Chapter 1 - General Provisions
CHAPTER 1 - GENERAL PROVISIONS
27-1-101. "Manufacturing establishment" defined;"person" defined.
Manufacturingestablishments, as those words are used in this act, shall mean and include allsmelters, oil refineries, cement works, mills of every kind, machine and repairshops, and in addition to the foregoing, any other kind or character ofmanufacturing establishment, of any nature or description whatsoever, whereinany natural product or other articles or materials of any kind, in a raw orunfinished or incomplete state or condition, are converted into a new orimproved or different form. Wherever the expression occurs in this act insubstantially the following words: "every person owning or operating anymanufacturing establishment," or where language similar to that is used,the word "person" in that connection shall be held and construed tomean any person or persons, partnership, corporation, receiver, trust, trustee,or any other person or combination of persons, either natural or artificial, bywhatever name he or they may be called.
27-1-102. Doors at public places to open outward; handrails on stairs;enforcement.
Alldoors leading into or to any manufacturing establishment, mills, workshops,offices, bakeries, laundries, stores, hotels, theaters, halls, or otherbuildings in which people are employed, shall be so constructed as to openoutward, when practicable, and shall not be locked, bolted or fastened so as toprevent free egress during working hours. Proper and substantial handrailsshall be provided on all stairways in manufacturing establishments, mills,workshops, offices, bakeries, laundries, stores, hotels, theaters, halls, andother buildings where people are employed or rooms are rented to the public.And he [the department of employment] shall have authority to enforce by dueprocess of law, the provisions of this section, and other laws relating to fireescapes.
27-1-103. Safety devices on elevators and machinery.
Theopenings of all hoistways, hatchways, elevators, well holes and stairways inmanufacturing establishments, mills, workshops, bakeries, laundries, stores,hotels, theaters, halls, or any other kind of establishment where labor isemployed, or machinery used, shall be protected by trapdoors, hatches, fences,automatic gates or other safeguards, and all due diligence shall be used tokeep all such means of protection closed, except when it is necessary to havethe same open for use when practicable. All machinery, in use in anymercantile, manufacturing, or any other establishment whatsoever where labor isemployed, shall be equipped, with proper shifters for throwing on or offpulleys, loose pulleys and other such safeguards as may be deemed necessary bythe commissioner of labor [department of employment] for the proper safeguardof life and limb.
27-1-104. Mines and interstate railroads exempt.
Nothingherein contained, as applied to inspection and application of safety devices,shall be construed to be applicable to coal and metalliferous mines andworkshops connected therewith, nor to railroads engaged in interstate commerceand workshops connected therewith.
27-1-105. Employees' contract releasing employer from personal injuryliability void.
Itshall be unlawful for any person, company or corporation to require of itsservants or employees, as a condition of their employment or otherwise, anycontract or agreement whereby such person, company or corporation shall bereleased or discharged from liability or responsibility on account of personalinjuries received by such servants or employees while in service of suchperson, company or corporation, by reason of the negligence of such person,company or corporation, or the agents or employees thereof, and such contractsshall be absolutely null and void.
27-1-106. Certain nonresident employers required to post bond;exceptions.
(a) All firms, corporations or employers of any kind who are nonresidentemployers and expect to pay wages in the state of Wyoming in excess of tenthousand dollars ($10,000.00) monthly or one hundred twenty thousand dollars($120,000.00) annually as a result of conducting business within Wyoming, arerequired to file with the director of the department of employment a suretybond or other security meeting the requirements of this section, approved bythe director and the attorney general.
(b) The bond or other security required by subsection (a) ofthis section shall be in the amount of ten thousand dollars ($10,000.00) plusan additional one thousand dollars ($1,000.00) for each one hundred twentythousand dollars ($120,000.00) or fraction thereof that the expected wagesexceed one hundred twenty thousand dollars ($120,000.00) annually.
(c) The bond or security provided for in this section shallensure:
(i) The payment of wages of employees working in the state; and
(ii) All other payments or obligations of the nonresidentemployer required by the Wyoming Worker's Compensation Act unless waived by thedirector pursuant to W.S. 27-14-302.
(d) The nonresident employer shall post additional securitybefore performing work under any new contract if the security previously postedunder this section has expired.
(e) Upon application by a nonresident employer, the directormay permit the withdrawal of any security if the employer has:
(i) Complied with the security requirements of this section andmade all necessary payments for a period of two (2) years;
(ii) Demonstrated that he has been a resident of the state fortwo (2) years and intends to remain a resident; or
(iii) Acquired real property as a nonresident with anunencumbered value greater than or equal to the value of the bond or othersecurity required by subsection (b) of this section.
(f) If the anticipated work has ceased before the expiration oftwenty-four (24) months, or less than fifty percent (50%) of the largest workforce is still working in Wyoming, the security deposited by the nonresidentemployer shall be forfeited and retained by the division in an amount equal tothe reserved amounts for compensable injuries to the nonresident employer'semployees. Upon application by a nonresident employer, the division shallrefund the amount not forfeited pursuant to this subsection except for anydisbursements made under subsection (c) of this section.
(g) This section does not apply to charitable or religiousorganizations.
27-1-107. Nonresident employers to post bond; penalty.
Anyperson or persons, corporation, agent, manager or employer who shall violateany of the provisions of W.S. 27-1-106 shall be deemed guilty of a misdemeanor,and upon conviction thereof shall for each offense, be subject to a fine of notmore than seven hundred fifty dollars ($750.00), imprisonment in the countyjail for not more than one (1) year, or both.
27-1-108. Penalties generally.
Anyperson who violates or omits to comply with any of the provisions of this act,or any final order of the department of employment is guilty of a misdemeanorand upon conviction shall be punished by a fine of not more than one thousanddollars ($1,000.00), imprisonment in the county jail for not more than one (1)year, or both.
27-1-109. Prosecution of violations.
Thedistrict attorney for any county in this state shall, upon receipt of averified complaint from the director of the department of employment or a finalagency decision of the department of employment prosecute to termination beforeany court of competent jurisdiction, in the name of the state of Wyoming,actions or proceedings against any person or persons charged with violation ofany of the provisions of this act, or any of the laws of this state enacted forthe protection of employees.
27-1-110. State rehabilitation council; membership; chairman.
(a) There is established a permanent council within thedepartment of workforce services to be known as the Wyoming governor's staterehabilitation council, to consist of:
(i) At least one (1) representative of the statewideindependent living council;
(ii) At least one (1) representative of a parent training andinformation center;
(iii) At least one (1) representative of the client assistanceprogram;
(iv) At least one (1) vocational rehabilitative counselor;
(v) At least one (1) representative of community rehabilitationprogram service providers;
(vi) Four (4) representatives of business, industry and labor;
(vii) At least two (2) representatives of disability advocacygroups;
(viii) At least two (2) current or former applicants of vocationalrehabilitation services;
(ix) The administrator of the division of vocationalrehabilitation;
(x) At least one (1) representative of the department ofeducation;
(xi) At least one (1) representative of the state workforceinvestment board.
(b) The director of the department of workforce services shallbe an ex officio, nonvoting member of the state rehabilitation council.
(c) A majority of council members shall be persons who are:
(i) Individuals with disabilities;
(ii) Not employed by the division of vocational rehabilitation.
(d) One (1) of the members shall be elected chairman by themembers of the council. The appointive members shall hold office for the termspecified. The council shall be nonpartisan. The governor may remove anycouncil member as provided in W.S. 9-1-202.
27-1-111. Duties of council and department.
Thedepartment of workforce services, with advice of the council, shall carry on acontinuing program to promote the employment of physically, mentally,emotionally and otherwise handicapped persons by creating statewide interest inthe rehabilitation and employment of the handicapped and by obtaining andmaintaining cooperation from all public and private groups and individuals inthe field. The council shall work in cooperation with the president's committeeon employment of the handicapped in order to more effectively carry out thepurposes of this act.
27-1-112. Authority of council to receive gifts, grants or donations.
Thedepartment of workforce services, on behalf of the council, is authorized toreceive any gifts, grants or donations made for any of the purposes of itsprogram.
27-1-113. Employer immunity for disclosure of certain employeeinformation; rebuttal of presumption.
(a) An employer who discloses information about a formeremployee's job performance to a prospective employer or to an employer of theformer employee is presumed to be acting in good faith. Unless lack of goodfaith is shown by a preponderance of evidence, the employer is immune fromcivil liability for the disclosure or for the consequences resulting from thedisclosure.
(b) For purposes of subsection (a) of this section, thepresumption of good faith is rebutted upon a showing that the informationdisclosed by the former employer was knowingly false or deliberately misleadingor was rendered with malicious purpose.
27-1-114. Temporary employment fees.
(a) A temporary service contractor for temporary workers is notentitled to collect a fee from an employer for the permanent employment of atemporary worker placed by the temporary service contractor, unless theemployer is notified in writing of the existence and the amount of the feeprior to the date of services being rendered by a temporary worker to theemployer.
(b) For the purpose of this section "temporary servicecontractor" means any person, firm, association or corporation conductinga business that employs individuals directly for the purpose of furnishing servicesof the employed individuals on a temporary basis to others.
27-1-115. State directory of new hires; requirements; exceptions;definitions.
(a) A department designated by the governor shall maintain adirectory of new hires using information provided by employers in the state.The department shall use the information in the directory of new hires to:
(i) Provide information to the department of family services asnecessary to:
(A) Locate individuals for purposes of establishing paternityand establishing, modifying and enforcing child support obligations;
(B) Notify employers of wage withholding orders.
(ii) Provide information to the national directory of new hires;and
(iii) Maintain information as necessary for the administration ofemployment security and worker's compensation programs.
(b) Except as provided in subsection (c) of this section, eachemployer in the state shall furnish to the department of employment withintwenty (20) days of hiring a new employee, or in the case of an employertransmitting reports magnetically or electronically, by two (2) monthlytransmissions not less than twelve (12) days nor more than sixteen (16) daysapart, a report that contains the name, address and social security number ofthe employee and the name and address of, and identifying number assigned to,the employer under section 6109 of the Internal Revenue Code. The report shallbe made on a W-4 form approved by the internal revenue service or, at theoption of the employer, on an equivalent form approved by the department. Theform may be transmitted by first class mail, electronically or magnetically ina format acceptable to the designated department.
(c) An employer that has employees who are employed in Wyomingand any other state and who transmits the report required under subsection (b)of this section by electronic or magnetic means may elect to submit the reportto either state in accordance with federal law. Any department, agency orinstrumentality of the federal government operating in the state may submit thereport required under subsection (b) of this section to the national directoryof new hires in accordance with federal law.
(d) For purposes of this section:
(i) "Employee" means an individual eighteen (18)years of age or older who is an employee within the meaning of chapter 24 ofthe Internal Revenue Code of 1986, but does not include an employee of afederal or state agency performing intelligence or counter-intelligencefunctions if the head of such agency has determined that reporting theinformation required by this section could endanger the safety of theindividual or compromise an ongoing investigation or intelligence operation. Ifthe federal government seeks to impose sanctions on Wyoming for failure toreport new hires under eighteen (18) years of age, the department may includesuch individuals within the definition of employee for purposes of thissection;
(ii) "Employer" means as defined in section 3401(d) ofthe Internal Revenue Code of 1986 and includes any governmental agency and anylabor organization.
(e) In the event that the federal law requiring the state tomaintain a directory of new hires is repealed, employers shall not be requiredto submit reports as provided by subsections (b) and (c) of this section. Thestate shall not thereafter maintain the directory of new hires required undersubsection (a) of this section.