Workforce services-independent contractors.

2015
STATE OF WYOMING
15LSO-0019
Numbered
2.1

HOUSE BILL

NO.
HB0059

Workforce services-independent contractors.

Sponsored by:
Representative(s) Larsen

A BILL

for

AN ACT relating to labor and employment; amending the definition of independent contractor for purposes of unemployment compensation and workers' compensation; specifying applicability; and providing for an effective date.

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

Section 1
.

W.S. 27
‑
3
‑
104(b)(
i
)
,
(v) and by creating a new subsection (d) and 27
‑
14
‑
102(a)(xxiii)(A)
,
(C) and by creating a new paragraph (xxxi) are amended to read:

27
‑
3
‑
104
.

"Employment" defined; generally; exceptions.

(b)

An individual who performs service for wages is an employee for purposes of this act unless it is shown that the individual:

(
i
)

Is free from control or direction over the
details
means and manner
of the performance of services by contract and by fact;

(v)

Represents his services to the public
and is customarily engaged
as a self
‑
employed individual or an independent contractor
.
; and

(d)

As used in this section:

(
i
)

"Free from control or direction" means that the independent contractor determines the means and manner of performing the contracted services and is free from the right of another person to control the means or manner by which the independent contractor provides services;

(ii)

"Manner" means the method by which contracted services are performed, including
but not
limited to work
schedules, work processes and work procedures;

(iii)

"Means" are the resources used or needed in performing contracted services, including
but not limited to
tools, equipment, labor, devices, plans, materials, licenses, property, work location and assets.

27
‑
14
‑
102
.

Definitions.

(a)

As used in this act:

(xxiii)

"Independent contractor" means an individual who performs services for another individual or entity and:

(A)

Is free from control or direction over the
details
means and manner
of the performance of services by contract and by fact;

(C)

Represents his services to the public
and is customarily engaged
as a self
‑
employed individual or an independent contractor
.
; and

(xxxi)

For purposes of identifying an independent contractor as defined in paragraph (xxiii) of this subsection:

(A)

"Free from control or direction" means that the independent contractor determines the means and manner of performing the contracted services and is free from the right of another person to control the means or manner by which the independent contractor provides services;

(B)

"Manner" means the method by which contracted services are performed, including
but not limited to
work schedules, work processes and work procedures;

(C)

"Means" are the resources used or needed in performing contracted services, including
but not limited to
tools, equipment, labor, devices, plans, materials, licenses, property, work location and assets.

Section 2
.

W.S. 27
‑
3
‑
104(b)(vi) and 27
‑
14
‑
102(a)(xxiii)(D) are repealed.

Section 3.

(a)

This act is effective July 1, 2015.

(b)

This act shall apply to initial claims filed on or after the effective date of this act.

(END)

1
HB0059