Wyoming employment rules for employers

Wyoming state minimum wage is $5.15 per hour; employers subject to the federal FLSA must pay the federal minimum wage of $7.25 per hour. (Wyoming minimum wage law (U.S. DOL WHD state minimum wage table))

“Wyoming Basic Minimum Rate (per hour): $5.15 Employers subject to the Fair Labor Standards Act must pay the current Federal minimum wage of $7.25 per hour.”

“Wyoming’s state minimum wage is $5.15 per hour (though keep in mind that federal law often requires a higher rate for most businesses).”

dol.gov · dws.wyo.gov

No state meal break requirement for adult employees in private employment. (U.S. DOL WHD table of state meal period requirements (Wyoming not listed))

“Table of Meal Period Requirements Under State Law For Adult Employees in Private Sector”

“Q: Am I required to provide meal or rest breaks? A: No, Wyoming law does not require breaks.”

dol.gov · dws.wyo.gov

No state rest break requirement for adult employees in private employment. (U.S. DOL WHD table of state paid rest period requirements (footnote 1; Wyoming not listed))

“1 States not listed do not require paid rest periods.”

“Q: Am I required to provide meal or rest breaks? A: No, Wyoming law does not require breaks.”

dol.gov · dws.wyo.gov

Whether the employee quits or is discharged, wages due must be paid no later than the employer's next regularly scheduled payday (or a time set by a collective bargaining agreement). (Wyo. Stat. § 27-4-104(a))

“Whenever an employee quits service or is discharged, the employee shall be paid whatever wages are due him in lawful money of the United States of America, or by check or draft which can be cashed at a bank, no later than the employer's usual practice on regularly scheduled payroll dates or at a time specified under the terms of a collective bargaining agreement between the employer and the employee.”

“Final Paychecks: If you leave a job, your employer must give you your final paycheck by the next regularly scheduled payday.”

wyoleg.gov · dws.wyo.gov

Whether the employee quits or is discharged, wages due must be paid no later than the employer's next regularly scheduled payday (or a time set by a collective bargaining agreement). (Wyo. Stat. § 27-4-104(a))

“Whenever an employee quits service or is discharged, the employee shall be paid whatever wages are due him in lawful money of the United States of America, or by check or draft which can be cashed at a bank, no later than the employer's usual practice on regularly scheduled payroll dates or at a time specified under the terms of a collective bargaining agreement between the employer and the employee.”

“Final Paychecks: If you leave a job, your employer must give you your final paycheck by the next regularly scheduled payday.”

wyoleg.gov · dws.wyo.gov

In Wyoming, wages include fringe benefits, and accrued vacation is paid at termination unless the employer's written policy provides that accrued vacation is forfeited at termination and the employee acknowledged that policy in writing. An employer can deny vacation payout only on that basis. (Wyo. Stat. § 27-4-501(a)(iii))

“(iii) "Wages" means compensation, including fringe benefits, for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission, or other basis, but does not include the value of vacation leave accrued at the date of termination 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;”

“Vacation: You can deny payout only if your written policy clearly states it and the employee acknowledged it.”

wyoleg.gov · dws.wyo.gov

Wyoming recognizes a limited public policy exception to at-will employment (McLean v. Hyland Enterprises): the employee must identify a strong and well-established public policy and show that no other remedy is available. (McBride v. Peak Wellness Center, Inc., No. 11-8037 (10th Cir. Aug. 6, 2012), quoting McLean v. Hyland Enters., Inc., 34 P.3d 1262, 1268 (Wyo. 2001))

“Wyoming recognizes a “limited exception to the at-will employment doctrine” for a termination that violates public policy.”

“Only six western States—Alaska, California, Idaho, Nevada, Utah, and Wyoming—recognize all three of the major exceptions.”

govinfo.gov · bls.gov

Wyoming presumes employment is at will, but employers and employees can depart from that presumption through an express or implied contract, which may include an employee handbook; a handbook disclaimer can preserve at-will status. (McBride v. Peak Wellness Center, Inc., No. 11-8037 (10th Cir. Aug. 6, 2012), citing Boone v. Frontier Ref., Inc., 987 P.2d 681, 685 (Wyo. 1999))

“Employees and employers may depart from the presumption by entering an express or implied contract, which may include an employee handbook.”

“Only six western States—Alaska, California, Idaho, Nevada, Utah, and Wyoming—recognize all three of the major exceptions.”

govinfo.gov · bls.gov

Every Wyoming employment contract contains an implied covenant of good faith and fair dealing (Wilder v. Cody Country Chamber of Commerce), but a breach is actionable in tort only where a special relationship of trust and reliance exists between employer and employee, which arises only in rare and exceptional cases. (McBride v. Peak Wellness Center, Inc., No. 11-8037 (10th Cir. Aug. 6, 2012), citing Wilder v. Cody Country Chamber of Commerce, 868 P.2d 211, 220 (Wyo. 1994) and Dubrowski v. State ex rel. Wyo. Liquor Comm'n, 1 P.3d 631, 633 (Wyo. 2000))

“But breaches of this covenant are not actionable in tort unless “a special relationship of trust and reliance exists between the employer and the employee.””

“Only six western States—Alaska, California, Idaho, Nevada, Utah, and Wyoming—recognize all three of the major exceptions.”

govinfo.gov · bls.gov