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Wyoming - Wage Payment Laws - Employment Law Handbook

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Frequency of Wage Payments

Wyoming does not have laws governing how frequently an employer must pay its employees, except for employers who operate a railroad, mine, refinery, factory, mill, or workshop or who engage in work incidental to prospecting for, or the production of, oil and gas. Employers in those specific industries must pay employees all wages earned from the 1st to the 15th day of any month on or before the 1st day of the following month. Those employers must pay employees all wages earned between the 16th and last day of any month on or before the 15th day of the following month. An employer in any of the above listed industries must pay an employee who is absent on payday on demand by the employee. If a payday falls on a nonwork day, the employer must pay the employee on the workday preceding the nonworkday. Wyoming Stat. 27-4-101



 

Manner of Wage Payments

An employer may pay employees by:

  • cash,
  • check,
  • direct deposit, but only with written authorization from the employee.

Wyoming Stat. 27-4-101
 

 

Direct Deposit

An employer may pay an employee by direct deposit but only with written authorization from the employee. An employer cannot require an employee to receive payment of wages by direct deposit. Wyoming Stat. 27-4-101
 

 

Payment upon Separation from Employment

An employer must pay an employee who quits or resigns, who is discharged or fired, or who is laid off, all wages due within five (5) working days of the date of termination of employment. The employer may offset from the final wages any sums due the employer which have been incurred by the employee during his employment. This requirement does not apply to the earnings of a sales agent employed on a commission basis where the net amount due may not be determinable except after a verification of sales, accounts, funds or stocks. Wyoming Stat. 27-4-10

Employees who are suspended or resigns due to a labor dispute (strike)

Virginia has no law regarding an when an employer must pay an employee who has resigned due to a labor dispute. Presumably an employer would pay an employee who resigns employment due to a labor dispute within five (5) working days of the date of termination of employment.


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Wages in Dispute

In the case of a dispute between an employer and an employee over wage offsets, the employer must give written notice to the employee of the amount of wages conceded to be due and must timely pay such amounts without condition. Acceptance by the employee of any partial payment of wages does not constitute a release or waiver as to the balance of any claim for the remaining unpaid wages. WY Dept. of Employment, Wage Offset Rules


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Deductions from Wages

An employer may deduct from an employee’s wages the following so long as the deduction meet the specified criteria listed below:

  • cash shortages
  • breakage, damage, or loss of the employer’s property
  • purchase of required uniforms or clothing
  • required tools
  • other items necessary for employment

An employer may withhold or deduct wages from an employees paycheck if it is deducted:

  • for damages suffered by the employer due to the employee’s negligence, provided:
    • the employee’s negligence is determined by a judicial proceeding;
    • the amount of the damage suffered by the employer is determined by a judicial proceeding;
    • the negligence and damages arise in the course of the employment; and
    • the employer has not received payments, compensation, or any form of restitution from any insurer, assurer, surety or guaranty to cover any of the damages. Where the employer has received payments, compensation, or any form of restitution from any insurer, assurer, surety or guaranty to cover any of the damages caused by the employee’s negligence, the sum of the offset shall not exceed the amount of any applicable deductible or two hundred fifty dollars ($250.00) whichever is less.
  • resulting from cash shortages, provided:
    • the employee gives written acknowledgement upon beginning employment that he or she shall be responsible for any such shortages;
    • the employer and employee verify in writing the amount of cash that is in the register or cash box at the beginning of the employee’s work period;
    • the employer and employee verify in writing the amount of cash that is in the register or cash box immediately at the end of the employee’s work period; and
    • the employee is the sole and absolute user and had sole access to the register or cash box from the time they checked in until the time they checked out;
  • as payment for any purchase of tools, equipment, uniforms, or other items required for the employment of the employee, provided:
    • the employee has actual or constructive possession of the items; and
    • the employee’s purchase and receipt of the item is evidenced by written acknowledgement.
  • as payment for tools, equipment, uniforms, or other items assigned to the employee by the employer, provided:
    • the item was assigned to the employee to be used within the scope of the employee’s employment,
    • the employee gave written acknowledgement of the receipt of such items; and
    • the items have not been returned to the employer upon termination.
  • pursuant to the Internal Revenue Code or any other Federal tax provision;
  • pursuant to the Social Security Administration Act and the Federal Insurance Contribution Act.
  • as dues, contributions, or other fees to any labor organization or association or ascontributions for any employee’s participation or eligibility in any health, welfare, insurance, retirement, or other benefit plan or program, provided:
    • the employee has granted written authorization for such deductions; and
    • the deductions terminate upon the employee’s written revocation of the authorization.
  • as payments, repayments, contributions, deposits, to any credit union, banking, savings, loan, trust or other financial institution, provided:
    • the employee has granted written authorization for such deductions; and
    • the deductions terminate upon the employee’s written revocation of the authorization.
  • as payment for any purchase of goods or services by the employee from the employer, provided:
    • the goods or services sold by the employer are sold in the ordinary course of his or her business;
    • the employee has actual or constructive possession of the goods or services purchased; and
    • the employee’s purchase is evidenced by the employee’s written acknowledgement.
  • pursuant to an attachment or garnishment order;
  • as repayment to the employer by the employee of any cash advances, loans or payments of expenses for optional benefits such as tuition assistance, relocation and training, made to the employee by such employer, provided:
    • the cash advance, loan or payment of expenses to the employee occurred while said employee was in the employ of such employer; and
    • the employee’s receipt of such cash advance, loan or payment of expenses is evidenced by the employee’s written acknowledgement.

WY Dept. of Employment, Wage Offset Rules


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Uniforms, Tools, and Other Equipment Necessary for Employment

An employer may require an employee to pay for required uniforms, tools, or other necessary equipment and can deduct the cost of the items from an employee’s wages so long as the employer takes the deduction:

  • as payment for any purchase of tools, equipment, uniforms, or other items required for the employment of the employee, provided:
  • the employee has actual or constructive possession of the items; and
  • the employee’s purchase and receipt of the item is evidenced by written acknowledgement.
  • as payment for tools, equipment, uniforms, or other items assigned to the employee by the employer, provided:
  • the item was assigned to the employee to be used within the scope of the employee’s employment.
  • the employee gave written acknowledgement of the receipt of such items; and
  • the items have not been returned to the employer upon termination.

WY Dept. of Employment, Wage Offset Rules


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Pre-hire Medical, Physical, or Drug Tests

Wyoming does not have any laws prohibiting an employer from requiring an applicant or employee to pay the cost of a medical examination or the cost of furnishing any records required by the employer as a condition of employment.


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Notice of Wage Reduction

Wyoming does not have any laws addressing when or how an employer may reduce an employees wages or whether an employer must provide employees notice prior to instituting a wage reduction. Any wage reduction can only be applied to hours worked after the change and cannot be applied to hours already worked. WY Dept. of Workforce Services FAQ


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Statement of Wages (Pay Stub)

An employer must, at the time of each payment of wages, furnish each of his employees with a an itemized statement in writing showing all deductions made from wages. Wyoming Stat. 27-4-101


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Record Keeping Requirements

An employer must make and keep for a period of not less than two (2) years in or about the premises wherein any employee is employed, a record related to each employee of:

  • their name, address and occupation;
  • their rate of pay;
  • the amount paid to them each pay period;
  • the hours worked by them each day and each work week.

Wyoming Stat. 27-4-203


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Notice Requirements

Wyoming does not have any laws requiring employers to provide employees, whether at hire or at any other time, of notice of wage rates, dates of pay, employment policies, fringe benefits, or other terms and conditions of employment.


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