Wyoming Labor Laws and Lawyers

With respect to many labor issues, Wyoming has generally not adopted specific labor laws. Instead, Wyoming relies on federal laws in most cases.

If a person is employed in Wyoming, then they should understand that most of their employment protections are found in federal law, although there are exceptions.

Does Wyoming Law Differentiate Part-time and Full-time Employment?

Wyoming law does not distinguish between a “part-time” or “full-time” employment status.

However, the need to pay overtime is recognized, and an employee must generally work over 40 hours in a work week to qualify for compensation at a higher overtime rate. This is explained below in greater detail.

What Is the Minimum Wage in Wyoming?

Wyoming is one of the few states in the U.S. with a state minimum wage of $5.15 per hour which is below the federal minimum hourly wage rate of $7.25. Therefore, by law, the federal minimum wage applies in Wyoming. The federal minimum wage protections are contained in the Fair Labor Standards Act (FLSA).

Can I Get Paid Overtime in Wyoming?

Overtime is also covered by the federal FLSA in Wyoming. Generally, anyone working over 40 hours in a standard work week must be compensated at one-and-a-half times their normal rate of pay rate. For example, an employee who normally makes $10.00 per hour would be compensated at $15.00 per hour for each hour worked over 40 in a work week.

Can Employers Discriminate in Wyoming?

As in most states, and as provided by federal law, in Wyoming it is illegal for an employer to discriminate against a person because the person is a member of a class that is protected by Title VII of the federal Civil Rights Act. This means that discrimination on the basis of disability, age, gender, race, religion, color, national origin, ancestry or pregnancy.is prohibited.

The federal Civil Rights Act also forbids retaliation by employers against a job applicant or employee who claims that their rights have been violated under the law. The federal Civil Rights Act applies in Wyoming as it does in every other state.

Can I Get Paid Vacation Time, Paid Sick Leave, Health Coverage and Other Benefits in Wyoming?

Generally, there are not any specific benefits that an employer is required to provide under Wyoming law. So it would be up to an employer to decide on the benefits to offer to their employees.

As for other regulations that offer worker protections, the situation in Wyoming is as follows:

• Workplace Safety and Health: Wyoming has a state occupational safety and health plan that adopts all federal Occupational Safety and Health Act (OSHA) standards with two limited exceptions. Under the Wyoming law, Wyoming OSHA cannot adopt standards that are higher than federal standards. It can, however, adopt standards if there are no federal OSHA standards that address an issue. So, Wyoming has its own unique standards that apply to oil and gas well drilling, servicing, and special servicing, as well as an anchor standard.
  • The federal Occupational Safety and Health Administration (OSHA) administers the federal Occupational Safety and Health Act. OSHA regulates the safety and health conditions in most private places of employment throughout the U.S. including Wyoming. Employers subject to OSHA law, whether Wyoming law or federal law, have a general duty to provide workers with a workplace that is free of threats to safety and health;
• Whistleblower Protection: The federal OSHA also administers the Whistleblower Protection program. This program ensures that an employer cannot retaliate against employees who report workplace injuries and safety concerns, or engage in other protected activity. So workers in Wyoming should feel free to report injuries, violations and safety concerns to the federal agency;
• Mine Safety and Health Administration (MSHA): The MSHA is responsible for enforcement of the federal Mine Safety and Health Act. This Act protects the health and safety and health of workers employed in mining throughout the U.S., including Wyoming;
• Family and Medical Leave: Employers in Wyoming are legally required to follow the federal Family and Medical Leave Act (FMLA), which allows eligible employees to take unpaid leave for certain reasons having to do with their family. There is no Wyoming law that mandates that private employers have to provide their employees with additional paid or unpaid sick or personal leave;
• Retirement Savings Security: The federal Employee Retirement Income Security Act (ERISA) provides protection under federal law for 401(k) and other employer-sponsored retirement accounts in Wyoming and all of the other 49 states. It protects retirement accounts from creditors.
  • The federal government ensures the safety of these accounts to protect retirement even in case of a lawsuit. Up to $1 million in a person’s individual retirement account is protected under the Bankruptcy Abuse Prevention Act of 2005.
• Labor Union Organizing and Membership: Wyoming has a so-called “Right to Work: law that forbids employers from requiring employees to join a union or pay union dues as a condition of employment. Also, no person can be required not to become a member of a labor union as a condition of employment.
  • Otherwise, the law regarding union organizing and related issues in Wyoming is, again, the federal law in this area, specifically the National Labor Relations Act, which is administered by the National Labor Relations Board. The National Labor Relations Act covers all aspects of getting union representation into a workplace, collective bargaining, strikes and other aspects of unions at work.

Can I Get Workers’ Compensation in Wyoming If I Am Injured on the Job?

Wyoming has a workers’ compensation system that operates much as these systems function in other states. The Wyoming Department of Workforce Services administers the program. Its goal is to provide quality service to help workers injured on their jobs achieve the best medical recovery possible from their work injury and return to work.

As in other states, Wyoming Workers’ Compensation is funded by employers paying workers’ compensation insurance premiums into the state-managed fund. This fund then provides coverage to workers for wages they lose when they are injured on the job as well as the costs of their medical treatment. In exchange, employers receive the benefit of reduced medical costs and are protected against lawsuits filed by injured workers.

If a worker is injured in the course and scope of their employment, they would file a claim with the Wyoming workers’ compensation system rather than filing a lawsuit for negligence or strict product liability.

Do I Need a Lawyer to Help Me with My Labor Problem?

If you are not receiving the employment protections that you deserve, then you should contact a local Wyoming labor lawyer today. If your workplace is unsafe, if you feel you have been discriminated against in your employment, or if your employer is not paying you what they owe, you want to consult with a Wyoming labor lawyer to learn about how you can address the problem.

If you have been injured at work, you want to consult a Wyoming workplace lawyer for help in filing a claim with the Wyoming Workers’ Compensation system. A Wyoming employee rights lawyer might also be able to help with your workplace issue if it involves your rights.

Or, if you are an employer and wonder what your obligations are under Wyoming labor and employment law, a Wyoming labor lawyer or a Wyoming workplace lawyer should be able to advise you about what you need to do to comply with state and federal laws in your workplace.