Unemployment compensation exemption-seasonal employment.

2018
STATE OF WYOMING
18LSO-0254
Numbered
1.3

HOUSE BILL

NO.
HB0049

Unemployment compensation exemption-seasonal employment.

Sponsored by:
Joint Labor, Health & Social Services Interim Committee

A BILL

for

AN ACT relating to labor and employment; authorizing an employer to exempt specified seasonal employees from coverage under the unemployment compensation system; requiring notice of an exemption; requiring the promulgation of rules; providing a definition; making conforming amendments; and providing for effective dates.

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

Section
1
.

W.S. 27
‑
3
‑
110 is created to read:

27
‑
3
‑
110
.

Exemption for seasonal employment
; notice; promulgation of rules
; definition
.

(a)

A
n employer may apply to the department to designate a position of employment or job classification that is exclusively used for seasonal employment as exempt from coverage under this chapter
, subject to the notification requirements in subsection (b) of this section
. The department shall approve designations that comply with app
licable federal and state law.

(b)

An employer shall provide written notice to any candidate for seasonal employment
in a position or classification designated under subsection (a) of this section
regarding the seasonal nature of employment being offered and the exemption from coverage under this chapter. Failure to provide notice under this subsection shall render the:

(
i
)

Exemption retroactively void to the date of hire of the affected employee;

(ii)

Affected employee eligible for coverage under this chapter; and

(iii)

Employer liable for all required contributions under this chapter and any civil penalty imposed by the department pursuant to rule.

(c)

The department shall promulgate rules to carry out this section.

(d)

As used in this section, "seasonal employment" means service during regularly recurring p
eriods of fewer than twenty
‑
one (21
)
consecutive
weeks in a twelve (12) month period. Seasonal employment does not include agricultural labor as defined in W.S. 27
‑
3
‑
107
(a)
.

Section 2
.

W.S.
27
‑
3
‑
108(a) by creating a new paragraph (xiv) and 27
‑
3
‑
306 by creating a new subsection (f) are amended to read:

27
‑
3
‑
108
.

Services excluded from scope of employment.

(a)

Employment under this act does not include service performed:

(xiv)

As seasonal employment, if the service is
exempt
ed
by an
employer

pursuant to
W.S. 27
‑
3
‑
110.

27
‑
3
‑
306
.

Eligibility requirements; waiver or amendment authorized; unemployed waiting period; registration and referral for suitable work.

(f)

Wages earned through seasonal employment
that
are

exempt
ed by an
employer

pursuant to
W.S. 27
‑
3
‑
110 shall not be used to satisfy the wage requirements of subsection (d) of this section.

Section 3
.

The department of workforce services shall promulgate any rules necessary to implement this act on or before April 1, 2019, provided that these rules shall not take effect until April 1, 2019.

Section
4
.

(a)

Except as otherwise provided in subsection (b) of this section, this act is effective April 1, 2019.

(b)

Section 3 of this act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

1
HB0049