reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 1 - UNPAID WAGE CLAIMS › Section 1-5 - Investigation

Current through July 13, 2024
For the purpose of determining the validity of any claim,
				  Labor Standards may:
(a) Interview and
				obtain additional statements from either party;
(b) Examine, copy and inspect any relevant
				records or documents held by the parties or other persons;
(c) Interview and obtain written or oral
				statements of third persons relevant to the claim;
(d) Contact and receive relevant information
				from any other governmental agencies and/or officials;
(e) Make any and all relevant inquiries
				necessary in making a determination; and
(f) Refer the claim for an administrative
				hearing pursuant to Wyoming Statute §
									
										27-4-504, should the employer fail to
				cooperate with the investigation.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 1 - UNPAID WAGE CLAIMS › Section 1-6 - Wage Offset Rules

Current through July 13, 2024
The following sums shall constitute proper offsets from wages
				  due an employee:
(a) Any sums deducted
				from wages pursuant to the Internal Revenue Code or any other Federal tax
				provision.
(b) Any sums deducted
				from wages pursuant to the Social Security Administration Act or the Federal
				Insurance Contribution Act.
(c) Any
				sums deducted from wages as dues, contributions, or other fees to any labor
				organization or association; or as contributions for any employee's
				participation or eligibility in any health, welfare, insurance, retirement, or
				other benefit plan or program, provided:
(i)
				That such employee has granted written authorization for such deductions;
				and
(ii) That such deductions shall
				terminate upon the employee's written revocation of said
				authorization.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 1 - UNPAID WAGE CLAIMS › Section 1-7 - Conference

Current through July 13, 2024
Where Labor Standards deems appropriate or upon request of
				  either party, and upon agreement by both parties, an informal conference may be
				  held. The conference may be used to establish facts, narrow the issues, and
				  attempt resolution of the claim.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 1 - UNPAID WAGE CLAIMS › Section 1-8 - Final Determination

Current through July 13, 2024
Upon conclusion of the investigation and all necessary
				  inquiries, Labor Standards shall make a final determination as to the validity
				  of the claim filed. The final determination may find the claim to be invalid,
				  valid in the original amount claimed, or valid in an amount different from that
				  claimed. Labor Standards shall notify the parties of the final determination by
				  certified mail.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 1 - UNPAID WAGE CLAIMS › Section 1-9 - Fair Hearings

Current through July 13, 2024
(a) Any party
				aggrieved by Labor Standards' final determination may request a fair hearing
				pursuant to Wyoming Statute §§
									
										27-2-109(g) or
				27-4-504(b).
				A request for a fair hearing shall be in writing and received by Labor
				Standards within fifteen (15) days of receipt of the final
				determination.
(b) Any hearing held
				pursuant to this Chapter shall be conducted in accordance with the Wyoming
				Administrative Procedures Act, Wyoming Statute §§
									
										16-3-107 through -115, and the Wyoming Office
				of Administrative Hearings' rules for Contested Case Proceedings, which are
				hereby incorporated by reference and can be found at:
https://rules.wyo.gov/Search.aspx?RefNum=270.0001.2.07202017
(i) The rules for Contested Case Proceedings
				were adopted by the Wyoming Office of Administrative Hearings and in effect on
				July 20, 2017.
(ii) No later
				amendments to the rules for Contested Case Proceedings are incorporated by
				reference.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 1 - UNPAID WAGE CLAIMS › Section 1-10 - Order to Pay

Current through July 13, 2024
(a) In the event an
				employer fails to pay wages due as determined by Labor Standards and fails to
				request a fair hearing within fifteen (15) days of receipt of the final
				determination, Labor Standards shall issue an order requiring payment of wages
				due. The order shall be sent by certified mail. The employer shall submit the
				ordered amount to Labor Standards within fifteen (15) days of receipt of the
				order.
(b) If the hearing officer's
				written decision determines wages are due, Labor Standards shall issue an order
				requiring payment of wages due, together with any interest or fees ordered by
				the hearing officer pursuant to Wyoming Statute §
									
										27-4-104(b). The order shall
				be sent by certified mail. The employer shall submit the ordered amount to
				Labor Standards within fifteen (15) days of receipt of the order.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 2 - CONTESTED PREVAILING WAGE DETERMINATION HEARING RULES › Section 2-1 - Authority

Current through July 13, 2024
These rules are promulgated pursuant to
				  W.S.
				  27-4-404 of the Wyoming Prevailing Wage Act
				  of 1967.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 2 - CONTESTED PREVAILING WAGE DETERMINATION HEARING RULES › Section 2-2 - Definitions

Current through July 13, 2024
By reference, all definitions set forth in
				  W.S.
				  27-4-402 and all amendments thereto are
				  incorporated herein. In addition, the following definitions are set
				  forth:
(a) "Act" means the Wyoming
				Prevailing Wage Act of 1967, W.S.
				W.S.
				27-4-401 through
				27-4-413, as amended.
(b) "Department" means the Department of
				Workforce Services.
(c) "Labor
				Standards" means Labor Standards, a program within the Department of Workforce
				Services.
(d) "Hearing Officer"
				means the Director of the Department of Workforce Services or his/her duly
				authorized representative.
(e)
				"Affected Person" means any person who may be affected by a wage
				determination.
(f) "Person" means
				one (1) or more individuals, partnerships, corporations, associations, limited
				liability companies, unions or legal representatives of the above.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 2 - CONTESTED PREVAILING WAGE DETERMINATION HEARING RULES › Section 2-3 - Commencement of Proceedings

Current through July 13, 2024
Hearings shall be initiated as follows:
(a) Any affected person who objects to the
				department's wage determination may file a written notice of the
				objection
(b) The written notice of
				objection must be filed with Labor Standards within fifteen (15) days after the
				publication and notification of the wage determination.
(c) The written notice of objection shall
				contain the following:
(i) The affected
				party's name, current mailing address and telephone number and, where
				applicable, the name, current mailing address an telephone number on whose
				behalf the objection is being made.
(ii) A list of the crafts or types of workmen
				and their hourly rate of wages being objected to;
(iii) The hourly rate of wages the affected
				party believes should prevail for each craft or type of workman listed in the
				objection;
(iv) Specific grounds
				for the objection; and
(v) A
				description of how the affected party would be affected by the wage
				determination.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 2 - CONTESTED PREVAILING WAGE DETERMINATION HEARING RULES › Section 2-4 - Notice of Hearing

Current through July 13, 2024
(a) Within ten (10)
				calendar days of the receipt of the written notice of objection, Labor
				Standards shall set a date for a hearing on the objection.
(b) The date of the hearing shall be within
				thirty (30) calendar days of the receipt of the objection.
(c) At least five (5) calendar days prior to
				the hearing date, Labor Standards shall notify the affected party(s), in
				writing, of the time and place of the hearing.
(d) Labor Standards shall notify the affected
				party(s) of the hearing by certified mail.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 2 - CONTESTED PREVAILING WAGE DETERMINATION HEARING RULES › Section 2-5 - Default Appearance

Current through July 13, 2024
(a) In the event an
				affected party fails to appear or testify at the hearing, the wage
				determination shall be deemed valid and final, and shall not be subject to
				review by the hearing officer.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 2 - CONTESTED PREVAILING WAGE DETERMINATION HEARING RULES › Section 2-6 - Attorneys

Current through July 13, 2024
All persons appearing before the hearing officer have the
				  right to represent themselves or be represented by an attorney. However, no
				  attorney will be permitted to make statements or examine or cross-examine
				  witnesses on behalf of a party unless such attorney is licensed to practice law
				  in the State of Wyoming, or if not licensed to practice in the State of
				  Wyoming, such attorney shall be associated with a Wyoming attorney qualified to
				  practice law in the State of Wyoming. These rules shall not be construed to
				  prohibit any person from representing himself/herself in any hearing before the
				  hearing officer.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 2 - CONTESTED PREVAILING WAGE DETERMINATION HEARING RULES › Section 2-7 - Reporting Testimony

Current through July 13, 2024
In all hearings held pursuant to the Act and these rules and
				  regulations, all testimony shall be tape-recorded. Any party requesting a
				  transcript of the taped hearing will be provided one at his/her
				  expense.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 2 - CONTESTED PREVAILING WAGE DETERMINATION HEARING RULES › Section 2-8 - Final Determination

Current through July 13, 2024
Within ten (10) calendar days after the hearing is concluded,
				  the hearing officer shall rule on the objection(s) to the prevailing wage
				  determination(s) and enter a final determination. The hearing officer shall
				  serve by certified mail or personal service a certified copy of the final
				  determination on all parties in accordance with
				  W.S.
				  27-4-407(d).
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 2 - CONTESTED PREVAILING WAGE DETERMINATION HEARING RULES › Section 2-9 - Appeals

Current through July 13, 2024
The hearing officer's final determination may be appealed to
				  the District Court in accordance with
				  W.S.
				  27-4-407(e) and the Wyoming
				  Administrative Procedure Act [W.S.
				  W.S.
				  16-3-114 through
				  16-3-115 ].
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 2 - CONTESTED PREVAILING WAGE DETERMINATION HEARING RULES › Section 2-10 - Record on Appeal

Current through July 13, 2024
Upon appeal of the final determination, Labor Standards shall
				  prepare and transmit to the reviewing court, the entire record of the hearing
				  in accordance with Rule 12.07 of the Wyoming Rules of Appellant
				  Procedure.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 3 - FAIR EMPLOYMENT RULES › Section 3-2 - Definitions

Current through July 13, 2024
As used in these rules:
(a) "Act" means Wyoming Fair Employment
				Practices Act of 1965, as amended.
(b) "Department" means the Department of
				Workforce Services, State of Wyoming.
(c) "Labor Standards" means Labor Standards,
				a program within the Department of Workforce Services.
(d) "Complaint" means a verified, written
				statement on a Charge of Discrimination form provided by Labor Standards, which
				sets forth the name(s) and address(es) of the person(s), employer(s),
				employment agency(ies) or labor organization(s) alleged to have committed the
				discriminatory or unfair employment practice(s) and a detailed account of the
				discrimination or unfair employment practice complained of.
(e) "Verified" means a complaint in which the
				complainant signs and swears or affirms before a notary public that the facts
				and allegations stated in the complaint are true.
(f) "Complainant" means any person claiming
				to be aggrieved by a discriminatory or unfair employment practice and who has
				filed a complaint with Labor Standards.
(g) "Employee" means any person who, under
				the usual common law rules applicable in determining the employer-employee
				relationship, has the status of an employee.
(h) "Employer" means the State of Wyoming, or
				any political subdivision or board, commission, department, institution or
				school district thereof, and every other person employing two or more employees
				within the state; but employer shall not mean religious organizations or
				associations.
(i) "Respondent"
				means any employer, employment agency or labor organization against whom a
				complaint has been filed.
(j)
				"Court" means 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 the time, then any judge of said
				court.
(k) "Conciliation Process"
				means the negotiation process used by Labor Standards in an attempt to arrive
				at a mutually agreed upon resolution of the complaint where a probable cause
				determination has been made.
(l)
				"Make Whole" means any form of relief determined by Labor Standards to place
				the complainant as nearly as possible in the position he or she would have
				enjoyed had the discriminatory or unfair employment practice not
				occurred.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 3 - FAIR EMPLOYMENT RULES › Section 3-3 - Complaints

Current through July 13, 2024
(a) Who may file:
				Any person claiming to be aggrieved by a discriminatory or unfair employment
				practice; may personally or through his/her attorney file a verified
				complaint.
(b) Time limit on
				filing: A complaint must be filed with Labor Standards within six (6) months of
				the alleged discriminatory or unfair employment practice. If the last day of
				the sixth (6th) month falls on a Saturday, Sunday or state recognized holiday,
				the deadline for filing the complaint shall be extended to the next business
				day.
(c) Form of Complaint: The
				complaint shall be made on a Charge of Discrimination form provided by Labor
				Standards.
(d) Place to file: All
				complaints must be filed at any Labor Standards office.
(e) Manner of Filing: Complaints may be filed
				with Labor Standards by personal delivery, U.S. Mail, or facsimile. Where a
				complaint is filed by facsimile, complainant shall forward the original
				complaint to Labor Standards as soon as possible. A complaint shall be deemed
				filed when one or more of the following have occurred:
(i) In Person. When a complaint is submitted
				in person with a representative of Labor Standards, that submittal is deemed to
				occur the day the person physically delivers the document into the hands of the
				Labor Standards representative authorized to receive it.
(ii) By Mail. When a complaint is filed with
				Labor Standards by mail, that submittal is deemed to have been filed as of the
				postmark date on the envelope by which the document is mailed.
(iii) By Facsimile. When a complaint is filed
				with Labor Standards by fax, that document is deemed to have been filed as of
				the date the document is received. The fax must contain sufficient information
				to identify the party providing the information and the purpose for which it is
				intended. The party sending the fax assumes the risk of transmission errors or
				illegibility.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 3 - FAIR EMPLOYMENT RULES › Section 3-5 - Fair Hearings

Current through July 13, 2024
(a) Who Shall
				Conduct Fair Hearings: Fair hearings shall be conducted by an independent
				hearing officer. Labor Standards shall contract with an independent hearing
				officer in accordance with
				W.S.
				27-9-104(b).
(b) Fair Hearing Procedures: The independent
				hearing officer shall conduct the fair hearing in accordance with
				W.S.
				27-9-101 through
				27-9-106 and the Wyoming
				Administrative Procedures Act,
				W.S.
				16-3-107 through
				16-3-115.
(c) Authority and Final Agency Action: The
				independent hearing officer shall exercise all authority of the Department
				under W.S. 27-9 101 through
				
										27-9-106. The independent hearing officer's
				decision shall constitute the Department's final agency action.
(d) Any individual may appear for himself in
				any proceeding before any appeal tribunal. Any partnership may be represented
				by any of its members or a duly authorized representative. Any corporation or
				association may be represented by an officer or a duly authorized
				representative.
(e) Any party may
				appear by an attorney at law admitted to practice in the State of Wyoming or
				who is admitted pro hac vice.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 3 - FAIR EMPLOYMENT RULES › Section 3-6 - Judicial Review

Current through July 13, 2024
(a) Appeals to
				District Court: Pursuant to W.S. §
									
										16-3-114, any complainant or respondent
				aggrieved or adversely affected by the hearing officer's decision may file a
				petition for judicial review. Petitions for judicial review of the hearing
				officer's decision shall be made pursuant to Rule 12 of the Wyoming Rules of
				Appellate Procedure.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 4 - CERTIFICATION OF RESIDENT CONTRACTORS AND SUPPLIERS › Section 4-2 - Purpose

Current through July 13, 2024
This Chapter is adopted to aid and ensure compliance with the
				  residency requirements for Wyoming Public Works and Contracts as specified in
				  Wyoming Statute §§
									
										16-6-101
				  through -121.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 4 - CERTIFICATION OF RESIDENT CONTRACTORS AND SUPPLIERS › Section 4-3 - Definitions

Current through July 13, 2024
(a) "Contractor"
				means an individual or business entity engaged in construction, major
				maintenance, renovation, or improvement of any public work.
(b) "Labor Standards" means a program within
				the Department of Workforce Services.
(c) "Residency Preference" means the five
				percent bid preference awarded pursuant to Wyoming Statute §
									
										16-6-203(a)  of the Wyoming
				Preference Act of 1971.
(d)
				"Supplier" means an individual or business entity engaged in supplying
				products, goods, materials, or services to the state, any department thereof,
				or any county, city, town, school district, community college district, or
				other public corporation of the state.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 4 - CERTIFICATION OF RESIDENT CONTRACTORS AND SUPPLIERS › Section 4-4 - Application and Eligibility

Current through July 13, 2024
(a) A contractor or
				supplier may apply to Labor Standards to be certified as a resident at any
				time. A contractor or supplier shall not be certified as a resident until a
				certificate of residency has been issued by Labor Standards.
(b) All contractors and suppliers seeking to
				be certified as a resident shall complete and submit all documents and
				affidavit(s) required by Labor Standards. Upon request by Labor Standards,
				applicants and certified residents shall submit any additional information or
				documentation that Labor Standards may deem necessary to determine residency
				status.
(c) All applications for
				resident certification shall be accompanied by an application fee, payable to
				Labor Standards.
(i) The application fee for
				resident certification filed under Wyoming Statute §
										
											16-6-101(a)(i)(J) shall be
				one-hundred dollars ($100.00).
(ii)
				The application fee for all other resident certifications shall be forty
				dollars ($40.00).
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 4 - CERTIFICATION OF RESIDENT CONTRACTORS AND SUPPLIERS › Section 4-5 - Annual Renewal

Current through July 13, 2024
(a) A certified
				resident's certificate of residency shall be valid for a period of one (1) year
				from the date issued.
(b) Prior to
				the expiration date noted on the certificate of residency, a certified resident
				may apply to Labor Standards for an annual renewal of its certified resident
				status. Labor Standards shall issue a new certificate of residency upon the
				certified resident's submission of the following to Labor Standards:
(i) The current certificate of
				residency;
(ii) Any documents
				required by Labor Standards to verify the certified resident's continued
				resident status; and
(iii) A
				renewal fee, payable to Labor Standards.
(A)
				The renewal fee for resident certification filed under Wyoming Statute §
											
												16-6-101(a)(i)(J) shall be
				one-hundred dollars ($100.00).
(B)
				The renewal fee for all other resident certifications shall be forty dollars
				($40.00).
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 4 - CERTIFICATION OF RESIDENT CONTRACTORS AND SUPPLIERS › Section 4-6 - Notification of Changes

Current through July 13, 2024
A certified resident shall notify Labor Standards in writing
				  and complete new affidavits, as required, within thirty (30) calendar days of
				  any of the following changes:
(a) For
				a Sole Proprietorship: any change in the name or mailing address or street
				address of the owner of the sole proprietorship; any change of ownership of the
				sole proprietorship; and any change in the business address of the sole
				proprietorship.
(b) For a
				Partnership or Association: any change in the name or mailing address or street
				address of any partner of the partnership or member of the association; any
				change of partners of the partnership or members of the association; and any
				change in the business address of the partnership or the association.
(c) For a Limited Partnership: any change in
				the name or mailing address or street address of any of the general partners of
				the limited partnership; any change of the general partners of the limited
				partnership; and any change in the business address of the limited
				partnership.
(d) For a Registered
				Limited Liability Partnership: any change in the name or mailing address or
				street address of any of the members of the registered limited liability
				partnership; any change in the membership of the registered limited liability
				partnership; and any change in the business address of the registered limited
				liability partnership.
(e) For a
				Limited Liability Company: any change in the name or mailing address or street
				address of any of the managing members or appointed managers of the limited
				liability company; any change in the managing members or appointed managers of
				the limited liability company; and any change in the business address of the
				limited liability company.
(f) For
				a Corporation: any change in the name or mailing address or street address of
				the president of the corporation; any change of the president of the
				corporation; and any change of the business address of the
				corporation.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 4 - CERTIFICATION OF RESIDENT CONTRACTORS AND SUPPLIERS › Section 4-8 - Investigation

Current through July 13, 2024
(a) Labor Standards
				shall investigate an applicant or certified resident to determine compliance
				with Wyoming Statute §§
									
										16-6-101
				through -121 if there is reason to suspect noncompliance or upon receipt of a
				complaint. Investigation may include, but is not limited to, conducting an
				on-site inspection of the Employer's principal office and principal place of
				business.
(b) In determining
				whether an Employer's key business functions are performed in Wyoming, Labor
				Standards may consider evidence concerning the Employer's operation, marketing,
				finance, and human resources functions, including but not limited to,
				manufacturing, provision of services, sales, advertising, product design,
				business administration, financial management, contracting, recruiting, and
				training.
(c) Upon completion of
				its investigation, Labor Standards shall make a determination as to whether the
				applicant or certified resident is in compliance with the provisions of Wyoming
				Statute §§
									
										16-6-101
				through -121.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 4 - CERTIFICATION OF RESIDENT CONTRACTORS AND SUPPLIERS › Section 4-9 - Notice of Determination

Current through July 13, 2024
(a) Labor Standards
				shall notify the subject applicant or certified resident in writing of its
				determination.
(b) Where the
				investigation was initiated by a complaint, Labor Standards shall notify the
				complainant of its determination if the complainant is known to Labor
				Standards.
(c) Where Labor
				Standards makes a determination that the applicant or certified resident is not
				in compliance with either Wyoming Statute §§
									
										16-6-101
				or
				16-6-108,
				Labor Standards shall include in its determination a notification of its intent
				to deny or revoke the certificate of residency. Labor Standards shall also
				inform the applicant or certified resident of the opportunity to request a
				hearing regarding the determination.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 4 - CERTIFICATION OF RESIDENT CONTRACTORS AND SUPPLIERS › Section 4-10 - Request for Hearing

Current through July 13, 2024
(a) A request for a
				hearing shall be in writing and received by Labor Standards within thirty (30)
				days of the applicant's or certified resident's receipt of Labor Standards'
				determination.
(b) Where the
				applicant or certified resident does not request a hearing within thirty (30)
				days, Labor Standards shall either deny or revoke the certificate of
				residency.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 4 - CERTIFICATION OF RESIDENT CONTRACTORS AND SUPPLIERS › Section 4-12 - Hearing Procedure

Current through July 13, 2024
The hearing officer shall conduct the hearing in accordance
				  with the Wyoming Administrative Procedures Act, Wyoming Statute §§
									
										16-3-107 through -115, and the Wyoming Office
				  of Administrative Hearings' rules for Contested Case Proceedings, which are
				  hereby incorporated by reference and can be found at:
https://rules.wyo.gov/
(a) The rules for Contested Case Proceedings
				were adopted by the Wyoming Office of Administrative Hearings and in effect on
				July 20, 2017.
(b) No later
				amendments to the rules for Contested Case Proceedings are incorporated by
				reference.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 4 - CERTIFICATION OF RESIDENT CONTRACTORS AND SUPPLIERS › Section 4-13 - Recommended Decision

Current through July 13, 2024
(a) Within thirty
				(30) days of the close of the hearing, the hearing officer shall issue a
				recommended decision and send a copy to each party and to Labor
				Standards.
(b) Any party to the
				hearing may file, either together or separately, an exception to the hearing
				officer's recommended decision and a brief in support thereof, with Labor
				Standards within thirty (30) days of the issue date of the recommended
				decision. Exceptions and supportive briefs not timely received shall not be
				reviewed or considered.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 4 - CERTIFICATION OF RESIDENT CONTRACTORS AND SUPPLIERS › Section 4-14 - Final Agency Decision

Current through July 13, 2024
(a) Labor Standards
				shall issue its final agency decision within thirty (30) days from the end of
				the exception filing period.
(b) In
				its final agency decision, Labor Standards may accept, reject, or modify the
				hearing officer's recommended decision. The final agency decision shall
				constitute Labor Standards' final agency action.
(c) Labor Standards shall notify all parties
				by certified mail of its final agency decision.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 5 - DISABILITY DISCRIMINATION RULES › Section 5-1 - Purpose

Current through July 13, 2024
The purpose of these rules and regulations is to provide
				  definitions and guidelines concerning disability discrimination under the
				  Wyoming Fair Employment Practices Act,
				  W.S.
				  27-9-101 through
				  27-9-108.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 5 - DISABILITY DISCRIMINATION RULES › Section 5-2 - Definitions

Current through July 13, 2024
(a) "Disabled person" means any person who
				has a physical or mental impairment that substantially limits one or more major
				life activity, has a record of such impairment, or is regarded as having such
				an impairment.
(b) "Physical
				impairment" means any physiological disorder or condition, cosmetic
				disfigurement, or anatomical loss affecting one or more of the following body
				systems: neurological; musculoskeletal; special sense organs; cardiovascular;
				reproductive; digestive; genitourinary; hemic and lymphatic; skin; and
				endocrine.
(c) "Mental impairment"
				means any mental or psychological disorder, such as mental retardation; organic
				brain syndrome; emotional or mental illness; and specific learning
				disabilities.
(d) "Major life
				activities" means functions such as caring for one's self, performing manual
				tasks, walking, seeing, hearing, speaking, breathing, learning, or
				working.
(e) "Has a record of such
				an impairment" means:
(1) has a history of a
				mental or physical impairment which substantially limits one or more life
				activities, or
(2) has been
				misclassified as having a mental or physical impairment which substantially
				limits one or more life activities.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 5 - DISABILITY DISCRIMINATION RULES › Section 5-3 - Reasonable Accommodation

Current through July 13, 2024
(a) An employer
				shall make reasonable accommodation for known physical or mental impairments of
				qualified disabled persons unless the employer can demonstrate that the
				accommodation would impose an undue hardship on the operation of its
				business.
(b) Reasonable
				accommodations may include but are not limited to the following:
(i) Making facilities used by employees
				readily accessible to and useable by qualified disabled persons;
(ii) Job restructuring;
(iii) Modifying work schedules;
(iv) Acquiring or modifying equipment or
				devices; or
(v) Providing qualified
				readers or interpreters.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 6 - PREVAILING WAGES › Section 6-1 - Authority

Current through July 13, 2024
This Chapter is promulgated by the authority of Wyoming
				  Statute § 27-4-404 of the Wyoming Prevailing Wage Act of 1967, as
				  amended.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 6 - PREVAILING WAGES › Section 6-2 - Purpose

Current through July 13, 2024
This Chapter is adopted to establish procedures for computing
				  and determining Wyoming's prevailing wage rates, to set forth contested case
				  hearing procedures, and to establish investigation and enforcement procedures,
				  in accordance with the Prevailing Wage Act.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 6 - PREVAILING WAGES › Section 6-3 - Definitions

Current through July 13, 2024
(a) "Affected Person" means any individual or
				entity who may be affected by Labor Standards' determination.
(b) "Base Wage Rate" means the prevailing
				hourly rate of wages, less fringe benefits.
(c) "Building Construction" means the
				construction generally needed to perform construction, reconstruction,
				improvement, enlargement, alteration, or repair of any public building fairly
				estimated to cost one-hundred thousand dollars ($100,000.00) or more.
(d) "Fringe Benefits" means the usual and
				customary benefits paid to workers in addition to wages.
(e) "Heavy and Highway Construction" means
				the construction generally needed to perform construction, reconstruction,
				improvement, enlargement, alteration, or repair of any heavy or highway project
				fairly estimated to cost one-hundred thousand dollars ($100,000.00) or
				more.
(f) "Journeyman Level Worker"
				means a worker with sufficient experience and training in his or her trade to
				be proficient in the skills necessary to perform all aspects of the
				trade.
(g) "Labor Standards" means
				Labor Standards, a program within the Wyoming Department of Workforce
				Services.
(h) "Moving Average Wage
				Adjustment" means an adjustment made to the prevailing hourly rate of wages to
				allow for economic fluctuations when sufficient data has not been provided for
				certain job classifications.
(i)
				"Prevailing Wage Act" means the Wyoming Prevailing Wage Act of 1967, as
				amended, Wyoming Statute §§ 27-4-101 through 413.
(j) "Survey" means an instrument to ascertain
				the prevailing hourly rate of wages for the construction trades through data
				collection of relevant hourly wages paid to workmen.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 6 - PREVAILING WAGES › Section 6-4 - Annual Surveys

Current through July 13, 2024
(a) Labor
				Standards may engage the services of an independent contractor to distribute
				surveys and determine the annual prevailing rate of wages.
(b) Surveys shall be sent annually to the
				appropriate employers and employee organizations for purposes of determining
				the annual prevailing hourly rate of wages.
(c) For the purposes of determining the
				annual prevailing hourly rate of wages for the Building Construction trades and
				the Heavy and Highway Construction trades, surveys shall be conducted in
				September to collect total number of hours worked by classification of worker
				for the period of September 1 of the previous year through August 31 of the
				current year, plus the most recent rate of pay, to include fringe benefits, by
				classification of worker for the survey period.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 6 - PREVAILING WAGES › Section 6-5 - Survey Types

Current through July 13, 2024
There shall be two separate surveys constructed to determine
				  the prevailing hourly rate of wages; one survey for Building Construction and
				  another for Heavy and Highway Construction, as follows:
(a) A survey to determine the prevailing
				hourly rate of wages for Building Construction shall be sent to employers and
				employee organizations engaged in construction, reconstruction, improvement,
				enlargement, alteration, or repair of public works projects or other large
				commercial projects.
(b) A survey
				to determine the prevailing hourly rate of wages for Heavy and Highway
				Construction shall be sent to employers and employee organizations engaged in
				construction, reconstruction, improvement, enlargement, alteration, or repair
				of major heavy and/or highway projects.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 6 - PREVAILING WAGES › Section 6-7 - Computation of Base Wage Rate

Current through July 13, 2024
The base wage rate shall be computed according to the formula
				  and considerations set forth below:
(a) The rate of wages paid in the locality in
				which the work is to be performed, to the majority of those employed in that
				classification in construction in the locality similar to the proposed
				undertaking. A distinction shall be recognized, based on area practice within
				the State, between Building Construction and Heavy and Highway Construction,
				and the job classifications typically associated with them.
(b) When fifty percent (50%) or more of those
				employed in a classification are paid at the same rate, that rate shall be the
				base wage rate for that job classification.
(c) In the event that not more than fifty
				percent (50%) of employees in a classification are paid at the same rate, then
				the rate paid to the greater number shall be used. The greater number must be
				at least thirty percent (30%) of those employed.
(d) In the event that the thirty percent
				(30%) threshold of Subsection(c) above is not met, then an average rate shall
				be used. The average rate for each classification in a locality shall be the
				rate obtained by:
(i) Adding the hourly rates
				paid to all workers in the classification and dividing by the total number of
				such workers.
Click
				  here to view image
(ii) Dividing the total wages paid by the
				total number of hours worked in the classification.
Click
				  here to view image
(iii) Then the Base Wage Rate will be the
				average of AVERAGE RATE 1 and AVERAGE RATE 2:
Ex: BASE WAGE RATE =
AVERAGE RATE 1 + AVERAGE
				  RATE 2
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 6 - PREVAILING WAGES › Section 6-9 - Fringe Benefits

Current through July 13, 2024
(a) The
				prevailing hourly rate of wages shall include bona fide fringe benefits set
				forth as follows:
(i) Medical and dental
				payments or hospital care;
(ii)
				Pensions on retirement or death;
(iii) Disability benefits and life
				insurance;
(iv) Vacation and
				holiday pay;
(v) Apprenticeship or
				other United States Bureau of Apprenticeship and Training approved training
				program or as approved by the Department of Transportation and Federal Highway
				Administration; and
(vi) Annuity or
				other 401K plans.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 6 - PREVAILING WAGES › Section 6-10 - Objection to Prevailing Hourly Rate of Wages, Request for Hearing, and Effective Date

Current through July 13, 2024
(a) Any affected
				party may submit to Labor Standards its written objection to the determination
				of the prevailing hourly rate of wages and request for a hearing. A hearing
				shall be initiated as set forth in Wyoming Statute §
				27-4-407(a).
(b) An affected
				party's written notice of objection and request for hearing shall contain the
				following:
(i) The affected party's name,
				mailing address, and telephone number;
(ii) A list of the crafts or types of workmen
				and their hourly rate of wages being objected to;
(iii) The hourly rate of wages the affected
				party believes should prevail for each craft or type of workman listed in the
				objection;
(iv) The specific
				grounds for the objection; and
(v)
				A description of how the affected party would be affected by the wage
				Determination.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 6 - PREVAILING WAGES › Section 6-12 - Hearing Procedure

Current through July 13, 2024
The hearing officer shall conduct the hearing in accordance
				  with the Wyoming Administrative Procedures Act, Wyoming Statute §§
				  16-3-107 through 115, and the Wyoming Office of Administrative Hearings' rules
				  for Contested Case Proceedings, which are hereby incorporated by reference and
				  can be found at:
https://rules.wyo.gov/Search.aspx?RefNum=270.0001.2.07202017
(a) The rules for Contested Case Proceedings
				were adopted by the Wyoming Office of Administrative Hearings and in effect on
				July 20, 2017.
(b) No later
				amendments to the rules for Contested Case Proceedings are incorporated by
				reference.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 6 - PREVAILING WAGES › Section 6-13 - Default

Current through July 13, 2024
In the event the objecting party fails to appear at the
				  hearing, the prevailing wage determination shall be deemed valid and final, and
				  shall not be subject to review by the hearing officer.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 6 - PREVAILING WAGES › Section 6-15 - Final Determination

Current through July 13, 2024
Within ten (10) days of the close of the hearing, the hearing
				  officer shall issue a written ruling on the objection(s) to the prevailing wage
				  determination(s). The hearing officer's decision shall constitute Labor
				  Standards' final determination.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 6 - PREVAILING WAGES › Section 6-16 - Investigation

Current through July 13, 2024
(a) Labor Standards shall investigate a
				contractor or subcontractor to determine compliance with the provisions of the
				Prevailing Wage Act if there is reason to suspect noncompliance or upon receipt
				of a complaint.
(b) Labor
				Standards' investigation shall include whether the contractor or subcontractor
				properly classifies its workmen and pays workmen the correct prevailing hourly
				rate of wages, including the base wage rate and fringe benefits, as
				applicable.
(c) In determining
				whether a workman is properly classified, Labor Standards may utilize the 2018
				Standard Occupational Classification System, which is hereby incorporated by
				reference and can be found at:
https://www.bls.gov/soc/2018/major_groups.htm
(i) The 2018 Standard Occupational
				Classification System was adopted by the United States Department of Labor,
				Bureau of Labor Statistics, and in effect on May 14, 2018.
(ii) No later amendments to the 2018 Standard
				Occupational Classification System are incorporated by reference.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 6 - PREVAILING WAGES › Section 6-17 - Enforcement

Current through July 13, 2024
(a) Where Labor Standards' investigation
				reveals a contractor's or subcontractor's noncompliance with the provisions of
				the Prevailing Wage Act, Labor Standards may:
(i) Consult with the noncompliant party and
				allow for a reasonable opportunity to come into compliance; and
(ii) Direct the public entity letting the
				contract, or the general contractor, to withhold further payment to the
				noncompliant party until prevailing wages are paid, pursuant to Wyoming Statute
				§ 16-6-117.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 12 - PREFERENCE FOR WYOMING RESIDENT LABOR › Section 12-1 - Authority

Current through July 13, 2024
This Chapter is promulgated by the authority Wyoming Statute
				  §
									
										16-6-205(a) of the Wyoming
				  Preference Act of 1971, as amended.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0024 - Labor Standards › Chapter 12 - PREFERENCE FOR WYOMING RESIDENT LABOR › Section 12-3 - Definitions

Current through July 13, 2024
(a) "Business
				Consultant Unit" means a team within the Department primarily responsible for
				providing guidance and oversight of the Wyoming Preference Act.
(b) "Certification process" means the methods
				and procedures, established by the Workforce Center, implemented to validate a
				qualified Wyoming resident applicant laborer is provided with adequate
				opportunity to be employed on a public works project, and to ensure each
				Employer has exercised due diligence in hiring Wyoming resident labor prior to
				the issuance of a Certification Letter authorizing the Employer to hire
				nonresident labor.
(c) "Department"
				means the Wyoming Department of Workforce Services.
(d) "Emergency" means an unexpected situation
				that threatens the health, welfare or safety of the public.
(e) "Employer" means a person or entity who
				hires or employs skilled or unskilled laborers for public works
				projects.
(f) "Independent
				contractor" means an individual who performs compensated services for another
				individual or entity, and who:
(i) Is free
				from control or direction over the details of the performance of services by
				contract and by fact;
(ii)
				Represents his/her services to the public as a self-employed individual or an
				independent contractor; and
(iii)
				May substitute another individual to perform his/her services.