Hours & Pay Regulations
Normal Working Hours
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.
Tips & Gratuities
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.
Employees may be eligible to take unpaid, job-protected, leave under the Family Medical Leave Act (“FMLA”). Please refer to main United States
page for further details on this Federal law.
Jury Duty Leave
An employer shall grant an employee a leave of absence without loss of time in service for the period of jury service. For the purpose of determining seniority or pay advancement, the status of the employee shall be considered uninterrupted by the jury service. No employer may use absence due to jury service as a basis for discharging an employee or for any disciplinary action against the employee. An employer who discharges or disciplines an employee in violation of this section may be fined not more than $200 and may be required to make full restitution to the aggrieved employee, including reinstatement and back pay.
Victim and Witness Leave
An employer may not discharge or discipline an employee who is a victim or witness due to the employee’s involvement with the criminal justice process. An employer may not change the terms of employment of the victim or witness who responds to a subpoena from either the prosecution or defense in a criminal case during working hours for responding to the subpoena. State law does not require private employers to pay employees for absences caused by jury duty or court appearances. Although not required to do so, many employers do pay all employees called to jury duty or court appearances, regardless of exempt or nonexempt status, and then have employees turn their jury compensation over to the company.
Any person entitled to vote at any primary or general election or special election to fill a vacancy in the office of representatives in the Congress of the United States is, on the day of such election, entitled to absent himself from any service or employment in which he is then engaged or employed for a period of one (1) hour, other than meal hours, the hour is at the convenience of the employer, between the time of opening and closing of the polls. Such elector shall not, because of so absenting himself, lose any pay, providing he actually casts his legal vote. This shall not apply to an employee who has three (3) or more consecutive nonworking hours during the time the polls are open.
Any member of the Wyoming national guard or United States military forces reserve who is an officer or employee of this state or any political subdivision, municipal corporation or any public agency or entity of the state, including community colleges, shall be given a military leave of absence with pay at the regular salary or wage which the employee normally receives, not to exceed fifteen (15) calendar days in any one (1) calendar year to perform service in the uniformed services in addition to any other leave or vacation time to which the person is otherwise entitled.
Any officer or employee of the state or any political subdivision, municipal corporation or public agency of the state who has been employed for one (1) year and who is a member of the national guard or any other component of the military forces of the state, a member of the reserve forces of the United States or who is inducted into the military service of the United States, is entitled to leave of absence from his public office or employment without pay but without loss of seniority, status, efficiency rating, vacation, sick leave or other benefits while he is engaged in active military training or service ordered or authorized by proper authority pursuant to law exceeding fifteen (15) days in any calendar year. Such leave is in addition to any other military leave or vacation time to which the officer or employee may be entitled by law if the required military service is satisfactorily performed, which is presumed unless the contrary is established.
Last updated on: October 4th, 2018