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Hiring

Advertising
What are the requirements relating to advertising open positions?

Wyoming has no law specifically related to advertising open job positions. Employers must comply with the anti-discrimination provisions of the Wyoming Fair Employment Practices Act (Wyo. Stat. §27-9-105.3). 

Background checks
What can employers do with regard to background checks and inquiries?

(a) Criminal records and arrests

Wyoming law does not restrict an employer’s use of criminal history records for both arrests and convictions.

(b) Medical history

Under Wyoming’s Fair Employment Practices Act, which prohibits discrimination on the basis of disability (among other things), employers cannot take adverse action against an applicant or employee because of genetic information. ‘Genetic information’ is defined as information about an individual’s genetic tests, the genetic tests of his or her family members, or occurrences of disease or disorder among his or her family members (Wyo. Rules, Dept. of Workforce Servs., Labor Standards, Ch. 5, Sec.2(f)).

(c) Drug screening

Wyoming has no state law regulating drug and alcohol testing. However, courts have addressed the reasonableness of employer testing (e.g., Employment Sec. Comm’n v. Western Gas Processors, Ltd., 786 P.2d 866 (Wyo. 1990)).

Employers can receive a discount on workers’ compensation premiums by participating in a drug and alcohol testing program approved by the Wyoming Workers’ Safety and Compensation Division (Wyo. Stat. §27-14-201(o); Wyo. Rules, Dept. of Workforce Servs., Workers’ Compensation Div., Ch. 2, Sec.8).

(d) Credit checks

Wyoming has no law restricting how employers can use credit reports.

(e) Immigration status

There is no Wyoming law regarding immigration or employment eligibility verification.

(f) Social media

No Wyoming law addresses social media in the context of employment.

(g) Other

Under Wyoming’s Fair Employment Practices Act, employers cannot require that employees or prospective employees refrain from using tobacco products off duty, or otherwise discriminate against an employee for use or non-use of tobacco products outside of his or her employment. An exception may apply if there is a bona fide occupational qualification that an individual not use tobacco products outside the workplace (Wyo. Stat. §27-9-105).

Wage and hour

Pay
What are the main sources of wage and hour laws in your state?

Chapter 4 of Title 27 of the Wyoming Labor and Employment Statutes on Wages.

What is the minimum hourly wage?

As of January 1 2016 Wyoming’s minimum wage is $5.15 per hour. This is less than the federal minimum wage, so all employees covered under the federal Fair Labor Standards Act must be paid the higher federal minimum wage of $7.25 per hour. Employees receiving tips of at least $30 per month can be paid a cash wage of $2.13 per hour, if the cash wage and tips total at least the hourly minimum wage. Workers under 20 years of age can be paid a training wage of $4.25 per hour for the first 90 days of employment (Wyo. Stat. §27-4-202).

What are the rules applicable to final pay and deductions from wages?

An employee who is voluntarily or involuntarily terminated from employment must be paid all wages due no later than the employer’s usual practice on regularly scheduled payroll dates (Wyo. Stat. §27-4-104). On a temporary layoff or suspension of work due to a labor dispute, affected employees must be paid all wages due on the next regular payday (Wyo. Stat. §27-4-101(d)).

Generally, deductions from wages are permitted as required by law or court order, or with written authorization by the employee in accordance with the state’s offset rules – for example, for:

  • union dues;
  • contributions to health, welfare, retirement, or other benefit plans;
  • deposits to a financial institution; and
  • the cost of tools, equipment, uniforms and other items (Wyo. Stat. §27-4-101; Wage Offset Rules, Ch. I, Sec. 6(b)).

Deductions are permitted for damages caused by the employee’s negligence or for cash shortages under certain conditions (Wyo. Stat. §27-4-116; Wage Offset Rules, Ch. I, Sec. 6(b)).

All deductions from wages for each pay period must be shown on an itemized statement (Wyo. Stat. §27-4-101).

Hours and overtime
What are the requirements for meal and rest breaks?

Wyoming law does not require that employers provide meal or rest breaks. If employers choose to provide meal or rest periods, they should determine whether such periods must be paid under the federal Fair Labor Standards Act.

What are the maximum hour rules?

Employers in Wyoming generally can require employees to work any length of working day and can discipline or terminate employees who do not perform duties or hours as assigned. An exception exists for state and county employees and mining employees (Wyo. Stat. §27-5-101, 102).

Minors under 16 years of age may be limited on the number of hours they work, depending on whether the work is performed on school days (Wyo. Stat. §27-6-110-114).

For overtime purposes, Wyoming does not require overtime for employees of private employers. 

How should overtime be calculated?

Wyoming has no state law governing overtime for employees of private employers. Any overtime obligations and exemptions would flow from federal law under the Fair Labor Standards Act.

What exemptions are there from overtime?

Wyoming has no state law governing overtime for employees of private employers. Any overtime obligations and exemptions would flow from federal law under the Fair Labor Standards Act.

Record keeping
What payroll and payment records must be maintained?

Wyoming law requires that the following records be kept by employers for a two-year period for each employee:

  • employee’s name, address, and occupation;
  • amount paid each pay period;
  • rate of pay; and
  • hours worked each day and each working week (Wyo. Stat. §27-3-502; 27-4-203).

Wyoming employers must maintain unemployment compensation records for four years (Wyo. Dept. of Workforce Servs., Unemployment Ins. div., Records and Reports, Ch. 11, Sec. 1).

Federal payroll record keeping requirements exist under the Fair Labor Standards Act.