Wyoming Labor Laws

In the US, there are federal laws in place to manage the time spent by employees in the workplace, safeguarding their rights and guaranteeing fair pay for their efforts. These laws act as directives for employers, keeping them in check, and minimizing any forms of abuse or exploitation.

The Fair Labor Standards Act (FLSA), which dates back to 1938, is a critical federal law for time management, setting hourly wage rates and overtime pay, and requiring employers to keep an accurate record of their employees’ working hours. Overtime is pegged at 1.5 times the regular hourly rate for workers who exceed 40 hours a week. However, certain job categories, including executives, professionals, and administrative employees, are exempt from overtime pay depending on their job description and salary.

The Family and Medical Leave Act (FMLA) is another essential federal law that governs time management in the workplace, entitling eligible employees to up to 12 weeks of unpaid leave for specific family and medical reasons, such as the birth or adoption of a child or caring for a family member with a serious health condition. This act also requires employers to maintain employees’ health benefits during their leave and restore them to their previous or equivalent positions upon their return to work.

Employers who contravene federal time management laws face severe legal ramifications, including fines, back pay, and damages. If workers feel that their employer has violated federal time management laws, they can file complaints with the Department of Labor’s Wage and Hour Division for investigation and legal action.

Overall, federal time management laws are instrumental in ensuring that workers are compensated fairly for their time and effort in the workplace, protecting them from abuse and exploitation by employers. The Fair Labor Standards Act and the Family and Medical Leave Act are vital federal laws that govern time management and worker compensation, ensuring fair labor practices across various sectors, including non-profit, public, and private organizations.

Job applicants in Wyoming have the right to a fair hiring process under the Wyoming Fair Employment Practices Act (WFEPA). This act protects them by prohibiting discrimination based on certain factors, including:

• Race and color
• Creed
• National origin and ancestry
• Sex
• Pregnancy
• Disability
• Age (valid for those 40 and over)

Wyoming, like many other states in the US, follows the “at-will employment” principle when it comes to its termination policies. This means that either the employer or the employee has the right to end the employment relationship at any time. No specific reasons need to be provided for the termination.

In Wyoming, when an employee is terminated, their final paycheck must be given to them before or on the next regularly scheduled payday. Failure to do so by the employer can result in the employee filing a wage complaint with the Wyoming Department of Workforce Development.

Now, we will discuss some key labor laws in Wyoming that may not be related to the categories we have previously explored. Some of these regulations include:

• COBRA Laws – According to the federal Consolidated Omnibus Budget Reconciliation Act (COBRA), employees in Wyoming may qualify for ongoing health insurance coverage after being terminated or experiencing a major life event, such as a significant reduction in work hours, divorce, a serious health condition preventing work, or dealing with a family member’s serious health issues. COBRA regulations apply to employers with 20 or more employees and can provide health insurance continuation for a maximum of 36 months. For businesses with fewer than 20 employees, Wyoming offers Mini-COBRA coverage on a state level, allowing continued insurance for a maximum of 12 months. Both COBRA and Mini-COBRA typically have a price cap set at 102% of the original cost.
• OSHA Laws – In order to ensure safe working conditions for workers in Wyoming, the state has developed a workplace safety plan that has been approved by the federal Occupational Safety and Health Administration (OSHA). The plan includes the establishment of the Wyoming Department of Workforce Services, which is dedicated to carrying out inspections of workplaces and addressing safety hazard complaints. The main goal of these efforts is to guarantee that workplaces in Wyoming are free from any known hazards.
• Wyoming Preference Act – As per the Wyoming Preference Act, it is mandatory for contractors involved in public projects to hire skilled laborers from Wyoming exclusively. If an employer wants to hire laborers from outside Wyoming, they need to demonstrate two things: firstly, that there are no skilled laborers available within the state for the job, and secondly, that the available workers are not qualified to perform the required tasks. Moreover, the employer is required to inform the nearest state employment office that their job openings could not be filled based on the provided listings.
• Whistleblower Protection Laws – Wyoming has established whistleblower laws to safeguard public employees who report any perceived or observed infractions of state or federal statutes. These laws specifically forbid employers from taking adverse actions such as termination, intimidation, or any other forms of retaliation against these whistleblowers who file complaints with sincerity and honesty.
• Background Check Laws – It is important for employers in Wyoming to adhere to the regulations outlined in the federal Fair Credit Reporting Act (FCRA) when conducting background checks on potential employees. One specific requirement is the need for criminal background checks before hiring individuals who fall under certain categories. This includes individuals who work as substitute care providers and are certified by the Department of Family Services, as well as those contracted by either the Department of Health or the Department of Family Services to provide specialized home care or respite care to minors. Following these guidelines helps ensure a thorough screening process and promotes a safe working environment.
• Drug and Alcohol Testing Laws – In Wyoming, there are currently no specific rules or regulations in place regarding drug and alcohol testing for employees. However, the state does provide a benefit to employers who choose to establish a drug-free workplace program by offering them a 10% discount on the base rates for employee compensation insurance premiums. It is worth noting that in cases where drug or alcohol testing is made mandatory as a requirement for employment, the applicant might be responsible for covering the expenses associated with the testing.
• Recordkeeping Laws – In order to comply with Wyoming regulations, employers are obligated to keep precise and permanent employee records. These records should include the details mentioned below:
  • Name
  • Address
  • Occupation
  • Hours worked each day and each week
  • Rate of pay
  • Wages paid each pay period

Wyoming has established its own state minimum wage, which is set at $7.25 per hour. The regulations pertaining to minimum wage coverage are as follows:

• Non-FLSA covered employees entitled to state minimum wage (which coincides with federal minimum wage), unless exempted.
• FLSA covered employees entitled to federal minimum wage, unless exempted.
• Employees covered by both FLSA and state minimum wage law entitled to federal minimum wage.

According to federal and Wyoming state law, employees who regularly receive over $30 in monthly tips are classified as “tipped employees“. In Wyoming, these employees can be paid a reduced tipped minimum wage of $2.13 per hour. However, if the combined total of direct wages and tips does not meet the regular minimum wage of $7.25 (whichever is applicable), the employer is required to make up the difference. The subminimum wage refers to any wage that is lower than the federal, state, or local minimum wage. Wyoming employers have the option to apply for a special license to pay a subminimum wage to employees with disabilities, with the specific wage rate being determined by a government agency based on the employee’s productive capacity. Additionally, Wyoming employees who are under 20 years old can be paid a “youth minimum wage” of $4.25 for the first 90 days of their employment.

 Certain professions in Wyoming are exempt from minimum wage laws. These exempted professions greatly overlap with those exempted on a federal level and include the following:

• Agricultural workers
• Individuals employed in domestic services
• Outside salespersons
• Professional, administrative, and executive staff (exempt under federal laws if they earn more than $684 per week, entirely exempt under state law)

In Wyoming, most employers are not obligated to have a regular pay schedule, but there are exceptions for certain industries. Occupations such as railroad operation, mining, refinery operation, prospecting, oil and gas production, factory work, mill operation, and workshop work fall under this category. Employers operating in these industries are mandated to pay their employees bi-monthly. Essentially, wages earned in the first half of the month must be paid by the first day of the next month, while wages earned in the latter part of the month must be paid by the fifteenth day of the following month.

Employees who fall under federal FLSA regulations are entitled to receive overtime pay for any work performed beyond 40 hours in a single workweek. It’s important to note that a workweek is defined as a rolling period of 7 consecutive days, equivalent to 168 hours. This timeframe is not necessarily aligned with standard waking hours or weekdays. Any hours worked beyond the regular 40-hour threshold must be compensated at a rate of 1.5 times the employee’s regular pay.

In Wyoming, certain professions are not subject to overtime rules under state law:

• Salaried supervisors, professionals and administrative employees
• Employees working in a retail store on a commission basis
• Outside salespersons

According to Wyoming law, employers are not specifically obligated to offer meal breaks or rest periods to their employees. However, companies that voluntarily decide to provide these breaks must adhere to certain regulations. If a rest period lasts for up to 30 minutes, it should be considered as compensable work time, meaning the employee should be paid for it. On the other hand, meal periods that last longer than 30 minutes can be unpaid, but during this time, the employee should be relieved of all job responsibilities.

In accordance with the provisions of the federal FLSA, employers in Wyoming are required to give nursing mothers extra break time. This ensures that employers are responsible for offering reasonable time and appropriate arrangements for nursing mothers to express breast milk. Along with more frequent breaks, employers must provide suitable facilities, excluding toilet stalls and restrooms, for this purpose. The entitlement to additional breaks extends for up to one year after giving birth. It’s important to note that Wyoming does not have any additional state laws specifically addressing breastfeeding in the workplace.

Wyoming provides two types of leaves – required and non-required leaves.

The following are the required leave types that Wyoming employers must provide to their employees:

• Family and Medical Leave – The federal Family and Medical Leave Act (FMLA) is a law in Wyoming that allows eligible employees to take up to 12 weeks of unpaid leave in the event of a medical emergency. There are various situations that may qualify an employee for this type of leave, such as childbirth and caring for a newborn, adopting or fostering a child, experiencing a serious health issue that prevents them from working, or having a family member with a serious health issue. To be eligible for FMLA leave, the employee must meet certain requirements set by federal law. These requirements include working for the same employer for at least 12 months prior to requesting the leave and having worked at least 1,250 hours during that 12-month period.
• Jury Duty Leave – In the state of Wyoming, employers are not allowed to attack an employee’s job security or take any negative action against them for fulfilling their civic duty by attending jury duty during working hours. It is essential for employers to understand that they cannot threaten, punish, or terminate an employee for serving on a jury. In the event an employer violates this rule, they may be held accountable in a court of law and could be liable for paying damages of up to $1,000 for each offense. However, it is important to note that any legal actions regarding these violations must be initiated within a period of six months.
• Military Leave – As per the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), all members of the uniformed services have the right to take unpaid military leave. This law ensures that employees can go on deployment and then resume their position upon their return. However, there are certain conditions that need to be met for this to occur. The employee must inform their employer about their military service, their total time spent on active military duty cannot exceed 5 years, they must have a honorable or qualifying discharge, and they must return to work in a timely manner. The employee is entitled to maintain all their benefits and their level of seniority that they had before their deployment.
• Voting Time Leave – In Wyoming, employers must give their employees 1 hour of leave to vote without any deduction in their pay. However, employees who have at least 3 consecutive hours off duty while the polls are open are exempt from this requirement.
• Sick Leave (For State Employees) – In Wyoming, public employees are entitled to accumulate sick leave at a monthly rate of 8 hours, which adds up to 12 days per year. Moreover, there is no maximum cap on the number of accumulated hours, as sick leave can be carried forward from one year to the next.
• Annual and Holiday Leave (for State Employees) – Annual leave can vary from 8 hours to 16 hours per month earned, depending on the number of months served. Holidays  can be seen in the table just under the non-required leaves.

The non-required leave types are:

• Sick Leave (Private Employees) – Private employers in Wyoming are not obligated by any regulations to offer sick leave to their employees.
• Bereavement Leave – Employers, whether private or public, in Wyoming are not obligated to grant bereavement leave to their employees.
• Vacation, Annual, and Holiday Leave (Private Employees) – Employees working in Wyoming in private companies do not have the right to take vacation time, annual leave, or holiday leave.

The following are the official federal holidays observed in the US:

In Wyoming, the majority of minors who are employed need to adhere to federal FLSA regulations. However, there are certain conditions under which businesses can be exempt from these federal provisions and instead follow the regulations set by the state of Wyoming. In order to be exempt, businesses must meet the following criteria: they should not engage in shipping or receiving any goods across the state border of Wyoming, they must have a staff of two employees or less, their gross income from sales must be less than $500,000, and they must operate strictly on a cash basis.

There are special rules when it comes to working hours for minors. These can be seen as follows:

Certain occupations and activities are strictly regulated by federal law to prevent minors under the age of 18 from engaging in potentially dangerous tasks, while others are regulated by the state individually. In the state of Wyoming, some examples of occupations and activities that are prohibited for minors include:

• Operating power-driven machinery
• Mining
• Working in a confined space
• Excavation
• Operating a meat slicer
• Working in establishments that serve alcohol
• Operate heavy construction equipment
• Be exposed to explosives or toxic chemicals in the workplace
• Act or perform in a venue where alcohol is sold or given away
• Work for any illegal or immoral purposes
• Work in any place or occupation that is damaging to their health, safety, or morals