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Wyoming Independent Contractors: What you need to know

Whether a worker is an “employee” or an “independent contractor” is critical when it comes to such important issues as pension eligibility, workers' compensation coverage, wage and hour law, and many other matters. In some situations, federal law will govern, but the question is most often resolved by looking to state law, particularly in areas such as unemployment tax liability, workers' compensation, and state wage and hour requirements.
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Wyoming law specifically excludes independent contractors from coverage under the workers' compensation statute (WY Stat. Sec. 27-14-102). "Independent contractor" means an individual who performs services for another individual or entity and:
• Is free from control or direction over the details of the performance of services by contract and by fact;
• Represents his or her services to the public as a self-employed individual or an independent contractor; and
• May substitute another person to perform his or her services.
Under Wyoming law, an individual who performs service for wages is an employee for purposes of unemployment compensation coverage unless it is shown that the individual:
• Is free from control or direction over the details of the performance of services by contract and in fact;
• Represents his or her services to the public as a self-employed individual or an independent contractor; and
• May substitute another individual to perform his or her services (WY Stat. Sec. 27-3-104).
The Wyoming Supreme Court has set out criteria for determining whether an individual is an employee covered by the state's wage claim statute, or an independent contractor who is not covered (Diamond B Servs. v. Rohde,

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Wyoming Independent Contractors Resources

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