§ 27-1-115 — State directory of new hires; requirements; exceptions; definitions

(a) A department designated by the governor shall maintain
a directory of new hires using information provided by employers
in the state. The department shall use the information in the
directory of new hires to:
(i) Provide information to the department of family
services as necessary to:
(A) Locate individuals for purposes of
establishing paternity and establishing, modifying and enforcing
child support obligations;
(B) Notify employers of wage withholding orders.
(ii) Provide information to the national directory of
new hires; and
(iii) Maintain information as necessary for the
administration of employment security and worker's compensation
programs.
(b) Except as provided in subsection (c) of this section,
each employer in the state shall furnish to the department of
workforce services within twenty (20) days of hiring a new
employee, or in the case of an employer transmitting reports
magnetically or electronically, by two (2) monthly transmissions
not less than twelve (12) days nor more than sixteen (16) days
apart, a report that contains the name, address and social
security number of the employee, the date services for
remuneration were first performed by the employee and the name
and address of, and identifying number assigned to, the employer
under section 6109 of the Internal Revenue Code. The report
shall be made on a W-4 form approved by the internal revenue
service or, at the option of the employer, on an equivalent form
approved by the department. The form may be transmitted by first
class mail, electronically or magnetically in a format
acceptable to the designated department.
(c) An employer that has employees who are employed in
Wyoming and any other state and who transmits the report
required under subsection (b) of this section by electronic or
magnetic means may elect to submit the report to either state in
accordance with federal law. Any department, agency or
instrumentality of the federal government operating in the state
may submit the report required under subsection (b) of this
section to the national directory of new hires in accordance
with federal law.
(d) For purposes of this section:
(i) "Employee" means an individual eighteen (18)
years of age or older who is an employee within the meaning of
chapter 24 of the Internal Revenue Code of 1986, but does not
include an employee of a federal or state agency performing
intelligence or counter-intelligence functions if the head of
such agency has determined that reporting the information
required by this section could endanger the safety of the
individual or compromise an ongoing investigation or
intelligence operation. If the federal government seeks to
impose sanctions on Wyoming for failure to report new hires
under eighteen (18) years of age, the department may include
such individuals within the definition of employee for purposes
of this section;
(ii) "Employer" means as defined in section 3401(d)
of the Internal Revenue Code of 1986 and includes any
governmental agency and any labor organization;
(iii) "Newly hired employee" means an individual who
has not previously been employed by the employer or was
previously employed by the employer but has been separated from
employment with that employer for at least sixty (60) days.
(e) In the event that the federal law requiring the state
to maintain a directory of new hires is repealed, employers
shall not be required to submit reports as provided by
subsections (b) and (c) of this section. The state shall not
thereafter maintain the directory of new hires required under
subsection (a) of this section.