Unfair employment practices-offsite lawful activities.

Plain English Breakdown

The bill did not pass, so its provisions are not currently enforceable.

Stopping Unfair Job Practices for Off-Site Activities

The bill makes it illegal for employers to terminate employees or restrict their legal activities during nonworking hours and off-site, unless such restrictions are necessary due to a conflict of interest or related to the job.

What This Bill Does

• Adds a new rule that says firing someone because of what they do in their free time is unfair if those actions are legal and happen off the job site.
• Allows employers to stop certain activities only if it's necessary for the job or to avoid conflicts of interest.

Who It Names or Affects

• Employees who do legal things during their free time away from work
• Employers who might want to restrict what workers can do outside of work

Terms To Know

Unfair employment practice

A rule or action by an employer that is not fair and could harm employees.

Bona fide occupational requirement

A real need for a job, such as needing to be able to lift heavy objects if the job involves moving things around.

Limits and Unknowns

• The bill did not pass and was not signed into law.
• It only applies to legal activities during nonworking hours that happen off-site.
• Employers can still restrict some activities if it's necessary for work or to avoid conflicts of interest.

Current Bill Text

21LSO-0530
2021
STATE OF WYOMING
21LSO-0530
Numbered
2.0

SENATE FILE NO. SF0099

Unfair employment practices-offsite lawful activities.

Sponsored by: Senator(s) Ellis and Hicks and Representative(s) Simpson and Wilson

A BILL

for

AN ACT relating to labor and employment; declaring the prohibition of lawful activities during nonworking hours and off-site as an unfair employment practice; and providing for an effective date.

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

Section 1
.

W.S. 27
‑
9
‑
105(a) by creating a new paragraph (v) is amended to read:

27
‑
9
‑
105.

Discriminatory and unfair employment practices enumerated; limitations.

(a)

It is a discriminatory or unfair employment practice:

(v)

For an employer to terminate the employment of any employee because of the employee's engagement or participation in any lawful activity during nonworking hours that occurs off of the employer's premises or for an employer to restrict an employee's ability to participate in any lawful activity during nonworking hours that occurs off of the employer's premises unless the restriction:

(A)

Relates to a bona fide occupational requirement or is reasonably and rationally related to the employment activities and responsibilities of a particular employee or particular group of employees rather than all employees of the employer; or

(B)

Is necessary to avoid a conflict of interest or the appearance of a conflict of interest with any responsibilities to the employer.

Section 2
.

This act is effective July 1, 2021
.

(END)

1
SF0099