Like many things in life when you need a Wyoming employment law attorney to handle a legal battle you are experiencing in Wyoming with an employee or employer you need one right now! My daughter bought me a very nice power grinder one year and I truly appreciated it. During the following year, she asked me if I really liked it, and as much as I told her I did, you could tell she didn’t believe me. She then asked are you sure because it is still in the package? I then told her that when I need it, I will really need it. Later on, that same year I needed a power grinder, and presto, I had one and it worked great! The same can be said for an employment law attorney – when you need one, you need one!
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Because Wyoming is one of those states that does not place a lot of regulations on the employers it follows many of the federal employment laws as outlined in the Federal Fair Labor Standards Act (FLSA). What this means is that Wyoming does not have any state regulations outlining whether an employer has to pay overtime; therefore, the federal laws apply. The federal law states that any employee that works more than forty hours in any one work week must be paid one, and one-half times their regular pay for all hours worked over the forty hours. As an example, if an employee is paid ten dollars and hour, they would be entitled to be paid fifteen dollars an hour for all hours over forty in that work week.
A work week can be defined anyway an employer wants provided they are consistent and it is a seven-day period. As an example, a work week could start on Sunday morning at 12:01am and end at midnight on the following Saturday. The employer also has to decide and ensure they stay consistent when hours are worked in two work weeks. They must be counted in either one or the other. Using the example above as a defined work week if the employee begins work at 11:00pm Saturday and works until 11:00am Sunday those hours must be counted in either Saturday of the previous work week or Sunday of the new work week. This must stay the same and not changed from week to week in order to avoid paying overtime.
Neither Wyoming, nor the federal government requires an employer to provide either a break or a meal period to their employees. However, if they do and the break period is less than twenty minutes it must be paid. While no meal period is required either if one is provided for more than twenty minutes the employer is not required to pay the employee for this time; however, the employer must not interrupt the employee during this time. If the employer does interrupt the employee, they would be required to pay them similar to a break period. Employers should not require an employee to remain in a certain area nor on the employer’s property since this could be construed and controlling the employee, thus requiring the employer to pay the employee.
I hate to sound like a broken record but again the state of Wyoming does not require an employer to give or pay for vacation time off. However, if they do have a policy that allows for paid vacation, they must have a very good written policy that outlines how, how much, and when an employee is eligible for paid vacation. The most important part of this is that once an employee earns the vacation time an employer can’t take it away. Therefore, an employer should have details like when an employee begins earning vacation, i.e., a statement like – An employee begins earning vacation at the rate of xx hours every pay period after they have worked full time uninterrupted for one full twelve-month period. There should also be additional clauses such as the maximum amount of vacation an employee can accrue is xx hours.
Thank you for reviewing this information on a Wyoming employment law attorney and may God bless you!