reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 1 - AUTHORITY FOR ADOPTION AND AMENDMENT OF RULES, TITLE OF RULES, AND CONSTRUCTION OF RULES › Section 1-1 - Statutory Authority

Current through July 13, 2024
W.S. 27-3-602(b)
				  authorizes the commission to adopt, amend, or rescind rules and regulations in
				  accordance with the Wyoming Administrative Procedure Act.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 1 - AUTHORITY FOR ADOPTION AND AMENDMENT OF RULES, TITLE OF RULES, AND CONSTRUCTION OF RULES › Section 1-2 - Title

Current through July 13, 2024
These rules (Chapter 1 through Chapter 37) are the Rules of
				  the Wyoming Department of Workforce Services, Unemployment Compensation Program
				  as adopted by the Unemployment Insurance Commission of Wyoming and may be cited
				  as the "Rules of the Wyoming Unemployment Compensation Program."
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 1 - AUTHORITY FOR ADOPTION AND AMENDMENT OF RULES, TITLE OF RULES, AND CONSTRUCTION OF RULES › Section 1-3 - Construction of Rules

Current through July 13, 2024
The construction of the Rules of the Wyoming Unemployment
				  Compensation Program shall be governed by the following:
(a) Reference to a numbered section,
				subsection, paragraph, subparagraph or other subdivision of the statutes and
				the abbreviation "W.S." when used in conjunction with a statute section number
				or its designation or identification means the Wyoming Statutes in their most
				recently published form including amendments to original enactments;
(b) Words in the masculine gender include the
				feminine and neuter genders.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 2 - GENERAL PROVISIONS › Section 2-1 - Definitions

Current through July 13, 2024
Unless the context otherwise requires, terms used in the
				  Wyoming Employment Security Law, these rules, interpretations, forms, or other
				  official pronouncements issued by the department or commission shall have the
				  following meanings:
(a) "Address of
				record" means the address given when the claimant files a new or additional
				claim or clearly and unequivocally provides the Division with a change in
				writing, a change using the internet website approved by the Division, or a
				change obtained on the record in an appeals examiner's hearing. The employer's
				address of record shall be the address given when the employer registers as an
				employer with the Division or clearly and unequivocally provides the Division
				with a change in writing or a change using the internet website approved by the
				Division. This does not prohibit the Division from sending correspondence or
				notices to another address for the claimant or employer if it has reason to
				believe the claimant or employer may have moved without notifying the Division,
				but it does not impose a duty on the Division to do so.
(b) "Backpay" is the payment of wages or
				compensation for lost wages to an employee or ex-employee for a period of time
				during which the employer improperly prevented the individual from performing
				services. Backpay is considered wages for purposes of
				W.S.
				27-3-102(a)(xviii).
(c) "Calendar quarter" means a period of
				three consecutive months ending on March 31, June 30, September 30, or December
				31.
(d) "Calendar week" means the
				calendar week of seven consecutive calendar days, beginning 12:01 a.m. Sunday,
				and ending 12:00 midnight the following Saturday.
(e) "Claims"
(i) "Additional claim" means a notice of new
				unemployment filed at the beginning of a second or subsequent series of claims
				within a benefit year or within a period of eligibility when a break of one
				week or more occurs in the claim series with intervening employment.
(ii) "Continued claim" means a request for
				unemployment compensation for a week of unemployment, during a benefit year.
				The Sunday of the week claimed shall be considered the effective date of the
				continued claim.
(iii) "Initial
				claim" means both new and additional claims.
(iv) "New claim" means the first claim filed
				to request a determination of entitlement to and eligibility for compensation.
				This results in a Division generated document of an appealable monetary
				determination provided to the claimant.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 3 - WITHDRAWALS FROM UNEMPLOYMENT TRUST FUND IN THE UNITED STATES TREASURY › Section 3-1 - Procedure for Requisition

Current through July 13, 2024
The division shall requisition from the Unemployment Trust
				  Fund in the United States Treasury the money necessary for the payment of
				  unemployment benefits. Such requests shall be made in accordance with the
				  Wyoming Employment Security Law.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 4 - INFORMATION PRACTICES › Section 4-1 - When Disclosed

Current through July 13, 2024
Information maintained by the division may be released as
				  provided in the Wyoming Employment Security Law, elsewhere in these rules, and
				  under the following circumstances:
(a)
				The employer who provided the requested information gives written authorization
				for its release.
(b) The claimant
				or individual who provided the requested information gives written
				authorization for its release.
(c)
				Decisions or determinations as to benefits rights may be provided to the
				claimant or any employer entitled to notice of said decision or
				determination.
(d) An employer may
				authorize the release of any or all of the information contained in a quarterly
				wage report filed by said employer. A claimant may authorize the release of the
				information in an employer's quarterly wage report that pertains to the
				claimant's wages.
(e) When a prime
				or general contractor requests information to determine a potential or actual
				subcontractor's registration and compliance, as provided for in
				W.S.
				27-3-502(f), the division
				may provide such information to the prime or general contractor.
(f) When the state or a county, municipality,
				political subdivision, or other project owner requests information to determine
				a potential or actual prime or general contractor's registration and compliance
				as provided for in W.S.
				W.S.
				27-3-502(f), the division
				may provide such information to the state, county, municipality, political
				subdivision, or other project owner.
(g) Recordings of examiner hearings may be
				released when both party claimant(s) and party employer(s) who provided the
				information authorize the release. If information is provided in the hearing by
				only one party, that party may authorize the release of the
				recording.
(h) When the Employment
				Security Act imposes a duty on the division to pursue civil or criminal action
				or to collect money in the form of contributions, payments in lieu of
				contributions, benefit overpayments, interest, or to secure employer reports or
				registrations, the division, its employees, and contractors may release
				information from the division files to the extent necessary to perform that
				duty.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 4 - INFORMATION PRACTICES › Section 4-3 - Written Request

Current through July 13, 2024
In the discretion of the division, it may require a request
				  for information from its records to be submitted in writing and require the
				  requester to state to whom the division is to give or send the
				  information.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 4 - INFORMATION PRACTICES › Section 4-4 - Request for Disclosure by Representative

Current through July 13, 2024
When a person's representative requests information on that
				  person's behalf, the division may require the person to furnish the division
				  with written authorization to provide the information to the
				  representative.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 4 - INFORMATION PRACTICES › Section 4-5 - Prohibited Information Practices

Current through July 13, 2024
This division shall:
(a) Not maintain any record on how an
				individual exercises his rights under the First Amendment of the U.S.
				Constitution.
(b) Not maintain any
				system of records whose existence is a secret from the public.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 4 - INFORMATION PRACTICES › Section 4-6 - Release of Statistics on an Industry

Current through July 13, 2024
If a single employing unit has eighty percent or less of the
				  employees in that type of industry in a particular city or county, a disclosure
				  of statistics relating to that industry shall not be considered a disclosure of
				  information revealing the identity of any employer, employing unit, or
				  individual as prohibited by
				  W.S.
				  27-3-603.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 4 - INFORMATION PRACTICES › Section 4-8 - No Remedies Created

Current through July 13, 2024
Nothing herein is considered to create a civil remedy or
				  penalty to any person for destruction of files in a manner other than herein
				  provided or for failure to comply with the information practices herein
				  provided.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 6 - COMPUTING TIME LIMITS AND DETERMINING WHEN DOCUMENTS ARE FILED OR PAYMENTS MADE › Section 6-1 - Applicability

Current through July 13, 2024
When the Wyoming Employment Security Law provides a deadline
				  for filing appeals, paying contributions, making reports, or for any other
				  purpose, the following rules apply:
(a) In Person. When a person makes a payment
				or files an appeal, report, or other document in person with a representative
				of the Division that payment or filing is deemed to occur the day the person
				physically delivers the document or payment into the hands of the Division
				representative authorized to receive it.
(b) By Mail. When a person makes a payment or
				files an appeal, report or other document with the Division by mail, that
				payment is deemed to be made or document is deemed to have been filed as of the
				postmark date on the envelope by which the payment or document is mailed. If
				the envelope containing the document or payment is no longer available or if
				the postmark is not legible, the document shall be presumed filed or payment
				made according to the following:
(i) If it
				was mailed in Wyoming, there shall be a rebuttable presumption that it was
				mailed three working days prior to the date it was stamped received by the
				Division.
(ii) If it was mailed
				outside of Wyoming, there shall be a rebuttable presumption that it was mailed
				five working days prior to the date it was stamped received by the
				Division.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 6 - COMPUTING TIME LIMITS AND DETERMINING WHEN DOCUMENTS ARE FILED OR PAYMENTS MADE › Section 6-2 - Deadline on Saturday, Sunday, or Legal Holiday

Current through July 13, 2024
When a deadline for making a payment of filing an appeal,
				  report, or other document with the Division falls on Saturday, Sunday, or legal
				  holiday, the deadline is extended to the next working day. However, such days
				  shall otherwise be counted in computing time limits.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 7 - EFFECT OF PRESENCE OR ABSENCE OF DOCUMENT IN DIVISION RECORDS › Section 7-1 - Presence or Absence of Document and Date

Current through July 13, 2024
If the division's records reflect that an act was done or a
				  document sent and the date of same, such records are evidence that the act was
				  done or document sent and that it occurred the date shown in the records. The
				  absence of an entry in the division's records showing that an act was done or a
				  document sent is evidence that it did not occur.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 8 - CASH VALUE OF PAYMENT IN KIND › Section 8-1 - Remunerations

Current through July 13, 2024
Except as provided in
				  W.S.
				  27-3-102(a)(xviii), if
				  board, lodging or any other payment in kind, considered as payment for services
				  performed by a worker, is in addition to or in lieu of a (rather than a
				  deduction from) money wage, the division shall determine or approve the cash
				  value of such payment in kind, and the employer shall use these cash values in
				  computing the employee's wages and contributions due under the law, until and
				  unless in a given case, a rate for board and lodging is determined by the
				  division, board and lodging furnished in addition to money wages shall be
				  deemed to have the value as stated in the employer/employee
				  contract.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 9 - CONTRIBUTIONS BY EMPLOYERS › Section 9-1 - Contributions Payment on Termination

Current through July 13, 2024
Payment of contributions shall be made as hereinafter
				  prescribed, but the Division, by special order, may require the contributions
				  due from any employer who leases, sells, or otherwise terminates his business
				  to be paid ten days after such termination; provided, however, that in such
				  event, interest shall be due and payable upon such contributions only from the
				  last of the month following the close of the calendar quarter in which the
				  business was terminated.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 9 - CONTRIBUTIONS BY EMPLOYERS › Section 9-2 - Contributions Payable Quarterly

Current through July 13, 2024
(a) Contributions
				shall be payable for each quarter with respect to wages payable for employment
				in all pay periods ending within such calendar quarter period.
(b) An employer may maintain its accounts so
				that wages are reported in the calendar quarter in which they were paid, rather
				than when they were earned. If such reporting adversely affects a claimant's
				benefit rights, the employer may be required to furnish a revised report giving
				quarterly wages on a payable basis, as provided by Section
				2(a) of this
				rule.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 9 - CONTRIBUTIONS BY EMPLOYERS › Section 9-3 - When Contributions and Reports Due

Current through July 13, 2024
Contributions and completed report forms are due on, and
				  shall be paid on or before the last day of the month following the close of the
				  applicable quarter. The Division may require any employer to pay taxes on a
				  monthly basis for good cause. Such payments shall be due on the 15th day of the
				  following month.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 9 - CONTRIBUTIONS BY EMPLOYERS › Section 9-4 - Initial Contributions Payment Due Date

Current through July 13, 2024
The first contributions payment of any employing unit which
				  becomes an employer at any time during a calendar year is due on, and shall be
				  paid on or before, the last day of the month next following the close of the
				  quarter in which such employing unit satisfies the conditions for becoming an
				  employer, and shall include contributions which have accrued for the entire
				  period beginning January 1, up to and including the calendar quarter in which
				  the employing unit satisfies the conditions for becoming an employer; except
				  that:
The first contribution payment of any employing unit which
				  elects, with the written approval of such election by the Division, to become
				  an employer, shall become due on, and shall be paid on or before the last day
				  of the month next following the close of the calendar quarter in which the
				  conditions of becoming an employer by election are satisfied, and shall include
				  contributions with respect to all wages payable for employment occurring on or
				  after the date stated in such approval (as of which such employing unit becomes
				  an employer), up to and including the calendar quarter in which the conditions
				  of becoming an employer by election are satisfied.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 9 - CONTRIBUTIONS BY EMPLOYERS › Section 9-6 - Extension of Time

Current through July 13, 2024
Upon written request of any employer filed with the Division,
				  the Division, for good cause shown, may grant, in writing, an extension of time
				  for the payment of contributions. If an employer who has been granted an
				  extension fails to pay their contribution on or before the termination of the
				  period of such extension, interest shall be payable from the original due date
				  as if no extension had been granted.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 9 - CONTRIBUTIONS BY EMPLOYERS › Section 9-7 - Reports When No Contributions Have Accrued

Current through July 13, 2024
Every employer subject to the Wyoming Employment Security Law
				  is required to submit the regular quarterly contribution reports even though no
				  contributions have accrued with respect to a particular quarter. Employers
				  shall file reports for such period and shall continue to file such reports
				  until the Division has approved an application to discontinue filing
				  reports.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 9 - CONTRIBUTIONS BY EMPLOYERS › Section 9-8 - Incremental Bonding Payments

Current through July 13, 2024
Pursuant to
				  W.S.
				  27-3-516, incremental bond payments may be
				  required of any employing unit engaged in employment under a project meeting
				  the criteria of coverage specified in that statute.
(a) Notwithstanding the foregoing criteria,
				the Division may elect not to require incremental bond payments from
				non-delinquent and properly qualified Wyoming-based employers who are eligible
				for a computed rate under W.S.
				W.S.
				27-3-503(c), who have less
				than eight employees, or whose work force will not increase by more than ten
				percent (10%) as a result of participating in the project.
(b) Any incremental bond or tax payments due
				the Division under W.S.
				W.S.
				27-3-516 shall be paid by the general or
				prime contractor. Any refund of payments so collected shall be paid to the
				general or prime contractor. However, all employing units participating in a
				project specified under W.S.
				W.S.
				27-3-516 shall file all reports otherwise
				required of them.
(c) Payments on
				the amount due from the general or prime contractor shall be remitted to the
				Division within one year from the project start date. Payments shall be made in
				no more than four quarterly installments of equal amounts.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 9 - CONTRIBUTIONS BY EMPLOYERS › Section 9-9 - Delinquent Employer's Bond

Current through July 13, 2024
When the Division requires a habitually delinquent employer
				  to post a bond pursuant to
				  W.S.
				  27-3-510(d), the amount of
				  the bond shall be equal to the greatest amount of taxes owed by that employer
				  in any one of the last three years. This bond is the property of the Division,
				  and cannot be used for any purpose except the payment of debts due to the
				  Division.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 9 - CONTRIBUTIONS BY EMPLOYERS › Section 9-10 - Applying Payments

Current through July 13, 2024
(a) When an
				employer makes a payment, in conjunction with the quarterly joint Unemployment
				and Workers' Compensation reporting form, it shall be distributed as follows:
(i) If the full amount of taxes is remitted,
				the Unemployment Compensation Program and Workers' Compensation Program shall
				each be allocated the appropriate amount;
(ii) If less than the full amount of taxes is
				remitted, the payment shall be allocated as indicated on the report summary
				form;
(iii) If less than the full
				amount of taxes is remitted and distribution is not indicated on the report
				summary form, the payment shall be allocated between the Unemployment
				Compensation Program and Workers' Compensation Program, pro rata, based on the
				amount owed.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 9 - CONTRIBUTIONS BY EMPLOYERS › Section 9-11 - Fees

Current through July 13, 2024
When the Division files a lien on the assets of a delinquent
				  employer, the attendant filing fee shall be charged to the employer when the
				  lien is filed. When the Division must subpoena employer records to obtain
				  information to determine liability or contributions due the Division, the cost
				  of the subpoena will be charged to the employer. When an employer's check,
				  draft or other form of payment is returned by the bank, a $10 surcharge shall
				  be charged to the employer. Upon collection, these charges and/or fees shall be
				  deposited in the Division's administrative account.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 11 - RECORDS, INSPECTIONS AND REPORTS › Section 11-1 - Records

Current through July 13, 2024
Each employing unit shall establish records with respect to
				  employment performed for it as hereinafter indicated and shall preserve such
				  records, including those now existing, for a period of not less than four years
				  after the calendar year in which the remuneration with respect to such
				  employment was payable. Such records shall show the following:
(a) For each worker.
(i) Name.
(ii) Social security account number as shown
				on the worker's social security card.
(iii) Place in which the worker's services
				are performed, or if there is no one such place, then the worker's base of
				operations.
(iv) Date on which the
				worker was hired, rehired, or returned to work after temporary layoff and date
				separated from work.
(v) The
				worker's remuneration payable for employment, and period for which payable,
				shown separately.
(A) Money wages, excluding
				special payments.
(B) Reasonable
				cash value of remuneration paid by the employing unit in any medium other than
				cash, excluding special payments in a medium other than cash.
(C) The portion of tips or gratuities
				reportable under 26 U.S.C.
				3306(s).
(D) Special payments which are not due on any
				payday including annual bonuses, gifts, prizes, etc., showing separately.
(I) Money payments,
(II) Reasonable cash value of other
				remuneration,
(III) The nature of
				such payments,
(IV) The period
				during which the services were performed for which the special payments were
				made.
(vi)
				Amounts payable to the worker as allowances or reimbursement for traveling or
				other business expenses, and period for which payable.
(vii) Severance payments.
(viii) Retirement payments.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 11 - RECORDS, INSPECTIONS AND REPORTS › Section 11-2 - Inspections

Current through July 13, 2024
(a) To verify an
				employing unit's compliance with the Wyoming Employment Security Law, the
				division shall perform inspections of an employing unit's employment records,
				books, papers or other records by conducting random and referred
				audits.
(b) Any unreported payments
				made to any individual, as found in an audit of an employing unit's records,
				shall be presumed to be unreported "wages" unless documentation is provided by
				the employing unit that the individual meets the statutory requirements of
				W.S.
				27-3-104(b) as an
				independent contractor/self employed individual. The burden is upon the
				employing unit to provide such documentation.
(c) In the event contributions and/or
				interest are found to be owed as a result of an audit or review period and the
				total amount of the contributions and interest due are less than One Hundred
				Dollars ($100.00), the appropriate division administrator, or duly authorized
				designee, shall waive the contributions and interest due from the audit or
				review period.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 11 - RECORDS, INSPECTIONS AND REPORTS › Section 11-3 - Reports

Current through July 13, 2024
(a) Employing Unit
				Quarterly Contribution Reports. Each employing unit shall make such quarterly
				contribution reports containing such information as is prescribed by the
				division on forms issued and required to be returned to the division or in an
				electronic format approved by the division. Such forms and instructions
				accompanying them shall have the force and effect of rules issued pursuant to
				W.S. 27-3- 602(b). However, quarterly employee wage reports shall not be filed
				with respect to an employee of a federal or state agency, performing
				intelligence or counterintelligence functions, if the head of such department
				or agency has determined that filing such a report could endanger the safety of
				the employee or compromise an ongoing investigation or intelligence mission, as
				long as the employer provides the information necessary to determine
				eligibility for benefits when the employee files a benefits claim.
(b) Service supplier quarterly reports. The
				separate quarterly reports for each client, required to be submitted by the
				service supplier pursuant to
				W.S.
				27-3-502(g)(v), shall be
				made on forms issued by the division or in an alternate format approved in
				writing by the division.
(i) Each service
				supplier shall submit a single consolidated quarterly contribution summary
				report containing summarizing report information for all clients.
(ii) Each service supplier shall submit a
				list of all clients each quarter. The list shall include each client's name,
				client's contact person with telephone number, mailing address and physical
				address in Wyoming.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 11 - RECORDS, INSPECTIONS AND REPORTS › Section 11-4 - Employer Reimbursements or Allowances for Employee Business Expenses

Current through July 13, 2024
(a) Employer
				reimbursements or allowances of employee business expenses are not considered
				wages if the employer has appropriate records to substantiate that an
				accountable plan has been established and implemented as follows:
(i) There must be a business connection for
				expenses incurred while performing services as an employee, officer or member
				of the employer.
(ii) The expense
				must be reasonable.
(iii) There
				must be actual accounting for the expense, by the employer and the employee,
				officer or member.
(A) For travel expenses
				reimbursed at established federal per diem rates, documentation of the trip
				will be considered actual accounting.
(B) For business entities with federally
				recognized expense allowances, the U. S. Treasury allowance will be considered
				actual accounting.
(iv)
				All excess reimbursement or allowance must be repaid by the employee, officer
				or member to the employer within 120 days after the expense was paid or
				incurred.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 11 - RECORDS, INSPECTIONS AND REPORTS › Section 11-5 - Determinations When Information Is Not Furnished

Current through July 13, 2024
If the employer fails to furnish the information as provided
				  by this rule, in whole or part, the deputy may make a determination of the
				  claimant's benefit rights based on what information is available to the deputy
				  including that furnished by the claimant.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 12 - TERMINATION OF ACCOUNTS › Section 12-1 - Employer Procedure for Termination

Current through July 13, 2024
(a) No employer
				shall cease to be covered or shall be considered as having terminated his
				accounts with the division unless and until the employer has forwarded to the
				division, upon such forms as shall be prescribed by the division, all pertinent
				information required on such forms.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 12 - TERMINATION OF ACCOUNTS › Section 12-3 - Closure of Employer Accounts by the Division

Current through July 13, 2024
The division may close an employer's account and terminate
				  coverage when the division deems it appropriate based upon available
				  information; however, the division is not required to do so.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 13 - EMPLOYER ELECTIONS TO COVER MULTI-STATE WORKERS › Section 13-1 - Definitions

Current through July 13, 2024
As used in this rule, unless the context clearly indicates
				  otherwise.
(a) "Agency" means any
				officer, board, commission, or other authority charged with the administration
				of the unemployment compensation law of a participating jurisdiction.
(b) "Interested jurisdiction" means any
				participating jurisdiction to which an election submitted under this rule is
				sent for its approval; and "interested agency" means the agency of such
				jurisdiction.
(c) "Jurisdiction"
				means any State of the United States, the District of Columbia, Guam, Puerto
				Rico, Virgin Islands, and Canada, or, with respect to the Federal government,
				the coverage of any Federal unemployment compensation law.
(d) "Participating jurisdiction" means a
				jurisdiction whose administrative agency has subscribed to this arrangement and
				whose adherence thereto has not terminated.
(e) "Services customarily performed by an
				individual in more than one jurisdiction" means services performed in more than
				one jurisdiction during a reasonable period, if the nature of the service gives
				reasonable assurance that they will continue to be performed in more than one
				jurisdiction, or if such services are required or expected to be performed in
				more than one jurisdiction under the election.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 13 - EMPLOYER ELECTIONS TO COVER MULTI-STATE WORKERS › Section 13-2 - Submission and Approval of Coverage Elections Under the Interstate Reciprocal Coverage Arrangement

Current through July 13, 2024
(a) Any employing
				unit may file an election to cover, under the law of a single participating
				jurisdiction, all of the services performed for the employer by any individual
				who customarily works for the employer in more than one participating
				jurisdiction. Such election may be filed with respect to an individual, with
				any participating jurisdiction in which (1) any part of the individual's
				services are performed; (2) the individual has his residence; or (3) the
				employing unit maintains a place of business to which the individual's services
				bear a reasonable relation.
(b) The
				agency of the elected jurisdiction (thus selected and determined) shall
				initially approve or disapprove the election. If such agency approves the
				election, it shall forward a copy thereof to the agency of each other
				participating jurisdiction specified thereon, under whose unemployment
				compensation law the individual or individuals in question might in the absence
				of such election, be covered. Each such interested agency shall approve or
				disapprove the election as promptly as practical; and shall notify the agency
				of the elected jurisdiction accordingly.
(c) In case its law so requires, any such
				interested agency may, before taking such action, require from the electing
				employment unit satisfactory evidence that the affected employees have been
				notified of, and have acquiesced in, the election.
(d) If the agency of the elected
				jurisdiction, or the agency of any interested jurisdiction, disapproves the
				election, the disapproving agency shall notify the elected jurisdiction and the
				electing employing unit of its action and of its reasons therefor.
(e) Such an election shall take effect as to
				the elected jurisdiction only if approved by its agency and by one or more
				interested agencies. An election thus approved shall take effect, as to any
				interested agency, only if it is approved by such agency.
(f) In case any such election is approved
				only in part, or is disapproved by some of such agencies, the electing
				employing unit may withdraw its election within ten days after being notified
				of such action.
(g) Employing units
				otherwise eligible to elect coverage by a state other than Wyoming pursuant to
				W.S.
				27-3-608, and this rule, shall not be allowed
				to elect coverage by another state if the employing unit is working on a
				project that meets the criteria for coverage under W.S.
				W.S.
				27-3-516, and said project began after
				January 2, 1986.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 13 - EMPLOYER ELECTIONS TO COVER MULTI-STATE WORKERS › Section 13-3 - Effective Period of Elections

Current through July 13, 2024
(a) Commencement.
(i) An election duly approved under this rule
				shall become effective at the beginning of the calendar quarter in which the
				election was submitted, unless the election as approved specifies the beginning
				of a different calendar quarter.
(ii) If the electing unit requests an earlier
				effective date than the beginning of the calendar quarter in which the election
				is submitted, such earlier date may be approved solely as to those interested
				jurisdictions in which the employer had no liability to pay contributions for
				the earlier period in question.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 13 - EMPLOYER ELECTIONS TO COVER MULTI-STATE WORKERS › Section 13-4 - Reports and Notices by the Electing Unit

Current through July 13, 2024
(a) The electing
				unit shall promptly notify each individual affected by its approved election,
				on a form supplied by the elected jurisdiction, and shall furnish the elected
				agency a copy of such notice.
(b)
				Whenever an individual covered by an election under this rule is separated from
				his employment, the electing unit shall again notify him forthwith, as to the
				jurisdiction under whose unemployment compensation law his services have been
				covered. If at the time of termination the individual is not located in the
				elected jurisdiction, the electing unit shall notify him as to the procedure
				for filing interstate benefit claims.
(c) The electing unit shall immediately
				report to the elected jurisdiction any change which occurs in the conditions of
				employment pertinent to its election, such as cases where an individual's
				services for the employer cease to be customarily performed in more than one
				participating jurisdiction or where a change in the work assigned to an
				individual requires him to perform services in a new participating
				jurisdiction.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 14 - REIMBURSING EMPLOYERS › Section 14-1 - Effect of Election to be Tax Based

Current through July 13, 2024
(a) When an
				employer who has elected to reimburse the division for benefits charged to the
				employer's account elects to become a tax based employer pursuant to
				W.S.
				27-3-509, a standard industry rate will be
				assigned in accordance with W.S. W.S.
				W.S.
				27-3-503(f).
(b) A reimbursing employer who has so elected
				to be a tax based employer shall remain liable to reimburse the division for
				that portion of benefits paid based on wage credits earned from that employer
				when he was a reimbursable employer.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 14 - REIMBURSING EMPLOYERS › Section 14-2 - Bond Requirement

Current through July 13, 2024
If an employer who has elected the reimbursing option of
				  W.S.
				  27-3-509 is not affiliated with an
				  organization that will assume financial liability for benefit claims or fails
				  to pay contributions when due, or otherwise fails to comply with the
				  requirements of the Wyoming Employment Security Law or the commission's rules,
				  the division may require that employer to file a bond on a form to be approved
				  by the division. Said bond shall be in an amount equal to the current maximum
				  benefit amount multiplied by the number of employees (annual average for
				  established accounts) or $15,000, whichever is higher. This bond will be
				  retained for two years after the entity stops doing business and used to repay
				  benefit charges as applicable. The condition of the bond shall be in compliance
				  with the Wyoming Employment Security Law and rules issued under it, including
				  reimbursing the division for benefits charged to the employer and filing
				  reports by the due date.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 15 - CONTRIBUTION RATES › Section 15-1 - Cut- Off Date

Current through July 13, 2024
All actions that occur prior to July 1 involving benefit
				  charges or relief of charges that affect an employer's tax rate, shall be used
				  in the computation of the employer's rate for the ensuing calendar year. At the
				  Division's discretion, actions involving benefit charges or relief of charges
				  that affect an employer's tax rate, of which the Division is notified prior to
				  October 1, may be used in the computation of the employer's tax rate for the
				  ensuing calendar year.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 15 - CONTRIBUTION RATES › Section 15-2 - Acquisitions and Transfers

Current through July 13, 2024
An employer acquiring the trade, organization, business,
				  substantially all the assets, or who transfers some or all of the workforce of
				  an employer in accordance with
				  W.S.
				  27-3-507(a) or (b) shall
				  notify the Division of the acquisition or transfer in writing and shall submit
				  a completed registration form reflecting the entity that exists after the
				  acquisition or transfer.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 15 - CONTRIBUTION RATES › Section 15-3 - Fund Balance Adjustment Factor Allocation

Current through July 13, 2024
(a)
				Definitions. As used in this section:
(i)
				"Group 1" means employers with a greater than zero benefit ratio plus employers
				having no established experience period.
(ii) "Group 2" means employers with a zero
				benefit ratio.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 15 - CONTRIBUTION RATES › Section 15-4 - Calculation of Taxable Wages

Current through July 13, 2024
When the Division calculates the benefit ratios for
				  employer's accounts involving benefit charges and taxable wages pursuant to
				  W.S.
				  27-3-503(e), the Division
				  will use standard rounding principles whereby the fifth decimal point shall be
				  rounded up if calculated to be a numerical value of five or
				  more.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 16 - ENJOINING AND ASSESSING EMPLOYERS PURSUANT TO W.S. 27-3-502(F) › Section 16-1 - When to Utilize Procedure

Current through July 13, 2024
When the division staff has a reasonable suspicion that an
				  employer has failed to comply with
				  W.S.
				  27-3-502(f),
				  27-3-510(c) or
				  (d), it may issue a notice to that effect and
				  schedule a hearing for the purpose of determining whether the employing unit
				  should be enjoined from engaging in business subject to the Wyoming Employment
				  Security Law and assessed up to three times the delinquent contributions as
				  provided by W.S. W.S.
				  W.S.
				  27-3-502(f).
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 16 - ENJOINING AND ASSESSING EMPLOYERS PURSUANT TO W.S. 27-3-502(F) › Section 16-2 - Notice of Hearing

Current through July 13, 2024
Such notice shall state the time, place, and purpose of the
				  hearing. It may be mailed to the alleged non-complying employer by ordinary,
				  certified, or registered mail, served on him in the manner provided by law for
				  service of a summons and complaint in a civil action in court, or delivered to
				  the employer or his agent by an authorized representative of the
				  division.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 16 - ENJOINING AND ASSESSING EMPLOYERS PURSUANT TO W.S. 27-3-502(F) › Section 16-3 - Conduct of Hearing

Current through July 13, 2024
The hearing on enjoining an employer shall be held under the
				  Wyoming Administrative Procedure Act,
				  W.S.
				  16-3-101, et seq., and shall be conducted by
				  the division's appeals examiner or other appropriate personnel designated by
				  the division.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 16 - ENJOINING AND ASSESSING EMPLOYERS PURSUANT TO W.S. 27-3-502(F) › Section 16-4 - Decision

Current through July 13, 2024
. After the hearing, the appeals examiner will issue a
				  decision enjoining the employer and assessing delinquent contributions, or
				  declining to do so. If the alleged employer or employing unit fails to appear
				  at the hearing after notice as provided in Section
				  2, or cooperate in the discovery process,
				  that may be considered as a default by the examiner and he may issue a decision
				  enjoining the employer and assessing delinquent contributions. The examiner
				  shall send the decision by certified mail to the address of record of the
				  alleged employer.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 16 - ENJOINING AND ASSESSING EMPLOYERS PURSUANT TO W.S. 27-3-502(F) › Section 16-5 - Appeal

Current through July 13, 2024
An employer who is dissatisfied with the examiner's decision
				  or action, may file an appeal from same within twenty days after the examiner's
				  decision is mailed; otherwise, the examiner's decision is final. If an appeal
				  is filed, the commission will review the record and evidence taken at the
				  examiner hearing. The alleged employer will be notified by ordinary mail and
				  given the opportunity to appear at the hearing conducted by the commission to
				  review the examiner's decision. The commission will issue a decision which will
				  affirm, reverse, or modify the examiner's decision, or, if necessary in the
				  commission's option, may remand the case to the examiner for the taking of
				  additional evidence. Such decision shall be sent to the address of record of
				  the alleged employer by certified mail. The employer may seek further review in
				  the district court or Wyoming Supreme Court pursuant to the Administrative
				  Procedure Act and the Wyoming Rules of Appellate Procedure.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 16 - ENJOINING AND ASSESSING EMPLOYERS PURSUANT TO W.S. 27-3-502(F) › Section 16-6 - Subsequent Compliance

Current through July 13, 2024
If, after being so enjoined, the employer subsequently
				  complies with
				  W.S.
				  27-3-502(f) and
				  27-3-510(c) and
				  (d), the division may dissolve the
				  injunction. If the staff and the employer do not agree on whether he has so
				  complied, the employer shall be given an opportunity for a hearing with rights
				  of appeal as provided in this chapter; provided, however, that such hearing
				  shall involve only the issue of subsequent compliance, not whether the original
				  injunction or assessment should have been issued.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 17 - ESTABLISHMENT, ADMINISTRATION, AND DISSOLUTION OF GROUP ACCOUNTS › Section 17-1 - Authority

Current through July 13, 2024
Pursuant to the provisions of
										27-3-502 of the Wyoming Employment Security
				  Law, either (A) two or more employing units (single or multiple), having
				  elected the reimbursable method of financing benefit costs and who, as a result
				  of a status determination, have been declared subject to the State unemployment
				  insurance law and have not been subsequently inactivated or declared no longer
				  subject as a result of a termination, or (B) two or more employers having
				  elected the reimbursable method of financing benefit costs and who, as a result
				  of a status determination, have been declared subject to the State unemployment
				  insurance law and have not been subsequently inactivated or declared no longer
				  subject as a result of a termination, shall hereinafter be referred to as an
				  "Employer Group" and may enter into an agreement with the Division to establish
				  a "Group Account".
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 17 - ESTABLISHMENT, ADMINISTRATION, AND DISSOLUTION OF GROUP ACCOUNTS › Section 17-3 - Employer Representative

Current through July 13, 2024
Each employer within an Employer Group will designate a
				  responsible individual and, in his absence, a delegate to submit quarterly
				  informational reports and such other reports as may be required by the
				  Division.