reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 1 - General Provisions › Section 27-1-107 - Nonresident Employers to Post Bond; Penalty.

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.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 1 - General Provisions › Section 27-1-108 - Penalties Generally.

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.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 1 - General Provisions › Section 27-1-109 - Prosecution of Violations.

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.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 1 - General Provisions › Section 27-1-110 - State Rehabilitation Council; Membership; Chairman.

27-1-110. State rehabilitation council; membership; chairman.
(a) There is established a permanent council within the department of workforce services to be known as the Wyoming governor's state rehabilitation council, to consist of:
(i) At least one (1) representative of the statewide independent living council;
(ii) At least one (1) representative of a parent training and information center;
(iii) At least one (1) representative of the client assistance program;
(iv) At least one (1) vocational rehabilitative counselor;
(v) At least one (1) representative of community rehabilitation program service providers;
(vi) Four (4) representatives of business, industry and labor;
(vii) At least two (2) representatives of disability advocacy groups;
(viii) At least two (2) current or former applicants of vocational rehabilitation services;
(ix) The administrator of the division of vocational rehabilitation;
(x) At least one (1) representative of the department of education;
(xi) At least one (1) representative of the state workforce investment board.
(b) The director of the department of workforce services shall be an ex officio, nonvoting member of the state rehabilitation council.
(c) A majority of council members shall be persons who are:
(i) Individuals with disabilities;
(ii) Not employed by the division of vocational rehabilitation.
(d) 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.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 1 - General Provisions › Section 27-1-111 - Duties of Council and Department.

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.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 1 - General Provisions › Section 27-1-112 - Authority of Council to Receive Gifts, Grants or Donations.

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.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 1 - General Provisions › Section 27-1-113 - Employer Immunity for Disclosure of Certain Employee Information; Rebuttal of Presumption.

27-1-113. Employer immunity for disclosure of certain employee information; rebuttal of presumption.
(a) An employer who discloses information about a former employee's job performance to a prospective employer or to an employer of the former employee is presumed to be acting in good faith. 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.
(b) 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.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 1 - General Provisions › Section 27-1-114 - Temporary Employment Fees.

27-1-114. Temporary employment fees.
(a) A temporary service contractor for temporary workers is not entitled to collect a fee from an employer for the permanent employment of a temporary worker placed by the temporary service contractor, unless the employer is notified in writing of the existence and the amount of the fee prior to the date of services being rendered by a temporary worker to the employer.
(b) 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.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 1 - General Provisions › Section 27-1-116 - Business Relationship Between Franchisors and Franchisees; Business Relationship Between Franchisors and Employees of Franchisees.

27-1-116. Business relationship between franchisors and franchisees; business relationship between franchisors and employees of franchisees.
(a) Neither a franchisee nor a franchisee's employee shall be deemed to be an employee of the franchisor for any purpose under this title, unless otherwise agreed to in writing by the franchisor and the franchisee.
(b) This section shall not apply to a voluntary agreement entered into between the United States department of labor and a franchisee.
(c) As used in this section, "franchisee" and "franchisor" have the same definitions as set out in 16 C.F.R. 436.1.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 2 - Labor and Statistics › Section 27-2-104 - Duties of Department of Workforce Services.

27-2-104. Duties of department of workforce services.
(a) The department of workforce services shall:
(i) Enforce all laws enacted by the legislature of Wyoming, relating to labor, wages, hours of labor, and to the health, welfare, life and limb of the workers of this state;
(ii) Repealed By Laws 2001, Ch. 162, 2.
(iii) Make necessary inspections of industrial establishments and buildings as provided by law;
(iv) 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
(v) To promulgate reasonable rules.
(b) Repealed By Laws 2002, Ch. 100, 4.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 2 - Labor and Statistics › Section 27-2-105 - Report to Governor; Statistics and Information Required.

27-2-105. Report to governor; statistics and information required.
(a) The department of workforce services shall collect, classify, have printed and submit to the governor in its annual report the following statistics:
(i) The hours of labor and number of sex engaged in manual labor;
(ii) The aggregate and average daily wages classified by sex and occupation;
(iii) The number and character of accidents;
(iv) The working conditions of all industrial establishments (including manufacturing establishments, hotels, stores, workshops, theaters, halls and other places where labor is employed);
(v) Other information relating to industrial, economic, social, educational, moral and sanitary conditions of the workers; and
(vi) The results of its inspection of industrial establishments.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 2 - Labor and Statistics › Section 27-2-108 - Right of Entry.

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.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 2 - Labor and Statistics › Section 27-2-109 - Examination of Witnesses.

27-2-109. Examination of witnesses.
(a) The director of the department of workforce services may designate employees of the department who shall have the power to administer oaths, to examine witnesses under oath, to compel the attendance of witnesses and the giving of testimony in any part of this state.
(b) Repealed by Laws 1990, ch. 63, 3; ch. 71, 2.
(c) Repealed by Laws 1990, ch. 63, 3; ch. 71, 2.
(d) Repealed by Laws 1990, ch. 63, 3; ch. 71, 2.
(e) Repealed by Laws 1990, ch. 63, 3; ch. 71, 2.
(f) Repealed by Laws 1990, ch. 63, 3; ch. 71, 2.
(g) 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.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 1 - In General › Section 27-3-103 - "Employer" Defined; Qualifications; Employment Services in Other States Included.

27-3-103. "Employer" defined; qualifications; employment services in other states included.
(a) As used in this act, "employer" means any employing unit:
(i) For whom a worker performs service as an employee;
(ii) Acquiring the organization, business, trade or substantially all of the assets of an employer subject to this act at the time of acquisition;
(iii) Electing coverage under this act pursuant to W.S. 27-3-502(d);
(iv) 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;
(v) 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;
(vi) Employing services defined as employment under W.S. 27-3-105(a)(i), except as provided by paragraphs (viii) and (ix) of this subsection;
(vii) Employing services defined as employment under W.S. 27-3-105(a)(ii), except as provided by subsection (b) of this section;
(viii) Employing agricultural labor defined under W.S. 27-3-107;
(ix) Employing domestic service defined under W.S. 27-3-107(g); or
(x) 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.
(b) 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.
(c) 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.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 1 - In General › Section 27-3-104 - "Employment" Defined; Generally; Exceptions.

27-3-104. "Employment" defined; generally; exceptions.
(a) As used in this act, "employment" means service:
(i) Performed by an employee defined under 26 U.S.C. 3306(i) including service in interstate commerce, except 26 U.S.C. 3121(d)(2) does not apply;
(ii) Subject to any federal tax against which credit may be taken for contribution payments into any state unemployment fund;
(iii) 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
(iv) Otherwise specified under W.S. 27-3-104 through 27-3-108.
(b) An individual who performs service for wages is an employee for purposes of this act unless it is shown that the individual:
(i) Is free from control or direction over the details of the performance of services by contract and by fact;
(ii) Repealed by Laws 1991, ch. 153, 1.
(iii) Repealed by Laws 1995, ch. 121, 3.
(iv) Repealed by Laws 1995, ch. 121, 3.
(v) Represents his services to the public as a self-employed individual or an independent contractor; and
(vi) May substitute another individual to perform his services.
(c) 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.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 1 - In General › Section 27-3-106 - "Employment" Defined; Employment Outside United States; Exceptions; "American Employer" Defined; Localized Service Specified.

27-3-106. "Employment" defined; employment outside United States; exceptions; "American employer" defined; localized service specified.
(a) Employment under this act includes service performed outside the United States except in Canada and the Virgin Islands by a United States citizen for an American employer if:
(i) The employer's principal place of business in the United States is located in this state;
(ii) 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;
(iii) The employer elected coverage under this act; or
(iv) A claim for benefits based on this service is filed under this act and the employer failed to elect coverage in any state.
(b) As used in subsection (a) of this section, "American employer" means a:
(i) Resident of the United States;
(ii) Partnership and two-thirds (2/3) or more of the partners are residents of the United States;
(iii) Trust and the trustees are United States residents; or
(iv) Corporation organized under federal or any state law.
(c) 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:
(i) Localized in this state;
(ii) 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
(iii) Not subject to the law of any state or Canada and the service is directed or controlled from a location in this state.
(d) 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.
(e) 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.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 1 - In General › Section 27-3-109 - Amendment and Repeal; Vested Rights Denied.

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 at any time. There is no vested private right of any kind under this act.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 2 - Fund Administration › Section 27-3-201 - Establishment and Composition of Unemployment Compensation Fund.

27-3-201. Establishment and composition of unemployment compensation fund.
(a) The unemployment compensation fund is established and shall be administered by the department for purposes of this act.
(b) The fund shall consist of:
(i) Contributions collected under this act, excluding revenues for the employment support fund under W.S. 27-3-505(a);
(ii) Funds received under 42 U.S.C. 1321;
(iii) Interest earned on the fund balance;
(iv) Any property or securities acquired by the fund and any earnings of the acquired property or securities;
(v) Any other funds received for the fund from any other source; and
(vi) Funds credited to Wyoming's account in the unemployment trust fund pursuant to 42 U.S.C. 1103.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 2 - Fund Administration › Section 27-3-203 - Discontinuance or Nonmaintenance of Fund; Disposition of Assets.

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. Any investment shall allow sufficient conversion of fund assets for payment of benefits.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 2 - Fund Administration › Section 27-3-204 - Withdrawal Funds Credited to Federal Unemployment Trust Fund.

27-3-204. Withdrawal funds credited to federal unemployment trust fund.
(a) Funds credited to Wyoming's account in the unemployment trust fund pursuant to 42 U.S.C. 1103 may be withdrawn only for the payment of benefits and expenses for the administration of this act pursuant to this 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).
(b) Funds shall be withdrawn for administrative expenses by legislative appropriation. The appropriation shall:
(i) Specify the amounts and purposes for which the funds are appropriated;
(ii) Limit the period in which the funds may be obligated to not more than two (2) years after the date of enactment; and
(iii) 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.
(c) 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.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 2 - Fund Administration › Section 27-3-205 - Employment Security Administration Account.

27-3-205. Employment security administration account.
(a) The employment security administration account is established and shall be administered by the department. The department, with receipt and acknowledgement submitted to the state treasurer, may deposit funds within the account 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.
(b) The account shall consist of:
(i) Funds appropriated by the legislature, funds received under 29 U.S.C. 49 et seq. and other federal funds and funds received from any other source for purposes specified in this section;
(ii) Federal funds and funds from any other state received as compensation for services or facilities supplied from the account;
(iii) 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
(iv) Any proceeds from the sale or disposition of equipment or supplies purchased by the account.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 2 - Fund Administration › Section 27-3-206 - Replacement of Certain Funds; How Implemented; Reports.

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.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 2 - Fund Administration › Section 27-3-207 - Employment Security Revenue Account.

27-3-207. Employment security revenue account.
(a) The employment security revenue account is created as a separate account in the employment security administration account. Monies within the account may only be expended by legislative appropriation. The account shall be used:
(i) To replace any funds pursuant to W.S. 27-3-206;
(ii) 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
(iii) Instead of federal funds requested but not received provided the account is reimbursed upon receipt of requested federal funds.
(b) Notwithstanding W.S. 27-3-201, 27-3-202 and 27-3-205, the employment security revenue account shall consist of:
(i) 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
(ii) 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.
(c) 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.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 2 - Fund Administration › Section 27-3-208 - Advances From Federal Unemployment Trust Fund.

27-3-208. Advances from federal unemployment trust fund.
(a) The governor may apply for and receive advances to the state of Wyoming from its account in the federal unemployment trust fund and shall be responsible for the advances in accordance with the conditions specified in Title XII of the "Social Security Act", as amended, in order to secure to Wyoming the advantages available under that title.
(b) 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].
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 2 - Fund Administration › Section 27-3-209 - State Unemployment Insurance Trust Fund Established.

27-3-209. State unemployment insurance trust fund established.
(a) There is established the state unemployment insurance trust fund. All state unemployment insurance contributions collected under W.S. 27-3-503 through 27-3-505, less refunds, shall be deposited into the fund and held in 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.
(b) 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.
(c) 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.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 2 - Fund Administration › Section 27-3-211 - Employment Support Fund Established.

27-3-211. Employment support fund established.
(a) There is established the employment support fund. Revenues allocated pursuant to W.S. 27-3-505(a) shall be credited to the employment support fund by the department, with receipt and acknowledgement submitted to the state treasurer. The state treasurer shall invest available revenues in the fund in accordance with law, and earnings from those investments shall be credited to the fund. Notwithstanding W.S. 9-2-1008 and 9-4-207, the monies in the employment support fund shall not revert.
(b) 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:
(i) Offset funding deficits for program administration under this act;
(ii) Collect and administer the revenues collected under W.S. 27-3-505(a);
(iii) Further support programs to strengthen unemployment fund solvency;
(iv) Support employment office programs administered by the department of workforce services.
(c) The department shall report annually to the joint appropriations committee and the joint labor, health and social services interim committee not later than September 1 of each year on the status of the employment support fund, detailing fund expenditures and the fund's current balance.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 3 - Benefits › Section 27-3-301 - Definitions.

27-3-301. Definitions.
(a) As used in this article:
(i) "Additional benefits" means benefits payable under state law to exhaustees due to high unemployment conditions or other special factors and totally financed by any state;
(ii) "Applicable benefit year" means an individual's most 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;
(iii) "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;
(iv) "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.;
(v) "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;
(vi) "Regular benefits" means benefits, excluding extended and additional benefits, payable to an individual under this act 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.;
(vii) "State law" means the unemployment insurance law of any state approved by the United States secretary of labor under 26 U.S.C. 3304.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 3 - Benefits › Section 27-3-302 - Payment; Liability.

27-3-302. Payment; liability.
(a) Benefits provided by this article are payable from the unemployment compensation fund established by W.S. 27-3-201. All benefits shall be paid through department offices in accordance with regulations of the commission.
(b) The department is liable for benefit payments only to the extent provided by this act and to the extent that funds are available within the fund.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 3 - Benefits › Section 27-3-304 - Maximum Payment.

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.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 3 - Benefits › Section 27-3-305 - Disclosure of Child Support Obligations Required; Notification; Amount Withheld; Payment; Applicability of Provisions.

27-3-305. Disclosure of child support obligations required; notification; amount withheld; payment; applicability of provisions.
(a) An individual filing a new claim for benefits payable under this act shall disclose if he owes child support obligations enforced pursuant to a plan 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.
(b) 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.:
(i) Repealed By Laws 2005, ch.186, 3.
(ii) 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.
(iii) Repealed By Laws 2005, ch. 186, 3.
(c) 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.
(d) 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.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 3 - Benefits › Section 27-3-307 - Eligibility When Enrolled in Approved Training Program; Standards for Training Program Approval.

27-3-307. Eligibility when enrolled in approved training program; standards for training program approval.
(a) Notwithstanding W.S. 27-3-306(a)(i) and (iii) or 27-3-311(a)(ii) and (iii) or any federal law relating to availability for, active search for, failure to apply for or refusal to accept suitable work, an otherwise eligible individual is eligible for benefits for any week if he is:
(i) Enrolled in a training program approved by the department pursuant to subsection (b) of this section; or
(ii) In training approved under federal law.
(b) Standards for training program approval under subsection (a) of this section are:
(i) Licensed or accredited by the appropriate agency;
(ii) Preparation for job skills for occupations with good employment opportunities;
(iii) Individual interest, aptitude and motivation determined necessary by the department to complete the course successfully;
(iv) Regular class attendance, satisfactory progress in course work and individual compliance with other training requirements of the institution;
(v) 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
(vi) Current skills of the individual are obsolete or offer minimal employment opportunities.
(c) Notwithstanding W.S. 27-3-311(a)(i), an otherwise eligible individual is eligible for benefits in any week if he:
(i) Is in training approved under federal law; or
(ii) Left work to enter approved training if the work is not suitable, as defined under federal law.
(d) 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:
(i) 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;
(ii) Provides the department with a copy of his apprenticeship agreement;
(iii) Files claims in accordance with the rules of the department;
(iv) Establishes to the satisfaction of the department that the training is an approved apprenticeship program; and
(v) Has his most recent employer approve his participation in the training.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 3 - Benefits › Section 27-3-309 - Eligibility of Aliens; Standard of Proof Required.

27-3-309. Eligibility of aliens; standard of proof required.
(a) Benefits shall not be payable on the basis of services performed by an alien unless the alien was lawfully admitted for permanent residence in the United States at the time the services were performed, was lawfully present 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) of the Immigration and Nationality Act.
(b) 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.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 3 - Benefits › Section 27-3-310 - Eligibility After Receiving Worker's Compensation.

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 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.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 3 - Benefits › Section 27-3-312 - Determination of Suitable Work.

27-3-312. Determination of suitable work.
(a) In determining if work is suitable for purposes of W.S. 27-3-311(a), the department shall consider:
(i) The risk involved to an individual's health, safety and morals;
(ii) The individual's physical fitness;
(iii) The length of unemployment of the individual;
(iv) The prospects for securing local employment in the individual's customary occupation;
(v) The distance of available employment from the individual's residence; and
(vi) If the individual is capable of performing the work.
(b) Notwithstanding any other provision of this act, work is not suitable if:
(i) It is available because of a strike, lockout or other labor dispute;
(ii) The wages, hours or other conditions are substantially less favorable for the individual than those prevailing for similar work within the locality; or
(iii) 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.
(c) Repealed by Laws 1984, ch. 50, 3.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 3 - Benefits › Section 27-3-313 - Other Grounds for Disqualification.

27-3-313. Other grounds for disqualification.
(a) For any week with respect to which the following situations occur or payments have been or will be received, an individual shall be disqualified from benefit entitlement if:
(i) Total or part total unemployment for any week is due to work 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;
(ii) Repealed By Laws 2003, Ch. 73, 2.
(iii) 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;
(iv) 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;
(v) 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.
(b) Payments received under this section shall be allocated pursuant to the regulations of the commission.
(c) 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.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 3 - Benefits › Section 27-3-314 - Extended Benefit Period; State "On" and "Off" Indicators; Notice.

27-3-314. Extended benefit period; state "on" and "off" indicators; notice.
(a) An extended benefit period begins with the third week following a week in which there is a state "on" indicator and ends with the third week after the first week in which there is a state "off" indicator or the 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.
(b) 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.
(c) The department shall provide prior public notice of the beginning and the end of an extended benefit period within this state.
2023 Wyoming Statutes › Title 27 - Labor and Employment › Chapter 3 - Unemployment Compensation › Article 3 - Benefits › Section 27-3-315 - When Individual Deemed Exhaustee; Matters Excluded From Determination of Regular Benefits.

27-3-315. When individual deemed exhaustee; matters excluded from determination of regular benefits.
(a) An individual is an exhaustee under this article for any week of unemployment in his eligibility period if he has:
(i) Received prior to that week all regular benefits available to him under this article or any other state law in his applicable benefit year which includes that week; or
(ii) 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
(iii) 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
(iv) 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
(v) 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.
(b) An individual shall have received all regular benefits under paragraphs (a)(i) and (ii) of this section regardless of:
(i) 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;
(ii) 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
(iii) Any disqualification cancelling his wage credits or reducing all rights to regular benefits for his established benefit year.