§ 27-3-102 — Definitions generally

Wyoming § 27-3-102

• Jurisdiction: Wyoming
• Title 27: Labor and Employment
• Ch. 3: UNEMPLOYMENT COMPENSATION
• Art. 1: IN GENERAL

Text

(a) Except as otherwise provided, as used in this act:
(i) "Base period" means the first four (4) of the
last five (5) completed calendar quarters immediately preceding
the first day of an individual's benefit year or any other
twelve (12) month period specified by commission regulation. A
calendar quarter used in one (1) base period of a valid claim
shall not be used in a subsequent base period. If a combined
wage claim under W.S. 27-3-608, the base period is as provided
under law of the paying state;
(ii) "Benefit" means a payment to an individual for
unemployment under this act;
(iii) "Benefit year" means:
(A) The fifty-two (52) consecutive calendar week
period beginning the first week of a claim series established by
the filing of a valid initial claim for benefits following the
termination of any previously established benefit year; or
(B) The fifty-three (53) consecutive calendar
week period beginning the first week of a claim series if filing
a new valid claim results in the overlapping of any quarter of
the base period of a previously filed claim; or
(C) If a combined wage claim under W.S.
27-3-608, the benefit year is as provided under law of the
paying state.
(iv) "Calendar quarter" means a period of three (3)
consecutive calendar months ending on March 31, June 30,
September 30 or December 31;
(v) "Commission" means the unemployment insurance
commission of Wyoming within the department of workforce
services;
(vi) "Contribution" means payments to the
unemployment compensation fund required by this act including
payments instead of contributions under W.S. 27-3-509;
(vii) "Employing unit" means any individual or type
of organization employing one (1) or more individuals in this
state including any partnership, association, trust, estate,
corporation, domestic or foreign insurance company or
corporation, a receiver, trustee in bankruptcy, trustee or a
successor or the legal representative of a deceased person and
including any limited liability corporation. Also, any
individual or organization not previously subject to this act
shall be an employing unit upon acquiring any entity already
subject to this act. An individual performing services within
this state for any employing unit maintaining two (2) or more
separate places of business in the state is employed by a single
employing unit. An individual employed to perform for or assist
any agent or employee of an employing unit is employed by the
employing unit whether hired or paid directly by the employing
unit or by the agent or employee if the employing unit had
actual or constructive knowledge of the work;
(viii) "Employment office" means a free public
employment office or branch operated by any state as part of a
state controlled system of public employment offices or by a
federal agency administering an unemployment compensation
program or a system of free public employment offices;
(ix) "Fund" means the unemployment compensation fund
established by this act;
(x) "Hospital" means any institution, building or
agency maintaining, furnishing or offering hospitalization of
the sick and injured or chronic or convalescent care by
individuals employed by the state or any political subdivision;
(xi) "Institution of higher education" means any
college or university in this state and any other public or
nonprofit educational institution:
(A) Admitting as regular students only high
school graduates or the recognized equivalent;
(B) Legally authorized to provide post secondary
education in this state; and
(C) Providing an educational program for which a
bachelor's or higher degree is awarded or which is accepted as
full credit toward this degree, providing a program of
postgraduate or postdoctoral study or a training program
preparing students for gainful employment in a recognized
occupation.
(xii) "Insured work" means employment for employers;
(xiii) "Nonprofit hospital" means any institution
performing services specified by paragraph (x) of this
subsection and organized and operated under W.S. 35-2-302(a)(vi)
and authority of the state department of health;
(xiv) "State" means any of the fifty (50) states of
the United States, the District of Columbia, the commonwealth of
Puerto Rico or the Virgin Islands;
(xv) "Unemployment" means any week in which an
individual performs no services and receives no wages or
performs less than full-time work if wages payable for that week
are less than his weekly benefit amount and are in accordance
with regulations of the commission;
(xvi) "Valid claim" means a claim filed by an
individual earning wages for insured work in amounts specified
under W.S. 27-3-306(d) for which no misrepresentation is made of
unemployment requirements of this act;
(xvii) "United States" used in a geographical sense
means the fifty (50) states, the District of Columbia, the
commonwealth of Puerto Rico and the Virgin Islands;
(xviii) "Wage" means remuneration payable for
services from any source including commissions, bonuses and
cash. The reasonable cash value of remuneration other than cash
or check shall be prescribed by rule of the commission. To the
extent the following are not considered wages under 26 U.S.C. §§
3301 through 3311, "wage" does not include:
(A) For purposes of W.S. 27-3-503 through
27-3-509, remuneration greater than fifty-five percent (55%) of
the statewide average annual wage calculated pursuant to W.S.
27-3-303(a) and rounded to the lowest one hundred dollars
($100.00), which is paid during any calendar year to an
individual by each employer or a predecessor within any calendar
year including employment under any other state unemployment
compensation law unless the amount is subject to a federal tax
against which credit may be taken for contributions paid into
any state unemployment fund;
(B) Any premium paid by an employing unit under
a plan, system or into a fund for insurance or annuities to
provide an employee or class of employees retirement, sickness
or accident disability, medical and hospitalization expenses for
sickness or accident disability or death benefits if the
employee cannot receive any part of this payment instead of the
death benefit or any part of the premium if the benefit is
insured and cannot assign or receive cash instead of the benefit
upon withdrawal from or termination of the plan, system, policy
or services with the employing unit;
(C) A payment by an employing unit not deducted
from an employee's remuneration for the tax imposed under 26
U.S.C. § 3101;
(D) Dismissal payments which the employing unit
is not obligated to make;
(E) That portion of tips or gratuities not
reportable under 26 U.S.C. § 3306(s);
(F) The value of any meals or lodging furnished
by and for the convenience of the employer to the employee if
the meals are furnished on the business premises of the employer
or in the case of lodging, the employee is required to accept
lodging on the business premises of his employer as a condition
of his employment;
(G) Remuneration received by an employee as sick
pay following a six (6) month continuous period of illness;
(H) Any benefit under a cafeteria plan specified
by 26 U.S.C. § 125, excluding cash;
(J) Wages of a deceased worker paid to a
beneficiary or estate following the calendar year of the
worker's death;
(K) Services received under any dependent care
assistance program to the extent excluded from gross income
under 26 U.S.C. § 129;
(M) Repealed By Laws 2010, Ch. 66, § 2.
(N) Services or benefits received under any
educational assistance program;
(O) Any benefit or other value received under an
employee achievement award;
(P) The value of any qualified group legal
services plan to the extent payments are excluded from gross
income under 26 U.S.C. § 120;
(Q) Costs of group term life insurance;
(R) Repealed By Laws 2010, Ch. 66, § 2.
(S) Any moving expenses;
(T) Employer contributions to any qualified
retirement and pension plan or individual retirement account and
distributions from qualified retirement and pension plans and
annuities under 26 U.S.C. § 403(b);
(U) Benefit payments under any supplemental
unemployment compensation plan; and
(W) Any benefits paid under the Wyoming Worker's
Compensation Act or any other worker's compensation law of
another state.
(xix) "Week" means a period of seven (7) consecutive
calendar days beginning Sunday and the commission may by
regulation prescribe that a week is within the benefit year
which includes the greater part of that week;
(xx) "Department" means the divisions within the
department of workforce services established under W.S. 9-2-2002
which contain the principal operating units that administer the
unemployment compensation program pursuant to the Social
Security Act;
(xxi) "Casual labor" means service not within the
normal course of business and for which the remuneration paid is
less than fifty dollars ($50.00);
(xxii) "Erroneous payment" means a payment that, but
for the failure by the employer or the employer's agent to
provide requested information with respect to the claim for
unemployment compensation, would not have been made;
(xxiii) "Pattern of failing" means repeated
documented failure on the part of the employer or the agent of
the employer to respond to a written request from the department
for information relating to a claim for benefits, taking into
consideration the number of instances of failure in relation to
the total volume of requests by the department to the employer
or the employer's agent;
(xxiv) "Misconduct connected with work" means an act
of an employee which indicates an intentional disregard of the
employer's interests or the commonly accepted duties,
obligations and responsibilities of an employee. "Misconduct
connected with work" does not include:
(A) Ordinary negligence in isolated instances;
(B) Good faith errors in judgment or discretion;
(C) Inefficiency or failure in good performance
as the result of inability or incapacity.
(xxv) "This act" means W.S. 27-3-101 through 27-3-
811.