PUBLIC NOTICE IS HEREBY GIVEN that the Wyoming Labor Standards Division is
proposing updates on Chapter 12 – Preference for Wyoming Resident Labor. On April 5, 2021,
Wyoming Governor Mark Gordon signed the House Enrolled Act (HEA) 0059, Chapter 90,
Wyoming Preference Act of 1971 – Amendments as passed by the 66th Legislature. HEA 0059,
Chapter 90 focuses on resident and nonresident laborers employed on public works projects.
Prior to the changes in Wyoming Statutes §§ 16-6-202, 16-6-203, and 16-6-206, all laborers
employed on public works projects must be Wyoming residents. If Wyoming resident laborers are
not available, a state workforce center may certify nonresident laborers for employment on a
specific project.
The following are specific changes to Labor Standards Chapter 12 – Preference for Wyoming
Resident Labor rules:
Section 3 – Definitions – added (d) “Emergency” definition and then reformatted the
remainder of the section;
Section 4 – Business Consultant Unit – added (i) “assist in the confirmation of an
emergency project by coordinating with the Workforce Center in contacting the project owner as
Section 5 – Employer Responsibilities – added (d) “an employer shall provide a list of all
subcontractors on a Public Work project to the Business Consultant Unit upon request from the
Section 6 – Resident Labor – (a)(i) and (a)(iv) – deleted one year and added ninety (90)
days; (a)(ii) – added “resident hunting or fishing license” deleted one year and added ninety (90)
days; (a)(iii) – added “military form DD214, which indicates Wyoming as the applicant’s
domicile and home or record for at least ninety (90) days; added (d): “an employer who
anticipates employing an individual on a public work project who does not meet residency
requirements as outlined in W.S. § 16-6-201(a)(ii), but whom the employer believes should be
considered a resident for the purposes of the Wyoming Preference Act, may submit a request in
writing to approve the person as a resident to the Business Consultant Unit prior to the individual
starting employment on a public work project”’ and added (d)(i) – “the Business Consultant Unit
shall issue a written document within ten (10) days of receiving the written request from the
employer. The determination will approve or deny residency status for the individual;
Section 8 – Investigation and Notice of Determination – deleted (c); and,
Section 9 – Final Agency Decision – reformatted (a)-(c).
A public comment period will end at close of business on June 17, 2021
Written comments should be submitted to the following address by June 17, 2021.
Wyoming Department of Workforce Services
ATTN: Marcia Price
5221 Yellowstone Road
Cheyenne, WY 82002
(307) 777-6746
Or via email to:
Copies of the proposed rules may be obtained by submitting a written request to the
Division, with pre-payment by personal check or money order for the total number of
copies requested; the fee for each copy is $4.00. The proposed rules may be downloaded,
free of charge, from the Department of Workforce Services (DWS) at: