HB0132 • 2020

Unpaid wage claim amendments.

AN ACT relating to labor and employment; specifying authority of the department of workforce services to investigate unpaid wage claims; specifying employees who can file suit for payment of wages due; amending when interest is authorized for unpaid wage claims; implementing an anti-retaliation provision for issues related to unpaid wages; clarifying the jurisdiction for legal proceedings for the collection of unpaid wages; providing penalties; and providing for an effective date.

Energy Labor Land

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Coal/Mineral Bankruptcies
Last action: 2020-03-24
Official status: enrolled
Effective date: 3/24/2020

Plain English Breakdown

The bill summary and text do not provide specific details on enforcement mechanisms or penalties for employer retaliation.

Unpaid Wage Claim Changes

The act clarifies rules about unpaid wages and creates an anti-retaliation provision for employees who file claims or assist in investigations.

What This Bill Does

Clarifies that an employee can sue for unpaid wages if the employer prevents them from working.
Sets interest at 18% per year on unpaid wages starting from when payment was due or from the date of discharge, whichever is later.
Creates rules against employer retaliation if an employee files a claim for unpaid wages or assists in related investigations.
Limits the Department of Workforce Services to take claims up to $500 or two months' worth of wages, whichever is greater, per employee per wage claim.

Who It Names or Affects

Employees who have not been paid their full wages by employers.
Employers who may face penalties for retaliating against employees who file claims or assist in investigations.
The Department of Workforce Services, which investigates and handles unpaid wage claims.

Terms To Know

Unpaid Wage Claim: A request by an employee to receive wages that were not paid as agreed upon.
Anti-Retaliation Provision: Rules that protect employees from being punished for filing complaints or participating in investigations about unpaid wages.

Limits and Unknowns

The bill does not specify the exact process for calculating interest on late payments.
It is unclear how this act will be enforced and what specific penalties employers might face for retaliation.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0132H2001

2nd reading • Representative Greear

Adopted

Plain English: The amendment changes the conditions under which an employee can sue their employer for unpaid wages, making it easier for employees to file such claims.

Employees who have quit, been fired, or prevented from working due to employer action now have a clear cause to bring suit for unpaid wages.
The phrase 'any claims' replaces 'other claims', and the amendment specifies that these claims do not arise out of bankruptcy.

The full impact of this change on employee rights and legal proceedings is unclear without further context.

HB0132H3001

3rd reading • Representative Clem

Failed

Plain English: The amendment changes the interest rate and conditions for employees who sue their employers for unpaid wages, requiring that wages be paid within seven days of when they are due to avoid legal action.

Changes the interest rate on unpaid wages from an unspecified amount to 18% per annum if payment is not made within seven days after it was due.
Specifies that employees must prove in court both the exact amount owed and that the employer did not pay within seven days of when the wages were due to qualify for interest, attorney fees, and costs.

The original text before this amendment is deleted entirely, so details about what was removed are unknown.
It's unclear how this change will affect previous legal precedents or interpretations of wage claims.

Bill History

2020-03-24 LSO
Assigned Chapter Number 140
2020-03-24 Governor
Governor Signed HEA No. 0053
2020-03-10 Senate
S President Signed HEA No. 0053
2020-03-10 House
H Speaker Signed HEA No. 0053
2020-03-09 LSO
Assigned Number HEA No. 0053
2020-03-09 Senate
S 3rd Reading:Passed 30-0-0-0-0
2020-03-06 Senate
S 2nd Reading:Passed
2020-03-05 Senate
S COW:Passed
2020-03-04 Senate
S Placed on General File
2020-03-04 Senate
S10 - Labor:Recommend Do Pass 5-0-0-0-0
2020-03-02 Senate
S Introduced and Referred to S10 - Labor
2020-02-28 Senate
S Received for Introduction
2020-02-27 House
H 3rd Reading:Passed 57-0-3-0-0
2020-02-26 House
H 3rd Reading:Laid Back
2020-02-25 House
H 2nd Reading:Passed
2020-02-24 House
H COW:Passed
2020-02-18 House
H Placed on General File
2020-02-18 House
H09 - Minerals:Recommend Do Pass 9-0-0-0-0
2020-02-10 House
H Introduced and Referred to H09 - Minerals 59-0-1-0-0
2020-02-07 House
H Received for Introduction
2020-02-07 LSO
Bill Number Assigned

Official Summary Text

Bill Summary - 20LSO-0383
Bill No.:

HB0132

Effective:

Immediately

LSO No.:

20LSO-0383

Enrolled Act No.:

HEA No. 0053

Chapter No.:

140

Prime Sponsor:

Select Committee on Coal/Mineral Bankruptcies

Catch Title:

Unpaid wage claim amendments.

Subject:

Unpaid wage claims.

Summary/Major Elements:

The act clarifies that an employee has a cause for unpaid wages when the employee is prevented from coming into work by action of the employer and that interest may be allowed from the date when unpaid wages are required to be paid.

The act also creates an anti-retaliation provision that prohibits discrimination against an employee because the employee makes an unpaid wage claim or assists in an investigation by the Department of Workforce Services.

The act also specifies the maximum amount of an unpaid wage claim that can be taken by the Department of Workforce Services and provides that the Department can initiate proceedings in a court having jurisdiction.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text

20LSO-0383

ORIGINAL House

Bill No
.
HB0132

ENROLLED ACT NO. 53,

HOUSE OF REPRESENTATIVES

SIXTY-FIFTH LEGISLATURE OF THE STATE OF WYOMING
2020 Budget Session

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

Section 1.

W.S. 27
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4
‑
104(b), 27
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4
‑
502 and 27
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4
‑
504(c) are amended to read:

27
‑
4
‑
104.

Payment of employee quitting or discharged and suit for wages; generally.

(b)

Whenever an employee who has quit
,

or
has been discharged from service
, or because of action taken by the employer is prevented from working
has cause to bring suit for wages earned and due, and shall establish in court the amount which is justly due, the court shall allow to the plaintiff interest on the past due wages at the rate of eighteen percent (18%) per annum from the date of discharge or termination
or from the date when unpaid wages are required to be paid as specified in this act
, together with a reasonable attorney fee and all costs of suit. Prosecution of a civil action to recover unpaid wages does not preclude prosecution under W.S. 27
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4
‑
105.

27
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4
‑
502.

Claims for unpaid wages; anti
‑
retaliation.

(a)

The department is hereby empowered to take claims for unpaid wages under the provisions of W.S. 27
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4
‑
101 and 27
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4
‑
104. The department in taking a claim for unpaid wages as provided for in this act is not to exceed
the sum of five hundred dollars ($500.00)
the maximum amount specified
in section 507(a)(4) of title 11, United States Code for claims arising out of bankruptcy
or two (2) months wages
, whichever is the greater

for any claims not arising out of bankruptcy
, per employee per wage claim.

(b)

It shall be an unlawful employment practice for any employer to discharge, harass, discipline or in any other manner discriminate against any employee because the employee filed a claim for unpaid wages or made any other complaint or instituted or caused to be instituted any proceeding under or related to this act or testified, assisted or participated in any manner in an investigation, proceeding or hearing under this act. Any employer who violates the provisions of this subsection shall be liable for legal or equitable relief as may be appropriate to effectuate the purposes of this act including continued employment, reinstatement, promotion and the payment of wages lost and an additional equal amount as liquidated damages.

27
‑
4
‑
504.

Investigation and determination of unpaid wage claims; hearing; orders; collection of unpaid wages.

(c)

Upon a finding by the hearing officer that the unpaid wage claim is valid and either the time for judicial review has passed or the decision has been affirmed by final judicial review, the department shall order the employer to pay the amount of unpaid wages due. The department's order is not appealable or subject to judicial review. The department shall, with the assistance of the county attorney, initiate legal proceedings to collect the unpaid wages
in the court having jurisdiction based on the total amount of unpaid wages due
.

Section 2.

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)