Wyoming law does not address the question of overtime payments except for state and county employers and employers with public works contracts. Anyone who works on a public works contract is entitled to one and one half times her/his ordinary rate of pay for any hours worked over 40 in a given week. State and county employees are entitled to similar overtime, subject to special rules and regulations.

Wyoming’s basic minimum wage is $5.15 an hour; however, for most employees, employers must pay employees the federal minimum wage of $7.25 an hour. Wyoming defines a tipped employee as someone who receives more than $30 in tips per month. Tipped employees can receive a lower cash wage than the standard minimum wage due to the “Tip Credit”. This allows up to $3.02 in tips per hour to be deducted from their wage. This means that tipped employees must be paid a minimum cash wage of $2.13 per hour, for a total minimum compensation of $5.15 per hour when tips are included.

Like federal law, Wyoming law does not require employers to provide meal or rest breaks to their employees.

If your employer owes you wages, you can file a claim with the Wyoming Department of Workforce Services. The Department has the authority to investigate your claim, hold hearings, and issue a decision that either party can have reviewed within the Department and, eventually, by a court.

Do not delay in contacting the Wyoming Department of Employment to file a claim. There are strict time limits in which charges of wage-and-hour violations must be filed. In order for the Department to act on your behalf, you must file your claim within two years of the date on which your wages were due. However, as you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible, although it is not necessary to have an attorney to file your claim with the Department.

It is also possible to file a lawsuit to recover unpaid wages from your employer. In addition to awarding you your back wages, the court can also require your employer to pay you 18% annual interest on those wages, and to pay your litigation costs and attorneys’ fees. It is unclear what the statute of limitations is in such a case, so if you are considering a lawsuit, you should contact an attorney as soon as possible.