Wyoming

Labor Compliance Guide

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.

Overtime

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.

Breaks

Wyoming labor laws do not have any laws requiring an employer to provide a meal period or breaks to employees, thus the federal rule applies. The federal rule does not require an employer to provide either a meal (lunch) period or breaks. However, if an employer chooses to do so, breaks, usually of the type lasting less than twenty (20) minutes, must be paid. Meal or lunch periods (usually thirty (30) minutes or more) do not need to be paid, so long as the employee is free to do as they wish during the meal or lunch period).

 

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.

Public Holidays

Wyoming law does not require private employers to provide employees with either paid or unpaid holiday leave. If an employer chooses to provide either paid or unpaid holiday leave, it must comply with the terms of its established policy or employment contract.

 

In Wyoming, a private employer can require an employee to work holidays. A private employer does not have to pay an employee premium pay, such as 1½ times the regular rate, for working on holidays, unless such time worked qualifies the employee for overtime under standard overtime laws.

Annual Leave

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.

Minimum Wage

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.

The above information on minimum wages might not be up to date & subject to change. Kindly access the DOL website for the current rates.

Meal Breaks

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.

Special Leave

Unpaid Leave
Employees may be eligible to take unpaid, job-protected, leave under the Family Medical Leave Act (“FMLA”). Please refer to the 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.
Voting Leave
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.
Military Leave
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.
In addition to USERRA, Wyoming law provides the following job protections to members in the uniformed services:
    • Leave (paid or unpaid, at employer’s discretion) of up to five years for active duty, training or a qualifying physical exam;
    • Right to maintain health coverage at their own cost while on military leave (must also continue to accrue sick, annual, vacation or military leave on the same basis);
    • Returning members who apply for reemployment within the appropriate timeframe, based on length of service, must be reinstated to original positions. Reinstated employees may not be terminated without cause for one year.

Last updated on: June 10th, 2020