Wyoming Labor Law: What You Need To Know!

Wyoming labor law has nothing that dictates that an employer must pay overtime. However, federal labor law does! In Wyoming this means that federal labor law would prevail and employers are required to pay non exempt employees for any hours over forty in one work week. A work week is determined by the employer but can't be changed for the sole reason of avoiding the payment of overtime. As an example a work week may be set as Sunday at 12:01 am until the following Saturday at midnight. An employer should determine if an assigned work schedule begins in one pay period and ends in another which one it falls into. Overtime is paid at 1.5 times the employee's regular wages.

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Wyoming Labor Law and How It Can Help or Hurt

Whether Wyoming labor law is silent when it comes to overtime or not, federal labor law does not include paying overtime to exempt employees. Please refer to my information on what constitutes an exempt employee. However, in Wyoming the type of employees are expanded since it is primarily an agricultural state. This means that some farm workers may be included as exempt. In either case I would make sure that I consulted a Wyoming Labor Law Attorney for their opinion. You do not want to risk having to go back and pay days, weeks, months, or even years of over time because you misunderstood who should be considered an exempt employee.

Wyoming labor law does not require an employer to offer benefits when it comes to such things as vacation pay, sick pay, holiday pay, severance pay, health and welfare benefits, etc. However, if you do offer these any of these benefits you must administer them fairly and consistently. This means that you can't determine who receives or does not receive them based on a discriminatory practice. A discriminatory practice would be something such as offering them to everyone except someone that is in one of these protected classes; race, sex, age, national origin, religion, disability, color, etc. You can base your decision on many other factors such as how long someone has been at your organization or what job they are filling. Again, once you have made a decision you must be fair and consistent.

Wyoming labor law is an employment at will state. This is very common across the United States. An employment at will state means that an employee or employer can terminated their employment relationship at will for any reason or no reason provided it does not violate state or federal law. Some violations would be for discriminatory practices as mentioned above. It could also mean that if an employee and employer were covered under an employment contract or collective bargaining agreement. There are a number of other exceptions and I would strongly recommend that you consult with a Wyoming Labor Law Attorney for specific questions you have.

Other reasons Wyoming labor law states for not being permitted to terminate an employee at will would be if an employee refuses to violate state or federal law. As an example if your employer demands that you fire someone because they are black or they will fire you, you would be protected. The real question becomes if you can prove that this was the case. I know that in the past I was threatened for not violating a state law and fortunately the employer withdrew their demand. This becomes a very sensitive situation and I feel for anyone that is placed in it. Again, trying ~o prove that the employer made that demand can become difficult depending on the demand.

Remember that this information on Wyoming labor law is not intended to be taken as legal advice. It is simply some general information on state and federal labor law. In any case I would always consult with a labor law attorney for their opinion.

Thank you and May God Bless You!


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