Frequently Asked Questions

  1. Can an employer adopt a commission policy which provides that: (a.) Employees are not eligible to receive commissions for sales which are made following an employee's termination? (b.) Employees are not eligible to receive commissions for customer payments received following an employee's termination? (c.) Employees are not entitled to receive any commission accrued after termination?
  2. Can an employer adopt a vacation policy which provides that: (a.) Unused days at the end of the year are lost (rather than being carried over or paid? (b.) Vacation days are earned only upon reaching the employee's anniversary date, and as such, no pro rata use or payment will be made if employment ceases before the employee reaches his anniversary date? (c.) New employees do not earn any vacation time until reaching the first anniversary date?
  3. Is an employer required to provide meal and rest breaks?
  4. If an employee were to die, what rules apply with respect to the final payment of employment wages to that worker's heirs or next of kin?
  5. What changes have there been for females concerning overtime pay?
  6. Is an employer required to pay overtime premium pay to employees who are employed on a public works project?
  7. Is an employer required to pay overtime premium pay to employees who are: (a.) salaried supervisors? (b.) salaried professionals? (c.) salaried administrative employees (d.) paid to work in the retail store on a commission basis? (e.) outside sales representatives?
  8. Is it permissible for an employer to adopt personnel policies which provide that no payment will be made upon cessation of employment (whether by retirement, resignation or discharge) for unused sick days, personal days and vacation days? If so, can such a policy provide that no such payment will be made if an employee resigns without giving at least 10 days' written notice or before his or her anniversary date?
  9. When must the final paycheck be provided to any employee who resigns, retires or is discharged?
  10. If substance abuse testing or a criminal records check is required by the employer as a condition of employment, can the applicant be required to pay the cost of taking that test?
  11. Can an employer make deductions from an employee's wages?
  12. If an employer wishes to change its workweek or an employee's rate or manner of pay, how much advance notice is required?
  13. How long after a work week or bi-weekly pay period ends must employees be paid (e.g., if a work week ends at midnight on Sunday, by what date must the check be distributed)?
  14. Can employees be required to accept direct deposit of their paychecks?
  15. If a payday falls on a weekend or holiday, when must paychecks be distributed?
  16. How frequently must employees be paid?
  17. What is the state's minimum wage?
  18. What is the state's minimum payment with respect to an employee garnishment?
  19. How do I file a wage dispute against my employer?

1. Can an employer adopt a commission policy which provides that: (a.) Employees are not eligible to receive commissions for sales which are made following an employee's termination? (b.) Employees are not eligible to receive commissions for customer payments received following an employee's termination? (c.) Employees are not entitled to receive any commission accrued after termination?

  1. Yes.
  2. Yes.
  3. Yes. However, if commissions are earned per the wage agreement, all such commissions must be paid. Applicable Statute W.S. 27-4-507

2. Can an employer adopt a vacation policy which provides that: (a.) Unused days at the end of the year are lost (rather than being carried over or paid? (b.) Vacation days are earned only upon reaching the employee's anniversary date, and as such, no pro rata use or payment will be made if employment ceases before the employee reaches his anniversary date? (c.) New employees do not earn any vacation time until reaching the first anniversary date?

  1. Yes, only if the employer has provided the employee full opportunity to use earned vacation days or has not refused a request to use it.
  2. Yes.
  3. Yes. Applicable Statute W.S. 27-4-507, and Attorneys General Opinion Number 53.

3. Is an employer required to provide meal and rest breaks?

Not under state statute.

4. If an employee were to die, what rules apply with respect to the final payment of employment wages to that worker's heirs or next of kin?

The deceased employee's heirs or next of kin shall be paid no later than the employer's usual practice on regularly scheduled payroll dates. What penalties apply if an employer does not properly pay:

  1. minimum wage? No penalties apply, however, the aggrieved employee may bring civil action for enforcement and recovery of unpaid wages together with reasonable attorney fees and cost of the action. Applicable Statute W.S. 27-4-204(a)
  2. overtime? None
  3. wages in a timely manner? It is a misdeamor and punishable by a fine of $200.00 for each day the employer fails to comply with an order to pay wages lawfully due when the order is not appealed. Applicable Statute W.S. 27-4-504
  4. If salaried supervisors, professionals, or administrative staff can be classified as exempt from eligibility for overtime pay, is that exemption lost? There is no state overtime pay requirement that provides these kinds of exemptions

5. What changes have there been for females concerning overtime pay?

Effective March 12, 1996, state law was amended to repeal overtime provisions for females working in certain industries. Applicable Statutes:

  • W.S. 27-6-101
  • W.S. 27-6-102
  • W.S. 27-6-103
  • W.S. 27-6-104
  • W.S. 27-6-105
  • W.S. 27-6-106
  • W.S. 27-6-107
  • W.S. 27-6-108
  • W.S. 27-6-109
  • W.S. 27-6-110
  • W.S. 27-6-111
  • W.S. 27-6-112
  • W.S. 27-6-113
  • W.S. 27-6-114
  • W.S. 27-6-115, and
  • Enrolled Act No. 4 which repeals these laws.

6. Is an employer required to pay overtime premium pay to employees who are employed on a public works project?

State law provides time and one-half overtime pay for all laborers, workmen, or mechanics employed upon any public works project of the state of Wyoming, or of any county, city, town, or of any political subdivision thereof for work in excess of eight hours in a day, or 40 hours in one week; however, an employee may agree to work more than 8 hours in a day or more than 40 hours in any week, provided the employee shall be paid at the rate of one and one-half times the regularly established hourly rate from all work in excess of forty hours in any one week. Applicable Statute W.S. 16-6-110.

7. Is an employer required to pay overtime premium pay to employees who are: (a.) salaried supervisors? (b.) salaried professionals? (c.) salaried administrative employees (d.) paid to work in the retail store on a commission basis? (e.) outside sales representatives?

  1. salaried supervisors (e.g., assistant store managers)? There is no such requirement under state statute
  2. salaried professionals (e.g., pharmacists)? There is no such requirement under state statute
  3. salaried administrative employees (e.g., executive secretaries)? There is no such requirement under state statute
  4. paid to work in the retail store on a commission basis? There is no such requirement under state statute
  5. outside sales representatives? There is no such requirement under state statute

8. Is it permissible for an employer to adopt personnel policies which provide that no payment will be made upon cessation of employment (whether by retirement, resignation or discharge) for unused sick days, personal days and vacation days? If so, can such a policy provide that no such payment will be made if an employee resigns without giving at least 10 days' written notice or before his or her anniversary date?

With regard to unused sick days and personal days, an employer may provide that these will not be paid upon cessation of employment. An employer may also provide that no such payment will be made if an employee resigns without giving at least ten (10) days' written notice or before his or her anniversary date. With regard to unused vacation days, an employer may provide that this will not be paid upon cessation of employment if the written policies of the employer provide that accrued vacation is forfeited upon termination of employment and the written policies are acknowledged in writing by the employee. Applicable Statutes W.S. 27-4-507, W.S. 27-4-501(a)(iii) and Attorneys General Opinion Number 53.

9. When must the final paycheck be provided to any employee who resigns, retires or is discharged?

Payment must be made no later than the employer's usual practice on regularly scheduled payroll dates. Applicable Statute W.S. 27-4-104(a), as amended.

10. If substance abuse testing or a criminal records check is required by the employer as a condition of employment, can the applicant be required to pay the cost of taking that test?

Yes.

11. Can an employer make deductions from an employee's wages?

  1. Cash Register Shortages? Yes, provided the promulgated rules are followed
  2. an employee's failure to repay advances of vacation, sick, or personal days? Yes, however, there is no specific offset rule addressing this
  3. an employee's obligation to repay a loan made by the employer? Yes, provided the promulgated rules are followed
  4. repay the employer because of the employee's destruction or loss of equipment or property of the employer? Yes, provided the promulgated rules are followed
  5. any other reason? Yes. Applicable Statute W.S. 27-4-104(a), as amended, and the Wage Offset Rules

12. If an employer wishes to change its workweek or an employee's rate or manner of pay, how much advance notice is required?

All employers are required to pay the agreed upon wage or benefit. No advance notice of a change in wage agreement is required, but such changed may not be retroactive. The form of communicating a change in rate or manner of pay is not mandated by law, however, an employer and empoyee may agree to a wage payment arrangement that is other than semimonthly. Applicable Statutes W.S. 27-4-507and W.S. 27-4-102.

13. How long after a work week or bi-weekly pay period ends must employees be paid (e.g., if a work week ends at midnight on Sunday, by what date must the check be distributed)?

There is no requirement that some employers make timely payment of regular paychecks. For persons, firms or corporations engaged in the operation of any railroad, mine, refinery and work incidental to prospecting for, or the production of, oil and gas, or other factory, mill or workshop, within the state of Wyoming, payment is required on or before the first day of each month, when the wages are earned during the first half of the preceding month ending with the fifteenth day thereof; and on or before the fifteenth day of each month when the wages are earned during the last half of the preceding month. Applicable Statute W.S. 27-4-101.

14. Can employees be required to accept direct deposit of their paychecks?

No. However, there is nothing prohibiting an employer of depositing wages due in an account in any financial institution authorized by the United States or any state if the employee has voluntarily authorized such request. Applicable Statute W.S. 27-4-101(b).

15. If a payday falls on a weekend or holiday, when must paychecks be distributed?

There is no requirement for timely payment of wages if a payday falls on a weekend or holiday. For employers who fall under the requirement to make wage payments semimonthly, if the first or the fifteenth of the month occurs on a day which is not a working day, the last preceding working day shall be the payday for all personnel who are paid at one location. Applicable Statute W.S. 27-4-101(a).

16. How frequently must employees be paid?

For most employers, there is no timely payment requirement of regular wage payments. For persons, firms or corporations engaged in the operation of any railroad, mine, refinery and work incidental to prospecting for, or the production of, oil and gas, or other factory, mill, or workshop, within the state of Wyoming, shall, on or before the first day of each month, pay the employees the wages earned by them during the first half of the preceding month ending with the fifteenth day thereof, and on or before the fifteenth day of each month pay the employees thereof the wages earned by them during the last half of the preceding month.

  1. Is it different for exempt or non-exempt workers? The law provides that employers who fall under the requirement to make wage payments semimonthly may make payment at a later date to employees who are absent on the regular semimonthly pay date. Employers not engaged in operations described in response to question #2 are not required to make regular wage payments to employees. Agricultural operations are specifically exempt. Also, employers who fall under the requirement to make wage payments semimonthly are required to pay employees who are suspended as a result of a labor dispute, or when an employee is temporarily laid off, on the next regular payday
  2. Is it different for employees paid above or below a certain wage level? No.
  3. Is it different for hourly or salary paid staff? No. Applicable Statute W.S. 27-4-101.

17. What is the state's minimum wage?

$5.15 per hour. It is NOT different for part-time or full-time employees. It is NOT different for weekend or holiday work.

18. What is the state's minimum payment with respect to an employee garnishment?

There is no minimum payment set by state law. The maximum payment is defined under W.S. 40-14-505.

19. How do I file a wage dispute against my employer?

File an online Claim for Wages. The application will assist you with filing a claim for wages against your employer. If you lose your connection, or need to complete your application some other time, you will be assigned a pin number that will allow you to do this. Once your claim has been submitted, you will not be able to edit your information without contacting the Labor Standards office directly at (307) 777-7261.