Wyo. Code R. 053-0018-2
Effective Date: 08/25/1997 to 08/05/1999
Rule Type: Superceded Rules & Regulations
Reference Number: 053.0018.2.08251997
Section 1. Definitions. Unless the context otherwise requires, terms used in rules, regulations, interpretations, forms, and other official pronouncements issued by the Commission shall have the following meanings:
(a) 'Pay period' means that period of time during which the wages due on any pay day were earned.
(b) 'Wages payable' include wages earned and paid as well as wages earned and unpaid, for services in employment.
(c) Wages payable for employment during any 'calendar quarter' or 'quarter' shall be deemed to consist of wages payable for employment occurring in all pay periods ending during that quarter, except as provided by Chapter 6, Section 2 of these regulations.
(d) 'Calendar quarter' means a period of three consecutive months ending on March 31, June 30, September 30, or December 31.
(e) 'Calendar week.' Except as otherwise provided by this Regulation and Chapter 20, 'week' means the calendar week of seven consecutive calendar days, beginning 12:01 a.m. Sunday, and ending 12:00 midnight the following Saturday.
(f) 'Pay period week' means that period of time during which wages due on any weekly pay period were earned.
(g) 'Most Recent Work' means:
(i) In the case of an employee who was employed in only one job, services performed in a bona fide employer-employee relationship for which the individual earns gross wages equaling or exceeding two times his weekly benefit amount; or works two or more consecutive weeks of full time work or where at the time of hire, it appeared the work would meet one of these conditions.
(ii) In the case of an employee who was employed in two or more bona fide jobs at the same time, the work from which the separation caused the individual to be unemployed as defined in W. S. 27-3-102(a)(xv).
(h) 'Deputy' shall mean any person so designated by the Division Administrator.
(I) 'Job attached' means a claimant was laid off for lack of work by his regular employer from a job, other than a job of a temporary nature, and there is a reasonable assurance that the claimant will be called back to work for that employer within four weeks from the effective date of the initial or additional claim filed.
(j) 'Misrepresentation' as used in W.S. 27-3-102(a) xvi means a claimant's failure to tell the truth when filing for unemployment benefits and such failure to tell the truth is either done fraudulently with intent to increase the amount of benefits to which the claimant would otherwise be entitled, or nonfraudulently, but which does increase the amount of benefits to which the claimant would otherwise be entitled.
(k) “Unemployment requirements” as used in W.S. 27-3-102 (a)(xvi) means any requirement a claimant must meet to be eligible for or avoid disqualification for benefits.
(l) “Offset” means the withholding of the overpaid amount against benefits which would otherwise be payable for a compensable week of unemployment.
(m) “Overpayment” means an improper payment of benefits, from a state or federal unemployment compensation fund, that has been determined recoverable under the requesting state’s law.
(n) “Participating state” means a state which has subscribed to the Interstate Reciprocal Overpayment Recovery Arrangement.
(o) “Paying state” means the state under whose law a claim for unemployment benefits has been established on the basis of combining wages and unemployment covered in more than one state.
(p) “Recovering state” means the state that has received a request for assistance from the “requesting state.”
(q) “Requesting state” means the state that has issued a final determination of overpayment and is requesting another state to assist it in recovering the outstanding balance from the overpaid individual.
(r) “Transferring state” means a state in which a combined wage claimant had covered employment and wages in the base period of a paying state, and which transfers such employment and wages to the paying state for its use in determining the benefit rights of such claimant under its law.
(s) “Liable state” means any state against which an individual files, through another state, a claim for benefits.
(t) “Division” means the Employment Resources Division within the Department of Employment.
(u) “Full-time work,” as used in W.S. 27-3-102(a) (xv), shall mean thirty-five or more hours worked in a particular week.
(v) “Address of Record” means the address given when the claimant files his initial or additional claim or clearly and unequivocally provides the Division with a change in writing. The employer’s address of record shall be the address given when he registers as an employer with the Division or clearly and unequivocally provides the Division with a change in writing. This does not prohibit the Division from sending correspondence or notices to another address for the claimant or employer if it has reason to believe he may have moved without notifying the Division, but it does not impose a duty on the Division to do so.
(w) “Backpay” is the payment of wages or compensation for lost wages to an employee or ex-employee for a period of time during which the employer improperly prevented him from performing services. Backpay is considered wages for purposes of W.S. 27-3-102(a)(xv) and (xviii).