CHEYENNE, WY — Across the country, there is growing bipartisan recognition that independent workers deserve access to benefits without sacrificing flexibility or autonomy.
Today, the Wyoming Legislature overwhelmingly passed Senate File 41 in a combined vote of 90-1, positioning the state to become the fourth in the nation to adopt a portable benefits framework modeled after Independent Women’s “Voluntary Portable Benefits Act.” The legislation now heads to Governor Mark Gordon‘s desk to be signed into law.
SF 41 authorizes the creation and use of portable benefit accounts and establishes a clear safe harbor allowing companies to voluntarily contribute to those accounts without triggering worker misclassification. The measure protects independent contractor status while expanding access to voluntary benefits such as health coverage, disability insurance, and retirement savings.
Independent workers are one of the fastest-growing segments of the American workforce representing over 66,000 workers and over 20% of the workforce in Wyoming. Yet many are locked out of accessing traditional employee benefits simply because they choose flexible, independent work. Wyoming is carrying forward western momentum on recognizing the changing workforce. Neighboring Utah was the first state to pass this innovative legislation in 2023 and Idaho has a similar proposal under consideration in their legislature now.
With the passage of SF 41, hiring parties may voluntarily contribute funds to portable benefit accounts without those contributions being used as a factor in employment classification determinations. This ensures workers gain access to critical financial and healthcare benefits without sacrificing their flexibility or autonomy.
“Wyoming has always been a state that values independence and hard work, but the way we work is changing. By passing this first-of-its-kind portable benefits legislation, we are ensuring that our gig workers, contractors and entrepreneurs don’t have to choose between a flexible career and financial security. We are setting the national gold standard – proving that Wyoming is not only open for business but is the best place in the country for the modern workforce to thrive,” said Wyoming Senator Jared Olsen.
“This is a win for women, workers, and the small business community,” said Patrice Onwuka, director of Independent Women’s Center for Economic Opportunity and author of the legislative model. “Our modern economy is generating innumerable flexible opportunities, something that women value as they juggle caregiving and other priorities with work. Freelancers, self-employed, and gig workers depend on this flexibility, but also desire the security of benefits. Portable benefits are a bipartisan solution that expands access to healthcare, paid time off, and retirement benefits while protecting the independent status of flexible workers.”
“I am grateful to Senators Jared Olsen, Barry Crago, Brian Boner, and Representatives J.D. Williams and Lee Filer for the support that they have given SF41. Wyoming has a unique economy that presents challenges that can be difficult to navigate, especially for families. Portable benefits give families who want to have flexible work options a practical way to access benefits while still allowing opportunities for Wyoming’s many small businesses to flourish,” said Cathy Holman, Wyoming Leading Member at Independent Women’s Network.
Independent Women unveiled its Voluntary Portable Benefits Act model legislation last year as part of a multi-state initiative to modernize workforce policy and safeguard independent worker choice. The organization continues to amplify the voices of independent workers through its national storytelling drive: “Your Work. Your Benefits. Your Story,” highlighting the urgent need to expand access to portable benefits to meet the needs of today’s rapidly evolving workforce.
Wyoming joins a growing number of states that are prioritizing Independent Women’s Voluntary Portable Benefits framework this legislative session.
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