Minimum Wage: Wyoming
Federal law and guidance on this subject should be reviewed together with this section.
Author: Vonde Smith, Law Offices of Vonde M. Smith, PC
- Wyoming's minimum wage is among the lowest of all the states. See Minimum Wage.
- There is a minimum wage credit for tipped employees. See Tip Credit.
- Employees under 20 years of age may be paid $4.25 for the first 90 consecutive days of work. See Subminimum Wages.
Employers in Wyoming must pay nonexempt employees a minimum wage of $5.15 per hour. +Wyo. Stat. § 27-4-202. Employers that are subject to the federal Fair Labor Standards Act (FLSA) must pay the federal minimum wage of $7.25 per hour.
An employer may pay tipped employees $2.13 per hour. However, if the wage paid by the employer combined with the tips received by the employee during a given pay period does not equal the $5.15 minimum wage, the employer must pay the difference to the tipped employee. +Wyo. Stat. § 27-4-202(b).
Coverage / Definitions
A tipped employee (or, as the Wyoming statute refers to them, a tip employee) is one who customarily and regularly receives more than $30 a month in tips. +Wyo. Stat. § 27-4-202(b)
Tips and gratuities received by an employee must be the sole property of the employee and are not payable in whole or in part to the employer or any other person. +Wyo. Stat. § 27-4-507(a). Employees must retain all of their tips, except to the extent that they participate in a valid tip-pooling or -sharing arrangement.
According to nonbinding guidance from the Wyoming Department of Workforce Services, an employer that elects to use the tip credit must inform the employee in advance.
Wyoming law, +Wyo. Stat. § 27-4-507, prohibits an employer from requiring employees to share tips or enter into a tip pool as a condition of employment, even in a restaurant setting where the wait staff takes a customer's food order but someone else delivers the food or refills the customer's water glass.
However, Wyoming law does not prohibit employers from setting up and employees from participating in voluntary tip-pooling or tip-sharing arrangements. The arrangement must be truly voluntary and participation may not in any way be a condition of employment.
Each month, tipped employees must furnish their employers the daily record of tips required to be kept by tipped employees under federal laws on forms prescribed by the federal Internal Revenue Service. The daily record of tips constitutes prima facie proof of the amount of tips received by the employee. Proof of a customary tipping percentage of sales or service also will be an admissible form of proof of the amount of tips. +Wyo. Stat. § 27-4-202(b).
Employees under 20 years of age may be paid $4.25 for the first 90 consecutive days of work. +Wyo. Stat. § 27-4-202. Employers are prohibited from displacing current employees for purposes of hiring an employee under 20 at the reduced rate. +Wyo. Stat. § 27-4-202.
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