1923, ch. 48, § 7; R.S. 1931, § 20-308; C.S. 1945, § 58-307; W.S. 1957, § 27-231; Laws 1963, ch. 181, § 6; 1997, ch. 182, § 1; 2019, ch. 137, § 1.

The 2019 amendment, effective July 1, 2019, substituted "chapter" for "act" throughout; in (a), substituted "is guilty" for "shall be deemed guilty," "punished by a fine of" for "fined," "imprisonment for" for "or imprisoned in the county jail," and deleted "in the discretion of the court" at the end.

Repealing clauses. —

Section 8, ch. 48, Laws 1923, repealed all laws and parts of laws in conflict therewith.

§ 27-6-114. Employment of children under 16 in amusement, immoral or dangerous pursuits forbidden; exceptions.

1. It is unlawful for any person having the care, custody or control of any child under the age of sixteen (16) years to:
   1. Exhibit, use or employ that child:
      1. 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;
      2. For any illegal or immoral purpose;
      3. For any business or in any place, situation, exhibition or vocation injurious to the morals, health or safety of the child.
   2. Cause, procure or encourage a child to engage in any practice specified in paragraph (a)(i) of this subsection.
2. Nothing in this section applies to or prevents:
   1. The employment or use of any child as:
      1. A singer or musician in any church, school or academy;
      2. A dishwasher, busboy or delivery person in a place where alcoholic liquors and malt beverages are sold.
   2. The teaching or learning of the science or practice of music;
   3. The physical development of a child’s body in any respectable gymnasium or natatorium;
   4. 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.

History. Laws 1915, ch. 77, § 2; C.S. 1920, § 3879; R.S. 1931, § 20-302; C.S. 1945, § 58-308; W.S. 1957, § 27-232.

Cross references. —

As to unlawful selling of liquor to minor, see §§ 12-5-502 and 12-6-101 .

Am. Jur. 2d, ALR and C.J.S. references. —

Validity, construction, and application of state statutes or ordinances regulating sexual performance by child, 42 ALR5th 291.

§ 27-6-115. [Repealed.]

Repealed by Laws 1996, ch. 8, § 1.

Editor's notes. —

This section, which derived from Laws 1915, ch. 77, § 5, related to seats for girls.

§ 27-6-116. Penalties for violations of certain provisions. [Repealed]

History. Laws 1915, ch. 77, § 6; C.S. 1920, § 3883; R.S. 1931, § 20-310; C.S. 1945, § 58-310; W.S. 1957, § 27-234; Repealed by Laws 2019, ch. 137, § 2.

§ 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.

History. Laws 1933, ch. 37, § 1; C.S. 1945, § 54-501; W.S. 1957, § 27-239.

Cross references. —

For constitutional provision providing for the protection of labor, see art. 1, § 22, Wyo. Const.

Right to join union implies right not to join union. —

This section does not specifically state that persons are entitled to choose whether to join a union or not. But that is implied therein, since the right to join a labor union implies the right not to join one. Hagen v. Culinary Workers Alliance Local, 70 Wyo. 165, 246 P.2d 778, 1952 Wyo. LEXIS 25 (Wyo. 1952).

Applies only to private industry. —

Generally statutes governing labor relations between employers and employees are construed only to apply to private industry. Retail Clerks Local 187 v. University of Wyoming, 531 P.2d 884, 1975 Wyo. LEXIS 129 (Wyo. 1975).

University of Wyoming not authorized to bargain collectively. —

This section, which recognizes the right of labor to bargain collectively with employers of labor, does not authorize the University of Wyoming to collectively bargain with its employees. Retail Clerks Local 187 v. University of Wyoming, 531 P.2d 884, 1975 Wyo. LEXIS 129 (Wyo. 1975).

Nor are municipalities. —

Had the legislative intent been that municipalities be forced to engage in collective bargaining the legislature would have been explicit in their language. Retail Clerks Local 187 v. University of Wyoming, 531 P.2d 884, 1975 Wyo. LEXIS 129 (Wyo. 1975).

Jurisdiction of state court to grant injunctive relief against mass picketing. —

Where defendant union and its members had no right to engage in mass picketing and, in picketing, make threats, use abusive language, prohibit entrance to the premises to customers of plaintiffs, inflict property damage or obstruct the highways, state court has jurisdiction to grant injunctive relief. Buckman v. UMW, Local 7247, 80 Wyo. 199, 339 P.2d 398, 1959 Wyo. LEXIS 28 .

Utterances of teacher in behalf of union activities were protected by United States and Wyoming constitutions. Board of Trustees v. Spiegel, 549 P.2d 1161, 1976 Wyo. LEXIS 191 (Wyo. 1976).

And were not grounds for nonrenewal of contract. —

Where there was no proof that the statements made by a teacher in pursuit of his union activities were made “with knowledge of their falsity or with reckless disregard for their truth or falsity” and there was no proof that his published statements have impeded the performance of his teaching duties or in any way disrupted the functions of the school, the criticized publications furnished no cause or grounds for failure to renew the teacher's employment contract. Board of Trustees v. Spiegel, 549 P.2d 1161, 1976 Wyo. LEXIS 191 (Wyo. 1976).

Quoted in

State ex rel. Fire Fighters Local 946 v. Laramie, 437 P.2d 295, 1968 Wyo. LEXIS 157 (Wyo. 1968).

Law reviews. —

See comment, “The Right of Wyoming State and Municipal Employees to Organize, Receive Exclusive Recognition, and Bargain Collectively,” see V Land & Water L. Rev. 605 (1970).

Am. Jur. 2d, ALR and C.J.S. references. —

Who are employees forbidden to strike under state enactments or state common-law rules prohibiting strikes by public employees or stated classes of public employees, 22 ALR4th 1103.

What statute of limitations applies to state law action by public sector employee for breach of union’s duty of fair representation, 12 ALR5th 950.

Right of public defenders to join collective bargaining unit, 108 ALR5th 241.

Charity-sponsored work programs for handicapped persons as subject to provisions of National Labor Relations Act (29 USC §§ 141 et seq.), 68 ALR Fed 905.

Collective bargaining agreement as restricting right to engage in concerted activities, other than striking or picketing, under § 7 of National Labor Relations Act (29 USC § 157), 69 ALR Fed 812.

Propriety, under § 10(c) of National Labor Relations Act (29 USC § 160(c)) authorizing affirmative action by NLRB as remedy for unfair labor practices, of order granting union access to company facilities, 71 ALR Fed 631.

What constitutes restraint or coercion of employer in selection of representative for collective bargaining or adjustment of grievances, designated as unfair labor practices under § 8(b)(1)(B) of National Labor Relations Act (29 USC § 158(b)(1)(B)), 72 ALR Fed 330.

Employer's right, under § 8(a)(1) of National Labor Relations Act (29 USC § 158(a)(1)), to ask employee whether employee intends to participate in strike, 72 ALR Fed 818.

When is subsequent business operation bound by existing collective bargaining agreement between labor union and predecessor employer, 88 ALR Fed 89.

Employer's duty to furnish information regarding financial status to employees' representative under National Labor Relations Act, 106 ALR Fed 694.

Construction of provision of 29 USC § 481(c) that unions and their officers shall “refrain from discrimination in favor of or against any candidate (for union office) with respect to use of lists of members”, 113 ALR Fed 389.

Increase, or promise of increase, or withholding of increase, of wages as unfair labor practice under National Labor Relations Act, 137 ALR Fed 333.

“Mass discharge” of employees as evidence of unfair labor practice under §§ 9(a)(1) and (3) of National Labor Relations Act (29 USCS § 158(a)(1), (3)), 137 ALR Fed 445.

Construction of Freedom of Speech and Assembly Provisions of § 101 (a)(2) of Labor—Management Reporting and Disclosure Act of 1959 (29 USCS § 411(a)(2)), Included in Bill of Rights of Member of Labor Organization. 143 ALR Fed 1.

§ 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.

History. Laws 1933, ch. 37, § 2; C.S. 1945, § 54-502; W.S. 1957, § 27-240.

§ 27-7-103. Acts not subject to be enjoined.

1. 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:
   1. Ceasing or refusing to perform any work or to remain in any relation of employment;
   2. Becoming or remaining a member of any labor organization or of any employer organization;
   3. 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;
   4. 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;
   5. 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;
   6. Assembling peaceably to act or to organize to act in promotion of their interests in a labor dispute;
   7. Advising or notifying any person of an intention to do any of the acts heretofore specified;
   8. Agreeing with other persons to do or not to do any of the acts heretofore specified; and
   9. Advising, urging, or otherwise causing or inducing without fraud or violence the acts heretofore specified, regardless of any such undertaking or promise.

History. Laws 1933, ch. 37, § 3; 1937, ch. 15, § 1; C.S. 1945, § 54-503; W.S. 1957, § 27-241.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Quoted in

Logan v. Stannard, 439 P.2d 24, 1968 Wyo. LEXIS 162 (Wyo. 1968).

Am. Jur. 2d, ALR and C.J.S. references. —

Collective bargaining agreement as restricting right to engage in concerted activities, other than striking or picketing, under § 7 of National Labor Relations Act (29 USC § 157), 69 ALR Fed 812.

§ 27-7-104. Unlawful combination or conspiracy not grounds for injunction.

No court of the state of Wyoming shall have jurisdiction to issue a restraining order or temporary or permanent injunction upon the ground that any of the persons participating or interested in a labor dispute constitute or are engaged in an unlawful combination or conspiracy because of the doing in concert of the acts enumerated in W.S. 27-7-103 .

History. Laws 1933, ch. 37, § 4; C.S. 1945, § 54-504; W.S. 1957, § 27-242.

§ 27-7-105. Hearing prerequisite for injunction; temporary restraining orders.

No court of the state of Wyoming shall have jurisdiction to issue a temporary or permanent injunction in any case involving or growing out of a labor dispute except after hearing the testimony of witnesses in open court (with opportunity for cross-examination) in support of the allegations of a complaint made under oath, and testimony in opposition thereto, if offered. Provided, however, that nothing in this section shall prevent any such court from issuing a temporary restraining order in accordance with the code of civil procedure, but any such restraining order shall provide that a hearing for a temporary injunction shall be held not later than three (3) days after the granting of such restraining order, and such restraining order shall not be effective beyond the date of such hearing for a temporary injunction.

History. Laws 1933, ch. 37, § 5; C.S. 1945, § 54-505; W.S. 1957, § 27-243.

Cross references. —

As to temporary restraining orders, see § 1-28-102 and Rule 65(b), W.R.C.P.

Cited in

Garber v. UMW, 524 P.2d 578, 1974 Wyo. LEXIS 217 (Wyo. 1974).

Am. Jur. 2d, ALR and C.J.S. references. —

Refusal of NLRB to file unfair labor practice complaint as subject to review in independent suit in federal district court, 69 ALR Fed 870.

§ 27-7-106. Injunction to include only specific acts.

Every restraining order or injunction granted in a case involving or growing out of a labor dispute shall include only a prohibition of such specific act or acts as may be expressly complained of in the petition filed in such case and sustained by competent evidence adduced in open court.

History. Laws 1933, ch. 37, § 7; C.S. 1945, § 54-507; W.S. 1957, § 27-244.

Repealing clauses. —

Section 8, ch. 37, Laws 1933, repealed all acts and parts of acts in conflict with the provisions of that act.

§ 27-7-107. Limitation on liability of officers, members or organizations.

No officer or member of any association or organization, and no association or organization participating or interested in a labor dispute, shall be held responsible or liable in any court of the state of Wyoming for the unlawful acts of individual officers, members, or agents, except upon clear proof of actual participation in, or actual authorization of, such acts, or ratification of such acts after actual knowledge thereof.

History. Laws 1933, ch. 37, § 6; C.S. 1945, § 54-506; W.S. 1957, § 27-245.

Am. Jur. 2d, ALR and C.J.S. references. —

Liability, under statute, of labor union or its membership for torts committed in connection with primary labor activities — state cases, 85 ALR4th 979.

What statute of limitations applies to state law action by public sector employee for breach of union’s duty of fair representation, 12 ALR5th 950.

Construction of provision of 29 USC § 481(c) that unions and their officers shall “refrain from discrimination in favor of or against any candidate (for union office) with respect to use of lists of members”, 113 ALR Fed 389.

§ 27-7-108. Right to work; definitions.

1. The term “labor organization” means any organization, or any agency or employee representation committee, plan or arrangement, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.
2. The term “person” shall include a corporation, association, company, firm or labor organization, as well as a natural person.

History. Laws 1963, ch. 39, § 1; W.S. 1957, § 27-245.1.

Law reviews. —

For note, “Right to Work: Prohibition of Expression or Coercion,” see 17 Wyo. L.J. 214 (1963).

For comment, “The Right of Wyoming State and Municipal Employees to Organize, Receive Exclusive Recognition, and Bargain Collectively,” see V Land & Water L. Rev. 605 (1970).

Am. Jur. 2d, ALR and C.J.S. references. —

Employee committee or similar group as “labor organization” under the National Labor Relations Act (29 USC §§ 151 et seq.), 75 ALR Fed 262.

Validity, construction, and application of state right-to-work provisions, 105 ALR5th 243.

§ 27-7-109. Right to work; membership in labor organization not required.

No person is required to become or remain a member of any labor organization as a condition of employment or continuation of employment.

History. Laws 1963, ch. 39, § 2; W.S. 1957, § 27-245.2.

Sections 27-7-109 through 27-7-111 deal fully with the conditions of employment enumerated in the title to ch. 39, Laws 1963. Local 415 of Int'l Elec. Workers v. Hansen, 400 P.2d 531, 1965 Wyo. LEXIS 129 (Wyo. 1965).

And they are in keeping with the provisions of the federal Labor Management Relations Act (1947), § 14(b), 29 USCS § 164(b) (1958), as interpreted by the United States supreme court. Local 415 of Int'l Elec. Workers v. Hansen, 400 P.2d 531, 1965 Wyo. LEXIS 129 (Wyo. 1965).

Cited in

General Chem. Corp. v. Unemployment Ins. Comm'n, 906 P.2d 380, 1995 Wyo. LEXIS 212 (Wyo. 1995).

§ 27-7-110. Right to work; abstention from membership in labor organization not required.

No person is required to abstain or refrain from membership in any labor organization as a condition of employment or continuation of employment.

History. Laws 1963, ch. 39, § 3; W.S. 1957, § 27-245.3.

Cross references. —

See notes to § 27-7-109 .

§ 27-7-111. Right to work; payment or nonpayment of dues not required.

No person is required to pay or refrain from paying any dues, fees, or other charges of any kind to any labor organization as a condition of employment or continuation of employment.

History. Laws 1963, ch. 39, § 4; W.S. 1957, § 27-245.4.

Cross references. —

See notes to § 27-7-109 .

§ 27-7-112. Right to work; connection with or approval by labor organization not required.

No person is required to have any connection with, or be recommended or approved by, or be cleared through, any labor organization as a condition of employment or continuation of employment.

History. Laws 1963, ch. 39, § 5; W.S. 1957, § 27-245.5.

This section is unconstitutional. —

See International Bhd. of Elec. Workers v. Hansen, 400 P.2d 531, 1965 Wyo. LEXIS 129 (Wyo. 1965).

This section goes beyond mere implementation of §§ 27-7-109 through 27-7-111 , by clear and unequivocal language. International Bhd. of Elec. Workers v. Hansen, 400 P.2d 531, 1965 Wyo. LEXIS 129 (Wyo. 1965).

And is separable from those sections. —

See International Bhd. of Elec. Workers v. Hansen, 400 P.2d 531, 1965 Wyo. LEXIS 129 (Wyo. 1965).

As it impinges on area covered by federal statute. —

The legislature demonstrated a clear intent and purpose by this section to set apart from the processes of collective bargaining, upon matters protected by the Labor Management Relations Act (1947), those employees who were not members of a union. That, of course, could not be done. Any such attempt is to impinge upon an area that is not open to the states under the provisions of Labor Management Relations Act (1947), § 14(b), 29 USCS § 164(b) (1958). International Bhd. of Elec. Workers v. Hansen, 400 P.2d 531, 1965 Wyo. LEXIS 129 (Wyo. 1965).

§ 27-7-113. Right to work; misdemeanor to impose or try to impose prohibited requirements; civil liability.

Any person who directly or indirectly places upon any other person any requirement or compulsion prohibited by this act [§§ 27-7-108 through 27-7-115 ], or who makes any agreement written or oral, express or implied, to do so, or who engages in any lockout, layoff, strike, work stoppage, slow down, picketing, boycott or other action or conduct, a purpose or effect of which is to impose upon any person, directly or indirectly, any requirement or compulsion prohibited by this act, is guilty of a misdemeanor and shall also be liable in damages to any person injured thereby.

History. Laws 1963, ch. 39, § 6; W.S. 1957, § 27-245.6.

§ 27-7-114. Right to work; injunction against prohibited conduct.

Any person injured or threatened with injury by any action or conduct prohibited by this act [§§ 27-7-108 through 27-7-115 ] shall, notwithstanding any other law to the contrary, be entitled to injunctive relief therefrom.

History. Laws 1963, ch. 39, § 7; W.S. 1957, § 27-245.7.

§ 27-7-115. Right to work; penalties.

Any person convicted of a misdemeanor, as defined in this act [§§ 27-7-108 through 27-7-115 ], shall be punished by a fine not to exceed one thousand dollars ($1,000.00), or imprisonment in the county jail for a term not to exceed six (6) months, or both.

History. Laws 1963, ch. 39, § 8; W.S. 1957, § 27-245.8.

Cited in

General Chem. Corp. v. Unemployment Ins. Comm'n, 906 P.2d 380, 1995 Wyo. LEXIS 212 (Wyo. 1995).

§ 27-8-101. Licenses required; fees; posting.

No person, firm or corporation shall open, operate or maintain in this state any employment office or agency for the purpose of furnishing employers with persons seeking employment at manual labor or in clerical, industrial, commercial or business pursuits, or for the purpose of securing employment for such described persons, or where a fee, commission or other consideration is charged or exacted or received from applicants either for employment or for help, without first obtaining a license for the same from the department of workforce services. The uniform fee for such license in cities of five thousand (5,000) inhabitants and over shall be twenty-five dollars ($25.00) per annum, and in cities containing less than five thousand inhabitants, ten dollars ($10.00) per annum. Every license shall contain a designation of the city, street and number of the building in which such office or agency is conducted, and such license together with a copy of this act shall be posted in a conspicuous place in each and every employment agency.

History. Laws 1919, ch. 59, § 1; C.S. 1920, § 3463; R.S. 1931, § 65-401; C.S. 1945, § 54-401; W.S. 1957, § 27-246; Laws 1990, ch. 63, § 2; 2012, ch. 1, § 1.

Cross references. —

For licensing provisions generally, see chapter 1 of title 33.

The 2012 amendment, effective July 1, 2012, substituted “workforce services” for “employment” at the end of the first sentence.

§ 27-8-102. Termination and cost of license.

All licenses issued after this act [§§ 27-8-101 through 27-8-111 ] takes effect shall terminate on the thirty-first day of December of each year, and shall be paid for at the rate per year established in this act; provided, however, that no license for any fractional part of the year shall be issued for any sum less than one-third of the full annual rate, and that fractional months shall be counted as full months in every case.

History. Laws 1919, ch. 59, § 2; C.S. 1920, § 3464; R.S. 1931, § 65-402; C.S. 1945, § 54-402; W.S. 1957, § 27-247.

§ 27-8-103. Bond of licensee.

The department of workforce services shall require with each application for a license a bond in the sum of five hundred dollars ($500.00) with one (1) or more sureties to be approved by the department, and conditioned that the obligors will not violate any of the duties, terms, conditions, provisions or requirements of this act, or of other laws germane hereto. For any violation of the conditions of said bond, the department is authorized to commence and prosecute an action or actions on said bond or bonds in the name of the state of Wyoming, through the attorney general or other proper prosecuting officer.

History. Laws 1919, ch. 59, § 3; C.S. 1920, § 3465; R.S. 1931, § 65-403; C.S. 1945, § 54-403; W.S. 1957, § 27-248; Laws 1990, ch. 63, § 2; 2012, ch. 1, § 1.

The 2012 amendment, effective July 1, 2012, substituted “workforce services” for “employment.”

§ 27-8-104. Revocation of license; complaint; hearing.

Whenever a written complaint shall be filed with the department of workforce services stating that any party so licensed as aforesaid, shall have violated any of the provisions of this act, the department shall give to said licensee notice of such complaint and appoint a day for a hearing thereon. If after a full and fair hearing, the department finds that the party licensed has violated any of the provisions of this act, the department is authorized to revoke the license theretofore issued to said party.

History. Laws 1919, ch. 59, § 4; C.S. 1920, § 3466; R.S. 1931, § 65-404; C.S. 1945, § 54-404; W.S. 1957, § 27-249; Laws 1990, ch. 63, § 2; 2012, ch. 1, § 1.

The 2012 amendment, effective July 1, 2012, substituted “workforce services” for “employment.”

§ 27-8-105. Licensed agencies to maintain registers.

It shall be the duty of every licensed agency to keep a register in which shall be entered with dates the name and address of every person who shall make application for help or servants, and the name and nature of such employment for which such help shall be wanted. Such register shall, at all reasonable hours be kept open to the inspection and examination of the department of workforce services.

History. Laws 1919, ch. 59, § 5; C.S. 1920, § 3467; R.S. 1931, § 65-405; C.S. 1945, § 54-405; W.S. 1957, § 27-250; Laws 1990, ch. 63, § 2; 2012, ch. 1, § 1.

The 2012 amendment, effective July 1, 2012, substituted “workforce services” for “employment.”

§ 27-8-106. Registration fee.

Where a registration fee is charged for receiving or filing application for employment of help, such fee shall in no case exceed the sum of one dollar ($1.00), unless the salary or wages to be paid shall be more than three dollars ($3.00) per day, in which case a fee of not more than two dollars ($2.00) may be charged. A duplicate receipt shall be given for such fee, (one (1) copy to be kept by the employee and the other by the employer) in which receipt there shall be stated the name and address of the applicant, the date of such application, the amount of the fee, and the nature of the work to be done or the situation to be procured. In the event that the said applicant shall not obtain a situation or employment through such licensed agency, then after the expiration of three (3) days from the time of registration such licensed agency shall repay and return to such applicant, upon demand being made therefor, the full amount of the fee paid or deposited by said applicant to such licensed agency.

History. Laws 1919, ch. 59, § 6; C.S. 1920, § 3468; R.S. 1931, § 65-406; C.S. 1945, § 54-406; W.S. 1957, § 27-251.

§ 27-8-107. Fraudulent notices or advertisements, and false information or promises prohibited.

No licensed agency shall publish or cause to be published any false or fraudulent notice or advertisement, or give any false information or make any false promise concerning or relating to work or employment to anyone who shall apply for employment, and no licensed agency shall make any false entry in the register to be kept as herein provided.

History. Laws 1919, ch. 59, § 7; C.S. 1920, § 3469; R.S. 1931, § 65-407; C.S. 1945, § 54-407; W.S. 1957, § 27-252.

Am. Jur. 2d, ALR and C.J.S. references. —

Liability of employment agency for personal injury or property damage suffered by employer from acts of referred employee, or by employee from acts of referred employer, 41 ALR4th 531.

§ 27-8-108. Duty of department to file complaints of violations; duty to enforce.

It shall be the duty of the department of workforce services, when informed of any violation of this act, to file complaint of such violation with the attorney general or with the district attorney for the county in which such violation is alleged to have occurred and it shall be the duty of the official informed to institute proceedings for the enforcement of the penalties.

History. Laws 1919, ch. 59, § 8; C.S. 1920, § 3470; R.S. 1931, § 65-408; C.S. 1945, § 54-408; W.S. 1957, § 27-253; Laws 1990, ch. 63, § 2; 2012, ch. 1, § 1.

The 2012 amendment, effective July 1, 2012, substituted “workforce services” for “employment.”

§ 27-8-109. Department of workforce services to account.

All money or monies received from fees under this act shall be forthwith accounted for by the department of workforce services and turned over to the state treasurer, taking the state treasurer’s receipt for the same. Such monies shall become a part of the state general fund.

History. Laws 1919, ch. 59, § 10; C.S. 1920, § 3472; R.S. 1931, § 65-410; C.S. 1945, § 54-410; W.S. 1957, § 27-254; Laws 1990, ch. 63, § 2; 2012, ch. 1, § 1.

Cross references. —

For duty of commissioners of department of revenue and taxation to coordinate the collection of licenses and fees, see § 39-11-102 .

The 2012 amendment, effective July 1, 2012, substituted “workforce services” for “employment.”

§ 27-8-110. Free employment bureaus and university placement services excepted.

Free employment bureaus and placement services of the University of Wyoming now or hereafter organized or established in this state, are not subject to this act [§§ 27-8-101 through 27-8-111 ].

History. Laws 1919, ch. 59, § 11; C.S. 1920, § 3473; R.S. 1931, § 65-411; C.S. 1945, § 54-411; W.S. 1957, § 27-255; Laws 1981, ch. 58, § 1.

§ 27-8-111. Penalty.

Any person violating any of the provisions of this act [§§ 27-8-101 through 27-8-111 ] shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00), or by imprisonment in the county jail for a period not exceeding six (6) months, or by both such fine and imprisonment as the court may direct.

History. Laws 1919, ch. 59, § 9; C.S. 1920, § 3471; R.S. 1931, § 65-409; C.S. 1945, § 54-409; W.S. 1957, § 27-256.

§ 27-9-101. Short title.

This article may be known and may be cited as the “Wyoming Fair Employment Practices Act of 1965.”

History. Laws 1965, ch. 170, § 1; W.S. 1957, § 27-257.

Purpose. —

The title to the Fair Employment Practices Act, which reads in part “An act for the establishment of a Wyoming Fair Employment Commission for the investigation and determination of discriminatory and unfair employment practices against persons otherwise qualified because of sex, race, creed, color, national origin or ancestry …,” gives every indication that its purpose is to prevent discriminating practices against females in all employments when they are qualified to hold a position. And where there is a manifest legislative intent that a subsequent general statute shall have universal application, it repeals by implication earlier laws dealing with only a small part of the same subject. Longacre v. State, 448 P.2d 832, 1968 Wyo. LEXIS 221 (Wyo. 1968).

Provisions have no application to appointment of deputy sheriff. Pfister v. Niobrara County, 557 P.2d 735, 1976 Wyo. LEXIS 233 (Wyo. 1976).

Cited in

Hoflund v. Airport Golf Club, 2005 WY 17, 105 P.3d 1079, 2005 Wyo. LEXIS 17 (2005).

Law reviews. —

For article, “Employment Discrimination in Wyoming: A New Legal Frontier,” see XII Land & Water L. Rev. 487 (1977).

Am. Jur. 2d, ALR and C.J.S. references. —

Same-sex sexual harassment under state antidiscrimination laws, 73 ALR5th 1.

Visual impairment as handicap or disability under state employment discrimination law, 77 ALR5th 595.

Individual liability of supervisors, managers, officers or co-employees for discriminatory actions under state 83 ALR5th 1.

Effect of prior state court judgment upon action in Federal District Court for unlawful employment practices under Title VII of the Civil Rights Act of 1964 (42 USC §§ 2000e et seq.), 51 ALR Fed 829.

Who has “participated” in investigation, proceeding, or hearing and is thereby protected from retaliation under § 704(a) of Title VII of Civil Rights Act of 1964 (42 U.S.C. § 2000E-3(a)), 149 ALR Fed 431.

Factors or conditions in employment discrimination cases said to justify decrease in attorney's fees awarded under § 706(k) of Civil Rights Act of 1964 (42 USC § 2000e-5(k)), 151 ALR Fed 77.

Award of compensatory damages under 42 USC § 1981a for violation of Title VII of Civil Rights Act of 1964, 154 ALR Fed 347.

Construction and application of § 102(d) of Americans with Disabilities Act (42 U.S.C. § 12112(d)) pertaining to medical examinations and inquiries, 159 ALR Fed 89.

Propriety of treating separate entities as one for determining number of employees required by Title VII of Civil Rights Act of 1964 (42 U.S.C. § 2000e(b)) for action against “employer,” 160 ALR Fed 441.

What constitutes reverse or majority gender discrimination against males violative of federal constitution or statutes — private employment cases, 162 ALR Fed 273.

Action under Americans with Disabilities Act (42 U.S.C. §§ 12101 et seq.), to remedy alleged harassment or hostile work environment, 162 ALR Fed 603.

Liability of employer, under Title VII of Civil Rights Act of 1964 (42 U.S.C. §§ 2000e et seq.) for sexual harassment of employee by customer, client, or patron, 163 ALR Fed 445.

What constitutes employment discrimination by public entity in violation of Americans with Disabilities Act (ADA), 42 U.S.C. § 12132, 164 ALR Fed 433.

§ 27-9-102. Definitions.

1. “Court” shall mean the district court in and for the judicial district of the state of Wyoming in which the asserted unfair employment practice occurred, or, if said court be not in session at that time, then any judge of said court.
2. “Employer” shall mean the state of Wyoming or any political subdivision or board, commission, department, institution or school district thereof, and every other person employing two (2) or more employees within the state; but it does not mean religious organizations or associations.
3. “Unfair employment practice” shall mean those practices specified as discriminatory or unfair in W.S. 27-9-105 .
4. As used in W.S. 27-9-101 through 27-9-106 , “department” means the department of workforce services and the term “director” means the director of the department or his designee who is authorized to administer W.S. 27-9-101 through 27-9-106 .

History. Laws 1965, ch. 170, § 2; W.S. 1957, § 27-258; Laws 1990, ch. 63, § 2; 2001, ch. 162, § 1; 2002 Sp. Sess., ch. 45, § 1; 2012, ch. 1, § 1.

The 2012 amendment, effective July 1, 2012, substituted “workforce services” for “employment” in (d).

Cited in

Hoflund v. Airport Golf Club, 2005 WY 17, 105 P.3d 1079, 2005 Wyo. LEXIS 17 (2005).

Am. Jur. 2d, ALR and C.J.S. references. —

Sex discrimination in law enforcement and corrections employment, 53 ALR Fed 31.

Validity, construction and application of provisions of § 702 of Civil Rights Act of 1964 (42 USC § 2000e-1) exempting activities of religious organizations from operation of title VII equal employment opportunity provisions, 67 ALR Fed 874.

Meaning of term “employer” as defined in § 701(b) of Title VII of Civil Rights Act of 1964, as amended (42 USC § 2000e(b)), 69 ALR Fed 191.

Who is “employee” within meaning of Age Discrimination in Employment Act (29 USC §§ 621-634), 69 ALR Fed 700.

Who is “employee,” as defined in § 701(f) of the Civil Rights Act of 1964, 42 USC § 2000e(f), 72 ALR Fed 522.

Who, other than specifically excluded persons, is “employee” under § 4(a)(1) of Age Discrimination in Employment Act of 1967 (29 USC § 623(a)(1)), 125 ALR Fed 273.

Who is “employer” within meaning of Age Discrimination in Employment Act of 1967 (29 USC § 621 et seq.), 137 ALR Fed 551.

Propriety of treating separate entities as one for determining number of employees required by Title VII of Civil Rights Act of 1964 (42 U.S.C. § 2000e(b)) for action against “employer,” 160 ALR Fed 441.

§ 27-9-103. [Repealed.]

Repealed by Laws 1990, ch. 63, § 3.

Cross references. —

As to department of employment being the successor agency to the Wyoming fair employment commission, see § 27-9-102(d).

Editor's notes. —

This section, which derived from Laws, 1965, ch. 170, § 3, related to the creation of the fair employment commission.

§ 27-9-104. Powers and duties of department of employment.

1. The department shall have the following powers and duties:
   1. To call upon any state agency, institution, or employee, for advice, counsel, and assistance in the enforcement of this article;
   2. To adopt, publish, amend, and rescind regulations consistent with and for the enforcement of this article;
   3. To receive, investigate, and determine the validity of complaints alleging discrimination in employment or the existence of a discriminatory or unfair employment practice;
   4. Repealed by Laws 2001, ch. 162, § 2.
   5. For the purposes of all investigations the department shall have the power to issue subpoenas requiring the attendance and testimony of witnesses and the production of any books, papers, documents or records which the department deems relevant or material to the inquiry;
   6. In case of disobedience to a subpoena the department may invoke the aid of any district court in the state in requiring the attendance and testimony of witnesses and the production of documentary evidence. Any failure to obey the order of the court may be punished by the court as a contempt of court;
   7. To enter into agreements, exchange information and otherwise assist the equal employment opportunity commission, and to accept from the equal employment opportunity commission reimbursement for services rendered.
2. The department shall contract with an independent hearing officer to conduct any hearing under W.S. 27-9-101 through 27-9-106 .

History. Laws 1965, ch. 170, § 4; W.S. 1957, § 27-260; Laws 1990, ch. 63, § 2; 2001, ch. 162, §§ 1, 2; 2002 Sp. Sess., ch. 45, § 1; 2003, ch. 186, § 1.

Cross references. —

As to a subpoena duces tecum, see Rules 30(b) and 34, W.R.C.P.

As to subpoenas for the attendance of witnesses or for the production of documentary evidence, see Rule 45, W.R.C.P.

Applied in

Pfister v. Niobrara County, 557 P.2d 735, 1976 Wyo. LEXIS 233 (Wyo. 1976).

Cited in

World Mart, Inc. v. Ditsch, 855 P.2d 1228, 1993 Wyo. LEXIS 107 (Wyo. 1993); Hoflund v. Airport Golf Club, 2005 WY 17, 105 P.3d 1079, 2005 Wyo. LEXIS 17 (2005).

§ 27-9-105. Discriminatory and unfair employment practices enumerated; limitations.

1. It is a discriminatory or unfair employment practice:
   1. For an employer to refuse to hire, to discharge, to promote or demote, or to discriminate in matters of compensation or the terms, conditions or privileges of employment against, a qualified disabled person or any person otherwise qualified, because of age, sex, race, creed, color, national origin, ancestry or pregnancy;
   2. For a person, an employment agency, a labor organization, or its employees or members, to discriminate in matters of employment or membership against any person, otherwise qualified, because of age, sex, race, creed, color, national origin, ancestry or pregnancy, or a qualified disabled person;
   3. For an employer to reduce the wage of any employee to comply with this chapter;
   4. For an employer to require as a condition of employment that any employee or prospective employee use or refrain from using tobacco products outside the course of his employment, or otherwise to discriminate against any person in matters of compensation or the terms, conditions or privileges of employment on the basis of use or nonuse of tobacco products outside the course of his employment unless it is a bona fide occupational qualification that a person not use tobacco products outside the workplace. Nothing within this paragraph shall prohibit an employer from offering, imposing or having in effect a health, disability or life insurance policy distinguishing between employees for type or price of coverage based upon the use or nonuse of tobacco products if:
      1. Differential rates assessed employees reflect an actual differential cost to the employer; and
      2. Employers provide written notice to employees setting forth the differential rates imposed by insurance carriers.
2. The prohibitions against discrimination based on age in this section apply only to persons at least forty (40) years of age.
3. It is not a discriminatory practice for an employer, employment agency or labor organization to observe the terms of a bona fide seniority system or any bona fide employee benefit plan such as a retirement, pension or insurance plan, which is not a subterfuge to evade the purposes of this chapter, except that no employee benefit plan shall excuse the failure to hire any individual, and no seniority system or employee benefit plan shall require or permit involuntary retirement of any individual protected under this chapter because of age. Involuntary retirement is not prohibited if permitted under Title 29, United States Code § 631(c).
4. As used in this section “qualified disabled person” means a disabled person who is capable of performing a particular job, or who would be capable of performing a particular job with reasonable accommodation to his disability.

History. Laws 1965, ch. 170, § 5; W.S. 1957, § 27-261; Laws 1984, ch. 7, § 1; 1985, ch. 5, § 1; 1992, ch. 81, § 1; 2001, ch. 162, § 1; 2003, ch. 188, § 1; 2007, ch. 175, § 1.

Source. —

Subsection (a)(iv), inserted in 1992, is based on a Rhode Island statute.

The 2007 amendment, effective July 1, 2007, substituted “ancestry or pregnancy” for “or ancestry” in (a)(i) and (ii).

Provisions plain and unambiguous, containing no exceptions.—

The Fair Employment Practices Act is plain and unambiguous. It contains no exceptions. It clearly makes it unlawful for an employer to: (1) refuse to hire any person otherwise qualified because of sex; (2) discharge any person otherwise qualified because of sex; (3) promote or demote any person otherwise qualified because of sex; or (4) discriminate in matters of compensation against any person otherwise qualified because of sex. Longacre v. State, 448 P.2d 832, 1968 Wyo. LEXIS 221 (Wyo. 1968).

Provisions have no application to appointment of deputy sheriff. Pfister v. Niobrara County, 557 P.2d 735, 1976 Wyo. LEXIS 233 (Wyo. 1976).

Commission has no independent judgment as to qualifications.—

While neither the supreme court nor the district court, in examining the action of the Wyoming fair employment commission, should make an independent judgment on the facts presented to the commission, similarly the commission was not empowered to exercise an independent judgment as to the merits and qualifications of the applicants for a teaching position with a county school district. Shenefield v. Sheridan County Sch. Dist., 544 P.2d 870, 1976 Wyo. LEXIS 160 (Wyo. 1976).

Discretionary power of school board as to qualifications. —

The Wyoming fair employment commission had before it no substantial evidence indicating discrimination against complainant because of her sex and the decision made by the school board to hire the male teacher was within its discretionary power to determine the qualifications of prospective teachers in light of its own special problems. Shenefield v. Sheridan County Sch. Dist., 544 P.2d 870, 1976 Wyo. LEXIS 160 (Wyo. 1976).

Selection of one more able to assist in conduct of school's athletic programs cannot be considered sex discrimination. Shenefield v. Sheridan County Sch. Dist., 544 P.2d 870, 1976 Wyo. LEXIS 160 (Wyo. 1976).

Nor is selection of less qualified and less costly teacher.—

If it turns out that for reasons of economy one applicant for a teaching position can fulfill the needs of the district at a cost substantially less than another applicant, even though the rejected applicant may on paper possess the greater qualifications, a selection of the less expensive teacher cannot be said by any board or court to have been the result of discrimination on the basis of sex. Shenefield v. Sheridan County Sch. Dist., 544 P.2d 870, 1976 Wyo. LEXIS 160 (Wyo. 1976).

Sexual harassment suit unsuccessful. —

Plaintiff's public policy tort claim under this section for constructive discharge from municipal police office for sexual harassment was properly dismissed because plaintiff's emotional injuries were otherwise compensated under Wyoming's worker's compensation laws, and a separate legal remedy was available under Title VII of the Civil Rights Act of 1964 (42 USCS § 2000e-2(a)(1). Ball v. City of Cheyenne, 845 F. Supp. 803, 1993 U.S. Dist. LEXIS 19315 (D. Wyo. 1993).

Decision res judicata. —

The decision of the employment security commission that an employee was not discriminated against on account of her religious practices is a bar to relitigation of that issue before the fair employment commission under the doctrine of res judicata. Salt Creek Freightways v. Wyoming Fair Employment Practices Comm'n, 598 P.2d 435, 1979 Wyo. LEXIS 439 (Wyo. 1979).

Summary judgment. —

Hearing officer properly granted the employer summary judgment in the 59-year-old employee's age discrimination action arising out of his termination, where evidence failed to counter a supervisor's assertions that at times the employee could not be found at work when he was scheduled to be there and did not change his behavior after being specifically instructed to do so. The employee failed to show that the employer's reason for terminating him was pretextual because, other than the employee's assertion that the supervisor made a discriminatory statement early on in the supervisor's tenure, the employee provided no details about the context or timing of the supervisor's ageist comments, and none of the employee's submissions indicated that the supervisor's remarks were made in connection with his discharge. Rollins v. Wyo. Tribune-Eagle, 2007 WY 28, 152 P.3d 367, 2007 Wyo. LEXIS 31 (Wyo. 2007).

Claim preclusion. —

Plaintiff former employee's suit against defendant former employer for constructive discharge based on gender discrimination and retaliation under 42 USCS § 2000e-2 and this section, was barred, under the doctrine of claim preclusion, by the former employee's prior suit for equal pay under the Equal Pay Act of the Fair Labor Standards Act, 29 USCS § 206(d) and 42 USCS 1983, as the second suit arose from the same employment relationship and constituted the same transaction or series of transactions for claim preclusion purposes. Wilkes v. Wyo. Dep't of Empl. Div. of Labor Stds., 314 F.3d 501, 2002 U.S. App. LEXIS 27263 (10th Cir. Wyo. 2002), cert. denied, 540 U.S. 826, 124 S. Ct. 181, 157 L. Ed. 2d 48, 2003 U.S. LEXIS 6099 (U.S. 2003).

Cited in

Martinez v. State, 218 F.3d 1133, 2000 U.S. App. LEXIS 17319 (10th Cir. 2000); Hoflund v. Airport Golf Club, 2005 WY 17, 105 P.3d 1079, 2005 Wyo. LEXIS 17 (2005); Apodaca v. Safeway, Inc., 2015 WY 51, 2015 Wyo. LEXIS 57 (Mar. 31, 2015).

Law reviews. —

For article, “The Americans with Disabilities Act: An Introduction for Lawyers and Judges,” see XXIX Land & Water L. Rev. 175 (1994).

Am. Jur. 2d, ALR and C.J.S. references. —

What businesses or establishments falling within state civil rights statute provisions prohibiting discrimination, 87 ALR2d 120.

Recovery of damages for emotional distress resulting from discrimination because of sex or marital status, 61 ALR3d 944.

Recovery of damages as remedy for wrongful discrimination under state or local civil rights provisions, 85 ALR3d 351.

Application of state law to sex discrimination in employment, 87 ALR3d 93.

What constitutes unfair labor practice under state public employee relations acts, 9 ALR4th 20.

Modern status of rule that employer may discharge at will employee for any reason, 12 ALR4th 544, 32 ALR4th 1221, 33 ALR4th 120.

On-the-job sexual harassment as violation of state civil rights law, 18 ALR4th 328.

What constitutes employment discrimination on basis of “marital status” for purposes of state civil rights laws, 44 ALR4th 1044.

Discipline or discharge for sexual conduct as violative of state fair employment laws, 47 ALR4th 863.

Handicap as job disqualification under state legislation forbidding job discrimination on account of handicap, 78 ALR4th 265.

What constitutes handicap under state legislation forbidding job discrimination on account of handicap, 82 ALR4th 26.

Effectiveness of employer's disclaimer of representations in personnel manual or employee handbook altering at-will employment relationship, 17 ALR5th 1.

Judicial construction and application of state legislation prohibiting religious discrimination in employment, 37 ALR5th 349.

Application of state law to age discrimination in employment, 51 ALR5th 1.

Workers' compensation as precluding employee's suit against employer for sexual harassment in the workplace, 51 ALR5th 163.

Visual impairment as handicap or disability under state employment discrimination law, 77 ALR5th 595.

Availability and scope of punitive damages under state employment discrimination law, 81 ALR5th 367.

Validity, construction, and application of state enactment, order, or regulation expressly prohibiting sexual orientation discrimination, 82 ALR5th 1.

Individual liability of supervisors, managers, officers or co-employees for discriminatory actions under state Civil Rights Act, 83 ALR5th 1.

When is supervisor's or coemployee's hostile environment sexual harassment imputable to employer under state law, 94 ALR5th 1.

Discrimination against pregnant employee as violation of state fair employment laws, 99 ALR5th 1.

What constitutes substantial limitation on major life activity of working for purposes of state civil rights acts, 102 ALR5th 1.

Necessity of, and what constitutes, employer's reasonable accommodation of employee's religious preference under state law, 107 ALR5th 623.

Liability of Employer, Supervisor, or Manager for Intentionally or Recklessly Causing Employee Emotional Distress - Ethnic, Racial, or Religious Harassment or Discrimination. 19 A.L.R.6th 1.

Liability of Employer, Supervisor, or Manager for Intentionally or Recklessly Causing Employee Emotional Distress - Sexual Harassment, Sexual Discrimination, or Accusations Concerning Sexual Conduct or Orientation. 20 A.L.R.6th 1.

Sex discrimination in law enforcement and corrections employment, 53 ALR Fed 31.

Effect of broadcaster's employment practices on renewal of broadcaster's radio license, 56 ALR Fed 49.

Proving that discharge was because of age for purposes of Age Discrimination in Employment Act (29 USC § 621 et seq.), 58 ALR Fed 94.

Liability under title VII of Civil Rights Act of 1964 (42 USC §§ 2000e et seq.) of employer, as successor employer, for discriminatory employment practices of predecessor, 67 ALR Fed 806.

Disparate impact test for sex discrimination in employment under title VII of Civil Rights Act of 1964 (42 USC §§ 2000e et seq.), 68 ALR Fed 19.

Meaning of term “employer” as defined in § 701(b) of Title VII of Civil Rights Act of 1964, as amended (42 USC § 2000e(b)), 69 ALR Fed 191.

Who is “employee” within meaning of Age Discrimination in Employment Act (29 USC §§ 621-634), 69 ALR Fed 700.

“Bona fide employee benefit plan” exception to general prohibition of age discrimination in employment (29 USC § 623(f)(2)), 70 ALR Fed 110.

Pre-emption of state fair employment laws under provisions of § 514 of Employee Retirement Income Security Act (29 USC § 1144), 72 ALR Fed 489.

Who is “employee,” as defined in § 701(f) of the Civil Rights Act of 1964, 42 USC § 2000e(f), 72 ALR Fed 522.

Discoverability and admissibility of plaintiff's past sexual behavior in Title VII sexual harassment action, 73 ALR Fed 748.

When is work environment intimidating, hostile or offensive, so as to constitute sexual harassment in violation of title VII of Civil Rights Act of 1964, as amended (42 USC §§ 2000e et seq.), 78 ALR Fed 252.

Actions under Age Discrimination in Employment Act (29 USC §§ 621-634) challenging hiring or retirement practices in law enforcement employment, 79 ALR Fed 373.

Actionability, under federal and state antidiscrimination legislation, of foreign employer's discriminating in favor of foreign workers in hiring and other employment matters, 84 ALR Fed 114.

Circumstances which warrant finding of constructive discharge in cases under Age Discrimination in Employment Act (29 USC § 621 et seq.), 93 ALR Fed 10.

Who is “individual with handicaps” under Rehabilitation Act of 1973 (29 USC § 701 et seq.), 97 ALR Fed 40.

What statute of limitations applies in actions under § 504 of Rehabilitation Act of 1973 (29 USC § 794), 120 ALR Fed 621.

What constitutes reasonable accommodation of otherwise qualified employee or applicant who is disabled by drug or alcohol addiction, 122 ALR Fed 111.

Sex discrimination in job assignment or transfer as violation of Title VII of Civil Rights Act of 1964 (42 USC § 2000e et seq.), 123 ALR Fed 1.

When must specialized equipment or other workplace modifications be provided to qualified disabled employee or applicant as reasonable accommodation, 125 ALR Fed 629.

Employee's retention of benefits received in consideration of promise not to enforce claims under Age Discrimination in Employment Act as ratification of otherwise invalid or voidable waiver under § 7(f)(1) of act (29 USC § 626(f)(1)), 128 ALR Fed 577.

Increase, or promise of increase, or withholding of increase, of wages as unfair labor practice under National Labor Relations Act, 137 ALR Fed 333.

“Mass discharge” of employees as evidence of unfair labor practice under §§ 9(a)(1) and (3) of National Labor Relations Act (29 USC § 158(a)(1), (3)), 137 ALR Fed 445.

Who is “employer” within meaning of Age Discrimination in Employment Act of 1967 (29 USC § 621 et seq.), 137 ALR Fed 551.

Factors or conditions in employment discrimination cases said to justify increase in attorney's fees awarded under § 706(k) of Civil Rights Act of 1964 (42 USC § 2000e-5(k), 140 ALR Fed 301.

What constitutes substantial limitation on major life activity of working for purposes of Americans with Disabilities Act (42 USC §§ 12101-12213), 141 ALR Fed 603.

When does job restructuring constitute reasonable accommodation of qualified disabled employee or applicant?, 142 ALR Fed 311.

Conduct of plaintiff as defense in action for employment discrimination based on sexual harassment under federal civil rights statutes, 145 ALR Fed 459.

What constitutes religious harassment in employment in violation of Title VII of Civil Rights Act of 1964 (42 U.S.C. §§ 2000e et seq.), 149 ALR Fed 405.

Punitive damages in actions for violations of Title VII of the Civil Rights Act of 1964 (42 U.S.C.A. § 1981a; 42 U.S.C. §§ 2000e et seq.), 150 ALR Fed 601.

Factors or conditions in employment discrimination cases said to justify decrease in attorney's fees awarded under § 706(k) of Civil Rights Act of 1964 (42 USC § 2000e-5(k)), 151 ALR Fed 77.

What constitutes reverse or majority gender discrimination against males violative of federal constitution or statutes — public employment cases, 153 ALR Fed 609.

Award of compensatory damages under 42 USC § 1981a for violation of Title VII of Civil Rights Act of 1964, 154 ALR Fed 347.

What constitutes direct evidence of age discrimination in action under age discrimination in employment act (29 U.S.C. §§ 621 et seq.) — Post-Price Waterhouse cases 155 ALR Fed 283.

What constitutes racial harassment in employment violative of Title VII of Civil Rights Act of 1964 (42 U.S.C. §§ 2000e et seq.), 156 ALR Fed 1.

When is supervisor's hostile environment sexual harassment under Title VII of Civil Rights Act of 1964 (42 U.S.C. §§ 2000e et seq.) imputable to employer, 157 ALR Fed 1.

Construction and application of § 102(d) of Americans with Disabilities Act (42 U.S.C. § 12112(d)) pertaining to medical examinations and inquiries, 159 ALR Fed 89.

What constitutes reverse or majority gender discrimination against males violative of federal constitution or statutes — private employment cases, 162 ALR Fed 273.

Action under Americans with Disabilities Act (42 U.S.C. §§ 12101 et seq.), to remedy alleged harassment or hostile work environment, 162 ALR Fed 603.

Liability of employer, under Title VII of Civil Rights Act of 1964 (42 U.S.C. §§ 2000e et seq.) for sexual harassment of employee by customer, client, or patron, 163 ALR Fed 445.

What constitutes “willful violation” under age discrimination in employment act (29 U.S.C. §§ 626 et seq.) entitling victim to liquidated damages, 165 ALR Fed 1.

Can “at-will” employee bring action for racial discrimination under 42 U.S.C. § 1981, 165 ALR Fed 143.

Preemption of state law wrongful discharge claim, not arising from whistleblowing, by § 541(a) of Employee Retirement Income Security Act of 1974 (29 U.S.C. § 1144(a)), 176 ALR Fed 433.

“Bona fide employee benefit plan” exception to general prohibition of Age Discrimination in Employment Act (29 U.S.C.A. § 623(f)(2)(B)) as applied to plans other than early retirement incentive plans, 184 ALR Fed 1.

Disparate impact claims under Age Discrimination Act of 1967, §§ 2 et seq., 29 U.S.C.A. §§ 621 et seq., 186 ALR Fed 1.

Library References.

Larson's Workers' Compensation Law § 52.06 (Matthew Bender).

§ 27-9-106. Filing of complaint; determination; appeal for hearing.

1. Any person claiming to be aggrieved by a discriminatory or unfair employment practice may, personally or through his attorney, make, sign and file with the department within six (6) months of the alleged violation a verified, written complaint in duplicate which shall state the name and address of the person, employer, employment agency or labor organization alleged to have committed the discriminatory or unfair employment practice, and which shall set forth the particulars of the claim and contain other information as shall be required by the department. The department shall investigate to determine the validity of the charges and issue a determination thereupon.
2. through (j) Repealed by Laws 2001, ch. 162, § 2.
3. If the employer, employment agency, labor organization or employee is aggrieved by the department’s determination, the aggrieved party may request a fair hearing. The fair hearing shall be conducted pursuant to the Wyoming Administrative Procedure Act.
4. The department shall issue an order within fourteen (14) days of the decision being rendered, requiring the employer, employment agency or labor organization to comply with the hearing officer’s decision. If the employer, employment agency or labor organization does not timely appeal or comply with the order within thirty (30) days, the department may petition the appropriate district court for enforcement of the order.
5. Where the hearing officer determines that the employer, employment agency or labor organization has engaged in any discriminatory or unfair employment practice as defined in this chapter, the hearing officer’s decision may:
   1. Require the employer, employment agency or labor organization to cease and desist from the discriminatory or unfair practice;
   2. Require remedial action which may include hiring, retaining, reinstating or upgrading of employees, referring of applications for employment by a respondent employment agency or the restoration to membership by a respondent labor organization;
   3. Require the posting of notices, the making of reports as to the manner of compliance and any other relief that the hearing officer deems necessary and appropriate to make the complainant whole; or
   4. Require the employer, employment agency or labor organization to pay backpay or front pay.

History. Laws 1965, ch. 170, § 6; W.S. 1957, § 27-262; Laws 1979, ch. 137, § 1; 2001, ch. 162, §§ 1, 2; 2003, ch. 186, § 1; 2005, ch. 95, § 1.

The 2005 amendment, effective July 1, 2005, substituted “six (6) months” for “ninety (90) days” in (a).

Editor's notes. —

There is no subsection (i) or (l) in this section as it appears in the printed acts.

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Administrative procedures must be followed. —

Because discrimination based on “sex” or “gender” under the Wyoming Fair Employment Practices Act (FEPA), Wyo. Stat. Ann. § 27-9-101 et seq., includes sexual harassment, the employee was required to follow administrative procedures provided in the FEPA and exhaust her administrative remedies rather than pursue a tort action for retaliatory discharge in violation of public policy. Hoflund v. Airport Golf Club, 2005 WY 17, 105 P.3d 1079, 2005 Wyo. LEXIS 17 (Wyo. 2005).

Cited in

Apodaca v. Safeway, Inc., 2015 WY 51, 2015 Wyo. LEXIS 57 (Mar. 31, 2015).

Applied in

World Mart, Inc. v. Ditsch, 855 P.2d 1228, 1993 Wyo. LEXIS 107 (Wyo. 1993).

Stated in

Shenefield v. Sheridan County Sch. Dist., 544 P.2d 870, 1976 Wyo. LEXIS 160 (Wyo. 1976).

Am. Jur. 2d, ALR and C.J.S. references. —

Damages recoverable for wrongful discharge of at-will employee, 44 ALR4th 1131.

Damages and other relief under state legislation forbidding job discrimination on account of handicap, 78 ALR4th 435.

Availability and scope of punitive damages under state employment discrimination law, 81 ALR5th 367.

Effect of prior state court judgment upon action in Federal District Court for unlawful employment practices under Title VII of the Civil Rights Act of 1964 (42 USC §§ 2000e et seq.), 51 ALR Fed 829.

When will federal government employee be excused from 30-day limitation period, established by equal employment opportunity commission regulation (29 CFR § 1613.214-(a)(1)(i)), for bringing matters relating to employment discrimination to attention of equal employment opportunity counselor, 57 ALR Fed 116.

Effect on employment discrimination action of failure of equal employment opportunity commission to timely serve defendant with notice of charges as required by § 706(b) and (e) of Civil Rights Act of 1964 (42 USC § 2000e-5(b) and (e)), 57 ALR Fed 565.

Apportionment among defendants of monetary awards to plaintiffs in suit under title VII of the Civil Rights Act of 1964 (42 USC § 2000e et seq.), 58 ALR Fed 363.

Backpay as recoverable in action for refusal to hire in violation of 42 USC § 1983, 58 ALR Fed 667.

Sufficiency of notice to equal employment opportunity commission charging violation of Age Discrimination in Employment Act (29 USC §§ 621 et seq.), 72 ALR Fed 10.

Typicality requirement of Rule 23(a)(3) of Federal Rules of Civil Procedure as to class representative in class action based on unlawful discrimination, 74 ALR Fed 42.

Award of “front pay” under § 7 of Age Discrimination in Employment Act of 1967 (29 USC § 626), 74 ALR Fed 745.

What constitutes impairment of proposed intervenor's interest to support intervention as matter of right under Rule 24(a)(2) of Federal Rules of Civil Procedure in employment discrimination actions, 74 ALR Fed 895.

Right of complainant, under 42 USC § 2000e-5(f)(1), to appointment of attorney in employment discrimination action, 75 ALR Fed 369.

Damages for mental distress as recoverable in action against employer under § 301 of Labor Management Relations Act (29 USC § 185) or under § 502 of Employee Retirement Income Security Act (29 USC § 1132), 77 ALR Fed 181.

Allowance of interest on award of attorney's fee under § 706(k) of Civil Rights Act of 1964 (42 USC § 2000e-5(k)), 77 ALR Fed 272.

Action under title VII of 1964 Civil Rights Act (42 USC §§ 2000e et seq.) as precluding action under 42 USC § 1983 for employment discrimination by state or local government, 78 ALR Fed 492.

Reinstatement as remedy for discriminatory discharge or demotion under Age Discrimination in Employment Act (29 USC §§ 621 et seq.), 78 ALR Fed 575.

Preemption of state-law wrongful discharge claim, not arising from whistleblowing, by § 301(a) of Labor-Management Act of 1947 (29 U.S.C.A. § 185(a)), 184 ALR Fed 241.

§§ 27-9-107 and 27-9-108. [Repealed.]

Repealed by Laws 2001, ch. 162, § 2.

Editor's notes. —

These sections, which derived from Laws 1965, ch. 170, §§ 7 and 8, related to judicial review and enforcement of the commission's decisions and appeal from a district court's decision to the supreme court.

§ 27-10-101. Definitions.

1. As used in this act [§§ 27-10-101 through 27-10-109 ] the following terms shall, unless the context requires a different interpretation, have the following meanings:
   1. The term “fire fighters” shall mean the paid members of any regularly constituted fire department in any city, town or county within the state;
   2. The term “corporate authorities” shall mean the council, commission or other proper officials of any city, town or county, whose duty or duties it is to establish wages, salaries, rates of pay, working conditions, and other conditions of employment of fire fighters.

History. Laws 1965, ch. 197, § 1; W.S. 1957, § 27-265.

Cross references. —

As to cities and towns generally, see title 15.

As to counties generally, see title 18.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Provisions are constitutional. State ex rel. Fire Fighters Local 946 v. Laramie, 437 P.2d 295, 1968 Wyo. LEXIS 157 (Wyo. 1968).

Term “corporate authorities,” as used in this chapter, means those municipal officers who are either directly elected by the inhabitants of the municipality or are appointed in some mode to which they (the inhabitants) have given their consent. Nation v. State, 518 P.2d 931, 1974 Wyo. LEXIS 184 (Wyo. 1974).

The term “corporate authorities,” as used in this section and § 27-10-104 , does not include persons appointed by the mayor, when such persons have not been elected and have not been appointed pursuant to a statute authorizing the appointment. Nation v. State, 518 P.2d 931, 1974 Wyo. LEXIS 184 (Wyo. 1974).

“Fire fighters.”—

Unions were not properly constituted bargaining units under the Wyoming Collective Bargaining for Fire Fighters Act because (1) volunteer and pool firefighters did not participate in choosing the unions, (2) volunteer and pool firefighters were paid members of their respective departments statutorily entitled to collectively bargain, (3) statutory “context” language in the definition of fire fighters was construed narrowly and not as an improper invitation for courts to define who may unionize, and (4) the legislature intended a collective bargaining agent to represent all department members, including volunteer and pool fire fighters. Int'l Ass'n of Fire Fighters Local Union No. 5058 v. Gillette/Wright/Campbell Cty. Fire Prot. Joint Powers Bd., 2018 WY 75, 421 P.3d 1059, 2018 Wyo. LEXIS 79 (Wyo. 2018).

Term “corporate authorities.” —

City's mayor and/or single council member could not negotiate with a firefighters' union because the mayor and/or single council member were not “corporate authorities,” with wage setting authority, so city council was required to negotiate with the union. Int'l Ass'n of Firefighters Local Union No. 279 v. City of Cheyenne, 2013 WY 157, 316 P.3d 1162, 2013 Wyo. LEXIS 163 (Wyo. 2013).

City cannot challenge legality of provisions. —

A city, as a creature of the legislature, may question the interpretation of this chapter, but it cannot challenge its legality. The appropriate remedy is the presentation of its grievance to the forum that is responsible for it. If the policy is wrong, the legislature will no doubt correct it. State ex rel. Fire Fighters Local v. Kingham, 420 P.2d 254, 1966 Wyo. LEXIS 179 (Wyo. 1966).

Cited in

Retail Clerks Local 187 v. University of Wyo., 531 P.2d 884, 1975 Wyo. LEXIS 129 (Wyo. 1975); Casper v. International Ass'n of Firefighters, Local 904, 713 P.2d 1187, 1986 Wyo. LEXIS 474 (Wyo. 1986).

Law reviews. —

For comment, “The Right of Wyoming State and Municipal Employees to Organize, Receive Exclusive Recognition, and Bargain Collectively,” see V Land & Water L. Rev. 605 (1970).

§ 27-10-102. Right to collective bargaining and representation by bargaining agent.

The fire fighters in any city, town or county shall have the right to bargain collectively with their respective cities, towns or counties and to be represented by a bargaining agent in such collective bargaining as to wages, rates of pay, working conditions and all other terms and conditions of employment.

History. Laws 1965, ch. 197, § 2; W.S. 1957, § 27-266.

“Fire fighters.”—

Unions were not properly constituted bargaining units under the Wyoming Collective Bargaining for Fire Fighters Act because (1) volunteer and pool firefighters did not participate in choosing the unions, (2) volunteer and pool firefighters were paid members of their respective departments statutorily entitled to collectively bargain, (3) statutory “context” language in the definition of fire fighters was construed narrowly and not as an improper invitation for courts to define who may unionize, and (4) the legislature intended a collective bargaining agent to represent all department members, including volunteer and pool fire fighters. Int'l Ass'n of Fire Fighters Local Union No. 5058 v. Gillette/Wright/Campbell Cty. Fire Prot. Joint Powers Bd., 2018 WY 75, 421 P.3d 1059, 2018 Wyo. LEXIS 79 (Wyo. 2018).

Quoted in

Casper v. International Ass'n of Firefighters, Local 904, 713 P.2d 1187, 1986 Wyo. LEXIS 474 (Wyo. 1986).

Am. Jur. 2d, ALR and C.J.S. references. —

Who are employees forbidden to strike under state enactments or state common-law rules prohibiting strikes by public employees or stated classes of public employees, 22 ALR4th 1103.

First amendment protection for publicly employed firefighters subjected to discharge, transfer or discipline because of speech, 106 ALR Fed 396.

§ 27-10-103. Selection of exclusive bargaining agent by majority; withdrawal of agent by majority.

The organization selected by the majority of the fire fighters in any city, town or county shall be recognized as the sole and exclusive bargaining agent for all of the members of the department, unless and until recognition of such bargaining agent is withdrawn by vote of a majority of the fire fighters.

History. Laws 1965, ch. 197, § 3; W.S. 1957, § 27-267.

Quoted in

Casper v. International Ass'n of Firefighters, Local 904, 713 P.2d 1187, 1986 Wyo. LEXIS 474 (Wyo. 1986).

"Fire fighters."

Unions were not properly constituted bargaining units under the Wyoming Collective Bargaining for Fire Fighters Act because (1) volunteer and pool firefighters did not participate in choosing the unions, (2) volunteer and pool firefighters were paid members of their respective departments statutorily entitled to collectively bargain, (3) statutory “context” language in the definition of fire fighters was construed narrowly and not as an improper invitation for courts to define who may unionize, and (4) the legislature intended a collective bargaining agent to represent all department members, including volunteer and pool fire fighters. Int'l Ass'n of Fire Fighters Local Union No. 5058 v. Gillette/Wright/Campbell Cty. Fire Prot. Joint Powers Bd., 2018 WY 75, 421 P.3d 1059, 2018 Wyo. LEXIS 79 (Wyo. 2018).

§ 27-10-104. Obligation of city, town or county to meet with agent after written notice; written contract of agreement.

It shall be the obligation of the city, town or county, through its corporate authorities, to meet and confer in good faith with the representative or representatives of the bargaining agent within ten (10) days after receipt of written notice from said bargaining agent of the request for a meeting for collective bargaining purposes. This obligation shall include the duty to cause any agreement resulting from negotiations to be reduced to a written contract, provided that no such contract shall exceed the term of two (2) years.

History. Laws 1965, ch. 197, § 4; W.S. 1957, § 27-268; Laws 2001, ch. 120, § 1.

Term “corporate authorities.” —

City's mayor and/or single council member could not negotiate with a firefighters' union because the mayor and/or single council member were not “corporate authorities,” with wage setting authority, so city council was required to negotiate with the union. Int'l Ass'n of Firefighters Local Union No. 279 v. City of Cheyenne, 2013 WY 157, 316 P.3d 1162, 2013 Wyo. LEXIS 163 (Wyo. 2013).

No party can enforce agreement where negotiations were not conducted by “corporate authorities.” The legislature has mandated that negotiations with representatives of the bargaining agent of the city's fire fighters be by the “corporate authorities” of the city, town or county; i.e., by the mayor, city manager, or members of the council of a city or town, and by the county commissioners of a county. Casper v. International Ass'n of Firefighters, Local 904, 713 P.2d 1187, 1986 Wyo. LEXIS 474 (Wyo. 1986).

Term “corporate authorities,” as used in this chapter, means those municipal officers who are either directly elected by the inhabitants of the municipality or are appointed in some mode to which they (the inhabitants) have given their consent. Nation v. State, 518 P.2d 931, 1974 Wyo. LEXIS 184 (Wyo. 1974).

The term “corporate authorities,” as used in § 27-10-101 and this section, does not include persons appointed by the mayor, when such persons have not been elected and have not been appointed pursuant to a statute authorizing the appointment. Nation v. State, 518 P.2d 931, 1974 Wyo. LEXIS 184 (Wyo. 1974).

§ 27-10-105. When issues to be submitted to arbitration.

In the event that the bargaining agent and the corporate authorities are unable, within thirty (30) days from and including the date of their first meeting, to reach an agreement on a contract, any and all unresolved issues shall be submitted to arbitration.

History. Laws 1965, ch. 197, § 5; W.S. 1957, § 27-269.

Quoted in

Casper v. International Ass'n of Firefighters, Local 904, 713 P.2d 1187, 1986 Wyo. LEXIS 474 (Wyo. 1986).

§ 27-10-106. Selection of arbitrators.

Within five (5) days from the expiration of the thirty (30) day period referred to in W.S. 27-10-105 , the bargaining agent and the corporate authorities shall each select and name one (1) arbitrator and shall immediately thereafter notify each other in writing of the name and address of the person so selected. The two (2) arbitrators so selected and named shall, within ten (10) days from and after the expiration of the five (5) day period hereinbefore mentioned, agree upon and select and name a third arbitrator. If on the expiration of the period allowed therefor the arbitrators are unable to agree upon the selection of a third arbitrator, a district judge of the judicial district within which the city is located, shall select him upon request in writing from either the bargaining agent or the corporate authorities. The third arbitrator, whether selected as a result of agreement between the two (2) arbitrators previously selected, or selected by a district judge, shall act as chairman of the arbitration board.

History. Laws 1965, ch. 197, § 6; W.S. 1957, § 27-270.

Quoted in

Casper v. International Ass'n of Firefighters, Local 904, 713 P.2d 1187, 1986 Wyo. LEXIS 474 (Wyo. 1986).

§ 27-10-107. Arbitration procedure.

Arbitration shall proceed pursuant to the provisions of the Uniform Arbitration Act [§§ 1-36-101 through 1-36-119 ].

History. Laws 1965, ch. 197, § 7; W.S. 1957, § 27-271.

Quoted in

Casper v. International Ass'n of Firefighters, Local 904, 713 P.2d 1187, 1986 Wyo. LEXIS 474 (Wyo. 1986).

§ 27-10-108. Collective bargaining contract; duration of contract.

Any agreements actually negotiated between the bargaining agent and the corporate authorities either before, or within thirty (30) days after arbitration, shall constitute the collective bargaining contract governing fire fighters and said city, town or county for the period stated therein provided that term of such contract shall not exceed two (2) years.

History. Laws 1965, ch. 197, § 8; W.S. 1957, § 27-272; Laws 2001, ch. 120, § 1.

Quoted in

Casper v. International Ass'n of Firefighters, Local 904, 713 P.2d 1187, 1986 Wyo. LEXIS 474 (Wyo. 1986).

§ 27-10-109. Notice of request for bargaining prior to day on which money can be appropriated.

Whenever wages, rates of pay, or any other matter requiring appropriation of money by any city, town or county are included as matter of collective bargaining conducted under the provisions of this act [§§ 27-10-101 through 27-10-109 ], it is the obligation of the bargaining agent to serve written notice of request for collective bargaining on the corporate authorities at least one hundred twenty (120) days before the last day on which money can be appropriated by the city, town or county to cover the contract period which is the subject of the collective bargaining procedure.

History. Laws 1965, ch. 197, § 9; W.S. 1957, § 27-273.

Quoted in

Casper v. International Ass'n of Firefighters, Local 904, 713 P.2d 1187, 1986 Wyo. LEXIS 474 (Wyo. 1986).

Law reviews. —

For comment, “The Right of Wyoming State and Municipal Employees to Organize, Receive Exclusive Recognition, and Bargain Collectively,” see V Land & Water L. Rev. 605 (1970).

§ 27-11-101. Short title.

This act [§§ 27-11-101 through 27-11-114 ] shall be known and may be cited as the “Wyoming Occupational Health and Safety Act.”

History. Laws 1969, ch. 199, § 1; W.S. 1957, § 27-274.

Meaning of “this act.” —

For the definition of “this act,” referred to throughout this section, see § 27-11-103(a)(ix).

Prohibited action. —

Threatening an immediate family member with termination in retaliation for the good faith exercise of an employee of any rights under the Wyoming Occupational Health and Safety Act is a form of discrimination and prohibited under this statute. McLean v. Hyland Enters., 2001 WY 111, 34 P.3d 1262, 2001 Wyo. LEXIS 137 (Wyo. 2001).

§ 27-11-102. Declaration of policy.

1. It is hereby declared to be the policy of the state of Wyoming, that the primary purposes of this act [§§ 27-11-101 through 27-11-114 ] are:
   1. That the prevention of accidents and occupational diseases and abiding by rules and regulations are the responsibility of both the employer and the employee;
   2. To help and assist employers and employees in accident and occupational disease prevention through educational means, which shall be made available to all industries, businesses, employees, employee groups and associations;
   3. The commission shall furnish consultant services on development of safety programs, procedures and training services for employees, supervisors and groups;
   4. Commission members and its employees shall be neutral in labor management relations in carrying out the provisions of this act;
   5. Enforcement shall be used only to obtain compliance with the act and the rules and regulations established by the commission;
   6. It is also the purpose of this act to include everyone who works in private or public employment or is self-employed; except that in the case of self-employed persons in agriculture, its purpose shall be limited to education.

History. Laws 1969, ch. 199, § 2; W.S. 1957, § 27-275; Laws 1973, ch. 169, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Meaning of “this act.” —

For the definition of “this act,” referred to throughout this section, see § 27-11-103(a)(ix).

Burden of proof. —

Substantial evidence under Wyo. Stat. Ann. § 16-3-114(c) supported the issuance of a citation and assessment of penalties against an employer under the Wyoming Occupational Health and Safety Act statutes, Wyo. Stat. Ann. § 27-11-102 , because the Wyoming Occupational Health and Safety Commission proved a violation based on evidence of inadequate safety precautions, employee training, and supervision and the employer did not establish its affirmative defense of employee misconduct as it did not do everything in its power to ensure compliance with the law. Three Sons, LLC v. Wyo. Occupational Health & Safety Comm'n OSHA, 2007 WY 93, 160 P.3d 58, 2007 Wyo. LEXIS 101 (Wyo. 2007).

Although the agency has the initial burden of production and the ultimate burden of persuasion to prove that a violation of the Wyoming Health and Safety Act occurred, it is reasonable for the burden to shift, upon presentation by the Wyoming Health and Safety Commission of a prima facie case, to the employer to prove the affirmative defense of misconduct. Three Sons, LLC v. Wyo. Occupational Health & Safety Comm'n OSHA, 2007 WY 93, 160 P.3d 58, 2007 Wyo. LEXIS 101 (Wyo. 2007).

§ 27-11-103. Definitions.

1. As used in this act:
   1. “Commission” means the occupational health and safety commission;
   2. “Department” means the department of workforce services of the state of Wyoming;
   3. “Employee” means a person permitted to work by an employer in employment;
   4. “Employer” means any individual or organization including the state and all its political subdivisions, which has in its employ one (1) or more individuals performing services for it in employment;
   5. “Employment” means all services for pay under a contract of hire;
   6. “Party” means each person or agency named or admitted as a party or properly seeking and entitled as of right to be admitted as a party;
   7. “Person” means an individual, governmental agency, partnership, association, corporation, business, trust, receiver, trustee, legal representative or successor to any of the foregoing;
   8. “Place of employment” means plant, premises, or any other place where directed by the employer or about which an employee is permitted to work;
   9. “This act” means W.S. 27-11-101 through 27-11-114 .

History. Laws 1969, ch. 199, § 3; W.S. 1957, § 27-276; Laws 1973, ch. 169, § 1; 1983, ch. 172, § 1; 1990, ch. 63, § 2; 2017, ch. 41, § 1.

Cross references. —

As to duties of department of employment, see § 27-2-104 .

As to the occupational health and safety commission, see § 27-11-104 .

The 2017 amendment, effective July 1, 2017, in (a)(ii), substituted “department of workforce services” for “department of employment.”

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Am. Jur. 2d, ALR and C.J.S. references. —

When has employer “repeatedly” violated Occupational Safety and Health Act within meaning of § 17(a) of Act (29 USC § 666(a)), 151 ALR Fed 1.

Who is “employer” for purposes of Occupational Safety and Health Act (29 USCA §§ 651 et seq.) 153 ALR Fed 303.

What constitutes “willful” violation for purposes of §§ 17(a) or (e) of Occupational Safety and Health Act of 1970 (29 U.S.C. § 666(a) or § 666(e)), 161 ALR Fed 561.

§ 27-11-104. Occupational health and safety commission; generally.

1. There is hereby created an occupational health and safety commission, hereinafter referred to as the “commission,” which shall be composed of seven (7) members comprised of one (1) from the general field of employees or employee organizations; one (1) from the general field of business or industry; one (1) medical doctor; and four (4) from the public at large who shall all be appointed by the governor with the advice and consent of the senate without regard to political affiliation. The commission members shall choose the commission chairman annually.
2. The governor may remove any commission member as provided in W.S. 9-1-202 .
3. The terms of the members shall be for six (6) years, except that of the initially appointed members: one (1) from the field of business, and one (1) from the field of labor shall serve six (6) years and one (1) medical doctor who shall serve for a term of six (6) years; and four (4) members from the public at large, one (1) to serve a term of two (2) years, one (1) to serve a term of three (3) years and one (1) to serve a term of four (4) years and one (1) to serve a term of five (5) years. The terms of the members shall terminate on the last day of February of the sixth year after their appointment, except as initially appointed. The governor shall appoint a member to fill a vacancy in accordance with W.S. 28-12-101 .
4. The commission shall hold at least four (4) regular meetings per year at such time and place as the chairman shall specify. Special meetings may be called by the chairman, and special meetings must be called by the chairman upon a written request by four (4) or more members. Four (4) members shall constitute a quorum. Rules, regulations and variances shall not be devised, formulated, adopted, amended or repealed except by majority vote of the entire membership of the commission. All other matters shall be decided by a majority vote of those in attendance and constituting a quorum.
5. Repealed by Laws 1990, ch. 63, § 3.
6. No member of the commission nor any member of any advisory committees hereinafter referred to, not otherwise in full-time employment of the state, shall receive any salary but shall receive the same per diem, mileage and expense allowance while attending and traveling to and from meetings as officers or employees of the state are allowed.
7. The commission shall contract with an independent hearing officer to hear all contests of notice of violation, proposed penalty or abatement periods for violations, as written in the notice of violation received by the employer. The hearing officer shall be a qualified member of the bar of Wyoming and may not be an employee of the office of the attorney general or the department or a member of the commission:
   1. The employer shall have the right to contest the alleged violation, abatement period or proposed penalty for violation as written in the notice of violation;
   2. The employee or the employee representative shall have the right to contest the abatement period as stated in the notice of violation and to participate in any hearings concerning such abatement period;
   3. The hearing shall be held as soon after receiving the letter of contest and in a city as near the site of occurrence as is practicable;
   4. All hearings shall be conducted pursuant to the Wyoming Administrative Procedure Act [§§ 16-3-101 through 16-3-115 ]. The hearing officers have the powers specified in W.S. 16-3-112(b). The hearing officer shall make written findings of fact and conclusions of law in each contested case;
   5. The hearing officer shall recommend a decision to the commission. The decision of the commission is the final administrative decision. A party adversely affected by a decision of the commission may appeal to the district court in the county where the violation allegedly occurred.
8. Effective July 1, 1979, appointments and terms of commission members shall be in accordance with W.S. 28-12-101 through 28-12-103 .

History. Laws 1969, ch. 199, § 4; W.S. 1957, § 27-277; Laws 1973, ch. 169, § 1; 1979, ch. 17, § 2; 1983, ch. 172, § 1; 1987, ch. 175, § 1; 1990, ch. 63, § 3.

Cross references. —

As to per diem and travel expenses of state officers, see §§ 9-3-102 and 9-3-103 .

§ 27-11-105. Occupational health and safety commission; powers and duties of commission and department.

1. The department, in consultation with the commission, has the powers and is hereby charged with the duties:
   1. Repealed by Laws 1990, ch. 63, §§ 2, 3.
   2. To develop and formulate, a comprehensive program for the prevention, control and abatement of unsafe and unhealthy working conditions and to direct state agencies and their staffs to compile statistics, do research, do investigation and any other duties where practical, possible and not inconsistent with the purposes of this act;
   3. To assure that all agencies and their staffs shall comply with directives of the commission in regard to occupational health and safety;
   4. To cooperate, as specified in W.S. 27-2-105 and in section 24(a) of Public Law 91-596 [29 U.S.C. § 673(a)] in the collection, compilation and analysis of data relative to the occurrence of occupational injuries and illnesses;
   5. To compile statistics and to require such reports as may be needed to aid in accomplishing this purpose;
   6. To do research on the causes and methods of preventing occupational diseases and accidents;
   7. To promote accident prevention and occupational disease prevention programs and to provide consultative and educational assistance;
   8. and (ix) Repealed by Laws 1990, ch. 63, §§ 2, 3.
   9. To select or give emphasis to those areas and segments of the business and industrial community which need the concentrated attention and assistance of the commission and its employees;
   10. Repealed by Laws 1990, ch. 63, §§ 2, 3.
   11. To enter into agreements with agencies of the United States government for assistance, cooperation and enforcement of safety laws and to accept funds from such federal agencies for the purpose of carrying out any of the provisions of this act;
   12. through (xv) Repealed by Laws 1990, ch. 63, §§ 2, 3.
   13. To institute or cause to be instituted appropriate civil or criminal actions to enforce the provisions of this act and the rules and regulations promulgated under this act.
2. The commission has the following powers and duties:
   1. To prescribe rules of practice and procedure;
   2. To promulgate, devise, formulate, adopt, amend, and repeal rules and regulations and to appoint advisory committees equally composed of employers and employees from the industries involved to assist and advise the commission:
      1. All rules and regulations shall be reviewed as needed and revised as necessary. Such review would be under the same procedures as the original establishment of the rules and regulations;
      2. The standards set by rule and regulation by the commission shall take into consideration recognized and accepted national codes, recognized industrial standards or similar, in whole or in part, but shall not be limited exclusively to these;
      3. The rules and regulations shall not be more stringent than corresponding federal rules and regulations. If there are no corresponding federal rules or regulations the commission may adopt applicable state rules and regulations.
   3. To exempt from coverage under this act any trade or business when the commission deems federal or other authority is adequate and dual or overlapping authority would result. If any trade or business is exempted under this section the commission shall file a detailed report with the governor showing the reasons for such exemption together with an affirmance by the federal or other authority that the coverage is adequate;
   4. To require that any rules and regulations of the commission be a part of construction, maintenance or servicing contracts or other contracts as the commission may determine;
   5. To consider and grant in accordance with and subject to the terms and limitations provided in W.S. 27-11-111 , variances from standards, rules and regulations promulgated under this act;
   6. To require the employer to be charged with the following duties:
      1. Each employer shall furnish to his employees, a place of employment and employment which are free from recognized hazards that are causing or that are likely to cause death or serious physical harm;
      2. Each employer shall comply with occupational safety and health standards, rules, regulations and orders issued pursuant to this act.
   7. To require the employee to be charged with the following duty, each employee shall comply with occupational safety and health standards and all rules, regulations and orders issued pursuant to this act which are applicable to his own actions and conduct.

History. Laws 1969, ch. 199, § 5; W.S. 1957, § 27-278; Laws 1973, ch. 169, § 1; 1980, ch. 23, § 1; 1989, ch. 139, § 2; 1990, ch, 63, §§ 2, 3.

Meaning of “this act.” —

For the definition of “this act,” referred to throughout this section, see § 27-11-103(a)(ix).

Employee's duties not applicable to third party. —

Subsection (b)(vi)(A) does not apply in a negligence case between an employer and a third party, such as a contractor who is injured by touching an electric company's high voltage lines. Wyrulec Co. v. Schutt, 866 P.2d 756, 1993 Wyo. LEXIS 207 (Wyo. 1993).

Quoted in

McLean v. Hyland Enters., Inc., 2001 WY 111, 34 P.3d 1262, 2001 Wyo. LEXIS 137 (Wyo. 2001).

§ 27-11-106. Enforcement and administration.

1. The department shall enforce and administer this act and the rules, regulations and orders promulgated and issued under this act. The commission shall have authority to hold hearings for the promulgation of rules and regulations in accordance with the Wyoming Administrative Procedure Act. In any case that goes uncontested the commission may after opportunity to show cause, enter an order of final disposition which may be enforced by any district court.
2. If an imminent danger to health or safety exists, whether it is in a specific industry where rules and regulations are in effect or not, the commission or any employee of the department so authorized is hereby empowered to direct the person where such imminent danger to health and safety exists to cease operations immediately in order to eliminate such danger to health or safety. If such person does not cease operations so as to eliminate such danger, the commission, its chairman, or any employee of the department so authorized, may, with the concurrence of the attorney general, bring a civil suit in the name of the state in the district court of the county where such danger exists, or in the United States district court for Wyoming (if it otherwise has jurisdiction), to restrain such person from continuing such operations where an imminent danger to health or safety exists.
3. In contested cases where no appeal has been taken from the decision of the commission within the time provided for such an appeal, the commission shall adopt the decision and order the department and employer to act in accordance with the decision. Any state district court may enforce commission orders issued in that county after a hearing where no appeal has been taken. The United States district court for Wyoming (if it otherwise has jurisdiction) may also enforce any commission order.
4. Any suit, action or appeal involving this act or rule, regulation or order of the commission, shall be advanced for trial and determined as expeditiously as feasible and no postponement or continuance shall be granted unless deemed imperative by the court.

History. Laws 1969, ch. 199, § 6; W.S. 1957, § 27-279; Laws 1973, ch. 169, § 1; 1983, ch. 172, § 1; 1990, ch. 63, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to twice in the first sentence in subsection (a), see § 27-11-103(a)(ix).

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Am. Jur. 2d, ALR and C.J.S. references. —

Economic feasibility as factor affecting validity of, or obligation of compliance with, standards established under Occupational Safety and Health Act (29 USC §§ 651 et seq.), 68 ALR Fed 732.

§ 27-11-107. Penalty.

1. Any employer willfully and knowingly violating any of the provisions of this act [§§ 27-11-101 through 27-11-114 ], any health and safety standards, rules or regulations promulgated under this act or any existing rule or regulation governing the conditions of employment promulgated by the commission, which causes death of an employee, upon conviction, shall be punished by a fine of not more than ten thousand dollars ($10,000.00) or by imprisonment of not more than six (6) months or both. If the conviction is for a violation committed after a first conviction of the same person, punishment shall be by a fine of not more than twenty thousand dollars ($20,000.00) or by imprisonment for not more than one (1) year, or by both.
2. Any employer  willfully and knowingly violating any of the provisions of this act,  any safety and health standards, rules or regulations promulgated  under this act or any existing rule or regulation governing the conditions  of employment promulgated by the commission may be assessed a civil  penalty in an  amount determined by the commission pursuant to subsection (j) of  this section for each violation.
3. Any employer  violating any provision of this act, any health and safety standards  or rules and regulations promulgated under this act or any existing  rule or regulation governing the conditions of employment promulgated  by the commission, the violation specifically determined to be of  a serious nature, shall be assessed a civil penalty in an  amount determined by the commission pursuant to subsection (j) of  this section.
4. Any employer  violating any provision of this act, any health and safety standards  or rules and regulations promulgated under this act or any existing  rule or regulation governing the conditions of employment promulgated  by the commission, the violation determined not to be of a serious  nature, may be assessed a civil penalty in an amount determined by the commission  pursuant to subsection (j) of this section for each  offense as noted in the notice of violation.
5. Whoever knowingly makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this act, upon conviction, shall be punished by a fine of not more than ten thousand dollars ($10,000.00) or by imprisonment for not more than six (6) months, or both.
6. Any employer  who violates any of the posting requirements, as prescribed under  the provisions of this act, may be assessed a civil penalty in an amount determined by the commission  pursuant to subsection (j) of this section for each  violation.
7. Any employer  who fails to correct a violation for which a notice of violation has  been issued, which notice of violation is not contested or appealed  under W.S. 27-11-104 and 27-11-106 , initiated  by the employer, may be assessed a civil penalty in an amount determined by the commission  pursuant to subsection (j) of this section for each  day the failure or violation continues.
8. Payment of all fines and penalties imposed under this section shall be made to the county treasurer of the county in which the violation occurs to be credited to the county school fund.
9. Unless otherwise specified in this section, the commission  shall through rule and regulation set the civil penalty amounts to  be imposed under subsections (b) through (d), (f) and (g) of this  section. The amount of the civil penalty shall be no greater than  the corresponding federal penalty for the specified violation as promulgated  under the Occupational Safety and Health Act, 29 U.S.C. § 666,  and shall include any adjustments made to the penalty under the Federal  Civil Penalties Inflation Adjustment Act Improvements Act of 2015,  28 U.S.C. § 2461.

History. Laws 1969, ch. 199, § 7; 1973, ch. 169, § 2; 1980, ch. 23, § 1; 1983, ch. 172, § 1; 1992, ch. 85, § 1; 2016, ch. 66, § 1.

The 2016 amendment , effective July 1, 2016, at the end of (b), substituted “in an amount determined by the commission pursuant to subsection (j) of this section for each violation” for “of not less than five thousand dollars ($5,000.00) nor more than seventy thousand dollars ($70,000.00) for each violation, provided that a lesser penalty may be imposed by the commission”; substituted “in an amount determined by the commission pursuant to subsection (j) of this section” for “of not more than seven thousand dollars ($7,000.00) for the violation” in the last sentence of (c), (d), and (g); substituted "in an amount determined by the commission pursuant to subsection (j) of this section" for “of up to seven thousand dollars ($7,000.00)” in the last sentence of (f); and added (j).

Editor's notes. —

Laws 2016, ch. 66, § 3 states as follows: “Section 2 of this act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.”

Stated in

McLean v. Hyland Enters., Inc., 2001 WY 111, 34 P.3d 1262, 2001 Wyo. LEXIS 137 (Wyo. 2001).

Am. Jur. 2d, ALR and C.J.S. references. —

Employee misconduct as defense to citation, issued pursuant to provisions of Occupational Safety and Health Act (29 USC §§ 651 et seq.), arising out of alleged violation of standards resulting in death or personal injury of employee, 59 ALR Fed 395.

§ 27-11-108. Right of entry and inspection; consultation with employees; penalty for giving advance notice.

1. Any department authorized employee or representative of the department may enter and inspect any property, premises or place, except private residences where persons are employed, at any reasonable time to investigate health and safety conditions and compliance with safety and health laws, rules and regulations. No person conducting an inspection under this subsection shall unreasonably interfere with the operations, business or work of any employer or employee. At the opening conference, immediately before an inspection commences, the department shall notify employers in writing of their right to refuse its employees entry to investigate health and safety conditions unless the employees have a warrant issued by a court of competent jurisdiction.
2. A representative or representatives of the employer and a representative or representatives authorized by the employees shall be given an opportunity to accompany any duly authorized employee or representative of the department before or during the physical inspection of any workplace for the purpose of aiding such inspection. Where there is no authorized employee representative, any duly authorized employee or representative of the department shall consult with a reasonable number of employees concerning matters of safety and health.
3. Any person who gives advance notice of any inspection, investigation or response to a complaint to be conducted under the authority, and for the purpose of enforcement of this act, without the consent of the department shall, upon conviction, be guilty of a misdemeanor and shall be punished by a fine of not more than ten thousand dollars ($10,000.00) or by imprisonment for not more than six (6) months or both.

History. Laws 1969, ch. 199, § 8; W.S. 1957, § 27-281; Laws 1973, ch. 169, § 1; 1983, ch. 172, § 1; 1990, ch. 63, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to in subsection (c), see § 27-11-103(a)(ix).

§ 27-11-109. Investigation of violations; proceedings; confidentiality of trade secrets.

1. The commission or chairman, in their discretion, may make such public or private investigations as they deem necessary to determine whether any person or employer has violated, or is about to violate, any provision of this act, or any rules, regulation, or order hereunder, or to aid in the enforcement of this act, or in the prescribing of rules and regulations hereunder, may require or permit any person to file a statement in writing, under oath or otherwise, as they determine, as to all the facts and circumstances concerning the matter to be investigated and may publish information concerning any violation of this act, rule, regulation or order hereunder.
2. For the purpose of any investigation or proceeding under this act any member of the commission or any officer designated by the chairman may administer oaths and affirmations, subpoena witnesses, and compel their attendance, take evidence and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records, which the commission or its chairman deem relevant or material to the inquiry.
3. In case of contumacy by or refusal to obey a subpoena issued to any person, any Wyoming district court, upon application by the commission or its chairman, may issue to the person an order requiring him to appear before the commission or the officer designated by them, to produce documentary evidence if so ordered, or to give evidence touching the matter under investigation or in question. Failure to obey the order of the court may be punished by the court as contempt of court.
4. When the commission or the department shall discover or have reason to believe that any provision of the employment health and safety laws or any rule is being violated, written notice shall be served upon the person violating the same to comply with the notice within a reasonable time, to be fixed in the notice, which notice shall specify the time to be not more than thirty (30) days, except that such time may be extended for good cause shown. The notice shall specify the violation and shall be posted at or near the site of violation for a period of three (3) days or until the violation is abated, whichever is longer:
   1. In fixing the time in such notice and any extension of time, consideration shall be given to the nature of the failure or defect constituting the violation, the probable danger thereof, and the probable length of time and amount of labor required to correct the violation;
   2. If the violation continues after the expiration of the period of time fixed in the notice, including any such extension of time, enforcement in this type of case will be sought by the commission or by the department by filing a complaint and seeking a cease and desist order in the district court;
   3. Proposed penalty amounts shall be clearly stated as part of the notice of violation, but shall be a separate document which need not be posted with the notice of violation;
   4. Nothing in paragraphs (i) and (ii) of this subsection shall be applicable to W.S. 27-11-106(b).
5. No employer shall discharge or in any manner discriminate against any employee because such employee has filed any notice of complaint or has instituted, or caused to be instituted, any proceeding under or related to this act or has testified or is about to testify in any such proceeding, or because of the exercise by such employee on behalf of himself or others any right afforded by this act.
6. All information reported or likewise obtained by the department in connection with any inspection or investigation under this act which contains or which might reveal a trade secret shall be considered as confidential for the purpose of this act: except that such information may be disclosed to other representatives of the department concerned with carrying out this act or when relevant in any proceedings as required under this act. In any such proceedings, the department, the commission, the review board or the court shall issue orders as may be appropriate to protect the confidentiality of trade secrets.

History. Laws 1969, ch. 199, § 9; W.S. 1957, § 27-282; Laws 1973, ch. 169, §§ 1, 3; 1990, ch. 63, § 2.

Cross references. —

As to officers authorized to administer oaths generally, see § 1-2-102 .

As to subpoena duces tecum, see Rules 30(b) and 34, W.R.C.P.

As to subpoenas for the attendance of witnesses or for the production of documentary evidence, see Rule 45, W.R.C.P.

Meaning of “this act.” —

For the definition of “this act,” referred to throughout subsections (a), (e) and (f), see § 27-11-103(a)(ix).

Quoted in

McLean v. Hyland Enters., Inc., 2001 WY 111, 34 P.3d 1262, 2001 Wyo. LEXIS 137 (Wyo. 2001).

Am. Jur. 2d, ALR and C.J.S. references. —

Liability for discharge of at-will employee for in-plant complaints or efforts relating to working conditions affecting health or safety, 35 ALR4th 1031.

Liability for retaliation against at-will employee for public complaints or efforts relating to health or safety, 75 ALR4th 13.

Pre-emption by workers' compensation statute of employee's remedy under state “whistleblower” statute, 20 ALR5th 677.

Who are “public employers” or “public employees” within the meaning of state whistleblower protection acts, 90 ALR5th 687.

Employee misconduct as defense to citation, issued pursuant to provisions of Occupational Safety and Health Act (29 USC §§ 651 et seq.), arising out of alleged violation of standards resulting in death or personal injury of employee, 59 ALR Fed 395.

Federal preemption of whistleblower's state-law action for wrongful retaliation, 99 ALR Fed 775.

Who has “participated” in investigation, proceeding, or hearing and is thereby protected from retaliation under § 704(a) of Title VII of Civil Rights Act of 1964 (42 U.S.C.A. § 2000E-3(a)), 149 ALR Fed 431.

§ 27-11-110. Injunction; bond; effect on sovereign immunity.

Whenever it appears to the commission that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this act [§§ 27-11-101 through 27-11-114 ], or any rule, regulation, or order hereunder, the commission, its chairman, or any person so authorized by the commission may bring an action in the name of the state in the district court of any county in which the violation occurred or where it appears a violation may occur to enjoin the acts or practices to enforce compliance with this act, rule or regulation or order hereunder. Upon a proper showing a permanent or temporary injunction or restraining order shall be granted. This action shall not exempt the person so enjoined from penalty, as provided in W.S. 27-11-107 , or from enforcement of any other section of the act. The court may not require the commission, its chairman, or any person authorized to bring such action, to post a bond for more than fifty thousand dollars ($50,000.00), and the state of Wyoming does hereby waive sovereign immunity up to and including the amount of the bond the court requires posted in each suit but in no event shall such waiver be more than fifty thousand dollars ($50,000.00) for liability incurred due to wrongfully causing a court to order a person to cease operating his business pursuant to this act.

History. Laws 1969, ch. 199, § 10; W.S. 1957, § 27-283; Laws 1973, ch. 169, § 1.

Cross references. —

As to injunctions generally, see §§ 1-28-101 through 1-28-111 and Rule 65, W.R.C.P.

As to temporary restraining order, see § 1-28-102 and Rule 65(b), W.R.C.P.

Meaning of “this act.” —

For the definition of “this act,” referred to throughout this section, see § 27-11-103(a)(ix).

Stated in

McLean v. Hyland Enters., Inc., 2001 WY 111, 34 P.3d 1262, 2001 Wyo. LEXIS 137 (Wyo. 2001).

Cited in

Diamond Surface, Inc. v. Cleveland, 963 P.2d 996, 1998 Wyo. LEXIS 118 (Wyo. 1998).

Am. Jur. 2d, ALR and C.J.S. references. —

Right of employee to injunction preventing employer from exposing employee to tobacco smoke in workplace, 37 ALR4th 480.

Admissibility of evidence obtained by unconstitutional search in proceedings under Occupational Safety and Health Act (29 USC §§ 651 et seq.), 67 ALR Fed 724.

§ 27-11-111. Variances.

1. Any person affected by this act [§§ 27-11-101 through 27-11-114 ] may request a variance to any standard, rule or regulation promulgated under this act.
2. The commission or department shall be empowered to issue a temporary variance when the employer establishes that:
   1. He is unable to comply with the standard, rule or regulation because of unavailability of professional or technical personnel or of materials and equipment needed to come into compliance;
   2. He has taken all available steps to safeguard his employees against the hazards covered by the standard, rule or regulation;
   3. He has an effective program for coming into compliance with the standard, rule or regulation as quickly as practical; and
   4. He has advised his employees of his request for the variance.
3. A variance may be granted when it shall be determined, after opportunity for an inspection and a hearing, that the employer requesting the variance has demonstrated by a sufficient amount of evidence that the conditions, practices, means, methods, operations or processes used or proposed to be used by the employer will provide employment and a place of employment to his employees which are as safe and healthful as those which would prevail if he complied with the standard, rule or regulation.
4. Procedures for the issuing of a variance are set by rule as provided in W.S. 27-11-105 .

History. Laws 1969, ch. 199, § 11; W.S. 1957, § 27-284; Laws 1973, ch. 169, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to throughout this section, see § 27-11-103(a)(ix).

§ 27-11-112. Investigation of health and safety charges and complaints.

The department of workforce services shall investigate charges and complaints of violation of the laws of this state with respect to health and safety and any order, rules, or regulations of the commission made in connection therewith and report them to the commission.

History. Laws 1969, ch. 199, § 12; W.S. 1957, § 27-285; Laws 1973, ch. 169, § 1; 1983, ch. 172, § 1; 1989, ch. 139, § 2; 1990, ch. 63, § 2; 2012, ch. 1, § 1.

Cross references. —

As to the state personnel division, see § 9-2-1019 .

The 2012 amendment, effective July 1, 2012, substituted “workforce services” for “employment.”

§ 27-11-113. Physical examination of employees; religious exemption.

Any employer may require an employee to submit to a physical examination before employment or at any time during employment, and shall provide for a physical examination, as deemed necessary, due to exposure or contact with hazards or environmental conditions which may be detrimental to the health of the employee. Nothing in this or any other provision of this act [§§ 27-11-101 through 27-11-114 ] shall be deemed to authorize or require medical examination, immunization or treatment for those who object thereto on religious grounds, except where such is necessary for the protection of the health or safety of others. The results of such examinations shall be furnished only to the department, the employer and, upon request, to the employee and the employee’s physician. The employer shall pay for such examination.

History. Laws 1969, ch. 199, § 13; W.S. 1957, § 27-286; Laws 1973, ch. 169, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to throughout this section, see § 27-11-103(a)(ix).

§ 27-11-114. Limitations.

1. Nothing in this act [§§ 27-11-101 through 27-11-114 ] shall:
   1. Limit or restrict the present jurisdiction or authority of the public service commission except employee safety and occupational health;
   2. Supersede or limit the present authority for making rules and regulations pertaining to coal mines;
   3. Affect the rules and regulations now in force until the commission shall adopt rules and regulations pertaining to noncoal mines and until the same shall become effective;
   4. Affect the appointment of the state mine inspector and deputy mine inspectors;
   5. Affect the powers and duties of the state mine inspector and deputy mine inspectors as to their present powers and duties until July 1, 1970.

History. Laws 1969, ch. 199, § 14; W.S. 1957, § 27-287.

Cross references. —

As to mines and mining generally, see title 30.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Meaning of “this act.” —

For the definition of “this act,” referred to throughout this section, see § 27-11-103(a)(ix).

§§ 27-12-101 through 27-12-805. [Repealed.]

Repealed by Laws 1986, Sp. Sess., ch. 3, § 3.

Revision of title. —

Laws 1986, Sp. Sess., ch. 3, § 3, revised this title by repealing and recreating former §§ 27-12-101 through 27-12-805 as present §§ 27-14-101 through 27-14-804 . For tables showing revised and renumbered sections, see Volume 11 of the Wyoming Statutes Annotated.

§ 27-13-101. Definitions.

1. As used in this act:
   1. “Demand occupation” means an occupation in a labor market area in which the director determines that work opportunities are available and that there is not a surplus of qualified applicants;
   2. “Director” means the director of the division;
   3. “Displaced workers” means:
      1. Those workers unemployed due to plant closures or substantial plant layoffs;
      2. Workers eligible for retraining under the federal trade adjustment assistance act;
      3. Unemployed workers otherwise affected by economic or industrial changes which have resulted in loss or reduction of their employment opportunities, as determined by the director.
   4. “Division” means the department of workforce services;
   5. “Local education or training agency” means:
      1. A board of trustees of a school district;
      2. A public or private educational institution or agency having administrative control and direction of a vocational education program;
      3. A board of a community college district; or
      4. A board of cooperative educational services.
   6. “Program” means:
      1. “Occupational transfer programs and retraining services” including:
         1. Services necessary to assist displaced workers in identifying those skills they possess which are transferable to other related demand occupations;
         2. Education and training activities necessary to prepare displaced workers for occupations to which their preexisting skills are readily transferable.
      2. “Education and training program” including a course or program of instruction which:
         1. Relates to an occupation or skill for which there are, or are expected to be in the immediate future, reasonable employment opportunities in the labor market area or areas in the state in which the participating individual intends to seek work and for which there is not a surplus of workers with requisite skills in that area, as determined by the director;
         2. Ordinarily can be completed within one (1) year and is intended for the primary purpose of enabling participants to obtain immediate employment in a demand occupation. The training shall not be primarily intended to meet the requirements of any degree from a college, community college or university.
   7. “This act” means W.S. 27-13-101 through 27-13-103 .

History. Laws 1983, ch. 128, § 1; 1990, ch. 63, § 2; 2010, ch. 65, § 1.

Cross references. —

As to the state planning coordinator, see § 9-1-207 .

The 2010 amendment, effective July 1, 2010, in (a)(iv), substituted “department of workforce services” for “department of employment.”

Editor's notes. —

The reference to the federal trade adjustment assistance act, in subsection (a)(iii)(B), apparently means Title II of the Trade Act of 1974, which relates to relief from injury caused by import competition. See 19 U.S.C. § 2271 et seq.

There is no subsection (b) in this section as it appears in the printed acts.

Quoted in

State ex rel. Wyo. Workers' Safety & Comp. Div. v. Garl, 2001 WY 59, 26 P.3d 1029, 2001 Wyo. LEXIS 72 (Wyo. 2001).

§ 27-13-102. Powers and duties; rules and regulations.

1. The division shall, in conjunction with the department of education, the business council, the department of workforce services, the workforce development council, the University of Wyoming and the community college commission, establish and maintain a plan to implement the occupational transfer and retraining programs and services for displaced workers created under this act. The plan shall designate:
   1. Responsibilities of state agencies in administering this act;
   2. Procedures for coordination between the state and local agencies and existing employment, training, education and other occupationally related activities and resources in the state;
   3. Procedures to encourage involvement on the part of labor, management, local government and local education and training agencies in the establishment, operation and ongoing direction of programs to assist displaced workers.
2. The division shall:
   1. Identify statutes, rules and regulations which inhibit the implementation of programs under this act; and
   2. Recommend modifications to or waivers of statutes, rules and regulations to permit design of cost-effective programs under this act;
   3. Repealed by Laws 2014, ch. 7, §  3.
3. The director may enter into contracts and agreements with local education or training agencies to implement this act.
4. The governor, in consultation with the director, may promulgate reasonable rules and regulations to implement this act.

History. Laws 1983, ch. 128, § 1; 1997, ch. 31, § 2; 2008, ch. 44, § 1; 2010, ch. 65, § 1; 2012, ch. 1, § 1; 2014, ch. 7, §§ 2, 3.

The 2008 amendment, deleted “joint labor, health and social services interim committee and the” following “Annually report to the” in (b)(iii).

Laws 2008, ch. 44, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, of the Wyo. Const. Approved March 5, 2008.

The 2010 amendment, effective July 1, 2010, in the introductory language of (a), substituted “business council, the department of employment, the workforce development council” for “department of economic planning and development, the office of the commissioner of labor, the employment security commission.”

The 2012 amendment, effective July 1, 2012, substituted “workforce services” for “employment” in (a).

The 2014 amendment, effective July 1, 2014, in (b)(i), added “and” at the end; and repealed former (b)(iii), which read: “Annually report to the joint appropriations interim committee regarding programs under this act.”

Conflicting legislation. —

Laws 2008, ch. 44, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

Meaning of “this act.” —

For the definition of “this act”, referred to in this section, see § 27-13-101(a)(vii).

§ 27-13-103. Programs; funding.

1. Programs established under this act shall be funded to the maximum extent feasible through existing federal, state and local resources, both public and private. The plan required under W.S. 27-13-102(a) shall include an estimate of funds available from sources other than from the state.
2. The division may, to the extent funded by the legislature, establish and maintain programs under this act.

History. Laws 1983, ch. 128, § 1.

Meaning of “this act.” —

For the definition of “this act”, referred to in this section, see § 27-13-101(a)(vii).

§ 27-14-101. Short title; statement of intent.

1. This act may be cited as the “Wyoming Worker’s Compensation Act”.
2. It is the intent of the legislature in creating the Wyoming worker’s compensation division that the laws administered by it to provide a worker’s benefit system be interpreted to assure the quick and efficient delivery of indemnity and medical benefits to injured and disabled workers at a reasonable cost to the employers who are subject to the Worker’s Compensation Act. It is the specific intent of the legislature that benefit claims cases be decided on their merits and that the common law rule of “liberal construction” based on the supposed “remedial” basis of workers’ benefits legislation shall not apply in these cases. The worker’s benefit system in Wyoming is based on a mutual renunciation of common law rights and defenses by employers and employees alike. Accordingly, the legislature declares that the Worker’s Compensation Act is not remedial in any sense and is not to be given a broad liberal construction in favor of any party.

History. Laws 1986, Sp. Sess., ch. 3, § 3; 1994, ch. 86, § 2.

Meaning of “this act.” —

For the definition of “[T]his act,” referred to in this section, see § 27-14-102(a)(xxvii).

Editor's notes. —

Laws 1996, ch. 82, § 4, effective January 1, 1997, provides: “Except as provided by W.S. 27-14-802(d) and (e) as amended under section 1 of this act, effective January 1, 1997, all duties and responsibilities of the clerks of district court under the Wyoming Worker's Compensation Act shall be transferred to the worker's compensation division within the department of employment. The division shall identify and notify the clerks of court of those active worker's compensation case files to be transferred to the division. All other worker's compensation case files shall be retained by the clerks of court in accordance with file retention policies in effect for other district court cases.”

Legislative intent. —

The clear language of the Worker's Compensation Act demonstrates that the act is to assure quick and efficient delivery of indemnity and medical benefits to injured and disabled workers at a reasonable cost to employers. Streeter v. Amerequip Corp., 968 F. Supp. 624, 1997 U.S. Dist. LEXIS 9464 (D. Wyo. 1997).

Contrary to the employee's assertion, there was nothing in Wyo. Stat. Ann. § 27-14-101(b) indicating that the legislature intended that procedural deficiencies be overlooked simply because the claimant appeared to meet the definition of temporary total disability. Bailey v. State ex rel. Wyo. Workers' Safety & Comp. Div., 2010 WY 152, 243 P.3d 953, 2010 Wyo. LEXIS 160 (Wyo. 2010).

Worker's Compensation Act is legislative embodiment of compromise between employers and employees who recognized the need for a new system to compensate employees for employment-related injuries. Mauch v. Stanley Structures, 641 P.2d 1247, 1982 Wyo. LEXIS 309 (Wyo. 1982).

While the courts may no longer interpret worker's compensation statutes in favor of coverage, the supreme court will interpret them in a way that gives effect to the legislative intent and preserves the historic compromise between workers and employees. State ex rel. Wyo. Workers' Safety & Comp. Div. v. Summers (In re Summers), 987 P.2d 153, 1999 Wyo. LEXIS 139 (Wyo. 1999).

Liberal construction. —

The Workmen's (now Worker's) Compensation Act should be interpreted with reasonable liberality, that the benefits that were intended be accomplished. In re McConnell, 45 Wyo. 289, 18 P.2d 629, 1933 Wyo. LEXIS 10 (Wyo. 1933); Wyoming State Treas. ex rel. Worker's Comp. Div. v. Barnes, 587 P.2d 214, 1978 Wyo. LEXIS 247 (Wyo. 1978).

The Workmen's (now Worker's) Compensation Law of this state should be liberally and reasonably construed to protect persons suffering casualties in industry and to avoid incongruous results. In re Pope, 54 Wyo. 266, 91 P.2d 58, 1939 Wyo. LEXIS 16 (Wyo. 1939); Fuhs v. Swenson, 58 Wyo. 293, 131 P.2d 333, 1942 Wyo. LEXIS 24 (Wyo. 1942); Wright v. Wyoming State Training Sch., 71 Wyo. 173, 255 P.2d 211, 1953 Wyo. LEXIS 9 (Wyo. 1953); Herring v. Welltech, Inc., 660 P.2d 361, 1983 Wyo. LEXIS 293 (Wyo. 1983).

Workmen's (now worker's) compensation cases should be liberally construed so that where reasonably possible the industry and not the individual workman should, to a large extent, bear burdens of accidents suffered within it. Christensen v. Sikora, 57 Wyo. 57, 112 P.2d 557, 1941 Wyo. LEXIS 15 (1941); In re Gimlin, 403 P.2d 178, 1965 Wyo. LEXIS 146 (Wyo. 1965).

The language of this chapter should receive a liberal construction. Lichty v. Lichty Constr. Co., 69 Wyo. 411, 243 P.2d 151, 1952 Wyo. LEXIS 11 (Wyo. 1952).

The Workmen's (now Worker's) Compensation Law should be liberally construed in favor of the workman. Claim of Carey, 74 Wyo. 37, 283 P.2d 1005, 1955 Wyo. LEXIS 13 (Wyo. 1955).

The Worker's Compensation Law should be liberally construed where reasonably possible so that industry and not the individual worker should bear the burden of injuries suffered under its coverage. Mor, Inc. v. Haverlock, 566 P.2d 219, 1977 Wyo. LEXIS 268 (Wyo. 1977).

Worker's compensation laws are to be interpreted and applied with reasonable liberality so that the purposes for which the law was enacted may be accomplished, and, where possible, the industry and not the individual should bear the burdens of accidents suffered. Jim's Water Serv. v. Eayrs, 590 P.2d 1346, 1979 Wyo. LEXIS 376 (Wyo. 1979), limited, State ex rel. Wyoming Workers' Compensation Div. v. Halstead, 795 P.2d 760, 1990 Wyo. LEXIS 79 (Wyo. 1990).

The 1994 amendment to the statute, which rejected the rule of liberal construction, did not apply to a case involving a claim for benefits arising from an injury which occurred in 1989. Collicott v. State ex rel. Workers' Safety & Comp. Div. (In re Collicott), 2001 WY 35, 20 P.3d 1077, 2001 Wyo. LEXIS 44 (Wyo. 2001).

Question as to constitutionality of worker's compensation statute could only be appropriately considered through declaratory judgment action, pursuant to W.R.A.P. 12.12. Shryack v. Carr Constr. Co., 3 P.3d 850, 2000 Wyo. LEXIS 86 (Wyo. 2000).

Court will not disregard principles of appellate practice inso doing. —

The Workmen's (now Worker's) Compensation Law will be liberally construed, but the supreme court will not disregard principles of appellate practice in so doing. In re Corey, 65 Wyo. 301, 200 P.2d 333, 1948 Wyo. LEXIS 28 (Wyo. 1948).

And rule should not be extended for benefit of counsel in providingattorney's fees. —

That the Workmen's (now Worker's) Compensation Law should be construed liberally in favor of the workman is a holding clearly for the benefit of the workman and should not be extended for the benefit of counsel in providing attorney's fees, unless such allowance can be related directly to the benefit of the workman. Williams v. Northern Dev. Co., 425 P.2d 594, 1967 Wyo. LEXIS 148 (Wyo. 1967).

But no authority to extend law to injuries not within legislativelanguage. —

The supreme court is not free under the guise of liberal construction to extend the beneficial purposes of the compensation law to injuries that do not reasonably fall within the language employed by the legislature. Mor, Inc. v. Haverlock, 566 P.2d 219, 1977 Wyo. LEXIS 268 (Wyo. 1977).

In the usual workmen's compensation case, the law should be liberally construed in favor of an award. However, such a policy does not give the supreme court carte blanche authority to ignore clear statutory provisions and under the guise of construction extend the beneficent purpose of the law to a disease or injury that does not fall reasonably within the reach of legislative language. Olson v. Federal Am. Partners, 567 P.2d 710, 1977 Wyo. LEXIS 312 (Wyo. 1977).

Under the guise of liberal construction, the court cannot extend the beneficient purpose of compensation law to injuries which do not reasonably fall within the language of the statute. Deloges v. State, 750 P.2d 1329, 1988 Wyo. LEXIS 58 (Wyo. 1988).

No jurisdiction by Mississippi court. —

Under the correct application of Wyoming law, which the Mississippi court acknowledged was applicable, it did not have subject matter jurisdiction over plaintiff's claim for benefits under the Routh v. State ex rel. Wyoming Workers' Compensation Div., 952 P.2d 1108, 1998 Wyo. LEXIS 9 (Wyo., cert. denied, 525 U.S. 814, 119 S. Ct. 49, 142 L. Ed. 2d 38, 1998 U.S. LEXIS 4815 (U.S. 1998), reh'g denied, 1998 Wyo. LEXIS 19 (Wyo. Feb. 17, 1998).

Termination for inability to work not violative of public policy.—

Although it is violative of public policy to discharge an employee for exercising his rights under this chapter, there is a distinction between a termination for the exercise by the worker of his rights and a termination for the inability to do the work, even if such inability is caused by an accident requiring the exercise of worker's compensation rights. Lankford v. True Ranches, 822 P.2d 868, 1991 Wyo. LEXIS 194 (Wyo. 1991).

Trial court is not required to invoke inferences favorable to claimant in order to fill in the gaps in the proof designed to establish his entitlement to compensation. The rule in assessing the sufficiency of the evidence is that favorable inferences are drawn only from the prevailing party's evidence. Nickerson v. State, 740 P.2d 399, 1987 Wyo. LEXIS 482 (Wyo. 1987).

Rule of liberality is not to be related to the evidence offered. Olson v. Federal Am. Partners, 567 P.2d 710, 1977 Wyo. LEXIS 312 (Wyo. 1977).

Burden of proof. —

The Worker's Compensation Act is liberally construed in favor of the employee, but the burden is on the claimant to prove the facts required for claim allowance, and the decision of the trial court will be sustained if supported by substantial evidence. Hampton v. All Field Serv., 726 P.2d 98, 1986 Wyo. LEXIS 622 (Wyo. 1986).

The Worker's Compensation Act should be liberally construed in favor of the workman when possible, but, nevertheless, the workman has the burden of proof of the injury of compensability, and the trial court's compensation decision will be sustained if supported by substantial evidence. Tate v. Colling Prod. Serv., 726 P.2d 100, 1986 Wyo. LEXIS 620 (Wyo. 1986).

As a result of societal factors motivating the electorate to adopt art. 10, § 4, Wyo. Const., and the legislature to provide comprehensive legislation, there has been invoked a basic tenet that the Worker's Compensation Law must be construed with reasonable liberality to protect persons suffering casualties in industry and to avoid incongruous results. However the employee must prove all of the essential facts required for claim allowance and the decision of the trial court will be sustained if supported by substantial evidence. Flint Eng'g & Constr. Co. v. Richardson, 726 P.2d 511, 1986 Wyo. LEXIS 624 (Wyo. 1986).

Equitable estoppel. —

Equitable estoppel arises and is permitted under the Worker's Compensation Act; the language eliminating the liberal construction rule and mandating the quick and efficient delivery of benefits in § 27-14-101(b) does not operate to change the application of equitable estoppel under the Appleby v. State ex rel. Wyo. Workers' Safety & Comp. Div., 2002 WY 84, 47 P.3d 613, 2002 Wyo. LEXIS 89 (Wyo. 2002).

Prima facie case of retaliatory discharge not established.—

An employee failed to meet her evidentiary burden in establishing a prima facie case of retaliatory discharge because the mere proximity between the filing of her worker's compensation claim and her subsequent discharge was not persuasive in light of evidence advanced by the employer of claim-preceding periods of permitted leave, effects to accommodate for physical problems, and the employee's inability to perform her assignments. Cardwell v. American Linen Supply, 843 P.2d 596, 1992 Wyo. LEXIS 189 (Wyo. 1992).

No unreasonable classification. —

The Workmen's (now Worker's) Compensation Act is not based on unreasonable classification. Ideal Bakery v. Schryver, 43 Wyo. 108, 299 P. 284, 1931 Wyo. LEXIS 13 (1931), citing art. 1, § 34, Wyo. Const.

Limited liability accident insurance. —

Workmen's (now Worker's) Compensation Act was not intended to give compensation as damages, but is in nature of accident insurance, a compromise between employers and employees, whereby in exchange for limited liability employer pays some claims where in the past no liability existed. Fuhs v. Swenson, 58 Wyo. 293, 131 P.2d 333, 1942 Wyo. LEXIS 24 (Wyo. 1942).

The Wyoming Compensation Act is in the nature of accident insurance and is not intended to give compensation as damages. Markle v. Williamson, 518 P.2d 621, 1974 Wyo. LEXIS 183 (Wyo. 1974).

Legislature is proper source of all changes in the Workmen's (now Worker's) Compensation Law and not the courts. Christensen v. Sikora, 57 Wyo. 57, 112 P.2d 557, 1941 Wyo. LEXIS 15 (1941).

And it has the power to attach conditions to the payments to be made under the Workmen's (now Worker's) Compensation Law of this state even though a condition affects an amount recovered from a third party. Brown v. State, 79 Wyo. 355, 334 P.2d 502, 1959 Wyo. LEXIS 9 (Wyo. 1959).

Temporary absence from state. —

Act held applicable to injuries to workmen employed in the state while temporarily out of its limits. Baldwin v. Byrne, 53 Wyo. 519, 86 P.2d 1095, 1939 Wyo. LEXIS 48 (1939).

Provisions in force at time of injury govern. State ex rel. Director, Worker's Compensation Div. v. Tallman, 589 P.2d 835, 1979 Wyo. LEXIS 346 (Wyo. 1979).

When cause of action begins. —

In a worker's compensation case, a “cause of action” exists in favor of an employee at the time he receives an injury arising out of an industrial accident occurring during the course of his employment. State ex rel. Director, Worker's Compensation Div. v. Tallman, 589 P.2d 835, 1979 Wyo. LEXIS 346 (Wyo. 1979).

Injuries within scope of employment are compensable. —

Trial court erred when it affirmed a decision denying workers' compensation benefits after an employer refused to reimburse its injured employee for travel expenses after the employee had been injured in a car accident where the trip to deliver a truck belonging to the employer, a truck driving school, was clearly within the scope of employment and it was obvious that the denial of reimbursement for the return trip was solely motivated by the employer's desire to exclude the employee from receiving worker's compensation benefits. Lloyd v. State ex rel. Wyo. Workers' Safety & Compensation Div., 2004 WY 85, 93 P.3d 1001, 2004 Wyo. LEXIS 110 (Wyo. 2004).

Previously existing condition. —

Repair of claimants preexisting arteriovenous malformation was not compensable under the Wyoming Workers' Compensation Act. Haynes v. State ex rel. Wyoming Workers' Comp. Div., 962 P.2d 876, 1998 Wyo. LEXIS 107 (Wyo. 1998).

Applied in

SOS Staffing Servs., Inc. v. Fields, 2002 WY 141, 2002 Wyo. LEXIS 154 , 54 P.3d 761 (Wyo. 2002); Ball v. State Ex Rel. Wyo. Workers' Safety & Comp. Div., 2010 WY 128, 239 P.3d 621, 2010 Wyo. LEXIS 136 (Sept. 22, 2010).

Quoted in

Painter v. State ex rel. Wyoming Worker's Compensation Div., 931 P.2d 953, 1997 Wyo. LEXIS 25 (Wyo. 1997), overruled on other grounds, Vaughn v. State, 962 P.2d 149, 1998 Wyo. LEXIS 97 (Wyo. 1998); Carson v. Wyo. Workers' Safety & Comp. Div., 2014 WY 42, 2014 Wyo. LEXIS 44 (Mar 31, 2014); Hildebrant v. State ex rel. Dep't of Workforce Servs., 2015 WY 41, 2015 Wyo. LEXIS 46 (Mar. 24, 2015).

Stated in

Casper Oil Co. v. Evenson, 888 P.2d 221, 1995 Wyo. LEXIS 6 (Wyo. 1995).

Cited in

State ex rel. Wyo. Workers' Comp. Div. v. Gerdes, 951 P.2d 1170, 1997 Wyo. LEXIS 157 (Wyo. 1997); Medical Commission. French v. Amax Coal West, 960 P.2d 1023, 1998 Wyo. LEXIS 121 (Wyo. 1998); Moller v. State ex rel. Wyoming Workers' Safety & Comp. Div., 12 P.3d 702, 2000 Wyo. LEXIS 211 (Wyo. 2000); Stuarte v. Colorado Interstate Gas Co., 130 F. Supp. 2d 1263, 2001 U.S. Dist. LEXIS 551 (D. Wyo. 2001); Merrill v. Jansma, 2004 WY 26, 86 P.3d 270, 2004 Wyo. LEXIS 32 (2004); Torres v. State ex rel. Wyo. Workers' Safety & Comp. Div., 2005 WY 7, 105 P.3d 101, 2005 Wyo. LEXIS 9 (2005); In re Worker's Compensation Claim v. State Ex Rel. Wyoming Workers' Safety & Compensation Div., 2006 WY 65, 135 P.3d 568, 2006 Wyo. LEXIS 72 (Wyo. May 31, 2006).

Law reviews. —

For note on 50 years of workmen's compensation, see 16 Wyo. L.J. 26 (1961).

For comment on Markle v. Williamson, 518 P.2d 621, 1974 Wyo. LEXIS 183 (Wyo. 1974), see X Land & Water L. Rev. 263 (1975).

For article, “The Wyoming Uninsured Motorist Act: A Regulatory Reconciliation of Mandated Coverages with the Standard Uninsured Motorist Endorsement,” see XI Land & Water L. Rev. 213 (1976).

For note, “Fixing Liability in Occupational Disease Cases,” see XIII Land & Water L. Rev. 1051 (1978).

Am. Jur. 2d, ALR and C.J.S. references. —

Insurance carrier's liability for part of employer's liability attributable to violation of law or other misconduct on his part, 1 ALR2d 407.

Application for, or award, denial or acceptance of, compensation under state workmen's compensation act as precluding action under Federal Employers' Liability Act by one engaged in interstate commerce within that act, 6 ALR2d 581.

Voluntary payment of compensation under statute of one state as bar to claim, or ground for reduction of claim, of compensation under statute of another state, 8 ALR2d 628.

Waiver and estoppel in regard to insurer's denial of renewal of policy, 85 ALR2d 1410.

Application for, or receipt of, unemployment compensation benefits as affecting claim for workmen's compensation, 96 ALR2d 941.

Handling, preparing, presenting or trying workmen's compensation claims or cases as practice of law, 2 ALR3d 724.

Provision for indemnifying insurer against, or reimbursing it for, liability which it may incur to persons injured in policy under workmen's compensation act, 29 ALR3d 291.

Insured's receipt of or right to workmen's compensation benefits as affecting recovery under accident, hospital or medical expense policy, 40 ALR3d 1012.

Homeowners' or personal liability insurance as providing coverage for liability under workmen's compensation laws, 41 ALR3d 1306.

Mental disorders as compensable under workmen's compensation acts, 97 ALR3d 161.

Modern status of effect of state workmen's compensation act on right of third-person tortfeasor to contribution or indemnity from employer of injured or killed workman, 100 ALR3d 350.

Industrial accidents involving conveyor belts or systems, 2 ALR4th 262.

Recovery for discharge from employment in retaliation for filing workers' compensation claim, 32 ALR4th 1221.

Liability of employer, supervisor or manager for intentionally or recklessly causing employee emotional distress, 52 ALR4th 853.

Workers' compensation: effect of allegation that injury was caused by, or occurred during course of, worker's illegal conduct, 73 ALR4th 270.

Workers' compensation: compensability of injuries incurred traveling to or from medical treatment of earlier compensable injury, 83 ALR4th 110.

Presumption or inference that accidental death of employee engaged in occupation of manufacturing or processing arose out of and in course of employment, 47 ALR5th 801.

Handling, preparing, presenting, or trying workers' compensation claims or cases as practice of law, 58 ALR5th 449.

Workers' compensation: availability, rate, or method of calculation of interest on attorney's fees or penalties, 79 ALR5th 201.

Right to workers' compensation for emotional distress or like injury suffered by claimant as a result of sudden emotional stimuli involving personnel action, 82 ALR5th 149.

Library References.

Larson's Workers' Compensation Law § 130.08D (Matthew Bender).

§ 27-14-102. Definitions.

1. As used in this act:
   1. “Artificial replacement” means the addition of an artificial part to the human body which replaces a part lost, damaged or in need of correction, excluding any personal item, artificial heart, automobile or the remodeling of an automobile or other physical structure or any item of furniture except as provided by rule and regulation of the division. If a wheelchair is approved by the division for use during impairment or disability, “artificial replacement” may include necessary cost effective physical structures such as ramps, automobile devices or remodeling, bars and rails, and other necessary equipment or devices aiding the body during impairment or disability, subject to the following criteria:
      1. A physical structure for which artificial replacement is claimed shall be the primary residence of the claimant;
      2. Only one (1) automobile at a time shall be eligible for devices or remodeling under this paragraph.
   2. “Ascertainable loss” means that point in time in which it is apparent that permanent physical impairment has resulted from a compensable injury, the extent of the physical impairment due to the injury can be determined and the physical impairment will not substantially improve or deteriorate because of the injury;
   3. “Child” means any unmarried minor or physically or mentally incapacitated individual receiving court ordered support or substantially all of his financial support from the employee at the time of injury or death of the employee and includes an adopted child, stepchild, posthumous child or acknowledged illegitimate child but does not include a parent or spouse of the employee;
   4. “Delinquent payment” means any payment required of an employer under this act which is not paid within thirty (30) days after the date due as specified by this act;
   5. “Administrator” means the administrator of the division;
   6. “Division” means the worker’s compensation division within the department of workforce services;
   7. “Employee” means any person engaged in any extrahazardous employment under any appointment, contract of hire or apprenticeship, express or implied, oral or written, and includes student learners engaged in any extra hazardous employment, legally employed minors, aliens authorized to work by the United States department of justice, office of citizenship and immigration services, and aliens whom the employer reasonably believes, at the date of hire and the date of injury based upon documentation in the employer’s possession, to be authorized to work by the United States department of justice, office of citizenship and immigration services. “Employee” does not include:
      1. Any individual whose employment is determined to be casual labor;
      2. A sole proprietor or a partner of a business partnership unless coverage is elected pursuant to W.S. 27-14-108(k);
      3. An officer of a corporation unless coverage is elected pursuant to W.S. 27-14-108(k);
      4. Any individual engaged as an independent contractor;
      5. A spouse or dependent of an employer living in the employer’s household;
      6. A professional athlete, except as provided in W.S. 27-14-108(q);
      7. An employee of a private household;
      8. A private duty nurse engaged by a private party;
      9. An employee of the federal government;
      10. Any volunteer unless covered pursuant to W.S. 27-14-108(e);
      11. Any adult or juvenile prisoner or probationer unless covered pursuant to W.S. 27-14-108(d)(ix);
      12. [Effective until January 2, 2023] An elected public official or an appointed member of any governmental board or commission, except for a duly elected or appointed county officer; (N) [Effective January 2, 2023] An elected public official or an appointed member of any governmental board or commission, except for a duly elected or appointed county officer or a member of the legislature;
      13. 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;
      14. A member of a limited liability company unless coverage is elected pursuant to W.S. 27-14-108(k);
      15. A foster parent providing foster care services for the department of family services or for a certified child placement agency;
      16. An individual providing child day care or babysitting services, whose wages are subsidized or paid in whole or in part by the Wyoming department of family services. This exclusion from coverage does not exclude from coverage an individual providing child day care or babysitting services as an employee of any individual or entity other than the Wyoming department of family services;
      17. A responsible broker, associate broker or salesperson licensed under the Real Estate License Act, W.S. 33-28-101 through 33-28-401 , who receives compensation for the services identified in W.S. 33-28-102(b)(xlv). The receipt of additional compensation for the performance of other real estate related services shall not negate this exemption.
   8. “Employee” means any person engaged in any extra hazardous employment under any appointment, contract of hire or apprenticeship, express or implied, oral or written, and includes student learners engaged in any extra hazardous employment, legally employed minors, aliens authorized to work by the United States department of justice, office of citizenship and immigration services, and aliens whom the employer reasonably believes, at the date of hire and the date of injury based upon documentation in the employer’s possession, to be authorized to work by the United States department of justice, office of citizenship and immigration services. “Employee” does not include:
      1. Repealed by Laws 1999, ch. 46, § 2.
      2. The governmental entity for which recipients of public assistance perform work if that work does not otherwise establish a covered employer and employee relationship;
      3. The governmental entity for which volunteers perform the specified volunteer activities under W.S. 27-14-108(e);
      4. The governmental entity for which prisoners and probationers work or perform community service under W.S. 27-14-108(d)(ix) or (xv);
      5. An owner-operator of a mine at which any mine rescue operation or training occurs;
      6. A temporary service contractor for a temporary worker;
      7. Any person, contractor, firm, association or corporation otherwise qualifying under this paragraph as an employer and who utilizes the services of a worker furnished by another contractor, joint employer, firm, association, person or corporation other than a temporary service contractor, joint employer, independent contractor or owner and operator excluded as an employee under subparagraph (a)(vii)(O) of this section;
      8. Any employer otherwise qualifying under this paragraph as an employer and participating in a school-to-work program approved by the department of workforce services, any local school district board of trustees, community college district board of trustees or the department of education, and the employer previously elected coverage in writing pursuant to W.S. 27-14-108(m);
      9. Any corporation, limited liability company, partnership or sole proprietorship electing coverage pursuant to W.S. 27-14-108(k), whether or not the corporation, limited liability company, partnership or sole proprietorship has other employees covered by this act;
      10. A collective group of county governments or county governmental entities as specified under W.S. 27-14-109 .
   9. “Gross earnings” means remuneration payable for services from any source including commissions, bonuses and cash and excluding tips and gratuities. The reasonable cash value of remuneration other than cash or check shall be prescribed by rule and regulation of the division. To the extent the following are not considered wages under 26 U.S.C. §§ 3301 through 3311, “gross earnings” does not include:
      1. Any premium paid by an employer 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 employer;
      2. A payment by an employer not deducted from an employee’s remuneration for the tax imposed under 26 U.S.C. § 3101;
      3. Any dismissal payment which the employer is not obligated to make;
      4. 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;
      5. Remuneration received by an employee as sick pay following a six (6) month continuous period of illness;
      6. Any benefit received under a cafeteria plan specified by 26 U.S.C. § 125, excluding cash;
      7. Wages of a deceased worker paid to a beneficiary or estate following the calendar year of the worker’s death;
      8. Services received under any dependent care assistance program to the extent excluded from gross income under 26 U.S.C. § 129;
      9. Wages paid to a disabled worker during the year following the year in which he became entitled to disability insurance benefits under the Social Security Act;
      10. Services or benefits received under any educational assistance program;
      11. Any benefit or other value received under an employee achievement award;
      12. The value of any qualified group legal services plan to the extent payments are excludable from gross income under 26 U.S.C. § 120;
      13. Costs of group term-life insurance;
      14. Any loan repayment which is repaid at interest rates below established market rates;
      15. Any moving expenses;
      16. Employer contributions to any qualified retirement or pension plan or individual retirement account and distributions from qualified retirement and pension plans and annuities under 26 U.S.C. § 403(b);
      17. Benefit payments under any supplemental unemployment compensation plan; and
      18. Any benefits paid under this act or any other worker’s compensation law of another state.
   10. “Health care provider” means doctor of medicine, chiropractic or osteopathy, dentist, optometrist, podiatrist, psychologist or advanced practitioner of nursing, acting within the scope of his license, licensed to practice in this state or in good standing in his home state;
   11. “Injury” means any harmful change in the human organism other than normal aging and includes damage to or loss of any artificial replacement and death, arising out of and in the course of employment while at work in or about the premises occupied, used or controlled by the employer and incurred while at work in places where the employer’s business requires an employee’s presence and which subjects the employee to extrahazardous duties incident to the business. “Injury” does not include:
       1. Any illness or communicable disease unless the risk of contracting the illness or disease is increased by the nature of the employment. For the period beginning January 1, 2020 through March 31, 2022 unless otherwise extended by the legislature, if any employee in an employment sector for which coverage is provided by this act is infected with the COVID-19 Coronavirus, it shall be presumed that the risk of contracting the illness or disease was increased by the nature of the employment;
       2. Injury caused by:
          1. The fact the employee is intoxicated or under the influence of a controlled substance, or both, except any prescribed drug taken as directed by an authorized health care provider. The division shall define “intoxicated” and “under the influence of a controlled substance” for purposes of this subparagraph in its rules and regulations; or
          2. The employee’s willful intention to injure or kill himself or another.
       3. Injury due solely to the culpable negligence of the injured employee;
       4. Any injury sustained during travel to or from employment unless the employee is reimbursed for travel expenses or is transported by a vehicle of the employer;
       5. Any injury sustained by the prisoner during or any harm resulting from any illegal activity engaged in by prisoners held under custody;
       6. Any injury or condition preexisting at the time of employment with the employer against whom a claim is made;
       7. Any injury resulting primarily from the natural aging process or from the normal activities of day-to-day living, as established by medical evidence supported by objective findings;
       8. Any injury sustained while engaged in recreational or social events under circumstances where an employee was under no duty to attend and where the injury did not result from the performance of tasks related to the employee’s normal job duties or as specifically instructed to be performed by the employer; or
       9. Any mental injury unless it is:
          1. Caused by a compensable physical injury, it occurs subsequent to or simultaneously with, the physical injury and it is established by clear and convincing evidence, which shall include a diagnosis by a licensed psychiatrist, licensed clinical psychologist or psychiatric mental health nurse practitioner meeting criteria established in the most recent edition of the diagnostic and statistical manual of mental disorders published by the American Psychiatric Association. In no event shall benefits for a compensable mental injury under this subdivision be paid for more than thirty-six (36) months after an injured employee’s physical injury has healed to the point that it is not reasonably expected to substantially improve;or
          2. Experienced by a first responder and established by clear and convincing evidence, which shall include a diagnosis by a licensed psychiatrist, licensed clinical psychologist or psychiatric mental health nurse practitioner meeting criteria established in the most recent edition of the diagnostic and statistical manual of mental disorders published by the American Psychiatric Association. The mental injury shall not be considered a compensable injury if the mental injury is directly attributed to disciplinary action, work evaluation, job transfer, layoff, demotion, termination or similar action taken by an employer. In no event shall any disability benefit for a compensable mental injury under this subdivision extend more than thirty-six (36) months beyond the diagnosis of a compensable injury.
   12. “Medical and hospital care” when provided by a health care provider means any reasonable and necessary first aid, medical, surgical or hospital service, medical and surgical supplies, apparatus, essential and adequate artificial replacement, body aid during impairment, disability or treatment of an employee pursuant to this act including the repair or replacement of any preexisting artificial replacement, hearing aid, prescription eyeglass lens, eyeglass frame, contact lens or dentures if the device is damaged or destroyed in an accident and any other health services or products authorized by rules and regulations of the division. “Medical and hospital care” does not include any personal item, automobile or the remodeling of an automobile or other physical structure, public or private health club, weight loss center or aid, experimental medical or surgical procedure, item of furniture or vitamin and food supplement except as provided under rule and regulation of the division and paragraph (a)(i) of this section for impairments or disabilities requiring the use of wheelchairs;
   13. “Nonresident employer” means:
       1. An individual who was not domiciled in Wyoming for at least twelve (12) months prior to commencing operations in the state; or
       2. A partnership or other association if any member does not qualify under subparagraph (A) of this paragraph; or
       3. A corporation in which more than three-fourths (3/4) of the capital stock is owned by individuals who do not qualify under subparagraph (A) of this paragraph; and
       4. A person who uses or employs covered individuals in Wyoming and who has not been a continuous contributor under this act for twelve (12) months preceding the use or employment.
   14. “Payroll” means “gross earnings” as defined under paragraph (a)(ix) of this section;
   15. “Permanent partial disability” means the economic loss to an injured employee, measured as provided under W.S. 27-14-405 (j), resulting from a permanent physical impairment;
   16. “Permanent total disability” means the loss of use of the body as a whole or any permanent injury certified under W.S. 27-14-406 , which permanently incapacitates the employee from performing work at any gainful occupation for which he is reasonably suited by experience or training;
   17. “Spouse” means any individual legally married to an employee at the time of injury or death;
   18. “Temporary total disability” means that period of time an employee is temporarily and totally incapacitated from performing employment at any gainful employment or occupation for which he is reasonably suited by experience or training. The period of temporary total disability terminates at the time the employee completely recovers or qualifies for benefits under W.S. 27-14-405 or 27-14-406 ;
   19. “Joint employer” means any person, firm, corporation or other entity which employs joint employees, is associated by ownership, commonly managed or controlled and contributes to the worker’s compensation account as required by this act;
   20. “Employer making contributions required by this act” means the employee’s employer and any joint employer when the employer or any joint employer reports the employee’s wages to the division on an account or through a consolidated worker’s compensation account and contributions are made to the account as required by this act;
   21. “Joint employee” means any person:
       1. Who has an express or implied contract for employment with more than one (1) joint employer at the same time;
       2. Whose work is controlled by more than one (1) joint employer; and
       3. Who is engaged in the performance of work for more than one (1) joint employer.
   22. “Consolidated Wyoming worker’s compensation account” means an account maintained by the Wyoming workers’ compensation division to which an employer reports the wages of its employees and joint employees for its own account and the account of its joint employers, pursuant to which contributions are made to the account as required by this act;
   23. “Independent contractor” means an individual who performs services for another individual or entity and:
       1. Is free from control or direction over the details of the performance of services by contract and by fact;
       2. Repealed by Laws 1998, ch. 117, § 2.
       3. Represents his services to the public as a self-employed individual or an independent contractor; and
       4. May substitute another person to perform his services.
   24. “Casual labor” means service of less than two (2) consecutive weeks and not within the normal course of business;
   25. “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;
   26. “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;
   27. “This act” means W.S. 27-14-101 through 27-14-806 ;
   28. “State employee” means any individual entering into service of or working under an employment contract with any agency of the state of Wyoming for which compensation is paid or which qualifies the individual to participate in the state retirement account. Effective on and after July 1, 2002, “state employee” shall include the University of Wyoming;
   29. “Professional athlete” means an individual who receives payment from a team owner for competing on a baseball, basketball, football, hockey or soccer team having its principal place of business in Wyoming;
   30. For purposes of W.S. 27-14-207 and 27-14-806 , “person” means as defined in W.S. 8-1-102 ;
   31. “First responder” means a peace officer or an employee who is employed or volunteers as a firefighter, search and rescue personnel or ambulance personnel;
   32. [Effective January 2, 2023] “Member of the legislature” means a duly elected or appointed member of the Wyoming legislature commencing when the member’s term begins if elected or upon being sworn into office if appointed and until such time as the member’s seat is vacated as provided in W.S. 22-18-101 or the member’s term ends;
   33. “Student learner” means a person between the ages of sixteen (16) years and eighteen (18) years who is currently enrolled in a Wyoming school district, community college or technical school and who enters into a student training agreement with an employer pursuant to a student learner agreement between the employer and the student learner’s school district. For purposes of this act, a student learner shall be considered an employee under paragraph (vii) of this subsection;
   34. “Student learner agreement” means an agreement between a Wyoming school district, community college or technical school and an employer that:
       1. Authorizes an employer to provide vocational training and work experience to student learners;
       2. Provides for the student learner to receive course credit from the school district, community college or technical school for completing the vocational training or both course credit and compensation from the employer;
       3. Specifies terms and conditions for any student learner who is not eighteen (18) years of age in accordance with federal law and regulation concerning the performance of certain particularly hazardous work as defined by federal regulation;
       4. Authorizes the student learner to be covered under the worker’s compensation program established under this act.
   35. “Student training agreement” means an agreement entered into between an employer and a student of a school district, community college or technical school with a student learner agreement with the employer and that specifies the terms and conditions included in the student learner agreement and that is subject to the provisions of W.S. 27-14-110 . For students under the age of eighteen (18), a student training agreement shall be signed by the student’s parent or guardian unless the student is an emancipated minor under W.S. 14-1-201 through 14-1-206 .

History. Laws 1986, Sp. Sess., ch. 3, § 3; 1987, ch. 31, § 1; ch. 94, § 1; 1989, ch. 29, § 1; ch. 226, § 1; 1990, ch. 7, § 1; ch. 63, § 2; 1991, ch. 88, § 1; ch. 140, § 1; ch. 241, § 3; 1993, ch. 113, § 1; ch. 216, § 1; 1994, ch. 86, § 2; 1995, ch. 121, § 2; ch. 205, § 1; 1996, ch. 82, § 1; 1997, ch. 93, § 1; ch. 177, § 1; 1998, ch. 54, § 1; ch. 117, § 2; 1999, ch. 46, § 2; ch. 194, § 1; 2001, ch. 132, § 1; 2002 Sp. Sess., ch. 10, § 1; ch. 100, § 3; 2003, ch. 44, § 1; ch. 97, § 1; ch. 138, § 1; 2005, ch. 185, § 2; ch; 2009, ch. 156, § 1; 2012, ch. 1, § 1; ch. 98, § 1; 2014, ch. 22, § 1; 2015, ch. 133, § 1; 2017, ch. 89, § 2; 2018, ch. 6, § 1; 2020, ch. 156, § 1; ch. 160, § 1; 2020, 1st Sp. Sess., ch. 2, § 1; 2021, ch. 118, § 2; ch. 160, § 2.

The 2005 amendments. —

The first 2005 amendment, by ch. 185, § 2, effective July 1, 2005, in (a)(vii), substituted “office of citizenship and immigration services” for “immigration and naturalization service”; and inserted “and aliens whom the employer reasonably believes, at the date of hire and the date of injury based upon documentation in the employer's possession, to be authorized to work by the United States department of justice, office of citizenship and immigration services”; in (a)(xi)(B)(I), inserted the second sentence, and added (a)(xxx).

The second 2005 amendment, by ch. 231, § 1, effective July 1, 2005, substituted “account” for “fund” in (a)(xx), (a)(xxii), and (a)(xxviii).

See conflicting legislation note. This section is set out above incorporating changes made by both 2005 acts.

The 2009 amendment, effective July 1, 2009, in (a)(vii)(B), inserted “unless coverage is elected pursuant to W.S. 27-14-108(k)” at the end.

The 2012 amendments. —

The first 2012 amendment, by ch. 1, § 1, effective July 1, 2012, substituted “workforce services” for “employment” in (a)(vi).

The second 2012 amendment, substituted “27-14-806” for “27-14-805” in (a)(xxvii).

Laws 2012, ch. 98 § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 15, 2012.

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2014 amendment, effective July 1, 2014, in (a)(viii), inserted “or (k)”; and added (a)(viii)(J).

The 2015 amendment, effective July 1, 2015, in (a)(vii)(N), substituted “appointed county officer” for “appointed sheriff or county coroner.”

The 2017 amendment, effective July 1, 2017, in (a)(viii), added (K).

The 2018 amendment, effective July 1, 2018, added (a)(vii)(S).

The 2020 amendments. —

The first 2020 amendment, by ch. 156, § 1, effective January 2, 2023, in (a)(vii)(N) added “or a member of the legislature” at the end; and added (a)(xxxii).

The second 2020 amendment, by ch. 160, § 1, effective July 1, 2020, redesignated (a)(xi)(J) as the introductory language of (a)(xi)(J) and (a)(xi)(J)(I); in (a)(xi)(J)(I) added “or psychiatric mental health nurse practitioner” following “psychologist,” substituted “mental injury under this subdivision be paid” for “mental injury be paid” and “thirty-six (36) months” for “six (6) months,” and made related changes; added (a)(xi)(J)(II) and made related changes; and added (a)(xxxi).

The third 2020 amendment, by 1st Sp. Sess., ch. 2, § 1, in (a)(xi)(A), added the last sentence.

Laws 2020, 1st Sp. Sess., ch. 2, § 7 makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved May 20, 2020.

This section is set out as reconciled by the Wyoming legislative service office.

The 2021 amendments. —

The first 2021 amendment, by ch. 118, § 2, substituted "March 31, 2022 unless otherwise extended by the legislature" for "December 30, 2020" in (a)(xi)(A).

Laws 2021, ch. 118, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 6, 2021.

The second 2021 amendment, by ch. 160, § 2, effective July 1, 2021, added "student learners engaged in any extra hazardous employment," in (a)(vii); and added (a)(xxxiii) through (a)(xxxv).

Editor's notes. —

There is no subparagraph (a)(vii)(I), (a)(vii)(L), (a)(ix)(I), (a)(ix)(L), or (a)(xi)(I) or subsection (b) in this section as it appears in the printed acts.

U.S. Code. —

The Federal Insurance Contributions Act is codified at 26 U.S.C. 3301 et. seq. The Social Security Act is codified throughout article 42 of the United States Code. The Federal Unemployment Tax Act is codified at 26 U.S.C. 3301 et. seq.

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

Laws 2005, ch. 98, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

• I. General Consideration.
• II. Employment.
  • A. In General.
  • B. Employee.
  • C. Independent Contractor.
  • D. Casual Employment.
  • E. Scope and Course of Employment.
• III. Injury.

1. Scope.

2. Course.

§ 27-14-103. [Repealed.]

Repealed by Laws 1991, ch. 190, § 2.

Editor's notes. —

This section, which derived from Laws 1986, Sp. Sess., ch. 3, § 3, related to extrahazardous occupations.

This section was purportedly amended by Laws 1991, ch. 161, § 3 and Laws 1991, ch. 221, § 2, but those amendments were not given effect due to the repeal of this section by Laws 1991, ch. 190, § 2.

§ 27-14-104. Exclusive remedy as to employer; nonliability of co-employees; no relief from liability; rights as to delinquent or noncontributing employer.

1. The rights and remedies provided in this act for an employee including any joint employee, and his dependents for injuries incurred in extrahazardous employments are in lieu of all other rights and remedies against any employer and any joint employer making contributions required by this act, or their employees acting within the scope of their employment unless the employees intentionally act to cause physical harm or injury to the injured employee, but do not supersede any rights and remedies available to an employee and his dependents against any other person.
2. No contract, rule, regulation or device shall operate to relieve an employer from any liability created by this act except as otherwise provided by this act.
3. This act does not limit or affect any right or action by any employee and his dependents against an employer for injuries received while employed by the employer when the employer at the time of the injuries has not qualified under this act for the coverage of his eligible employees, or having qualified, has not paid the required premium on an injured employee’s earnings within thirty (30) days of the date due. When an employee’s employment starts within the same month as the injury, the status of delinquency or not contributing shall not apply until after the regular payroll reporting date.

History. Laws 1986, Sp. Sess., ch. 3, § 3; 1989, ch. 226, § 1; 1993, ch. 47, § 1; 1995, ch. 205, § 1.

Cross references. —

For general provision that contracts exempting employer from liability shall be void, see § 27-1-105 .

As to action against third party liable for damages for injury, see § 27-14-105 .

For constitutional provision that damages for personal injuries or death shall not be limited, see art. 10, § 4, Wyo. Const.

For provision prohibiting contracts exempting employer from liability for personal injuries, see art. 19, § 7, Wyo. Const.

Meaning of “this act.” —

See note under same catchline following § 27-14-101 .

Constitutionality. —

The provision for extrahazardous employment herein was not unreasonable classification under art. 1, § 34, Wyo. Const.Ideal Bakery v. Schryver, 43 Wyo. 108, 299 P. 284, 1931 Wyo. LEXIS 13 (Wyo. 1931).

Subsection (a) is constitutional. Meyer v. Kendig, 641 P.2d 1235, 1982 Wyo. LEXIS 310 (Wyo. 1982).

A rational basis exists for treating the employer differently from his employees with respect to the extent of immunity under subsection (a). Mauch v. Stanley Structures, 641 P.2d 1247, 1982 Wyo. LEXIS 309 (Wyo. 1982); Parker v. Energy Dev. Co., 691 P.2d 981, 1984 Wyo. LEXIS 350 (Wyo. 1984).

This section, which extends the immunity of employers to co-employees acting within the scope of their employment, is unconstitutional as a violation of equal protection because it infringes the fundamental right of access to the courts. Mills v. Reynolds, 837 P.2d 48, 1992 Wyo. LEXIS 92 (Wyo. 1992) (decided prior to 1993 amendment).

The district court erred in its dismissal order of plaintiff's wrongful death action against her deceased husband's co-employees because the retroactive application of Mills v. Reynolds, 837 P.2d 48, 1992 Wyo. LEXIS 92 (Wyo. 1992) to this section renders its statutory grant of co-employee absolute immunity unconstitutional. McKennan v. Newman, 843 P.2d 602, 1992 Wyo. LEXIS 190 (Wyo. 1992) (decided prior to the 1993 amendment).

This section, which, under the Wyoming worker's compensation scheme, granted immunity from suits by co-employees to employees who were acting within the scope of their employment, is unconstitutional because it violated the Wyoming Constitution's guarantee of equal protection. Mills v. Reynolds, 837 P.2d 48, 1992 Wyo. LEXIS 92 (Wyo. 1992) (decided prior to the 1993 amendment).

Liability of co-employee for intentional, unreasonable, act.—

While two co-employee supervisors were entitled to judgment as a matter of law on employee’s injury claim because the employee failed to establish any genuine issues of material fact as to whether the supervisors willfully disregarded the need to act despite awareness that a machine could cause serious injury or death, a third co-employee supervisor was not entitled to judgment as a matter of law because the facts as to whether the supervisor’s inaction was willful or merely inadvertent were in genuine dispute and were to be decided by a jury. Ramirez v. Brown, 2020 WY 79, 466 P.3d 285, 2020 Wyo. LEXIS 89 (Wyo. 2020).

Worker's compensation laws were enacted as a form of industrial insurance for victims of industrial accidents, regardless of any fault or breach of duty on the part of the employer. Meyer v. Kendig, 641 P.2d 1235, 1982 Wyo. LEXIS 310 (Wyo. 1982).

Construction. —

Concept of willful and wanton misconduct has essentially the same legal effect as the language “intentionally act to cause physical harm or injury” in Wyo. Stat. Ann. § 27-14-104(a). Formisano v. Gaston, 2011 WY 8, 246 P.3d 286, 2011 Wyo. LEXIS 9 (Wyo. 2011).

Subsection (a) limits actions brought by surviving relatives or administratrix of deceased's estate. Mauch v. Stanley Structures, 641 P.2d 1247, 1982 Wyo. LEXIS 309 (Wyo. 1982).

Immunity from suit exists for employer contributing to worker's compensation fund without regard to negligence, whether culpable or ordinary. Mauch v. Stanley Structures, 641 P.2d 1247, 1982 Wyo. LEXIS 309 (Wyo. 1982).

“Contract for hire” unnecessary for “employer” status. —

The existence of a “contract for hire” is not a necessary prerequisite to a defendant's status as an “employer” for purposes of workers' compensation immunity. In the absence of a joint employment dispute, an employee who agrees to be “employed” without a contract but is mistaken about the identity of his actual employer is not necessarily prejudiced, but must affirmatively demonstrate either that the employee suffered harm because of being mistaken about the identity of his employer, or that his mistake about the employer's identity was due to bad faith or fraud by the employer. Clark v. Industrial Co., 818 P.2d 626, 1991 Wyo. LEXIS 154 (Wyo. 1991).

Contributing employer's immunity is absolute regardless of whether its behavior amounted to culpable negligence or an intentional tort. Wessel v. Mapco, Inc., 752 P.2d 1363, 1988 Wyo. LEXIS 38 (Wyo. 1988), reh'g denied, 1988 Wyo. LEXIS 72 (Wyo. Apr. 26, 1988).

Section does not limit or affect right of action against unqualified employer. —

The clear import of this section is that, when an employer is not qualified under this chapter at the time of injury to an employee, the employer has no immunity. Robinson v. Bell, 767 P.2d 177, 1989 Wyo. LEXIS 11 (Wyo. 1989).

Immunity not available to noncontributing parent company. —

Immunity from suit based on worker's compensation laws is not available to the parent company (of the subsidiary corporation-employer) that does not contribute to the fund. Fiscus v. Atlantic Richfield Co., 742 P.2d 198, 1987 Wyo. LEXIS 505 (Wyo. 1987).

A parent corporation, as not being an employer contributing to the fund, may be liable in tort if it exercises operational control of activities of its subsidiary. Wessel v. Mapco, Inc., 752 P.2d 1363, 1988 Wyo. LEXIS 38 (Wyo. 1988), reh'g denied, 1988 Wyo. LEXIS 72 (Wyo. Apr. 26, 1988).

Single employer paying through joint account entitled to immunity. —

A single employer that makes its payments to the worker's compensation fund through a joint account entered into with other affiliated business entities is considered to have made its contributions as required by law and is entitled to the immunity set forth in this chapter. Lankford v. True Ranches, 822 P.2d 868, 1991 Wyo. LEXIS 194 (Wyo. 1991).

Immunity from suit does not include federal civil rights action. —

The exclusive remedy of the state workers' compensation statutes does not bar recovery against an employer under 42 USCS § 1983, the federal civil rights statute. Rosa v. Cantrell, 705 F.2d 1208, 1982 U.S. App. LEXIS 23413 (10th Cir. Wyo. 1982), cert. denied, 464 U.S. 821, 104 S. Ct. 85, 78 L. Ed. 2d 94, 1983 U.S. LEXIS 1117 (U.S. 1983).

The exclusive nature of the remedy is between employee and employer. —

Pittsburgh-Des Moines Steel Co. v. American Surety Co., 365 F.2d 412, 1966 U.S. App. LEXIS 5134 (10th Cir. Wyo. 1966).

As a general proposition, the exclusive remedy of the Wyoming workmen's (now worker's) compensation laws is the only remedy available unless the employment was unlawful or illegal. Jordan v. Delta Drilling Co., 541 P.2d 39, 1975 Wyo. LEXIS 169 (Wyo. 1975), overruled, Wetering v. Eisele, 682 P.2d 1055, 1984 Wyo. LEXIS 296 (Wyo. 1984).

Covered employer absolutely immune from all common-law tort remedies. —

Where an employee's injury occurs in a work-related situation and is in all other respects compensable, the employer is absolutely immune from all common-law tort remedies arising out of the injury to or death of the employee — including causes of action for intentional tort or culpable negligence. Parker v. Energy Dev. Co., 691 P.2d 981, 1984 Wyo. LEXIS 350 (Wyo. 1984).

Settlement not to relieve employer from liability. —

A settlement between an employer and an injured employee will not relieve the former from liability under the Workmen's (now Worker's) Compensation Law. State Farm Mut. Auto. Ins. Co. v. Petsch, 261 F.2d 331, 1958 U.S. App. LEXIS 3261 (10th Cir. 1958).

Abolition of tort actions not due process violation. —

Abolishing actions by an injured miner against his employer for negligence does not constitute a taking of property without due process of law. Jackson v. Dravo Corp., 603 F.2d 156, 1979 U.S. App. LEXIS 12565 (10th Cir. Wyo. 1979).

As benefits replace tort action. —

An injured miner whose employer has complied with the Wyoming law regarding worker's compensation does not have an independent cause of action against his employer as compensation benefits take the place thereof. Jackson v. Dravo Corp., 603 F.2d 156, 1979 U.S. App. LEXIS 12565 (10th Cir. Wyo. 1979).

Immunity provisions in Worker's Compensation Act must be narrowly construed. Bence v. Pacific Power & Light Co., 631 P.2d 13, 1981 Wyo. LEXIS 360 (Wyo. 1981).

No immunity for surety who reimburses employer for worker's compensation payments. —

A surety, guarantor or general contractor who has contracted to reimburse an employer, who actually makes the worker's compensation payments, is not granted “statutory employer” immunity from tort liability by this section. Bence v. Pacific Power & Light Co., 631 P.2d 13, 1981 Wyo. LEXIS 360 (Wyo. 1981).

When employee protected from tort action by fellow employee. —

A supervising or managing coemployee is protected from tort action by his fellow employee if he is acting within the scope of his employment and is not culpably negligent. Abeyta v. Hensley, 595 P.2d 71, 1979 Wyo. LEXIS 412 (Wyo. 1979) (decided prior to 1993 amendment).

Degree of negligence for claims against co-employees. —

For claims accruing between July 1, 1987, and February 18, 1993, culpable negligence is the degree of negligence that an injured employee must prove against a co-employee in an action to recovery damages for personal injury suffered in a work-related accident. Copp v. Redmond, 858 P.2d 1125, 1993 Wyo. LEXIS 142 (Wyo. 1993).

Culpable negligence of coemployee involves more than unreasonable conduct; it requires the element of willfulness. Johnston v. Conoco, Inc., 758 P.2d 566, 1988 Wyo. LEXIS 99 (Wyo. 1988) (decided under former § 27-12-103).

Culpable negligence involves more than unreasonable conduct; it involves willfulness, and when a party fails to raise a genuine issue of material fact on this element, summary judgment is appropriate. Calkins v. Boydston, 796 P.2d 452, 1990 Wyo. LEXIS 94 (Wyo. 1990) (decided under former § 27-12-103).

Liability of co-employee for intentional, unreasonable, act. —

There was no genuine issue of material fact where the plaintiff presented nothing in the record that sufficed to demonstrate the plaintiff's co-employee intentionally committed an act of unreasonable character in disregard of a known or obvious risk that was so great as to make it highly probable that harm would follow. Smith v. Throckmartin, 893 P.2d 712, 1995 Wyo. LEXIS 59 (Wyo. 1995).

Defendant's admitted negligence in falling asleep while driving plaintiff home from work did not rise to the level of misconduct envisioned by the exception to immunity in Wyo. Stat. Ann. § 27-14-104(a); even assuming that some of the late hours of work could have been avoided by defendant, defendant's conduct did not meet the test for co-employee liability. Formisano v. Gaston, 2011 WY 8, 246 P.3d 286, 2011 Wyo. LEXIS 9 (Wyo. 2011).

Intentional disregard of danger. —

In a case in which plaintiff was injured while in a manrider that was being raised up in order to open a storm gate and release a tugger line, the trial court properly granted summary judgment in favor of plaintiff's co-employees. No evidence was presented showing that the co-employees had knowledge of, and intentionally disregarded, the danger associated with using the manrider to open the storm gate. Van Patten v. Gipson, 2011 WY 98, 253 P.3d 505, 2011 Wyo. LEXIS 99 (Wyo. 2011).

Exclusivity provision did not bar co-employee liability action. —

While plaintiff employee was working to build a residence, he and a coworker got onto a wooden platform fitted with guardrails; when the man-basket came apart, plaintiff received serious injuries. After plaintiff obtained benefits from the Wyoming Worker's Compensation fund, he was permitted under an exception to this section to file a co-employee liability action against defendants, the company's owner, the general construction superintendent, and the project superintendent; after the first trial resulted in mistrial, the jury rendered a verdict for defendants. Dollarhide v. Bancroft, 2010 WY 126, 239 P.3d 1168, 2010 Wyo. LEXIS 134 (Wyo. 2010).

Failure to correct hazard not culpable negligence. —

A situation in which a supervisory co-employee has knowledge of a hazardous condition and fails to correct it, although certainly sufficient to indicate ordinary negligence, is not sufficient to satisfy the much more stringent test of culpable negligence. Cockburn v. Terra Resources, 794 P.2d 1334, 1990 Wyo. LEXIS 73 (Wyo. 1990) (decided under former § 27-12-103).

Summary judgment appropriate where no direct supervisory control. —

Summary judgment for defendant in personal injury action brought by defendant's coemployee was appropriate where defendant did not have direct supervisory control over plaintiff, but had only a general duty to supervise and maintain a safe workplace; defendant did not possess the state of mind required to show culpable negligence, that approaching intent to do harm. Morris v. Smith, 837 P.2d 679, 1992 Wyo. LEXIS 128 (Wyo. 1992) (decided under prior law).

Officer not sued where co-employee culpably negligent. —

The exclusive remedy provisions barred a miner's action against the mine manager and mine supervisors while genuine issues of fact existed as to whether other co-employees were culpably negligent and could be held liable for damages. Case v. Goss, 776 P.2d 188, 1989 Wyo. LEXIS 154 (Wyo. 1989) (decided prior to 1993 amendment).

When employee may sue corporate officer coemployee. —

These provisions do not bar an injured employee from bringing an action against a coemployee who is also a corporate officer, if that coemployee was culpably negligent and he owed the plaintiff a duty of care. Barnette v. Doyle, 622 P.2d 1349, 1981 Wyo. LEXIS 278 (Wyo. 1981) (decided prior to 1993 amendment).

Individual partner immune from suit. —

An individual partner enjoys the same immunity as the partnership from a suit by an injured partnership employee who has received worker's compensation benefits through the partnership's contribution. Brebaugh v. Hales, 788 P.2d 1128, 1990 Wyo. LEXIS 28 (Wyo. 1990).

A partnership employee who has received worker's compensation benefits for a work-related injury may not maintain a tort action against an individual partner who manages the partnership's day-to-day operations under a contract with the partnership. The managing partner is an employer for purposes of the immunity provisions of the worker's compensation law. Pool v. Dravo Coal Co., 788 P.2d 1146, 1990 Wyo. LEXIS 173 (Wyo. 1990).

Injured governmental employee covered by worker's compensation precluded from suing government in tort. —

It is only in those situations where an injured governmental employee-plaintiff is covered by worker's compensation that the exclusive-remedy provisions of the worker's compensation laws preclude a direct action in tort against the employer-governmental entity. The Worker's Compensation Act and the waiver-of-immunity provisions of the Governmental Claims Act do, however, permit the injured governmental employee to structure a claim against his or her coemployee provided the claimant can prove culpable negligence. Hamlin v. Transcon Lines, 701 P.2d 1139, 1985 Wyo. LEXIS 496 (Wyo. 1985).

State not vicariously liable by reason of culpable negligence of coemployee. —

Insofar as the estate of a state employee, killed in an automobile mishap in the scope of his employment by reason of the culpable negligence of a coemployee, sought to hold the state vicariously liable, the estate failed by reasons of the exclusive-remedy provisions of the worker's compensation law. Hamlin v. Transcon Lines, 697 P.2d 606, 1985 Wyo. LEXIS 466 (Wyo.), reh'g denied, 701 P.2d 1139, 1985 Wyo. LEXIS 496 (Wyo. 1985).

But negligent coemployee may sue for indemnification, even though receiving worker's compensation benefits. —

The worker's compensation exclusive-remedy constitutional and statutory provisions did not deny standing to a state employee, held liable for his culpably negligent acts while acting within the scope of his employment, to bring suit against the state under § 1-39-104 for indemnification, even though the employee was receiving benefits from the worker's compensation fund. Hamlin v. Transcon Lines, 697 P.2d 606, 1985 Wyo. LEXIS 466 (Wyo.), reh'g denied, 701 P.2d 1139, 1985 Wyo. LEXIS 496 (Wyo. 1985).

Test for determining whether exclusive remedy provisions of act operate to prevent actions against covered employers for intentional acts of employees is whether or not the claimed injury would be compensable under the act. Baker v. Wendy's of Montana, 687 P.2d 885, 1984 Wyo. LEXIS 330 (Wyo. 1984).

Showing of culpable negligence will defeat worker's claim. —

Svoboda v. Wyoming State Treasurer, 599 P.2d 1342, 1979 Wyo. LEXIS 450 (Wyo. 1979) (decided under former § 27-12-103).

Culpable negligence is “willful and serious misconduct.” —

In order to prove that an actor has engaged in willful misconduct, one must demonstrate that he acted with a state of mind that approaches intent to do harm. Stundon v. Sterling, 736 P.2d 317, 1987 Wyo. LEXIS 441 (Wyo. 1987) (decided under former § 27-12-103).

In a case in which plaintiff sued his co-employees after he was injured while working as entry level floorman on a drilling rig, the trial court properly granted summary judgment in favor of the co-employees, where no genuine issues of material fact existed on the claim that the co-employees acted willfully and wantonly. No evidence was presented showing that any of the co-employees intentionally acted to cause plaintiff physical harm. Van Patten v. Gipson, 2011 WY 98, 253 P.3d 505, 2011 Wyo. LEXIS 99 (Wyo. 2011).

But willful, wanton misconduct of coemployee is not negligence. —

Damages resulting from willful and wanton misconduct of a culpably negligent coemployee are not damages for negligence. Barnette v. Doyle, 622 P.2d 1349, 1981 Wyo. LEXIS 278 (Wyo. 1981) (decided under former § 27-12-103).

Concept of willful and wanton misconduct has essentially the same legal effect as the language “intentionally act to cause physical harm or injury” in Wyo. Stat. Ann. § 27-14-104(a). Formisano v. Gaston, 2011 WY 8, 246 P.3d 286, 2011 Wyo. LEXIS 9 (Wyo. 2011).

Knowledge of dangerous condition is willful and wanton misconduct. —

In an miner's workplace injury suit against the supervisors following the severance of his foot by an unguarded sheave wheel, the court erred by granting the supervisors' motion for summary judgment because there were factual issues concerning the supervisors' knowledge of the general risks posed by working in the shuttle belt area, of which the sheave wheel was a part. Bertagnolli v. Louderback, 2003 WY 50, 67 P.3d 627, 2003 Wyo. LEXIS 62 (Wyo. 2003).

Plaintiff's evidence was sufficient to create a genuine issue of material fact as to a supervisor's knowledge of a dangerous condition and whether the supervisor acted intentionally in disregard of known risks. The evidence was sufficient to preclude summary judgment in favor of the supervisor. Herrera v. Phillipps, 2014 WY 118, 334 P.3d 1225, 2014 Wyo. LEXIS 135 (Wyo. 2014).

Violation of safety regulations not culpable negligence. —

In a wrongful death action alleging that the defendants were liable as culpably negligent coemployees for the death of the deceased, who died while cleaning a “frac tank,” the plaintiff relied heavily on violations of OSHA regulations concerning safety training and equipment. While these asserted violations constituted evidence of ordinary negligence, they did not demonstrate a state of mind consistent with culpable negligence, which requires knowledge or obviousness of a high probability of harm. Although both defendants were generally aware of a possibility of harm from tank fumes, there was no evidence to suggest that either man knew the degree of danger presented by the particular tank in which the deceased died. Poulos v. HPC, Inc., 765 P.2d 364, 1988 Wyo. LEXIS 166 (Wyo. 1988) (decided under former § 27-12-103).

Summary judgment appropriate for culpable negligence issue. —

Summary judgment is appropriate when a party fails to raise a genuine issue of material fact on the element of culpable negligence. Bryant v. Hornbuckle, 728 P.2d 1132, 1986 Wyo. LEXIS 643 (Wyo. 1986) (decided prior to 1993 amendment).

Wrongful death action precluded. —

Wyoming Worker's Compensation Act provided exclusive remedy for death of employee killed in mining accident, and therefore survivors and personal representative could not maintain wrongful death action against mining operator, despite allegations of negligence and safety violations by operator. Anderson v. Solvay Minerals, Inc., 3 P.3d 236, 2000 Wyo. LEXIS 71 (Wyo. 2000), overruled in part, Collins v. COP Wyo., LLC, 2016 WY 18, 366 P.3d 521, 2016 Wyo. LEXIS 18 (Wyo. 2016).

Employer immunity under the Wyoming Worker's Compensation Act barred a wrongful death action against the employer where an affidavit established that the employer was the decedent's employer and had paid into the worker's compensation fund for the decedent's coverage. Knight v. Estate of McCoy, 2015 WY 9, 341 P.3d 412, 2015 Wyo. LEXIS 9 (Wyo. 2015).

Fact that the employer stopped payment on the decedent's paycheck had no effect on the preclusive effect of the Wyoming Worker's Compensation Act where the decedent's representative failed to show that the decedent was not properly reported on the employer's payroll. Knight v. Estate of McCoy, 2015 WY 9, 341 P.3d 412, 2015 Wyo. LEXIS 9 (Wyo. 2015).

Intoxication places employee outside scope of employment. —

An allegation of intoxication while on the job is another way of saying that the worker, while in such condition, is outside the scope of his employment. Svoboda v. Wyoming State Treasurer, 599 P.2d 1342, 1979 Wyo. LEXIS 450 (Wyo. 1979).

Work-related nature of employee's injuries not altered by violations of business conduct requirements. —

Violations of legal requirements relative to the conduct of a business, should such exist, do not alter the work-related nature of the employee's injuries, and the employee is entitled to the benefit and subject to the restrictions of the worker's compensation laws. Mauch v. Stanley Structures, 641 P.2d 1247, 1982 Wyo. LEXIS 309 (Wyo. 1982).

Employment not rendered unlawful by safety violations. —

The existence of Occupational Health and Safety Act (OHSA) violations under chapter 11 of this title does not render otherwise lawful employment unlawful. McKennan v. Wyoming Sawmills, 816 P.2d 1303, 1991 Wyo. LEXIS 144 (Wyo. 1991).

No connection with pension plans. —

Neither art. 10, § 4, Wyo. Const., nor this section have any connection with pension plans and were irrelevant where an employee's long-term disability payments pursuant to an insurance contract were reduced by a sum equal to the workmen's compensation award given to the employee. Bunney v. Standard Oil Co., 571 P.2d 981, 1977 Wyo. LEXIS 302 (Wyo. 1977).

Owner is generally not liable for injury to employees of independent contractor, absent control over work details or the supervision of employees. Johnston v. Conoco, Inc., 758 P.2d 566, 1988 Wyo. LEXIS 99 (Wyo. 1988) (decided under former § 27-12-103).

Worker's compensation not bar to third-party indemnity claims. —

Because a third-party claim for indemnity is not based on the employee's injury, rather it is based on — “by reason of” — “on account of” — the alleged breach of an independent duty owed by the employer to the third party, and because third parties, seeking indemnity, received no benefits from passage of the worker's compensation provisions, these provisions do not bar third-party claims for indemnity. Pan Am. Petroleum Corp. v. Maddux Well Serv., 586 P.2d 1220, 1978 Wyo. LEXIS 244 (Wyo. 1978).

Notwithstanding the immunity provided by this chapter, an employer that is otherwise protected by workers' compensation statutes against a claim resulting from injury of its employee can, nevertheless, contract away that protection and agree to indemnify a third-party against the claim. Nelson v. McAdams, Roux & Assocs., 688 F. Supp. 1502, 1988 U.S. Dist. LEXIS 6401 (D. Wyo. 1988).

Worker's compensation immunity does not bar third-party claims based upon implied indemnity. Gainsco Ins. Co. v. Amoco Prod. Co., 2002 WY 122, 53 P.3d 1051, 2002 Wyo. LEXIS 132 (Wyo. 2002).

“Scope of their employment” not distinguished from “course of employment.” —

For purposes of the Worker's Compensation Law, “scope of their employment,” as it appears in subsection (a) of this section, granting a fellow employee immunity from suit, and “course of employment,” as it appears in § 27-14-102(a)(xi), defining “injury,” should not be distinguished in meaning. Cottonwood Steel Corp. v. Hansen, 655 P.2d 1226, 1982 Wyo. LEXIS 405 (Wyo. 1982).

Fellow employee immune from suit. —

A worker who is reimbursed for driving fellow employees to and from work is within the scope of his employment and, without a showing of culpable negligence, is immune, under subsection (a), from suit by those fellow employees following an automobile accident which occurred while the workers were on their way home from their place of employment. Cottonwood Steel Corp. v. Hansen, 655 P.2d 1226, 1982 Wyo. LEXIS 405 (Wyo. 1982).

Supervisor who instructed a worker to continue operating a roof bolting machine that had a steering problem was entitled to co-employee immunity when the worker inadvertently drove under unbolted mine ceiling and was struck by falling rock; the worker had not said that the machine was unsafe to operate, and the evidence did not show intentional or reckless disregard for the worker's safety. Loredo v. Solvay Am., Inc., 2009 WY 93, 212 P.3d 614, 2009 Wyo. LEXIS 106 (Wyo. 2009).

Immunity from suit on ground that company is statutory employer is affirmative defense. —

See Texas Gulf Sulphur Co. v. Robles, 511 P.2d 963, 1973 Wyo. LEXIS 170 (Wyo. 1973).

As to recovery against coemployee under former law, see Markle v. Williamson, 518 P.2d 621, 1974 Wyo. LEXIS 183 (Wyo. 1974); Jordan v. Delta Drilling Co., 541 P.2d 39, 1975 Wyo. LEXIS 169 (Wyo. 1975), overruled, Wetering v. Eisele, 682 P.2d 1055, 1984 Wyo. LEXIS 296 (Wyo. 1984).

Negligent supervision requires knowledge of employee's actions. —

Culpability cannot be assessed against a supervisor or co-employee, from the injured employee's negligence in self-protection on disregard of work standards, in the absence of the defendant's actual knowledge or opportunity to correct by supervision. Smith v. Ensley, 752 P.2d 1374, 1988 Wyo. LEXIS 53 (Wyo. 1988) (decided under facts existing under prior law).

Employer liable for discharging employee with claim. —

An employee, injured in the course of his employment, has a cause of action against his employer for retaliatory discharge based upon a violation of the state's public policy, where the employer discharges the employee as a result of the employee's worker's compensation claim and the employee is not covered by the terms of a collective bargaining agreement. Griess v. Consolidated Freightways Corp., 776 P.2d 752, 1989 Wyo. LEXIS 163 (Wyo. 1989).

Grace period for contributions begins with next regular reporting date after injury. —

Where an employee was injured in the month immediately subsequent to the month of hire and prior to the reporting date for the month of hire, the calculation of the three-month grace period allowed by former § 27-12-103(c) for the late payment of contributions began with the next regular reporting date after the injury. As the employer paid the premiums for wages the employee earned in his month of hire well within this three-months' period, plus statutory penalties, he had to be considered as “contributing” to the fund, was not delinquent, and was therefore immune to suit. Mauler v. Titus, 697 P.2d 303, 1985 Wyo. LEXIS 465 (Wyo. 1985).

Consolidated account for affiliated corporations required division approval. —

Under the pre-1986 provisions, affiliated corporations could report their payroll and pay their premiums under a single consolidated account. However, such an arrangement required the express approval and knowledge of the division to qualify as “contributing as required by this act,” as required by former § 27-12-103. Stratman v. Admiral Beverage Corp., 760 P.2d 974, 1988 Wyo. LEXIS 109 (Wyo. 1988), reh'g denied, 1988 Wyo. LEXIS 135 (Wyo. Sept. 20, 1988).

Derivative claims. —

Claim for intentional infliction of emotional distress, filed by survivors of employee killed in mining accident, was derivative of claim under Worker's Compensation Act and thus was properly dismissed. Anderson v. Solvay Minerals, Inc., 3 P.3d 236, 2000 Wyo. LEXIS 71 (Wyo. 2000), overruled in part, Collins v. COP Wyo., LLC, 2016 WY 18, 366 P.3d 521, 2016 Wyo. LEXIS 18 (Wyo. 2016).

Applied in

Pace v. Hadley, 742 P.2d 1283, 1987 Wyo. LEXIS 511 (Wyo. 1987); SOS Staffing Servs., Inc. v. Fields, 2002 WY 141, 2002 Wyo. LEXIS 154 , 54 P.3d 761 (Wyo. 2002).

Cited in

Northwinds of Wyo., Inc. v. Phillips Petro. Co., 779 P.2d 753, 1989 Wyo. LEXIS 195 (Wyo. 1989); Stephenson v. Pacific Power & Light Co., 779 P.2d 1169, 1989 Wyo. LEXIS 193 (Wyo. 1989); Baros v. Wells, 780 P.2d 341, 1989 Wyo. LEXIS 208 (Wyo. 1989); Harbel v. Wintermute, 883 P.2d 359, 1994 Wyo. LEXIS 129 (Wyo. 1994); Boyd v. Nation, 909 P.2d 323, 1996 Wyo. LEXIS 3 (Wyo. 1996); Streeter v. Amerequip Corp., 968 F. Supp. 624, 1997 U.S. Dist. LEXIS 9464 (D. Wyo. 1997); Franks v. Olson, 975 P.2d 588, 1999 Wyo. LEXIS 29 (Wyo. 1999); Terex Corp. v. Hough, 2002 WY 112, 50 P.3d 317, 2002 Wyo. LEXIS 118 (Wyo. 2002); Circle C Res., Inc. v. Kobielusz (In re Kobielusz), 2014 WY 35, 2014 Wyo. LEXIS 36 (Mar 11, 2014).

Stated in

Stuart v. Colo. Interstate Gas Co., 2001 U.S. App. LEXIS 25246, 271 F.3d 1221 (10th Cir. 2001).

Law reviews. —

For article “Governmental Immunity from Damage Actions in Wyoming — Part II,” see VII Land & Water L. Rev. 617 (1972).

For comment “Wyoming Contribution Among Joint Tortfeasors,” see IX Land & Water L. Rev. 589 (1974).

For case note, “Exclusivity Provisions of the Worker's Compensation Act as a Bar to Third-Party Actions Against Employers, Pan American Petroleum Corp. v. Maddux Well Service, 586 P.2d 1220, 1978 Wyo. LEXIS 244 (Wyo. 1978),” see XIV Land & Water L. Rev. 587 (1979).

For case note, “Worker's Compensation — Constitutionality of Wyoming's Co-employee Immunity Statute under Article 10, Section 4, of the Wyoming Constitution.Meyer v. Kendig, 641 P.2d 1235, 1982 Wyo. LEXIS 310 (Wyo. 1982),” see XVIII Land & Water L. Rev. 355 (1983).

For case note, “Worker's Compensation — Using the Exclusive Remedy Provision as a Shield for an Employer's Intentional Acts Against Employees. Baker v. Wendy's of Montana, Inc., 687 P.2d 885, 1984 Wyo. LEXIS 330 (Wyo. 1984),” see XXI Land & Water L. Rev. 603 (1986).

For case note, “Worker's Compensation — The Dilemma of Co-Employee Immunity and the Confusion in the Aftermath of Mills II. Mills v. Reynolds, 837 P.2d 48, 1992 Wyo. LEXIS 92 (Wyo. 1992),” see XXVIII Land & Water L. Rev. 271 (1993).

For casenote, “Employment Discrimination — The After-Acquired Evidence Doctrine and its Effect on Recovery in Employment Discrimination Claims. McKennon v. Nashville Banner Publishing Co., 513 U.S. 352, 115 S. Ct. 879, 130 L. Ed. 2d 852, 1995 U.S. LEXIS 699 (1995),” see XXXI Land & Water L. Rev. 663 (1996).

For article, “Recreational Injuries and Inherent Risks: Wyoming's Recreation Safety Act: An Update,” see XXXIII Land & Water L. Rev. 249 (1998).

For article, “Reinstating Wyoming’s Joint and Several Liability Paradigm: Protecting Wyoming’s Workforce, Their Families And The Wyoming Worker’s Compensation Fund From Uncompensated Injuries And Deaths”, see 8 Wyo. L. Rev. 87 (2008).

ARTICLE: Damned if You do, Damned if You Don't: A Contextual Analysis of Co-Employee Liability and Wyoming Workers' Compensation Subrogation, 16 Wyo. L. Rev. 415 (2016).

Am. Jur. 2d, ALR and C.J.S. references. —

Liability of owner or operator of golf course or his insurer for injuries to caddies, 82 ALR2d 1183.

Right of employee to maintain common-law action for negligence against workmen's compensation insurance carrier, 93 ALR2d 598.

Right to maintain action against fellow employee for injury or death covered by workmen's compensation, 21 ALR3d 845.

Right to maintain malpractice suit against injured employee's attending physician notwithstanding receipt of workmen's compensation award, 28 ALR3d 1066.

Workmen's compensation provision as precluding employee's action against employer for fraud, false imprisonment, defamation or the like, 46 ALR3d 1279.

What conduct is willful, intentional or deliberate within workmen's compensation act provision authorizing tort action for such conduct, 96 ALR3d 1064.

Employer's right of action for loss of services or the like against third person tortiously killing or injuring employee, 4 ALR4th 504.

Workmen's compensation act as furnishing exclusive remedy for employee injured by product manufactured, sold, or distributed by employer, 9 ALR4th 873.

“Dual capacity doctrine” as basis for employee's recovery from employer in tort, 23 ALR4th 1151.

Workers' compensation immunity as extending to one owning controlling interest in employer corporation, 30 ALR4th 948.

Workers' compensation law as precluding employee's suit against employer for third person's criminal attack, 49 ALR4th 926.

Workers' compensation act as precluding tort action for injury to or death of employee's unborn child, 55 ALR4th 792.

Willful, wanton or reckless conduct of coemployee as ground of liability despite bar of workers' compensation law, 57 ALR4th 888.

“Dual capacity doctrine” as basis for employee's recovery for medical malpractice from company medical personnel, 73 ALR4th 115.

Workers' compensation: third-party tort liability of corporate officer to injured workers, 76 ALR4th 365.

Right to workers' compensation for injuries suffered after termination of employment, 10 ALR5th 245.

Workers' compensation: tips or gratuities as factor in determining amount of compensation, 16 ALR5th 191.

Pre-emption by workers' compensation statute of employee's remedy under state “whistleblower” statute, 20 ALR5th 677.

Scope of provision in liability policy issued to municipal corporation or similar governmental body limiting coverage to injuries arising out of construction, maintenance or repair work, 30 ALR5th 699.

Workers' compensation as precluding employee's suit against employer for sexual harassment in the workplace, 51 ALR5th 163.

Who are “public employers” or “public employees” within the meaning of state whistleblower protection acts, 90 ALR5th 687.

Contractual waiver of exclusivity of workers' compensation remedy, 117 ALR5th 441.

Postaccident conduct by employer, employer's insurer, or employer's employees in relation to workers' compensation claim as waiving, or estopping employer from asserting, exclusivity otherwise afforded by workers' compensation statute, 120 ALR 5th 513.

Right to workers' compensation for injury suffered at worker's home where home is claimed as “work situs”, 4 A.L.R.6th 57.

Library References.

Larson's Workers' Compensation Law § 111.03D (Matthew Bender).