At a glance: hiring and wage & hour law in the USA (Wyoming)

Hiring

What are the requirements relating to advertising open positions?

Wyoming has no law 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).

(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, employers cannot take adverse action against an applicant or employee because of genetic information. "Genetic information" is information about an individual’s genetic tests, the genetic tests of their family members, or occurrences of disease or disorder among their 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 in deciding whether an employee should be disqualified from unemployment benefits after termination for refusing to take a drug test (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

Wyoming has no 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 discriminate against employees for use or non-use of tobacco products outside of their 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

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?

In 2022, Wyoming’s minimum wage is $7.25 per hour. This is the same as the federal minimum wage. 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 voluntarily or involuntarily terminated from employment must be paid all wages due no later than the employer’s regularly scheduled payroll date (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)).

In general, 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).

Accrued vacation or paid time off need not be paid out on termination if the employer’s written policies provide that accrued vacation is forfeited upon termination, and the written policies are acknowledged in writing by the employee. (Wyo. Stat. § 27-4-501(a)(iii).

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 Fair Labor Standards Act.

What are the maximum hour rules?

Employers in Wyoming generally can require employees to work any length of a 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). Also, employees on state and local public works projects cannot be required to work more than eight hours per day, but can agree to do so (Wyo. Stat. § 16-6-110(a)).

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).

Wyoming has no state law governing overtime for employees of private employers, except for employees on state and local public works projects (Wyo. Stat. § 16-6-110(a)). Any overtime obligations and exemptions would flow from the Fair Labor Standards Act.

How should overtime be calculated?

Wyoming law does not address this topic for private sector employees, except for those employed on state and local public works projects, who must be paid time-and-a-half overtime for all hours worked over 40 in a week (Wyo. Stat. § 16-6-110(a)).

What exemptions are there from overtime?

Any overtime exemptions flow from the Fair Labor Standards Act.

What payroll and payment records must be maintained?

The following records must be kept by employers for two-years 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)