Hours & Pay Regulations
A workweek is a period of 168 hours during seven (7) consecutive 24-hour periods. It may begin on any day of the week and at any hour of the day established by the employer. Generally, for purposes of minimum wage and overtime payment, each workweek stands alone; there can be no averaging of two (2) or more workweeks. Employee coverage, compliance with wage payment requirements, and the application of most exemptions are determined on a workweek basis.
Covered employees must be paid for all hours worked in a workweek. In general, ‘hours worked’ includes all time an employee must be on duty, or on the employer’s premises or at any other prescribed place of work. Also included is any additional time the employee is allowed (i.e., suffered or permitted) to work.
Wyoming has no general provision governing overtime pay, but most employees would be subject to the federal Fair Labor Standards Act, which requires that all work in excess of 40 hours per week be paid at a rate of one-and-one-half times the employee’s regular rate of pay.
There is no provision for rest breaks under the State Law. However, if the employer agrees to provide breaks for their employees, there may be Federal work hour rules that apply.
Breast Feeding Break
The FLSA requires employers to provide reasonable break time for a nursing mother employee who is subject to the FLSA’s overtime requirements in order for the employee to express breast milk for her nursing child for one year after the child’s birth each time such employee has a need to express breast milk. Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by the employee to express breast milk.
State law does not require employers to provide any type of employee fringe benefits such as holiday pay, PTO, vacation pay, etc. to their employees. However, when an employer chooses to provide such benefits that the employer is responsible for establishing a written policy outlining how those benefits are earned and paid.
Employees covered by Wyoming’s minimum wage law must be paid $5.15 an hour unless they are covered by the federal Fair Labor Standards Act. Under the Fair Labor Standards Act, the federal minimum wage is currently $7.25 per hour.
Employers may pay employees who are younger than 20 a subminimum wage of $4.25 an hour for the first 90 calendar days after employees are initially employed.
Employers must pay tipped employees a cash wage of at least $2.13 an hour. If the wages paid combined with the tips received do not equal at least the applicable minimum wage ($5.15 an hour), employers must pay the difference. Tipped employees are covered if they receive more than $30 a month in tips. Tipped employees must keep a daily record of tips they receive, and give this record to their employers each month. Tips and gratuities are the sole property of employees who receive them; they are not payable in whole or in part to employers or to any other person.
There are no general or youth provisions regarding meal and rest breaks. However, if the employer agrees to provide breaks for their employees, there may be Federal work hour rules that apply.
Last updated on: October 4th, 2018