Wage and Hour Laws in Wyoming | Current Wyoming Labor Laws


Minimum Wage

In Wyoming, the current minimum wage is $5.15. Interestingly, because this rate is lower than the federal minimum wage, employees’ incomes may vary.

According to state law, Wyoming employers must pay either the state or federal standard minimum wage, whichever is higher. That said, most employees are paid the standard federal minimum wage, which is $7.25. For tipped employees, their minimum wage is $2.13.

When combining tipped wages and tips, employees must make at least the standard minimum wage. If their income is insufficient, employers must account for the difference. Additionally, tipped employees have to provide employers with a daily record of tips every month. These records are then kept in the event the IRS requires such information.Visit our Wyoming minimum wage information page to learn more about minimum wage in Wyoming.

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Overtime

Wyoming labor laws do not have laws governing the payment of overtime. WY Dept. of Workforce Services FAQ. Federal overtime laws apply. See FLSA: Overtime for more information regarding overtime requirements.


Prevailing Wages

Under certain circumstances, employers in Wyoming may be required to pay residents wage rates established by the federal or state prevailing wage rates and rules. The prevailing wage rates may be different from the state’s standard minimum wage rates. Employees may be eligible for prevailing wages if they work on federal or state government or government-funded construction projects or perform certain federal or state government services. See the Wyoming Prevailing Wages, Davis-Bacon and Related Acts, McNamara-O’Hara Service Contract Act (SCA), and Walsh-Healey Public Contracts Act (PCA) for more information about prevailing wages.


Meals and 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. WY Dept. of Workforce Services FAQ.


Nursing Mother Breaks

Wyoming labor laws do not require employers to provide nursing mothers with breaks to express breast milk. However, the federal Fair Labor Standards Act requires certain employees to provide nonexempt nursing mothers for one (1) year following a child’s birth with reasonable rest breaks to express milk and private spaces, other than a bathroom, to express breast milk.


Vacation Leave

Wyoming employers aren’t required to offer employees unpaid or paid vacation benefits. If employers provide these benefits, they must be outlined in employment contracts and followed based on the policies.

Employers may also establish policies that prevent employees from being paid for accrued vacation when terminated. However, any forfeiture of vacation leave must be signed off on by the employee in their employment contract. If this is not complete, the employer must pay employees for their accrued unused vacation leave.

It’s also important to note that employers may require employees to begin work on a specific date before receiving vacation leave. Wyoming also allows employers to have “use-it-or-lose-it” policies regarding accrued vacation. If employees do not use their vacation time, they could lose the time off.

Visit our Wyoming vacation leave information page to learn more about vacation leave in Wyoming.


Sick Leave

Wyoming is a state that doesn’t require its employers to offer employees sick leave benefits. However, some employees could be covered by the federal Family and Medical Leave Act, requiring unpaid time off.

Additionally, employers could choose to implement sick leave policies independently. Employers must abide by the terms laid out in their policies and employment contracts in these instances.

Visit our Wyoming sick leave information page to learn more about sick leave in Wyoming.


Holiday Leave

Wyoming employers aren’t required to offer their staff any unpaid or paid time off for holidays. Also, employees aren’t entitled to be paid a premium rate if they work on holidays.

Employers may require their staff to work on specific holidays throughout the year. They are required to provide employees with special pay rates if their hours are classified as overtime. In these instances, employers must pay following overtime laws. Alternatively, companies can implement their own holiday leave policies.

Visit our Wyoming holiday leave information page to learn more about holiday leave in Wyoming.


Jury Duty Leave

Employers are not obligated to provide their employees with paid or unpaid time off to serve on a jury. That said, they also cannot penalize an employee for answering a jury summons or serving. They may not revoke benefits, coerce, or threaten their employees in these instances.

Visit our Wyoming jury duty information page to learn more about jury duty leave in Wyoming.


Voting Leave

Wyoming requires employers to offer one hour of paid voting leave for special, primary, or general elections. This only applies if employees do not have three or more off-duty hours to vote while polls are open.

Employers can also control when their staff has time off to vote, ensuring the company’s schedule is maintained.Visit our Wyoming voting leave information page to learn more about voting leave in Wyoming.


Severance Pay

Wyoming labor laws do 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.


Unemployment

Workers in Wyoming can apply for unemployment benefits while actively seeking a new job. There are specific requirements that applicants must meet before being granted benefits. These eligibility requirements include:

  • Applicants must be partially or completely unemployed.
  • Applicants must have earned sufficient wage credits.
  • Applicants must be unemployed through no fault of their own.
  • Applicants must be able and available to work each week.
  • Applicants must actively seek employment each week while receiving benefits.

Visit Wyoming’s unemployment information page to learn more about unemployment benefits in Wyoming.


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We hope you find our newsletters help you better navigate employment and labor law issues.