Wyoming’s minimum wage laws are governed by both state and federal standards. These regulations establish the baseline for employee compensation and outline the obligations of employers.
Wyoming’s Standard Minimum Wage Rate
Wyoming law sets a state minimum wage of $5.15 per hour, as detailed in Wyoming Statute § 27-4-202.1Justia. Wyoming Statutes § 27-4-202 – Minimum Wage Rates However, the federal Fair Labor Standards Act (FLSA) requires a national minimum wage of $7.25 per hour. If an employer is subject to both laws, they must pay the rate that is more beneficial to the employee.
Because the FLSA applies to most employers in Wyoming, the majority of employees are entitled to the higher federal rate of $7.25 per hour. The state rate of $5.15 per hour applies only to the small number of employers not covered by the FLSA.
Employees Covered Under Wyoming Wage Law
Wyoming’s wage laws broadly define an “employer” as any person or group acting in an employer’s interest, and an “employee” as any individual they employ. According to Wyoming Statute § 27-4-201, to “employ” means “to suffer or to permit to work.”2Justia. Wyoming Statutes § 27-4-201 – Definitions This ensures that most individuals performing labor for a business are considered employees under state wage laws.
Special Minimum Wage Considerations and Exemptions
Wyoming law has special provisions that can alter standard minimum wage requirements. For tipped employees, employers can pay a cash wage of $2.13 per hour, but only if tips combined with the cash wage equal at least the full minimum wage of $7.25 per hour. A “tipped employee” is someone who regularly receives more than $30.00 per month in tips.
The state also allows a training wage for employees under 20, who may be paid $4.25 per hour for the first 90 consecutive days of employment. This provision is intended as a training wage and cannot be used to displace other workers.
Several types of employment are exempt from Wyoming’s minimum wage laws, including:
- Individuals employed in agriculture or domestic service in a private home.
- Those working in a bona fide executive, administrative, or professional capacity.
- Outside salespersons compensated solely by commission.
- Government employees.
Overtime Compensation Rules in Wyoming
Wyoming’s overtime rules defer to the federal Fair Labor Standards Act (FLSA), which requires overtime for most employees for any hours worked beyond 40 in a workweek. The overtime rate is one and one-half times the employee’s regular rate of pay.
While this federal standard applies to most private-sector work, state law has a specific rule for public works projects. Wyoming Statute § 16-6-110 requires overtime for laborers and mechanics on state-funded projects for hours exceeding eight per day or 40 per week.3Justia. Wyoming Statutes § 16-6-110 – Limitation on Work Hours; Overtime; Exceptions
The same exemptions for minimum wage also apply to overtime, meaning salaried executive, administrative, and professional employees are not entitled to overtime pay.
How to Address Unpaid Minimum Wages
An employee paid less than the required minimum wage can file a formal wage complaint with the Wyoming Department of Workforce Services, Labor Standards office. When filing, it is helpful to provide documentation like pay stubs and personal records of hours worked. The department will investigate the claim, and a wage claim must be filed within two years of the date the wages were due.
An employee can also file a claim with the U.S. Department of Labor’s Wage and Hour Division, which enforces the federal FLSA. Another option is to bring a private civil action in court to recover unpaid wages. A successful lawsuit may also result in the court awarding interest on the owed wages, attorney’s fees, and court costs.4Justia. Wyoming Statutes § 27-4-204 – Liability for Unpaid Minimum Wage; Suit for Collection