Unemployment compensation-seasonal employment.

2018
STATE OF WYOMING
18LSO-0432
Numbered
1.2

HOUSE BILL

NO.
HB0068

Unemployment compensation-seasonal employment.

Sponsored by:
Representative(s) Barlow

A BILL

for

AN ACT relating to labor and employment; providing that an employee of a designated seasonal employer is not eligible for unemployment compensation; authorizing employers to apply for designation as a seasonal employer; making conforming amendments; requiring the promulgation of rules; and providing for effective dates.

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

Section
1
.

W.S.
27
‑
3
‑
108(a) by creating
a
new paragraph (xiv), 27
‑
3
‑
306 by creating
a
new subsection (f) and
27
‑
3
‑
308 by creating
a
new subsection (c)

are amended to read:

27
‑
3
‑
108
.

Services excluded from scope of employment.

(a)

Employment under this act does not include service performed:

(xiv)

For a seasonal employer
meeting the requirements of

W.S. 27
‑
3
‑
308(c).

27
‑
3
‑
306
.

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

(f)

Wages earned through service
for
a seasonal employer meeting the requirements of
W.S. 27
‑
3
‑
308(c) shall not be used to satisfy the wage requirements of subsection (d) of this section.

27
‑
3
‑
308
.

Services excluded from eligibility.

(c)

An employee of an employer who is designated as a seasonal employer pursuant to
paragraph (i)
of this
sub
section is not eligible for benefits under this
act
based on service for that
employer.
The department
shall
carry out this subsection by rule through the suppression of wage credits or by any other reasonable means
that
conforms to federal law.
The following shall apply:

(i)

An employer may apply to the department for designation as a seasonal employer. An employer may appeal the decision of the department in the manner prescribed in W.S. 27
‑
3
‑
401 through 27
‑
3
‑
409;

(ii)

The department may withdraw d
esignation as a seasonal employer at any time for failure to comply with this
sub
section and
the designation
shall be withdrawn, effective January 1 of the following year, by the department upon
an employer's written request
;

(iii)

A designated seasonal employer shall provide written notice to any candidate for employment relating to the seasonal nature of employment being offered and the provisions of this
sub
section. Failure to provide notice shall render the:

(A
)

Affected employee eligible for benefits under this
act
, with retroactive effect to the date of hire; and

(B
)

Employer liable for all required contributions under this
act and a
civil penalty
of not more than
five thousand dollars (
$5,000.00
)
.

(iv
)

As used in this
sub
section,
"seasonal employer" means an employer within an industry in which it is customary, based on historical patterns of employment, for the employer to operate all or a portion of its business during a regularly recurring period of twenty
‑
one (21) or fewer consecutive weeks in a twelve (12) month period. "Seasonal employer" shall include a component of an employer's business if that component, under the customary practice of the industry, is identifiable as a functionally distinct undertaking.

Section
2
.

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 3
.

(a)

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

(b)

Section 2
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
HB0068