In Wyoming, every employer shall pay to each of his or her employees wages at a rate of not less than five dollars and fifteen cents ($5.15) per hour. Effective April 1, 2001 and thereafter, all employers who employ tipped employees shall not pay less than two dollars and thirteen cents ($2.13) per hour to his/her tipped employees. Provided further, if the wage paid by the employer combined with the tips received by the employee during a given pay period does not equal at least the applicable minimum wage as prescribed, the employer shall pay the difference to the tipped employee. For the purposes of this act, all “tip” employees shall furnish monthly to their respective employers the daily record of tips required to be kept by “tip” employees under the laws of the United States and upon the forms prescribed by the internal revenue service of the United States treasury department. The daily record of tips shall constitute prima facie proof of the amount of tips received by the employee. Proof of a customary tipping percentage of sales or service shall also be an admissible form of proof of the amount of tips. A “tip” employee is one who customarily and regularly receives more than thirty dollars ($30.00) a month in tips.
In lieu of the rate prescribed, any employer may pay any employee who has not attained the age of twenty (20) years a wage which is not less than four dollars and twenty-five cents ($4.25) per hour during the first ninety (90) consecutive days after the employee is initially employed by the employer. No employer may take any action to displace employees, including partial displacements such as reduction in hours, wages or employment benefits for purposes of hiring individuals at the wage authorized in the statute[i].
Pursuant to Wyo. Stat. § 27-4-204, any employer who shall pay to any employee wages at a rate less than that prescribed in § 27-4-202 shall be liable in a civil action, to the employee in the amount of his or her unpaid minimum wage, and the aggrieved employee may bring a civil action for enforcement of this act [§§ 27-4-201 through 27-4-204] and the recovery of his or her unpaid wages together with reasonable attorney fees and the costs of the action.
The purpose of recording, reporting, and posting requirements is to require employers to record and report work-related fatalities, injuries and ill-nesses. Recording or reporting a work-related injury, illness, or fatality does not mean that the employer or employee was at fault, that an OSHA rule has been violated, or that the employee is eligible for workers’ compensation or other benefits. All employers covered by the Wyoming Occupational Health and Safety Act (OHS Act) are covered by these regulations. However, most employers do not have to keep OSHA injury and illness records unless OSHA or the Bureau of Labor Statistics (BLS) informs them in writing that they must keep records. There is a partial exemption for employers with 10 or fewer employees. The partial exemption for size is based on the number of employees in the entire company. There is partial exemption for establishments in certain industries[ii].
[i] Wyo. Stat. § 27-4-202.
[ii] WCWR 025-122-004.
