Wyoming Wage Payment Laws - ELH / HR4Sight

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 non-workday, the employer must pay the employee on the workday preceding the non-workday. WY Statute 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.

WY Statute 27-4-101(b)

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. WY Statute 27-4-101(b)

Payroll Card

Wyoming labor laws do not address whether an employer may pay an employee’s wage by payroll card.

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 in cash or by check or draft which can be cashed at a bank no later than the employer’s usual practice on regularly scheduled payroll dates.

The employer may offset from the final wages any sums due to 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 verifying sales, accounts, funds, or stocks. WY Statute 27-4-104

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

Wyoming has no law regarding when an employer must pay an employee who has resigned due to a labor dispute. Presumably, An employer must pay an employee who quits or resigns, who is discharged or fired, or who is laid off all wages due in cash or by check or draft which can be cashed at a bank no later than the employer’s usual practice on regularly scheduled payroll dates.

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 Workforce Services – Wage Offset Rules

Deductions from Wages

An employer may deduct from an employee’s wages the following so long as the deduction meets 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 acknowledgment 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 as contributions 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 employeeâ€™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 employeeâ€™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 Workforce Services – Wage Offset Rules

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 Workforce Services – Wage Offset Rules

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.

Notice of Wage Reduction

Wyoming does not have any laws addressing when or how an employer may reduce an employee’s 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 – Wage Offset Rules

Statement of Wages (Pay Stub)

An employer must, at the time of each payment of wages, furnish each of his employees with a detachable part of the check, draft, or voucher containing an itemized statement in writing showing all deductions made from wages. WY Statute 27-4-101

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.

WY Statute 27-4-203

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.