Penalties for misclassification of employees.

WORKING DRAFT
2014
STATE OF
WYOMING
14LSO-0418

SENATE FILE
NO.

SF0112

Penalties for misclassification of employees.

Sponsored by:
Senator(s) Johnson

A BILL

for

AN ACT relating to workers' compensation and unemployment; clarifying penalties for misclassification of employees; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 27
‑
3
‑
703(
a) and 27
‑
14
‑
510(d)(intro) are amended to read:

27
‑
3
‑
703.

Fraud by employing unit; refusal to furnish reports; failure to make required payments; failure to comply with injunction order; penalties.

(a)

No officer, agent or any other individual of an employing unit shall knowingly make a false statement or misrepresentation
, including knowingly failing to properly classify an individual as an employee,
or knowingly fail to
disclose a material fact with the intention of preventing or reducing the payment of benefits to any entitled individual, to avoid being subject to this act or to avoid or reduce any contribution or other payment required from an employing unit under this act, or willfully fail or refuse to make any contribution or other payment. Any such individual violating this subsection is guilty of a misdemeanor punishable by imprisonment for not more than ninety (90) days, a fine of not more than seven hundred fifty dollars ($750.00), or both. Each false statement, misrepresentation
, failure to properly classify an individual as an employee
or failure to disclose a material fact is a separate offense.

27
‑
14
‑
510.

Misrepresentations or false statements; failure of employer to establish account or furnish payroll report.

(d)

Any employer who knowingly fails to establish an account or knowingly fails to furnish a payroll report
, including
knowingly failing to properly classify an individual as an employee,
as required by this act is guilty of:

Section 2.

This act is effective July 1, 2014.

(END)

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SF0112