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20LSO-0558
2020
STATE OF WYOMING
20LSO-0558
Introduced
2.0
SENATE FILE NO. SF0128
Unemployment compensation-seasonal employers.
Sponsored by: Senator(s) Driskill and Nethercott and Representative(s) Duncan, Flitner, Lindholm, Olsen and Sweeney
A BILL
for
AN ACT relating to labor and employment; authorizing the department of workforce services to designate seasonal employers as specified; providing that unemployment compensation benefits shall not be payable to an employee of a designated seasonal employer under specified conditions; requiring notice to employees; specifying applicability; making conforming amendments; providing for rulemaking; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
.
W.S. 27
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3
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801 through 27
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3
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803 are created to read:
ARTICLE 8
SEASONAL EMPLOYERS
27
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3
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801.
Definitions.
(a)
As used in this article:
(i)
"Active period" means a regularly recurring, continuous period of time of less than thirty (30) weeks within one (1) year in which business operations of a seasonal nature are customarily carried out, as determined by the department;
(ii)
"Seasonal employer" means, subject to designation by the department under W.S. 27
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3
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802, an employer which:
(A)
Conducts business operations within an active period, because of seasonal conditions making it impracticable or impossible to do otherwise; and
(B)
Has been in operation for three (3) or more years.
27
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3
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802.
Treatment of seasonal employment for unemployment compensation purposes; notice to employees.
(a)
An employer may apply to the department for designation as a seasonal employer. An application for designation as a seasonal employer shall be made in the manner prescribed by the department.
(b)
The department shall provide written notice of its decision on an application for designation as a seasonal employer under subsection (a) of this section within sixty (60) days of receipt of an application. If the department approves an application, the department shall specify the dates of the active period of the seasonal employer. Designation as a seasonal employer shall be valid until terminated by the department or at the request of a seasonal employer. With notice to a seasonal employer, the department may redetermine a decision made under this
subsection at any time, including redetermination of the dates of an active period.
(c)
Benefits shall not be paid to an employee based on services performed during an active period of a designated seasonal employer for any week of unemployment that begins during the time period between two (2) consecutive active periods, if that employee performed services in the first of the consecutive active periods and if the seasonal employer gives reasonable assurance that the employee will perform services for the seasonal employer in the second of the consecutive active periods. If benefits are not paid to an employee for any week pursuant to this subsection and the employee is subsequently not offered seasonal employment in the second of the consecutive active periods for which a reasonable assurance of employment had been given, the employee, upon receipt of a claim for benefits by the department as provided in W.S. 27
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3
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401 through 27
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3
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409, shall receive retroactive payment of benefits for each week that the employee would have otherwise been eligible for benefits pursuant to law. As used in this subsection, "reasonable
assurance" means a written, oral or implied agreement for employment.
(d)
Subject to subsection (c) of this section, benefits shall be payable to an employee engaged in seasonal employment for weeks of unemployment that occur during the active period of a designated seasonal employer.
(e)
Notices of designation as a seasonal employer and a summary of this article shall be prominently displayed on the premises of a designated seasonal employer throughout the active period of the seasonal employer. Displayed notices are subject to inspection by the department. Upon designation, a seasonal employer shall also provide written notice of designation as a seasonal employer and a summary of this article to all current employees and thereafter to all newly hired employees. All notices required under this subsection may be provided by the department and shall contain the contact information of the department.
27
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3
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803.
Applicability; rules.
(a)
The benefits payable to any otherwise eligible employee shall be calculated in accordance with this article for any benefit year which is established on or after the beginning date of a seasonal employer designation under W.S. 27
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3
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802, if the eligible employee was employed by a seasonal employer during the base period applicable to the benefit year, in the same manner as if the determination had been effective in the base period.
(b)
This article shall not apply to:
(i)
An employee performing services for which the department has assigned a North American Industrial Classification of 23 or any successor designation with a substantially similar scope;
(ii)
An employee performing services for which the department has assigned a North American Industrial Classification of 21 or any successor designation with a substantially similar scope;
(iii)
An employee performing services for a seasonal employer outside of the active period of the seasonal employer;
(iv)
An employer, whether designated a seasonal employer or not, which has a delinquent unemployment compensation or workers' compensation account with the department.
(c)
Nothing in this article shall be construed to limit the right of an employee whose claim for benefits is determined under this article to file an appeal as provided in W.S. 27
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3
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403 through 27
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3
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409.
(d)
A person acquiring the trade, organization, business or substantially all the assets of a seasonal employer designated under W.S. 27
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3
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802 shall be deemed a seasonal employer for the remainder of an active period unless the acquiring person requests cancellation of the seasonal employer designation in writing within one hundred twenty (120) days of the acquisition.
(e)
The department shall adopt rules to implement this article which may include prescribing the manner in which wages shall be reported to the department.
Section 2.
W.S. 27
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3
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102(a)(xxv), 27
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3
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108(a) by creating a new paragraph (xiv) and 27
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3
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306(a)(intro) are amended to read:
27
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3
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102.
Definitions generally.
(a)
As used in this act:
(xxv)
"This act" means W.S. 27
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3
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101 through
27
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3
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706
27
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3
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803
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27
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3
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108.
Services excluded from scope of employment.
(a)
Employment under this act does not include service performed:
(xiv)
For a seasonal employer during an active period as provided by W.S. 27
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3
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801 through 27
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3
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803.
27
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3
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306.
Eligibility requirements; waiver or amendment authorized; unemployed waiting period; registration and referral for suitable work.
(a)
In addition to W.S. 27
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3
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801 through 27
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3
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803, a
n unemployed individual is eligible for benefits under this article for any week if he:
Section 3.
This act applies to unemployment compensation benefit claims made on or after October 1, 2020.
Section 4
.
The department of workforce services shall adopt rules to carry out sections 1 and 2 of this act before October 1, 2020, provided that these rules shall not take effect until October 1, 2020.
Section 5
.
(a)
Except as otherwise provided by subsection (b) of this section, this act is effective October 1, 2020
.
(b)
Sections 4 and 5 of this act are 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)
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SF0128