Statutes, codes, and regulations
Wyoming Administrative Code
Agency 053 - Workforce Services, Department ofSubagency 0024 - Labor Standards
Chapter 1 - RULES OF PRACTICE AND PROCEDURE FOR THE FILING, INVESTIGATION, AND RESOLUTION OF UNPAID WAGE CLAIMS UNDER LABOR STANDARDS
Section 1-4 - Filing Procedures

053-1 Wyo. Code R. § 1-4

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Current through April 27, 2019
Section 1-4 - Filing Procedures

(a) Upon receipt of a claim, Labor Standards shall enter its receipt, assign a docket/claim number and indicate the statute alleged to have been violated.

(b) Labor Standards shall serve, by regular mail to the employer's last known address or by personal delivery, a copy of the claim, a blank answer form, together with a letter of instructions.

(c) The employer shall have ten (10) days from the letterhead date to submit an answer to such claim; the employer shall have fifteen (15) days where the employer is located outside of Wyoming. Labor Standards may refer the claim for an administrative hearing pursuant to W.S. 27-4-504 should the employer fail to submit an answer within the above time frames. When a deadline for submitting an answer or a reply to an answer falls on a Saturday, Sunday, or legal holiday, the deadline is extended to the next working day. However, such days shall otherwise be counted in computing time limits. The employer's answer or claimant's reply to an answer is deemed submitted when one or more of the following have occurred:

  • (i) In Person. When an employer or claimant submits an answer or reply to an answer in person with a representative of Labor Standards, that submittal is deemed to occur the day the person physically delivers the document into the hands of the Labor Standards representative authorized to receive it.
  • (ii) By Mail. When an employer or claimant submits an answer or reply to an answer with Labor Standards by mail, that submittal is deemed to have been filed as of the postmark date on the envelope by which the document is mailed.
  • (iii) By Facsimile. When an employer or claimant submits an answer or reply to an answer with Labor Standards by fax, that document is deemed to have been filed as of the date the document is received. The fax must contain sufficient information to identify the party providing the information and the purpose for which it is intended. The party sending the fax assumes the risk of transmission errors or illegibility.

(d) Where the employer concedes the validity of the claim, Labor Standards shall request payment of the claim amount.

(e) Labor Standards shall serve a copy of the employer's answer by regular mail or personal delivery upon the claimant.

(f) The claimant shall submit a reply to the employer's answer within ten (10) days from Labor Standards letterhead date; the Claimant shall have fifteen (15) days where the Claimant is located outside of Wyoming. Claimant's reply shall be deemed submitted when it has been date stamped by Labor Standards

053-1 Wyo. Code R. § 1-4

Amended, Eff. 11/21/2016.