Salaried workers constitute a distinct category within the labor force, receiving consistent predetermined remuneration at regular intervals, often weekly or less frequently.
This article examines the regulatory framework in Wyoming that outlines the responsibilities and rights of salaried employees and their employers. It encompasses aspects such as payment protocols, provisions for breaks and leave, and the differentiation between exempt and non-exempt employee classifications.
This article covers:
- Payment of Wages for Salaried Employees in Wyoming
- Salaried Employees Eligibility for Overtime for Wyoming
- Pay for Working Overtime for Wyoming Salaried Employees
- Exceptions to Overtime Exemptions for Wyoming Salaried Employees
- Violation of Salaried Employees Wages Payment in Wyoming
- Male and Female Salaried Employees in Wyoming
- Leave Entitlements for Salaried Employees in Wyoming
- Break Entitlements for Salaried Employees in Wyoming
- Deductions from Exempt Employees’ Salary in Wyoming
- Termination of Employment for Salaried Employees in Wyoming
In Wyoming, the majority of employers are not bound by a standard payment timetable, although specific sectors have exemptions.
Industries including railroad operation, mining, refinery operation, prospecting, oil and gas production, factory work, mill operation, and workshop work are subject to this distinction. For employers within these sectors, a bi-monthly payment schedule is compulsory. This implies that earnings accrued in the initial half of the month must be remunerated by the subsequent month’s first day, while earnings from the latter half of the month must be disbursed by the fifteenth day of the subsequent month.
Frequently, employers may need to establish payment cycles and obtain approvals from their employees, ensuring that these procedures are followed accordingly.
While Wyoming lacks a specific regulation for overtime pay, the majority of employees would fall under the jurisdiction of the federal Fair Labor Standards Act (FLSA).
Being on a salary does not automatically indicate exemption from overtime pay, a position can be exempt from federal overtime regulations if both the job responsibilities and salary meet the criteria established by the U.S. Department of Labor.
For instance, exempt professional roles typically encompass professions such as lawyers, architects, and registered nurses, where advanced education or training is essential. However, this exemption does not extend to skilled trades, mechanical arts, or occupations that don’t necessitate a college or postgraduate degree.
Under federal law, it is mandated that, for eligible employees, any work exceeding 40 hours per week must be compensated at a rate of one and a half times (1.5x) the employee’s regular pay.
Accurately tracking working hours can be crucial in determining the overtime rate for salaried employees. To calculate Wyoming overtime rate for salaried employees, the employee’s regular rate has to be calculated. The regular rate is determined by dividing the salary by the intended number of hours it covers.
- If regular hours are less than 40: For hours up to 40, the regular rate is added for each hour. For hours beyond 40, time and a half is paid.
- If regular hours are 40: Hours exceeding 40 are compensated at a rate of time and a half.
While these calculations might appear complex, modern employers have the option to simplify and streamline them using tools such as a timesheet app, time and attendance tracking, or even overtime compliance software.
Under Wyoming state regulations, specific vocations are exempt from adhering to overtime regulations:
- Salaried managers, professionals, and administrative staff
- Workers employed in retail stores on a commission-based structure
- Outside sales representatives
Learn more in detail about Wyoming Overtime Laws.
When addressing the ramifications of incorrect payment by an employer in Wyoming, failing to promptly pay wages is regarded as a misdemeanor offense and can lead to a fine of $200.00 per day, should the employer not adhere to a payment order, unless the order is contested. This legal provision is outlined in Wyoming Statutes (§ 27-4-504).
In the context of inadequate payment of the minimum wage, there are no immediate penalties. Nevertheless, employees affected by this are entitled to initiate legal proceedings to reclaim unpaid wages, which can encompass attorney fees and expenses. This is stipulated under Wyoming Statutes (§ 27-4-204(a)).
Regarding the mispayment of overtime in Wyoming, specific penalties are not explicitly defined.
In Wyoming, the equal pay law forbids employers from paying employees of one gender less than what they pay employees of the opposite gender in the same workplace for comparable work of the same nature and quality within the same job category. This is outlined in Wyoming Statutes (§ 27-4-302).
However, variations in payment are permissible when they are founded on factors such as a seniority system, performance-based criteria, measurements of production quality or quantity, geographical work location, training, or travel. The scope of this law encompasses all employers, whether public or private, irrespective of their size, as specified in the same statute.
Further, fair employment practices law in Wyoming also entails, under Wyoming Statutes (§ 27-9-105), that employers are prohibited from engaging in compensation discrimination based on gender, age (40 and above), race, creed, color, national origin, ancestry, pregnancy, or disability.
Employee leave regulations in Wyoming cover a range of critical provisions. Under the federal Family and Medical Leave Act (FMLA), eligible employees can access up to 12 weeks of unpaid leave for medical emergencies, childbirth, adoption, or caring for family members. For state employees, sick leave accumulates at 8 hours per month, annually without limit, while annual and holiday leaves are determined based on months of service.
Employers must also refrain from retaliating against employees participating in jury duty during work hours, facing potential legal consequences if violations occur. The Uniformed Services Employment and Reemployment Rights Act (USERRA) guarantees unpaid military leave with conditions such as proper notification and a timely return to work, maintaining benefits and seniority. Employers are mandated to offer 1 hour of leave for voting, exempting those with sufficient off-duty hours during polls.
As per Wyoming legislation, employers are not explicitly compelled to furnish meal breaks or rest intervals to their workforce.
Nonetheless, businesses that opt to supply such breaks are required to follow specific guidelines. If a rest period spans up to 30 minutes, it must be considered as time worked for which the employee should receive compensation. Conversely, meal periods exceeding 30 minutes can be unpaid, but during this duration, the employee must be relieved from all job-related duties.
Employers in Wyoming are allowed to make specific deductions from employees’ wages as long as certain conditions are met. Written authorization from the employee is generally required for these deductions, and they usually cease upon the employee’s written revocation of authorization or the termination of employment.
These deductions encompass various scenarios such as cash shortages, damage to employer property, purchase of required items, and repayment of cash advances.
Nevertheless, in compliance with federal regulations, these deductions must not bring an employee’s earnings below the federal minimum wage for the specific payment period. Thus, accurately calculating deductions and breaks is essential to prevent penalties.
In line with the practices observed in numerous states across the United States, Wyoming adheres to the concept of “at-will employment” in its termination protocols. This implies that the employer or employee retains the prerogative to conclude the employment arrangement without necessitating explicit justifications for the termination.
In Wyoming, upon an employee’s termination, their ultimate remuneration must be provided to them prior to or on the subsequent routinely scheduled payday. Should the employer fall short of this obligation, it may prompt the employee to lodge a wage grievance with the Wyoming Department of Workforce Services.
Learn more about Wyoming Labor Laws through our detailed guide.
Important Cautionary Note
When making this guide we have tried to make it accurate but we do not give any guarantee that the information provided is correct or up-to-date. We therefore strongly advise you seek advice from qualified professionals before acting on any information provided in this guide. We do not accept any liability for any damages or risks incurred for use of this guide.