Wyoming Minimum Wage Laws, Exceptions, and How to File a Claim
Understand how Wyoming's minimum wage laws apply across different job types, including who qualifies, exceptions, and how to address wage issues.
Wyoming’s minimum wage is among the lowest in the United States, creating potential confusion over required pay rates. While federal law sets a higher baseline, state rules and exceptions influence actual earnings. Understanding these regulations is crucial for both employees seeking fair pay and employers aiming for compliance. This overview clarifies Wyoming’s minimum wage system and outlines steps for addressing potential underpayment.
Legal Rate and Coverage
Wyoming law sets a state minimum wage of $5.15 per hour.1FindLaw. Wyoming Statutes § 27-4-202 Minimum Wage Rate This rate applies irrespective of full-time or part-time status. However, this state minimum is superseded by the federal Fair Labor Standards Act (FLSA), which mandates a minimum wage of $7.25 per hour for most workers nationwide, a rate unchanged since 2009.2U.S. Department of Labor. Minimum Wage Under the FLSA When state and federal laws conflict, employees are entitled to the higher rate, meaning most Wyoming workers should receive at least $7.25 per hour.3U.S. Department of Labor. Wages and the Fair Labor Standards Act
Whether the federal $7.25 rate applies depends on FLSA coverage. The Act generally covers employees of businesses with at least two employees and $500,000 or more in annual business volume (“enterprise coverage”).4U.S. Department of Labor. Fact Sheet #14: Coverage Under the Fair Labor Standards Act (FLSA) Hospitals, schools, nursing care facilities, and government agencies are typically covered regardless of income. Even if a business isn’t covered as an enterprise, individual employees whose work involves interstate commerce (like making out-of-state calls, handling interstate transaction records, or producing goods shipped across state lines) may be covered (“individual coverage”). Domestic service workers often qualify as well. Employers not subject to the FLSA might only be required to pay the $5.15 state minimum.
Tipped Workers
Specific rules apply to employees who earn tips. Wyoming law allows employers to pay tipped employees a minimum cash wage of $2.13 per hour, provided the employee regularly receives over $30 per month in tips.5Justia Law. Wyoming Statutes Title 27, Chapter 4 – Wages (See § 27-4-202(b))
The federal FLSA standard also permits a $2.13 per hour cash wage for tipped workers, but only if the employer uses a “tip credit.” This credit is the difference between the full federal minimum wage ($7.25) and the cash wage paid ($2.13), up to $5.12 per hour. To use this credit legally, an employer must ensure that the employee’s cash wage plus tips equals at least the full $7.25 minimum wage per hour.6U.S. Department of Labor. Fact Sheet #15: Tipped Employees Under the Fair Labor Standards Act (FLSA) If tips fall short in any workweek, the employer must make up the difference. Employers must also inform employees beforehand about the tip credit arrangement.
Tips are legally the property of the employee. Employers, including managers and supervisors, cannot keep any portion of employee tips, even if a tip credit is taken. Mandatory tip pools are allowed, where tips are shared among employees who customarily receive them (e.g., servers, bussers). Recent federal regulations permit employers who pay the full minimum wage (without taking a tip credit) to include non-tipped employees (like cooks) in these pools. Any collected tips must be fully redistributed to employees.
Exempt Job Categories
Not all workers are entitled to minimum wage. Both Wyoming law and the federal FLSA exempt certain job categories.
Wyoming law exempts individuals employed in executive, administrative, or professional roles, as well as agricultural workers, domestic service workers within a household, and government employees (federal, state, or local).7Justia Law. Wyoming Statutes Title 27, Chapter 4 – Wages (See § 27-4-101 Definitions) Volunteers for nonprofit organizations are also typically excluded.
Federal FLSA exemptions often have a broader impact. The most common are the “white-collar” exemptions for executive, administrative, and professional employees. To qualify, employees generally must perform specific duties and be paid a salary meeting a minimum threshold (which was set to increase significantly in stages starting mid-2024).
Executive: Primary duty is management, directs at least two full-time employees, has hiring/firing authority.8U.S. Department of Labor. Fact Sheet #17B: Exemption for Executive Employees Under the FLSA
Administrative: Primary duty involves office work related to management or business operations, requiring discretion and independent judgment.
Professional: Primary duty requires advanced knowledge (learned professional) or involves creativity/talent (creative professional).9U.S. Department of Labor. Fact Sheet #17D: Exemption for Professional Employees Under the FLSA Certain computer employees may also qualify under specific duty and pay tests.
Outside sales employees, whose primary duty involves making sales away from the employer’s premises, are also exempt under the FLSA, with no minimum salary requirement. Other FLSA exemptions include employees of certain seasonal amusement businesses and some agricultural workers. Job titles alone do not determine exemption; the actual duties performed and compensation method are key. Manual laborers performing repetitive physical tasks generally do not qualify for these exemptions.
Enforcement
Compliance with minimum wage laws in Wyoming is overseen by both state and federal agencies. The Wyoming Department of Workforce Services (DWS), through its Labor Standards Division, enforces state labor laws, including the $5.15 minimum wage for the limited cases where it applies.10Wyoming Department of Workforce Services. Labor Standards Division
Because the federal $7.25 rate applies to most workers, the U.S. Department of Labor’s Wage and Hour Division (WHD) handles the majority of minimum wage enforcement in the state.11U.S. Department of Labor. Wage and Hour Division (WHD) The WHD enforces the Fair Labor Standards Act (FLSA) and investigates potential violations, such as failure to pay the correct minimum wage or overtime. Employers subject to the FLSA must comply with the higher federal standard, making WHD investigations common in Wyoming. Both DWS and WHD work to ensure employers meet their respective wage obligations.
Filing a Wage Claim
Employees who believe they have been paid less than the legally required minimum wage can file a claim to recover owed wages. Since most Wyoming workers are covered by the federal FLSA, the primary route is through the U.S. Department of Labor’s Wage and Hour Division (WHD). Contact the WHD via their toll-free helpline (1-866-487-9243) or find local office information on their website.
When filing a claim, provide your contact information, the employer’s details (name, address, manager), your job description, pay details, and any supporting documents like pay stubs or personal hour logs. The WHD generally keeps complainant identities confidential unless disclosure is essential for the investigation. Claims should be filed promptly, as there is typically a two-year statute of limitations for recovering back wages under the FLSA.12Michigan Legal Help. Filing a Complaint with the U.S. Wage and Hour Division This period extends to three years if the employer’s violation was willful (meaning they knowingly or recklessly disregarded the law).
In rare cases where only the state minimum wage applies, or for other state-specific wage issues, a claim can be filed with the Wyoming Department of Workforce Services (DWS), Labor Standards Division, often using an online form. This process requires similar information. Claims with DWS are generally subject to a two-year time limit from when the wages were due. Filing with either agency initiates a process to investigate the claim and potentially recover unpaid earnings.
