Wyoming Overtime Laws

Wyoming may be nicknamed the "Cowboy State," but most jobs these days are off the ranch. This is good news if you want overtime pay, because cowboys are exempt from federal overtime benefits. Earning overtime can make those long hours at work really pay off. Unfortunately, not everyone is entitled to this benefit. Becoming familiar with your rights under Wyoming overtime laws doesn't have to be complicated and doing so can be worth extra money in your paycheck.

Wyoming Overtime Law Summary

This chart highlights important provisions of overtime laws in Wyoming.

State and Federal Statutes

Wyoming Overtime Rules

  • Wyoming law only provides overtime benefits to state and county employees
  • Federal overtime pay rate is 1.5 times the employees regular rate
  • Overtime is calculated based on the number of hours worked on a weekly basis (not daily)
  • No law limiting the number of hours an employee can work in a week.
  • Federal law provides 2 years to make a claim for unpaid overtime, 3 years if employer intentionally violated the law.
  • Ranch and small farm workers are frequently excluded for federal overtime rules

Overtime Calculation Methods

  • Hourly: pay time and a half over 40 hours work/week.
  • Hourly Plus Bonus and/or Commission: Regular rate = Total hours times hourly rate, plus the workweek equivalent of the bonus and/or commission, divided by the total hours in the workweek; then pay half of that regular rate for each overtime hour.
  • Salary: Regular rate = Salary divided by the number of hours the salary is intended to compensate.
    • If the regular hours are less than 40: Add regular rate for each hour up to 40, then pay time and a half for hours over 40.
    • If the regular hours = 40: Pay time and a half for hours over 40.

Filing a Wage Complaint

Note : State laws are subject to change. It's important to verify the information you read about by conducting your own research or consulting with a Wyoming attorney.

Overtime Laws in Wyoming

Wyoming law does not mention overtime pay, except for state and county employees and those working on public works contracts. However, many employees in Wyoming will receive overtime pay based on the federal Fair Labor Standards Act (FLSA). According to this law, "non-exempt" employees receive at least 1.5 times their regular rate of pay when working more than 40 hours in a workweek.

Applying Federal Overtime Laws

The FLSA applies to employees of businesses with annual income over $500,000, private and public schools, and those at hospitals or other institutions primarily engaged in the care of the sick, aged, or the mentally ill. Employees of small business may still be covered when they work in "interstate commerce" by handling credit cards, processing mail, or handling goods shipped across state lines.

Employees Exempt from Overtime

An employee's job can also be considered exempt from federal overtime laws when the specific job duties and salary level meet all the requirements set by the U.S. Department of Labor. For example, exempt professional employees generally include lawyers, architects, registered nurses and other employees performing work requiring advanced education or training. This exemption does not include skilled trades, mechanical arts or other work that does not require a college or postgraduate degree. The following types of jobs are frequently exempt from federal overtime rules:

  • Executive
  • Administrator
  • Computer employees
  • Outside and commissioned salespeople
  • Employees employed as "learned professional" (CPA, lawyer, executive chef)

Overtime Pay for Wyoming Government Employees and Contractors

Non-exempt state and county employee and contractors may be eligible for overtime pay at 1.5 times their regular rate for each hour of service required to be performed over eight hours per day and 40 hours per week. This differs from federal overtime rules that do not require overtime for working over 8 hours a day.

Mandatory Overtime Issues

When your employer requires you to work overtime, even on short notice, you must work or risk being disciplined. This is because are no state or federal laws that limit the number of hours an employee can be required to work in a day or a week. Although some fields, such as transportation and trucking, may be subject to separate regulations that place such limits.

Get Help with a Free Overtime Claim Review

If you're in a payroll dispute at work, it can feel as if your employer has all the control. Plus, you don't have to go through the process alone. A Wyoming attorney can help recover lost wages and any available damage. Get started today by receiving a free claim review by a local attorney and learn how the law applies to the facts of your issue.

Next Steps: Search for a Local Attorney

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