Compliance Watch:
What are my overtime rights in Wyoming?

2024

Overtime laws are designed to protect employees from being overworked without adequate compensation. As a result, understanding your rights regarding overtime is crucial for ensuring fair compensation for your work.

Both federal and state regulations govern employees’ overtime rights in Wyoming, which employers must adhere to. This guide provides an overview of employee overtime rights in Wyoming so that you can better understand your entitlements as well as responsibilities.

This Article Covers

Understanding Overtime in Wyoming
Common Questions About Overtime in Wyoming
Legal Working Hours in Wyoming
Overtime Eligibility in Wyoming
    Overtime Payment Calculations in Wyoming
      Receiving Overtime Payment in Wyoming
      Violations of Overtime Law in Wyoming

      Understanding Overtime in Wyoming

      Is overtime pay mandatory in Wyoming?

      Overtime pay is mandatory in Wyoming for all non-exempt employees, following the federal guidelines set by the Fair Labor Standards Act (FLSA). Employers must pay eligible employees one and one-half times their regular rate of pay for hours worked over 40 in a workweek. Proper classification of employees and accurate recordkeeping is crucial for compliance. Misclassifying employees or failing to pay for overtime hours can result in legal consequences.

      When do I qualify for overtime pay in Wyoming?

      You qualify for overtime pay if you work more than 40 hours in a single workweek. To qualify for overtime pay, you must be classified as a non-exempt employee under the FLSA. Non-exempt employees are those who are paid on an hourly basis or whose job duties do not fall under the exemption categories.

      How much is overtime pay in Wyoming?

      Overtime pay in Wyoming is one and a half (1.5) times the regular pay rate for non-exempt employees who work more than 40 hours in a workweek. Since the minimum wage in Wyoming is $7.25 per hour, Wyoming’s overtime minimum rate is $10.88 per hour.

      Which laws govern overtime in Wyoming?

      Wyoming does not have a state statute governing overtime rights. Instead, Wyoming adheres to the federal overtime regulations set forth by the FLSA. The FLSA distinguishes between exempt and non-exempt employees. Exempt employees, such as those in executive, administrative, professional, and certain other roles, are not entitled to overtime pay. Non-exempt employees are entitled to overtime pay. Under the FLSA, non-exempt employees must receive overtime pay for hours worked over 40 in a workweek. The overtime pay rate is one and a half times (1.5x) the employee’s regular hourly rate.

      Wyoming does, however, have a statute governing overtime for public works projects. Wyoming Statute § 16-6-110 governs overtime for laborers, workmen, and mechanics on public works projects, requiring overtime pay for hours worked over 40 in a week at a rate of one and a half times the regular pay. This statute also limits work to eight hours a day or 40 hours a week unless agreed otherwise, except for emergencies and wartime work.

      Common Questions About Overtime in Wyoming

      Do employers have to pay overtime in Wyoming?

      Yes, employers in Wyoming are required to pay overtime to non-exempt employees who work more than 40 hours in a workweek. The overtime rate must be at least 1.5 times the employee’s regular rate of pay.

      Can an employee refuse to work overtime in Wyoming?

      Employers in Wyoming have the right to require employees to work overtime. Employees should review their contracts for any clauses related to mandatory overtime. If employees refuse mandated overtime, employers can discipline or terminate employees for refusing to comply. However, there are certain exceptions to this: if the overtime request violates the employee’s health and safety, or if the employee has legitimate personal obligations or health issues, they might negotiate with their employer regarding overtime. Employers cannot discriminate or retaliate against employees for legitimate reasons protected by law.

      Can I take comp time instead of overtime pay in Wyoming?

      In the private sector, compensatory time off (comp time) cannot be used in lieu of overtime pay. Employees must be paid in cash for overtime hours worked. The FLSA requires overtime pay for hours worked over 40 in a workweek.

      Comp time is generally permissible in the public sector under specific conditions. Public sector employees can accrue up to 240 hours of comp time, while employees in certain public safety, emergency response, or seasonal activities can accrue up to 480 hours of comp time.

      Can I get overtime pay in Wyoming without employer approval?

      Yes, eligible employees must be paid overtime at 1.5 times their regular pay rate for any hours worked over 40 in a workweek, even if the employer did not approve the overtime in advance.

      Employers can implement policies requiring employees to obtain prior approval before working overtime. However, these policies do not absolve the employer from the responsibility of paying for overtime work performed. Employers may also discipline employees for performing unauthorized overtime work.

      Does Wyoming have double-time pay?

      Wyoming does not have specific state laws mandating double-time pay for employees. The overtime pay requirements that Wyoming adheres to only mandate that employers must pay employees at a rate of one and one-half times (1.5x) an employee’s regular rate of pay for hours worked over 40 in a workweek.

      While not required by law, some employers may choose to offer double-time pay as a benefit to employees for working on holidays, weekends, or for hours exceeding a certain threshold in a day.

      What is working ‘off-the-clock’ in Wyoming?

      In Wyoming, working ‘off-the-clock’ refers to situations where an employee performs job-related tasks but is not compensated for the time spent on those tasks. Some common situations where working off-the-clock may occur:

      • Pre-Shift and Post-Shift Activities: Employees might engage in activities before their shift starts or after it ends that are directly related to the job.
      • Working During Breaks: If an employee performs work-related tasks during their unpaid meal breaks, this time should be compensated. For example, if an employee takes a call from a client or responds to emails during their lunch break.
      • Unreported Work: Employees might feel pressured to complete tasks outside scheduled hours without reporting the extra time. This can happen if there is an implicit expectation from the employer or if employees believe their job security depends on their willingness to work extra hours without pay.
      • Remote Work: With the increase in remote work and telecommuting, employees might work from home outside of their regular working hours. This includes checking and responding to work emails, making phone calls, or completing assignments.
      • On-Call Work: If an employee is on call and is required to perform tasks, this time should be compensated. For example, if a technician is on call and receives a call to fix an issue, the time spent resolving the problem should be paid.

      What are common ways employers avoid paying overtime in Wyoming?

      Some employers in Wyoming may attempt to avoid paying overtime through illegal or unethical practices. They might do this if they:

      • Misclassify employees as exempt: Employers may incorrectly classify employees as exempt from overtime under the FLSA. Only certain employees who meet specific criteria can be classified as exempt.
      • Misclassify employees as independent contractors: Employers may also misclassify employees as independent contractors. Independent contractors are not entitled to overtime pay, but misclassifying an employee to avoid paying overtime can lead to legal consequences.
      • Require off-the-clock work: Employers may encourage employees to perform work-related tasks before clocking in or after clocking out. If employees are required to work during their unpaid meal break, this time should be compensated. Not allowing employees to take their designated breaks can be a way to avoid paying for those hours.
      • Calculate hours worked incorrectly: Some employers may round down employees’ hours worked when calculating time, effectively reducing the number of hours for which employees are compensated. For instance, rounding down to the nearest 15 can result in significant unpaid work over time.
      • Fail to pay for all hours worked: Employers may refuse to pay for overtime hours worked, arguing that those hours were not authorized or were not necessary. However, if an employer knows or should know that an employee is working overtime, they must pay for it, even if it was pre-approved.
      • Give comp time in lieu of overtime pay: Some employers may offer compensatory time (comp time) to be taken in the future instead of paying overtime. While this practice is allowed in the public sector under certain circumstances, it is not permissible in the private sector under the FLSA. Private sector employers must pay overtime in the form of wages.

      Can you work seven days in a row in Wyoming?

      There is no state law in Wyoming that prohibits working seven days in a row. The state follows the FLSA guidelines which do not restrict the number of days an employee can work consecutively. However, there are some federal regulations and specific industry rules that might apply to certain workers. For instance, certain safety-sensitive jobs, such as truck drivers, airline pilots, and others, have specific regulations regarding rest periods and maximum working hours.

      How many ten-hour days can you work in a row in Wyoming?

      In Wyoming, there are no state-specific labor laws that limit the number of ten-hour days an employee can work in a row. Under the FLSA, as long as non-exempt employees are paid overtime for hours worked over 40 in a workweek at a rate of one and a half times their regular pay, they can work any number of consecutive ten-hour days.

      What are full-time hours in Wyoming?

      The definition of full-time hours in Wyoming varies by employer and industry. There is no specific legal definition under Wyoming state law that mandates what constitutes full-time hours. Many industries consider 40 hours per week as full-time employment. Employees should refer to their employer’s policies or employment contract for specific definitions of full-time hours.

      How many hours straight can you legally work in Wyoming?

      In Wyoming, there is no state-specific statute that limits the number of hours an employee can work in a day or week for most occupations. Instead, federal laws apply. According to the Fair Labor Standards Act (FLSA), which governs overtime pay, employees must be paid overtime for any hours worked over 40 in a workweek at a rate of one and a half times their regular pay.

      However, there are specific regulations for certain industries and occupations. For example, federal regulations may limit the number of hours for commercial drivers, pilots, and certain other safety-sensitive positions.

      Is overtime after eight hours or 40 hours in Wyoming?

      Overtime hours in Wyoming are based on hours worked over 40 in a workweek, not after eight hours. Employers are required to pay non-exempt employees overtime at a rate of at least 1.5 times their regular rate of pay for all hours worked 40 in a workweek.

      Does working on the weekend qualify for overtime pay in Wyoming?

      Hours worked on weekends are treated the same as hours worked on weekdays when calculating overtime. If an employee’s total hours worked, including weekend hours, exceed 40 hours in the workweek, any hours over 40 must be compensated at a rate of at least one and one-half times (1.5x) the employee’s regular rate of pay.

      How many hours off between shifts is required in Wyoming?

      Under federal law, adult employees in Wyoming are not entitled to a specific minimum number of hours off between shifts. Employers must comply with federal and state laws regarding wages, hours, and workplace safety. While there is no mandated minimum, employers may have internal policies or collective bargaining agreements that address scheduling and rest periods between shifts.

      What does ‘hours worked’ include in Wyoming?

      In Wyoming, ‘hours worked’ includes all the time an employee must be on duty, on the employer’s premises, or at any prescribed workplace. Hours worked typically include the following:

      • Actual Hours Worked: This includes the time an employee spends performing their job duties. It covers all the time that an employee is required to be on duty.
      • Training Time: If an employer requires an employee to attend training, workshops, lectures, or meetings, the time spent in these activities is considered hours worked. This includes both on-site and off-site training sessions that are directly related to the employee’s job.
      • On-Call Time: If the employee is required to remain on the employer’s premises or within proximity, restricting their ability to use the time for their purposes, this time is compensable.
      • Breaks: Short breaks, usually lasting from 5 to 20 minutes, are counted as hours worked. However, meal periods, usually 30 minutes or more, where the employee is relieved of all duties, are not considered hours worked if the employee is free to leave their post.
      • Waiting Time: If an employee is engaged in waiting, this time is considered hours worked. For example, a factory worker who waits for machinery to be repaired is working during this period because they cannot use the time effectively for their purposes.
      • Travel Time: Travel that is part of the employee’s main job activities, such as travel between job sites during the workday or even if it is outside of the regular workday. For example, if an employee travels for a business meeting and the travel time overlaps with their normal work hours.

      What is the maximum number of hours a salaried employee can work in Wyoming? 

      Wyoming has no state-specific laws that limit the maximum number of hours a salaried employee can work. The state adheres to the federal FLSA guidelines, which do not cap the number of hours a salaried employee can work weekly. Salaried employees classified as exempt are not entitled to overtime pay regardless of the number of hours worked. Non-exempt salaried employees must be paid overtime for hours worked over 40 in a workweek. The number of hours a salaried employee can work is subject to employer discretion and job requirements.

      Learn more about Your Rights as a Salaried Employee in Wyoming.

      What is the maximum number of hours an hourly employee can work in Wyoming?

      Wyoming has no state-specific laws limiting the maximum number of hours an hourly employee can work a day or week. The state follows the federal FLSA, which also does not set the maximum number of hours an employee can work. However, under the FLSA, hourly employees must be paid overtime at a rate of one and a half times their regular pay for any hours worked over 40 in a workweek.

      Learn more about Your Rights as an Hourly Employee in Wyoming.

      Overtime Eligibility in Wyoming

      Who is eligible for overtime pay in Wyoming?

      In Wyoming, most employees are eligible for overtime pay unless they fall under specific exemptions based on their job duties and salary level. Most hourly workers and certain salaried employees who do not meet the exemption criteria are eligible for overtime pay. Employers must carefully evaluate each employee’s role to determine whether they are exempt or non-exempt from overtime pay requirements. Misclassification of eligible employees can result in legal consequences.

      Who is exempt from overtime pay in Wyoming?

      The FLSA establishes requirements to denote exemption from overtime pay. These exemptions are primarily based on the nature of the employee’s job duties and their salary level. As of July 1, 2024, there is a new salary basis threshold for overtime exemption, and it has increased to $844 weekly or $43,888 annually. Besides meeting the salary threshold, salaried employees must also meet the specific job duties:

      • Executive Employees: The employee’s primary duty must be managing a department of the company or the company itself. The employee must direct the work of at least two or more other employees, and must have the authority to hire or fire other employees, or their recommendations as to hiring, firing, promotion are given particular weight.
      • Administrative Employees: The employee’s primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers.
      • Professional Employees: The employee’s primary duty must be the performance of work requiring advanced knowledge, which is predominantly intellectual and includes work requiring the consistent exercise of discretion and judgment.
      • Computer Employees: The employee must be employed as a computer systems analyst, computer programmer, software engineer, or another similarly skilled worker in the computer field performing duties. The employee must be compensated either on a salary or fee basis at a rate not less than $844 per week or, if compensated on an hourly basis, at a rate not less than $27.63 an hour.
      • Outside Sales Employees: The employee’s primary duty must be making sales or obtaining orders or contracts for services or using facilities for which the client or customer will pay a commission. The employee must be customarily and regularly engaged away from the employer’s place or places of business.
      • Highly Compensated Employees: Office or non-manual employees who are paid a total annual compensation of $120,000 or more are exempt from overtime if they regularly perform at least one of the duties of an exempt executive, administrative, or professional employee identified in the standard tests of exemption.

      In addition, Wyoming overtime laws recognizes the following professions not subject to overtime provisions:

      • Workers in the transportation industry, such as railroad and air carrier employees.
      • Domestic service workers who live with their employers.
      • Employees in broadcasting stations in non-metropolitan areas, including announcers and chief engineers.
      • Employees in motion picture theaters.
      • Commissioned employees in retail or service establishments selling specific items.
      • Farmworkers.

      Can salaried employees get overtime pay in Wyoming?

      Yes, certain salaried employees in Wyoming can receive overtime pay. Eligibility of salaried employees to overtime pay depends on their classification under the FLSA. Those salaried employees who do not meet the exemption criteria are classified as non-exempt and eligible for overtime pay. Non-exempt salaried employees must be paid overtime at one and a half times their regular hourly rate for any hours worked over 40 in a workweek.

      Learn more in detail about Wyoming Salaried Employees Laws and Wyoming Overtime Laws.

      Overtime Payment Calculations in Wyoming

      What is my regular rate of pay in Wyoming?

      Your regular rate of pay in Wyoming refers to the rate at which you are compensated for the work you perform. For employees paid by the hour, the regular rate of pay is simply the hourly rate agreed upon with your employer. If you are a salaried employee, your regular rate of pay is calculated by dividing your weekly salary by the number of hours your employer considers a full workweek.

      In Wyoming, the minimum wage is $7.25 per hour, and the minimum overtime rate is $10.88 per hour.

      How do you calculate overtime in Wyoming?

      Calculating overtime pay in Wyoming follows the guidelines set forth by the FLSA. Here’s how overtime is calculated:

      • Determine the regular rate of pay or hourly rate.
      • Calculate the overtime rate by multiplying your regular hourly rate by 1.5. For example, if the employee’s regular hourly rate is $7.25 per hour, then their overtime rate would be $10.88 ($7.25 x 1.5) per hour.
      • Overtime hours are any hours worked over 40 in a workweek. Regular hours worked up to 40 are paid at the regular rate, while hours worked beyond 40 are paid at the overtime rate.
      • Compute the overtime pay by multiplying the number of overtime hours worked by the overtime rate to determine the total overtime pay. For example, if an employee worked 45 hours in a workweek at a regular rate of $7.25 per hour, the calculation would be:

      Overtime pay = Regular rate x 1.5 x Overtime hours = $7.25 x 1.5 x 5 = $54.40

      How is overtime taxed in Wyoming?

      Overtime pay in Wyoming is subject to federal income taxes, Social Security taxes, and Medicare taxes. Wyoming does not have a state income tax, so residents do not pay state income taxes on their earnings.

      Receiving Overtime Payment in Wyoming

      How is overtime paid in Wyoming?

      Overtime pay is calculated at one and one-half times the regular rate of pay for hours worked over 40 in a workweek. Employers must provide an itemized statement with each wage payment, showing all deductions and a breakdown of earnings, including overtime. Payment can be made via check or direct deposit, with employee authorization required for direct deposit.

      When do I receive my overtime paycheck in Wyoming?

      In Wyoming, the time when you receive your overtime paycheck follows the regular payroll schedule established by your employer. Employers in Wyoming must establish a regular payroll schedule, which could be weekly, bi-weekly, semi-monthly, or monthly. However, there are exceptions for certain occupations, such as railroad operations, mining, refinery operation, prospecting, oil and gas production, factory work, mill operation, and workshops, which are paid bi-monthly.

      Violations of Overtime Law in Wyoming

      What if my employer refuses to pay me overtime in Wyoming?

      If your employer refuses to pay you overtime in Wyoming, you can start by discussing the issue with your employer or the HR department. Sometimes, misunderstandings or errors in payroll processing can be resolved. However, if the internal discussions do not resolve the issue, you can file a formal complaint with the US Department of Labor’s Wage and Hour Division or seek legal advice to recover any unpaid overtime wages.

      What is the penalty for failing to pay overtime in Wyoming?

      Under Wyoming Statute § 27-4-504, if an employer fails to pay overtime or any other wages due, the employee can file a claim with the Department of Workforce Services. The department will investigate and, if necessary, conduct a hearing. If the claim is validated and the employer still does not pay, the employer can face legal proceedings and a civil fine of up to $200 per day until they comply with the order to pay the wages owed.

      How can I file a wage claim for overtime in Wyoming?

      When filing a wage claim in Wyoming, you have to collect all relevant information that supports your claim for unpaid overtime wages and check your employer’s policies and any agreements you have signed. Before filing a formal claim, attempt to resolve the issue directly with your employer. Provide them with documentation of the unpaid overtime and request payment. If you cannot resolve the issue with your employer, you can file a wage claim with the Wyoming Department of Workforce Services (DWS).

      Can employers retaliate against employees for making a wage claim in Wyoming?

      No, employers cannot legally retaliate against employees for making a wage claim in Wyoming. Retaliation can include actions such as termination, demotion, reduction in hours, or any other adverse action that affects the terms and conditions of employment. Wyoming Statute § 27-9-105 addresses retaliation, stating that it is unlawful to discharge, discipline, or otherwise discriminate against an employee because they have filed a complaint or participated in an investigation or proceeding related to wage claims.

      Learn more about Wyoming Labor Laws through our detailed guide.

      Important Cautionary Note

      This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.