053-12 Wyo. Code R. § 12-3

Current through April 27, 2019

Section 12-3 - Definitions

(a) "Business Consultant Unit" means a team within the Department primarily responsible for providing guidance and oversight of the Wyoming Preference Act.

(b) "Certification process" means the methods and procedures, established by the Workforce Center, implemented to validate a qualified Wyoming resident applicant laborer is provided with adequate opportunity to be employed on a public works project, and to ensure each Employer has exercised due diligence in hiring Wyoming resident labor prior to the issuance of a Certification Letter authorizing the Employer to hire nonresident labor.

(c) "Department" means the Wyoming Department of Workforce Services.

(d) "Employer" means a person or entity who hires or employs skilled or unskilled laborers for public works projects.

(e) "Independent contractor" means an individual who performs compensated services for another individual or entity, and who:

(i) Is free from control or direction over the details of the performance of services by contract and by fact;

(ii) Represents his/her services to the public as a self-employed individual or an independent contractor; and

(iii) May substitute another individual to perform his/her services.

(f) "Noncompliance indicator" means any action or inaction which tends to suggest an Employer's noncompliance with the Wyoming Preference Act, and may include, but is not limited to, any of the following:

(i) Employer's unwillingness to disclose a project name, location, or start date when opening a job order or upon request;

(ii) Employer's requiring of a certification, license, excessive experience, or other qualification criteria that is not related to the craft or project;

(iii) Employer's failure to respond to an applicant;

(iv) Employer's failure to hire a qualified resident applicant without acceptable cause;

(v) Employer's failure to respond to an inquiry from the Department;

(vi) Discovery of noncompliance found during a compliance check; or

(vii) A complaint or allegation of noncompliance.

(g) "Owner" means the State of Wyoming or any political subdivision, municipal corporation, special district, or other governmental unit, including any authorized agent thereof.

(h) "Skilled laborer" means any skilled laborer who performs work in a craft, trade, or specialty occupation requiring related experience, training, or specialized education.

(i) "Unskilled laborer" means any unskilled laborer who performs work which does not require any level of specialized training, experience, or education.

(j) "Willful or intentional noncompliance" means:

(i) A deliberate action used by an employer to negate or circumvent the provisions of the Wyoming Preference Act; or

(ii) A recurrence of, or failure to correct, an instance of noncompliance after an employer receives a pre-construction Notice or Advisory on the applicability of the Wyoming Preference Act.

(k) "Workforce Center" means any of the Department's Workforce Centers, statewide offices providing workforce programs and services.

(l) "Wyoming Preference Act" means the Wyoming Preference Act of 1971, as amended, Wyoming Statute §§ 16-6-201 through -206.

053-12 Wyo. Code R. § 12-3

Adopted, Eff. 4/24/2019.