§ 27-1-106 — Certain nonresident employers required to post bond; exceptions

Wyoming § 27-1-106

• Jurisdiction: Wyoming
• Title 27: Labor and Employment
• Ch. 1: GENERAL PROVISIONS

Text

(a) All firms, corporations or employers of any kind who
are nonresident employers and expect to pay wages in the state
of Wyoming in excess of four thousand dollars ($4,000.00) in any
month as a result of conducting business within Wyoming, are
required to file with the director of the department of
workforce services a surety bond or other security meeting the
requirements of this section, approved by the director.
(b) The bond or other security required by subsection (a)
of this section shall be in the amount of eight thousand dollars
($8,000.00) plus an additional two thousand dollars ($2,000.00)
for each one thousand dollars ($1,000.00) or fraction thereof
that the expected wages in any month exceed four thousand
dollars ($4,000.00) up to expected wages in any month of twenty
thousand dollars ($20,000.00). For expected wages in any month
that exceed twenty thousand dollars ($20,000.00), the bond or
other security amount shall be one thousand dollars ($1,000.00)
for each additional one thousand dollars ($1,000.00) or fraction
thereof of expected wages.
(c) The bond or security provided for in this section
shall ensure:
(i) The payment of wages of employees working in the
state;
(ii) The payment of civil penalties the occupational
health and safety commission may assess; and
(iii) All other payments or obligations of the
nonresident employer required by:
(A) The Wyoming Worker's Compensation Act unless
waived by the director pursuant to W.S. 27-14-302;
(B) Any other section under title 27 of Wyoming
statutes or any department of workforce services rule or
regulation.
(d) The nonresident employer shall post additional
security before performing work under any new contract if the
security previously posted under this section has expired.
(e) Upon application by a nonresident employer, the
director may permit the withdrawal of any security if the
employer has:
(i) Complied with the security requirements of this
section and made all necessary payments for a period of two (2)
years;
(ii) Demonstrated that he has been a resident of the
state for two (2) years and intends to remain a resident; or
(iii) Acquired real property as a nonresident with an
unencumbered value greater than or equal to the value of the
bond or other security required by subsection (b) of this
section.
(f) If the anticipated work has ceased before the
expiration of twenty-four (24) months, or less than fifty
percent (50%) of the largest work force is still working in
Wyoming, the security deposited by the nonresident employer
shall be forfeited and retained by the division in an amount
equal to the reserved amounts for compensable injuries to the
nonresident employer's employees. Upon application by a
nonresident employer, the division shall refund the amount not
forfeited pursuant to this subsection except for any
disbursements made under subsection (c) of this section.
(g) This section does not apply to charitable or religious
organizations.