The Wyoming employment law guide
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Wages and breaks
The current minimum wage in Wyoming is $5.15, but most employers must comply with the federal minimum wage of $7.25. Employers who pay the minimum wage rate must pay the higher rate between the state and federal.
The minimum wage for tipped employees who receive more than $30 a month in tips is $2.13. Employees may be paid this if the cash wage and tips total at least the minimum wage.
Employers are not allowed to require employees to participate in a tip pooling or sharing arrangement.
Wyoming does not have any rules regarding overtime, but federal law requires employers to pay non-exempt employees an overtime rate of 1 ½ their regular rate for all hours worked in a workweek in excess of 40.
The federal overtime rule stipulates that the minimum salary requirement for administrative, professional, and executive exemptions is $684 per week, or $35,568 per year.
Wyoming law does not require that employers provide any breaks to their employees.
Federal law does not require employers to provide meal periods or breaks, but if they choose to do so, breaks lasting less than 20 minutes must be paid.
Wyoming law does not require that employers provide any breaks to their employees.
Federal law does not require employers to provide meal periods or breaks, but if they choose to do so, breaks lasting less than 20 minutes must be paid.
Final paychecks in Wyoming
Employees who separate from employment for any reason (including terminations, resignations and layoffs) must be paid all final wages by the next regularly scheduled payday.
Wyoming child labor laws
Minors 14 and 15 years of age
Minors 14 and 15 years of age are subject to the following restrictions:
When school is in session, they may work a maximum of 3 hours a day on school days, a maximum of 8 hours a day on non-school days, a maximum of 18 hours a week during school weeks. They may only work between the hours of 7 a.m. and 7 p.m. and may not work during school hours.
When school is not in session: They may work a maximum of 8 hours a day, no more than 40 hours a week. They may work between the hours of 7 a.m. and 9 p.m. from June 1 to Labor Day.
Minors 16 and 17 years of age
Minors 16 and 17 years of age are allowed to work the same hours as adults.
Industry and position restrictions
Minors may not be employed in any of the following types of industries or positions:
- Working in or about plants or establishments manufacturing or storing explosives
- Driving a motor vehicle or riding along the outside of a vehicle, with limited exceptions
- Coal or other mining
- Logging and sawmill operations, forest fire fighting and forest fire prevention operations, and timber tract and forestry service occupations
- Work involving exposure to radioactive substances and to ionizing radiations
- Wrecking, demolition, and ship-breaking operations
- Slaughtering or meat packing, processing, or rendering
- Manufacturing brick, tile, or similar products
- Operating most heavy machinery and power tools
- Roofing operations and work on or about a roof
- Excavating operations
Leave Requirements
Wyoming Sick Days
Employers are not required to provide paid or unpaid sick leave but must comply with their own established policies if they choose to implement one
Wyoming Family and medical leave
Employers may be required to provide an employee unpaid leave in accordance with the Family and Medical Leave Act or other federal laws.
Wyoming Bereavement leave
Employers are not required to provide bereavement leave.
Wyoming Vacation time
Employers are not required to provide paid or unpaid vacation leave but must comply with their own established policies if they choose to implement one.
Employers may establish a policy that denies payment for accrued vacation time upon separation from employment.
Employers may require employees to be employed on a specific date before they receive their vacation leave allotment.
Employers can implement a “use-it-or-lose-it” policy that requires employees to use their leave by a certain date, as long as a reasonable amount of time is given.
Wyoming Holiday leave
Private employers are not required to provide paid or unpaid time off for holidays.
Wyoming Jury Duty Leave
Employers are not required to pay employees for time spent responding to a jury summons but are not allowed to punish the employee in any way.
Wyoming Voting time
Employers are required to provide 1 hour of paid leave to vote if employees do not have at least 3 consecutive off-duty hours in which to vote.
Wyoming Witness Leave
Employers cannot take any adverse action against an employee for responding to a subpoena in a criminal case.
Wyoming Military Leave
Employers must allow their employees to take military leave. The employee must be allowed to use other paid leave they have available for the military leave.
After their service, the employee is entitled to return to their job with the same sick leave, vacation, and annual leave that they would have accrued if they had not taken the leave under the federal Uniformed Services Employment and Reemployment Rights Act. For one year, the employer may not discharge the employee without cause.
Hiring and firing
Wyoming Discrimination laws
Federal law makes it illegal for an employer to discriminate on the basis of: Race, Color, Age, Sex, Sexual orientation, Gender, Gender identity, Religion, National origin, Pregnancy, Genetic information, including family medical history, Physical or mental disability, Child or spousal support withholding, Military or veteran status, Citizenship and/or immigration status.
The Wyoming Fair Employment Practices Act makes it illegal for an employer to discriminate against a qualified disabled person or any person otherwise qualified, because of: Race; Color; Age; Sex; Sexual orientation; Gender; Gender identity; Religion; National origin; Pregnancy; Genetic information, including family medical history; Physical or mental disability; Child or spousal support withholding; Military or veteran status; Citizenship and/or immigration status.
Click here to read our blog on what acceptable and unacceptable questions to ask during an interview.
Wyoming Termination laws
Wyoming is an employment-at-will state, which means that without a written employee contract, employees can be terminated for any reason at any time, provided that the reason is not discriminatory and that the employer is not retaliating against the employee for a rightful action.
Wyoming Record-Keeping laws
Regarding employment and payroll data, under the Fair Labor Standards Act (FLSA) and others, you must:
For at least 3 years: keep payroll records, certificates, agreements, notices, collective bargaining agreements, employment contracts, and sales and purchase records. Also keep completed copies of each employee’s I-9 for three years after they are hired. If the employee works longer than three years, hold on to the form for at least one year after the employee leaves.
For at least 2 years: Keep basic employment and earning records like timecards, wage-rate tables, shipping and billing records, and records of additions to or deductions from wages. Also keep the records that show why you may pay different wages to employees of different sexes, such as wage rates, job evaluations, seniority and merit systems, and collective bargaining agreements.
For at least 1 year: The Equal Employment Opportunity Commission says employers should keep all employment records for at least one year from the employee’s date of termination.
Other record-keeping laws that may apply to you:
Under the Occupational Safety and Health Act, you need to keep records of job-related injuries and illnesses for five years. But some records, like those covering toxic substance exposure, have to be kept for 30 years.
You must keep files of benefit plans and seniority and merit systems while they are in effect and for at least a year after they end. You must also retain summary descriptions and annual reports of benefits plans for six years.
If your company is covered by the Family and Medical Leave Act, you must also retain relevant records of leaves, notices, policies, and more for three years.
Additional laws that may apply to you.
Wyoming Drug and Alcohol Testing laws
Wyoming does not regulate employers’ drug and alcohol testing. However, employers can receive a discount on their workers’ compensation premiums if they follow certain requirements, which are accessible here.
Wyoming Pay Practices
While most employers may choose the frequency and timing of paying their employees, employers in the following industries must pay their employees at least semimonthly: Railroad; Mining; Oil and gas exploration or production; Factories; Mills; Workshops.
Wyoming Background check laws
Employers who run background checks should ensure they’re following the requirements of the Fair Credit Reporting Act.
Employers are required to conduct background checks on the following types of applicants: Personnel who work for a substitute care provider certified by the Department of Family Services; Personnel who have contracted with either the Department of Health or the Department of Family Services and provide specialized home care or respite care to minors.
Wyoming Credit and Investigative Check laws
Wyoming does not expressly allow or prohibit employers from obtaining credit reports on applicants or employees.
Wyoming Arrest and Conviction Check laws
Wyoming does not expressly allow or prohibit criminal history checks for employment purposes. Applicants may respond in the negative to inquiries about arrests or convictions if the applicable records have been expunged.
Wyoming Whistleblower Protection
Employers in Wyoming may not discharge or discriminate against an employee for doing any of the following:
Reporting a workplace safety violation
Participating in an investigation regarding workplace safety
Reporting a violation of the equal pay law
Healthcare facility employers may not discharge or discriminate against an employee for reporting a violation of the law.
Wyoming COBRA
COBRA is a federal law that allows many employees to continue their health insurance benefits after their employment ends. Because federal COBRA only applies to employers that have 20 or more employees, many states have adopted their own versions of the law, which are known as “mini-COBRAs.” Wyoming’s mini-COBRA allows employees to continue their coverage for up to 12 months. Each individual certification of coverage must contain a notice of the right to continue coverage.
Compliance Calendar
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Remember
This summary is not qualified legal advice. Laws are always subject to change, and they can vary from municipality to municipality. It’s up to you to make sure you’re compliant with all laws and statutes in your area. If you need more compliance help, we recommend consulting with a qualified lawyer, checking with your local government agencies, or signing up for Homebase to get help from our certified HR Pros.
Additional resources
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