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information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
Wyoming does 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 20 minutes, must be paid. Meal or lunch
periods (usually 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. WY Dept. of Employment FAQs.
Vacation
In Wyoming, employers are not required to provide employees with vacation benefits, either
paid or unpaid. WY Atty Gen. Opinion No. 63-53. If an employer chooses to provide such
benefits, it must comply with the terms of its established policy or employment contract. WY
Stat. § 27-4-507; WY Atty Gen. Opinion No. 63-53.
In Wyoming, an employer cannot require an employee to forfeit accrued or earned vacation
leave upon separation from employment, regardless of the reason, once the vacation is
earned according the employers policy. WY Dept. of Employment FAQs.
An employer may place time requirements on employees before they accrue or earn
vacation leave, such as having to be employed on their anniversary date. WY Dept. of
Employment FAQs.
Neither Wyoming’s Legislature nor its courts have given any significant guidance regarding
other potential vacation policy issues. They are silent regarding whether an employer may:
- cap the vacation leave an employee may accrued over time,
- implement a “use-it-or-lose-it” policy requiring employees to use their leave by a set
date or lose it.
Severance
Wyoming law does not require employers to provide employees with severance pay. If an
employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
Holidays
Wyoming law does not require employers to provide employees with either paid or unpaid
holiday leave. In Wyoming, an employer can require an employee to work holidays. An
employer does not have to pay an employee premium pay, such as 1 1/2 times the regular
rate, for working on holidays, unless such time worked qualifies the employee for overtime
under standard overtime laws. 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.
Minimum Wage
Wyoming's current minimum wage is $5.15. WY Dept. of Employment Reference Guide.
Some exceptions apply to Wyoming's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
Sick Leave
Wyoming law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. If an employer chooses to provide sick leave benefits, it must comply
with the terms of its established policy or employment contract. WY Dept. of Employment
FAQs.
An employer in Wyoming may be required to provide an employee sick leave in accordance
with the Family and Medical Leave Act or other federal laws.
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Wage and Hour Laws for Private Sector Employers
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TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday and Sunday Leave
- Jury Duty
Jury Duty
An employer is not required to pay an employee for time spent responding to a jury
summons or serving on a jury.
An employer may not discharge, threaten to discharge, intimidate or coerce any employee
by reason of the employee's attendance or scheduled attendance in connection with jury
service.
Wyoming Stat. 1-11-401