Q: Can I create a commission policy that limits payment after an employee leaves?
A: Yes. However, any commissions already earned under the wage agreement must still be paid.
Statute: W.S. 27-4-507
Q: Can an employer adopt a cation policy that provides:
- Unused vacation days are lost at the end of the year (not carried over or paid out)?
- Vacation is earned only on the employee’s anniversary date, with no partial accrual or payout if employment ends before that date?
- New employees do not earn any vacation time until their first anniversary?
A: Yes, with conditions:
- Unused vacation can be forfeited if employees had a fair chance to use it.
- You can require employees to reach an anniversary date before earning vacation.
- New employees can be required to wait until their first anniversary to earn vacation.
Statutes: W.S. 27-4-507; Attorney General Opinion No. 53
Q: Am I required to provide meal or rest breaks?
A: No, Wyoming law does not require breaks.
Q: What happens to final wages if an employee passes away?
A: Wages must be paid to the employee’s heirs or next of kin on the regular payday.
Q: What are the penalties for not paying wages properly?
A:
- Minimum wage: No direct penalties apply. However, the employee may file a civil lawsuit to recover unpaid wages, along with reasonable attorney fees and court costs.
Statute: W.S. 27-4-204(a) - Overtime: No state penalty.
- Late payment: This is a misdemeanor. The employer may be fined $200 per day for failing to comply with an order to pay wages if the order was not appealed.
Statute: W.S. 27-4-504
Q: Do I have to pay overtime to salaried or commission-based employees?
A: No, Wyoming law does not require overtime pay for these employees.
Q: Do I have to pay overtime on public works projects?
A: Yes. Under Wyoming law, workers on public works projects must be paid time-and-a-half for:
- Hours worked over 8 hours/day, or
- Hours worked over 40 hours/week.
However, an employee may agree to work more than 8 hours in a day without daily overtime, as long as they are paid time-and-a-half for all hours worked over 40 in a week. Statute: W.S. 16-6-110
Q: Can I choose not to pay out unused leave when employment ends?
A:
- Sick and personal leave: Yes, you can choose not to pay it out.
- Vacation: You can deny payout only if your written policy clearly states it and the employee acknowledged it.
- You can require notice (e.g., 10 days) to receive payouts.
Statutes: W.S. 27-4-507; W.S. 27-4-501(a)(iii); Attorney General Opinion No. 53
Q: When do I have to provide a final paycheck?
A: By the next regular payday.
Statute: W.S. 27-4-104(a)
Q: Can I require applicants to pay for background checks or drug tests?
A: Yes.
Q: Can I deduct money from an employee’s wages?
A: Yes, in certain situations, including:
- Cash shortages
- Repayment of loans or advances
- Damaged or lost equipment
All deductions must follow wage offset rules.
Statute: W.S. 27-4-104(a)
Q: Do I have to give advance notice before changing pay or workweek?
A: No advance notice is required, but changes cannot be retroactive.
Statutes: W.S. 27-4-507; W.S. 27-4-102
Q: When do I have to pay employees after a pay period ends?
A: Most employers are not required to follow a specific schedule. Certain industries must pay semi-monthly.
Statute: W.S. 27-4-101
Q: Do I have to offer direct deposit? Can I require it?
A:
- You cannot require direct deposit.
- You can offer it if the employee agrees.
Statute: W.S. 27-4-101(b)
Q: What if payday falls on a weekend or holiday?
A: For employers required to pay semi-monthly, pay on the previous working day.
Statute: W.S. 27-4-101(a)
Q: How often do I have to pay employees?
A:
- Most employers: No set requirement.
- Certain industries: Must pay semi-monthly.
Statute: W.S. 27-4-101
Q: Do pay rules differ based on employee type (salary, hourly, wage level)?
A: No.
Statute: W.S. 27-4-101
Q: What is Wyoming’s minimum wage?
A: $5.15 per hour. It does not vary by employee type or schedule.
Q: Is there a minimum amount for wage garnishments?
A: No minimum is set, but a maximum applies.
Statute: W.S. 40-14-505