27-1-106. Certain nonresident employers required to post bond; exceptions.

(a) All firms, corporations or employers of any kind who are nonresident employers and expect to pay wages in the state of Wyoming in excess of four thousand dollars ($4,000.00) in any month as a result of conducting business within Wyoming, are required to file with the director of the department of workforce services a surety bond or other security meeting the requirements of this section, approved by the director.

(b) The bond or other security required by subsection (a) of this section shall be in the amount of eight thousand dollars ($8,000.00) plus an additional two thousand dollars ($2,000.00) for each one thousand dollars ($1,000.00) or fraction thereof that the expected wages in any month exceed four thousand dollars ($4,000.00) up to expected wages in any month of twenty thousand dollars ($20,000.00). For expected wages in any month that exceed twenty thousand dollars ($20,000.00), the bond or other security amount shall be one thousand dollars ($1,000.00) for each additional one thousand dollars ($1,000.00) or fraction thereof of expected wages.

(c) The bond or security provided for in this section shall ensure:

(i) The payment of wages of employees working in the state;

(ii) The payment of civil penalties the occupational health and safety commission may assess; and

(iii) All other payments or obligations of the nonresident employer required by:

(A) The Wyoming Worker's Compensation Act unless waived by the director pursuant to W.S. 27-14-302;

(B) Any other section under title 27 of Wyoming statutes or any department of workforce services rule or regulation.

(d) The nonresident employer shall post additional security before performing work under any new contract if the security previously posted under this section has expired.

(e) Upon application by a nonresident employer, the director may permit the withdrawal of any security if the employer has:

(i) Complied with the security requirements of this section and made all necessary payments for a period of two (2) years;

(ii) Demonstrated that he has been a resident of the state for two (2) years and intends to remain a resident; or

(iii) Acquired real property as a nonresident with an unencumbered value greater than or equal to the value of the bond or other security required by subsection (b) of this section.

(f) If the anticipated work has ceased before the expiration of twenty-four (24) months, or less than fifty percent (50%) of the largest work force is still working in Wyoming, the security deposited by the nonresident employer shall be forfeited and retained by the division in an amount equal to the reserved amounts for compensable injuries to the nonresident employer's employees. Upon application by a nonresident employer, the division shall refund the amount not forfeited pursuant to this subsection except for any disbursements made under subsection (c) of this section.

(g) This section does not apply to charitable or religious organizations.