The Wyoming legislature began its general session on January 14, 2003. The bills that have been filed so far are a mixed bag of technical workers' compensation and unemployment insurance changes as well as a couple of unique labor-friendly proposals. As always, it's important for Wyoming employers to keep an eye on Cheyenne when the Legislature's in session.
'Fair share' labor law
Wyoming law currently states that no employee can be required to pay any dues or fees to a union as a condition of employment or be required to join a union even if the workplace is unionized. Senate File 46 would change that rule by giving unions that have formally organized a particular employer's worksite the right to negotiate with the employer to require employees who aren't members of the union to pay a "fair share fee" to the union.
The fair share fee couldn't exceed the union's membership dues and would be calculated based on the non-member employee's pro rata share of the union's expenses in acting as the bargaining representative. The proposal would authorize the unions to file court actions against employees who refuse to pay the fees.
Unemployment amendments
Two bills propose changes to the unemployment insurance benefits rules. Under the current law, unemployed workers may be eligible for benefits even if they aren't looking for work if they're participating in approved training as part of an apprenticeship program. Senate File 14 creates certain requirements to qualify for that exception, including (1) limits on the duration of the training program and (2) the most recent employer's approval of the individual's participation in the training.
Senate File 14 establishes a new rule that a person will be disqualified from receiving benefits if he was discharged from his most recent job for misconduct connected with his work until he has resumed employment and earned at least 12 times the weekly benefit amount of his current claim. Also, an individual is disqualified from receiving benefits for any week during which payment is received for severance, termination allowances, sick pay, or earned vacation. The individual will receive benefits to the extent that the severance, termination, sick pay, or accrued vacation is less than the amount of benefits the individual would have otherwise been entitled to receive.
House Bill 65 reduces the taxable wage base on which your company pays unemployment tax by reducing the percentage of wages on which the tax is calculated. The bill would also eliminate the special reserve contribution.
Removal of age 70 upper limit for age discrimination
The Wyoming Fair Employment Practices Act currently prohibits discrimination on the basis of age against people between the ages of 40 and 70 years. The federal Age Discrimination in Employment Act originally included the 70-year upper limit as well, but that restriction was removed in 1986. House Bill 96 would remove the limit in Wyoming's statute.
Mental health insurance parity
House Bill 109 would require all individual or group hospital or medical insurance policies to provide coverage for treatment of biologically based mental illness to the same extent that the coverage is provided for any physical illness.
Vehicle registration for temporary workers
Any person who becomes employed in the state is required by law to apply immediately for vehicle registration and license plates. Senate File 50 allows a "temporary worker" who's employed in the state for 120 days or less to obtain a temporary vehicle registration at reduced cost.
Workers' comp coverage for professional athletes
The Wyoming Workers' Compensation Act currently excludes professional athletes. Senate File 25 will require coverage for professional baseball, basketball, football, hockey, or soccer players who receive payment from a team having its principal place of business in the state. Presumably because some players are paid on a per-game basis, the proposal will use the average monthly wage for the state as the assumed wage for the calculation of employer contributions. Employers must pay premiums for every month during which competition or team practice is held.
Bottom line
Keep an eye on the above proposals as well as any other employment-related bills by monitoring the Legislature's website at legisweb.state.wy.us. v
Please contact Bradley T. Cave at Holland & Hart LLP, 2515 Warren Avenue, Suite 450, Cheyenne, WY 82001 if you have any questions.
This article first appeared in the M. Lee Smith Wyoming Employment Law Letter. Reprinted with permission of the publisher. Call 1-800-274-6774 for subscription information.