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Women are
40%
more likely to
live in poverty
than white men in
Wyoming
Single-woman led households are at the
highest risk
of poverty in
Wyoming
In
Wyoming
, women earn
$0.73
for every dollar a white man makes
Women in
Wyoming
are
67%
more likely to earn
minimum wage
than white men
Women in
Wyoming
are
57%
more likely to earn a
tipped wage
than white men
In
Wyoming
, at least
66%
of women are essential to the financial security of their household
Wyoming’s equal pay law requires that employers pay employees of one gender at the same wage rates as employees of the opposite gender for equal work that requires equal skill, effort, and responsibility under similar working conditions in the same establishment.[1]
· Affirmative Defenses: To justify a pay disparity, an employer can assert that it was based on a seniority system, a merit system, a system which measures earning by quantity or quality of production, or a differential based on any other factor other than gender.[2]
· Retaliation: Employers cannot discharge or in any other manner discriminate against any employee because the employee has made a complaint to his employer, the director or any other person, or instituted, or caused to be instituted, any proceeding under or related to the relevant statute, or has testified or is about to testify in proceedings.[3]
[1] Wyo. Stat. Ann. § 27-4-302.
[2] Wyo. Stat. Ann. § 27-4-302.
[3] Wyo. Stat. Ann. § 27-4-304.
No. Wyoming’s equal pay law mirrors the federal Equal Pay Act.
No. Wyoming does not mandate any form of employer pay disclosure.
No. Wyoming does not prohibit employers’ use of salary history in hiring and setting pay.
No. Wyoming law does not include protection for employees’ pay discussions. However, under federal law, private sector employers generally cannot prohibit employees from discussing wages, with some exceptions such as supervisors.[1]
[1] Your Right to Discuss Wages, NAT’L LAB. RELS. BD., https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages
No. Wyoming does not require employers to collect, report, or assess gender-based pay data.
No. The minimum wage set by Wyoming law is below the federal minimum wage, but employers subject to the federal Fair Labor Standards Act must pay the federal minimum of $7.25 per hour.[1]
[1] Wyo. Stat. Ann. § 27-4-202; 29 U.S.C. § 206(a).
No. Wyoming has not eliminated the tipped minimum wage and employers can pay tipped employees (who regularly receive more than $30 per month in tips) less than minimum wage.[1] If the wage paid by the employer combined with the tips received by the employee during a given period does not equal at least the minimum wage, the employer must pay the difference to the tipped employee.[2]
[1] Wyo. Stat. Ann. § 27-4-202; 29 U.S.C. 203(m).
[2] Wyo. Stat. Ann. § 27-4-202; 29 U.S.C. 203(m).
No, not generally. However, employees engaged in railroad, mine, refinery, and work incidental to prospecting for, or the production of, oil and gas, or other factory, mill or workshop within Wyoming must be paid semimonthly.[1] For other employees, there are no laws specifying how often employees must be paid.[2]
[1] Wyo. Stat. Ann. § 27-4-101.
[2] Labor Standards, Wyo. Workforce Servs., https://dws.wyo.gov/dws-division/labor-standards/frequently-asked-questions/ (last visited July 12, 2024).
Yes. At the time of payment, the employer must give the employee an itemized statement of deductions.[1]
[1] Wyo. Stat. Ann. § 27-4-101.
No. Wyoming law does not specify general overtime payment requirements for private employers, so the federal law governs. Covered nonexempt employees must receive overtime pay for any time worked beyond 40 hours in a workweek (i.e., any fixed and regularly recurring period of 168 hours—seven consecutive 24-hour periods) at a rate no less than time and one-half the regular rate of pay.[1]
[1] 29 U.S.C. § 207.
Yes. An employee may make a complaint with the Wyoming Department of Workforce Services (WDWS) to collect unpaid wages.[1] Employers failing to comply with the WDWS’s order to pay wages will be fined up to $200 for each day of non-compliance.[2] Employers are prohibited from retaliating against any employee for filing a claim for unpaid wages and those in violation will be liable for appropriate legal or equitable relief.[3]
[1] Wyo. Stat. Ann. § 27-4-502.
[2] Wyo. Stat. Ann. § 27-4-504.
[3] Wyo. Stat. Ann. § 27-4-502.
