State Codes and Statutes

Statutes > Wyoming > Title27 > Chapter4

CHAPTER 4 - WAGES

 

ARTICLE 1 - IN GENERAL

 

27-4-101. Semimonthly payments required; method of payment;agricultural operations exempt; payment in case of labor dispute or temporarylayoff.

 

(a) Every person, firm or corporation, engaged in the operationof any railroad, mine, refinery, and work incidental to prospecting for, or theproduction of, oil and gas, or other factory, mill or workshop, within thestate of Wyoming, shall, on or before the first day of each month, pay theiremployees the wages earned by them during the first half of the preceding monthending with the fifteenth day of the month, and on or before the fifteenth dayof each month pay their employees the wages earned by them during the last halfof the preceding month; provided, however, that if at any time of payment anyemployee shall be absent from his or her regular place of labor, and shall notreceive his or her wages, at that time due and owing, through a duly authorizedrepresentative, he or she shall be entitled to payment at any time thereafterupon demand on the proper paymaster or at the place where wages are usuallypaid; provided, further, that if the first or the fifteenth of the month occurson a day which is not a working day, that the last preceding working day shallbe the payday, for all personnel who are regularly paid at one (1) location,provided, every employer shall establish and maintain regular paydays as hereinprovided and shall post and maintain copies of this law printed in plain typein at least two (2) conspicuous places where the notices can be seen by theemployees.

 

(b) Every employer shall, at the time of each payment of wages,furnish each of his employees with a detachable part of the check, draft orvoucher, paying the employees' wages, giving an itemized statement in writingshowing all deductions made from such wages. If the employer does not make hispayroll payments in the aforementioned manner, then he shall provide suchitemized statement on a slip attached to such payment. Nothing in W.S. 27-4-101through 27-4-103 shall be construed to prohibit an employer from depositingwages due or to become due or an advance on wages to be earned, in an accountin any bank, savings and loan association, credit union or other financialinstitution authorized by the United States or one (1) of the several states toreceive deposits in the United States if the employee has voluntarilyauthorized such deposit.

 

(c) Agricultural operations shall be exempt from the provisionsprovided herein.

 

(d) When work of any employee is suspended as a result of alabor dispute, or when an employee for any reason whatsoever is temporarilylaid off, the employer shall pay in full to such employee on the next regularpayday, either through the regular pay channels or by mail if requested by theemployee, wages earned to the time of suspension or layoff.

 

27-4-102. Repealed By Laws 2001, Ch. 162, 2.

 

27-4-103. Semimonthly payments required; penalty.

 

Everyperson violating any of the provisions of this act, shall be guilty of amisdemeanor and upon conviction thereof, shall be punished by a fine of notmore than seven hundred fifty dollars ($750.00), or by imprisonment in thecounty jail for a period of not more than six (6) months, or by both fine andimprisonment.

 

27-4-104. Payment of employee quitting or discharged and suit forwages; generally.

 

(a) Whenever an employee quits the service or is discharged, theemployee shall be paid whatever wages are due him in lawful money of the UnitedStates of America, or by check or draft which can be cashed at a bank, withinfive (5) working days of the date of termination of employment. The employermay offset from any monies due the employee as wages, any sums due the employerfrom the employee which have been incurred by the employee during hisemployment. This section does not apply to the earnings of a sales agentemployed on a commission basis and having custody of accounts, money or goodsof his principal where the net amount due the agent may not be determinableexcept after an audit or verification of sales, accounts, funds or stocks.

 

(b) Whenever an employee who has quit or has been dischargedfrom service has cause to bring suit for wages earned and due, and shallestablish in court the amount which is justly due, the court shall allow to theplaintiff interest on the past due wages at the rate of eighteen percent (18%)per annum from the date of discharge or termination, together with a reasonableattorney fee and all costs of suit. Prosecution of a civil action to recoverunpaid wages does not preclude prosecution under W.S. 27-4-105.

 

27-4-105. Payment of employee quitting or discharged and suit forwages; penalty.

 

Everyperson, firm or corporation willfully violating any of the provisions of W.S.27-4-104 is guilty of a misdemeanor and shall be punished by a fine of not lessthan five hundred dollars ($500.00) nor more than seven hundred fifty dollars($750.00) for each offense.

 

27-4-106. Assignment of certain accounts and prosecution of certainsuits prohibited; generally.

 

Itis hereby declared unlawful for any creditor or other holder of any evidence ofdebt, book account, or claim of any name or nature against any laborer,servant, clerk or other employee of any corporation, firm or individual in thisstate for the purpose below stated, to sell, assign, transfer, or by any meansdispose of any such claim, book account, bill or debt of any name or naturewhatever, to any person or persons, firm, corporation or institution, or toinstitute elsewhere than in this state or prosecute any suit or action for anysuch claim or debt against any such laborer, servant, clerk or employe, by anyprocess seeking to seize, attach or garnish the wages of such person or personsearned within sixty (60) days prior to the commencement of such proceedings forthe purpose of avoiding the effect of the laws of the state of Wyomingconcerning exemptions.

 

27-4-107. Assignment of certain accounts and prosecution of certainsuits prohibited; aiding violation deemed unlawful.

 

Itis hereby declared unlawful for any person or persons to aid, assist, abet orcounsel a violation of W.S. 27-4-106 for any purpose whatever.

 

27-4-108. Assignment of certain accounts and prosecution of certainsuits prohibited; prima facie evidence.

 

Inany proceeding, civil or criminal, growing out of a breach of W.S. 27-4-106 and27-4-107, proof of the institution of a suit or service of garnishment summonsby any persons, firm or individual in any court of any state or territory otherthan this state, to seize by process of garnishment or otherwise, any of thewages of such persons as defined in section 1 of this act shall be deemed primafacie evidence of an evasion of the laws of the state of Wyoming, and a breachof the provisions of W.S. 27-4-106 through 27-4-109 on the part of the creditoror resident in Wyoming causing the same to be done.

 

27-4-109. Assignment of certain accounts and prosecution of certainsuits prohibited; liability and penalty for unlawful assignment.

 

Anyperson, firm, company, corporation, or business institution guilty of aviolation of W.S. 27-4-106 and 27-4-107 shall be liable to the party so injuredfor the amount of the debt sold, assigned, transferred, garnisheed, or suedupon, with all costs and expenses, and a reasonable attorney's fee to berecovered in any court of competent jurisdiction in this state, and shallfurther be liable by prosecution to punishment by a fine not exceeding the sumof one hundred dollars ($100.00) and costs of prosecution.

 

27-4-110. Assignments of wages; acceptance by employer; filing.

 

Noassignment of, or order for, wages to be earned in the future to secure a loanof less than two hundred dollars ($200.00) shall be valid against an employerof the person making said assignment or order until said assignment or order isaccepted in writing by the employer, and said assignment or order and theacceptance of the same have been filed and recorded with the clerk of the cityor town where the party making said assignment or order resides, if a residentof this state, or in which he is employed, if not a resident of thecommonwealth.

 

27-4-111. Assignments of wages; consent of marital spouse required.

 

Noassignment of or order for, wages to be earned in the future shall be valid,when made by a married individual, unless the written consent of the spouse tothe assignment is attached thereto.

 

27-4-112. Assignments of wages; certain banks exempt from assignmentprovisions.

 

Nationalbanks and all banking institutions which are under the supervision of the bankexaminer shall be exempt from the provisions of this act.

 

27-4-113. Contracts for alien labor; when unenforceable.

 

Nocontract made for labor or services with any alien or foreigner previous to thetime that such alien or foreigner may come into the state shall be enforcedwithin this state for any period after six (6) months from the date of suchcontract.

 

27-4-114. Contracts for alien labor; measure of recovery; defenses.

 

Anyalien or foreigner who shall hereafter perform labor or services for any personor persons, company or corporation within this state, shall be entitled torecover from such person or persons, company or corporation, a reasonablecompensation for such labor or services, notwithstanding such person orpersons, company or corporation may have paid any other party or parties forthe same; and in actions for the price of such labor or services, no defense shallbe admitted to the effect that the defendant or defendants had contracted withother parties who had, or pretended to have, power or authority to hire out thelabor or services of such party or parties, or to receive the pay or price forsuch labor or services.

 

27-4-115. Contracts for alien labor; third party receiving pay foralien's labor prohibited.

 

Anyperson, whether he or she acts for himself or herself, or as agent, attorney oremploye for another or others, who shall, in pursuance of, or by virtue of, anycontract made with any alien or foreigner, made before such alien or foreignercame into this state, receive or offer to receive any money, pay orremuneration for the labor or services of any alien or foreigner, excepting theperson so performing such labor or services, shall be deemed guilty of amisdemeanor, and, on conviction thereof, shall be fined in a sum not less thanfive hundred dollars ($500.00), and not more than five thousand dollars($5,000.00), and imprisoned in the county jail for not less than three (3) normore than twelve (12) months, for each and every offense.

 

27-4-116. Employee not liable for dishonored check; penalty.

 

(a) No employer shall withhold money from an employee's wagesfor accepting a check on behalf of the employer which is not paid because thecheck is dishonored unless:

 

(i) The employer has provided written instructions as toprocedures for accepting checks and the employee fails to follow theprocedures; or

 

(ii) The employer reasonably believes that the employee has beena party to a fraud or other wrongdoing in taking a dishonored check.

 

(b) Every employer who violates this section is guilty of amisdemeanor punishable by a fine of not more than seven hundred fifty dollars($750.00).

 

ARTICLE 2 - MINIMUM WAGES

 

27-4-201. Definitions.

 

(a) As used in this act:

 

(i) "Wage" means compensation due to an employee byreason of his employment;

 

(ii) "Employ" includes to suffer or to permit to work;

 

(iii) "Employer" includes any individual, partnership,association, corporation, business trust, or any person or group of personsacting directly or indirectly in the interest of an employer in relation to anemployee;

 

(iv) "Employee" includes any individual employed by anemployer but shall not include:

 

(A) Any individual employed in agriculture;

 

(B) Any individual employed in domestic service in or about aprivate home;

 

(C) Any individual employed in a bona fide executive,administrative, or professional capacity;

 

(D) Any individual employed by the United States, or by thestate or any political subdivision thereof;

 

(E) Any individual engaged in the activities of an educational,charitable, religious, or nonprofit organization where the employer-employeerelationship does not, in fact, exist or where the services rendered to suchorganization are on a voluntary basis;

 

(F) Repealed By Laws 2001, Ch. 1, 2.

 

(G) Any individual employed as an outside salesman whosecompensation is solely commission on sales;

 

(H) Any individual whose employment is driving an ambulance orother vehicle from time to time as necessity requires but who is on call at anytime;

 

(J) Repealed By Laws 2001, Ch. 1, 2.

 

(v) In this act, "shall" is used in an imperativesense and "may" is used in a permissive sense;

 

(vi) "Occupation" means any occupation, service,trade, business, industry, or branch or group of industries or employment orclass of employment in which individuals are gainfully employed.

 

27-4-202. Minimum wage rates.

 

(a) Every employer shall pay to each of his or her employeeswages at a rate of not less than five dollars and fifteen cents ($5.15) perhour.

 

(b) Effective April 1, 2001 and thereafter, all employers whoemploy tipped employees shall not pay less than two dollars and thirteen cents($2.13) per hour to his tipped employees. Provided further, if the wage paid bythe employer combined with the tips received by the employee during a given payperiod does not equal at least the applicable minimum wage as prescribed insubsection (a) of this section, the employer shall pay the difference to thetipped employee. For the purposes of this act, all "tip" employeesshall furnish monthly to their respective employers the daily record of tipsrequired to be kept by "tip" employees under the laws of the UnitedStates and upon the forms prescribed by the internal revenue service of theUnited States treasury department. The daily record of tips shall constituteprima facie proof of the amount of tips received by the employee. Proof of acustomary tipping percentage of sales or service shall also be an admissibleform of proof of the amount of tips. A "tip" employee is one whocustomarily and regularly receives more than thirty dollars ($30.00) a month intips.

 

(c) In lieu of the rate prescribed in subsection (a) of thissection, any employer may pay any employee who has not attained the age oftwenty (20) years a wage which is not less than four dollars and twenty-fivecents ($4.25) per hour during the first ninety (90) consecutive days after theemployee is initially employed by the employer. No employer may take any actionto displace employees, including partial displacements such as reduction inhours, wages or employment benefits for purposes of hiring individuals at thewage authorized in this subsection.

 

27-4-203. Record of work of employees required.

 

Everyemployer subject to this act shall make, and keep for a period of not less thantwo (2) years in or about the premises wherein any employee is employed, arecord of the name, address and occupation of each of his employees, the rateof pay, and the amount paid each pay period to each such employee, the hoursworked each day and each work week by such employee.

 

27-4-204. Liability for unpaid minimum wage; suit for collection.

 

(a) Any employer who shall pay to any employee wages at a rateless than that prescribed in the foregoing section shall be liable in a civilaction, to the employee in the amount of his or her unpaid minimum wage, andthe aggrieved employee may bring a civil action for enforcement of this act andthe recovery of his or her unpaid wages together with reasonable attorney feesand the costs of the action.

 

(b) Repealed by Laws 1990, ch. 71, 2.

 

(c) Repealed by Laws 1990, ch. 71, 2.

 

ARTICLE 3 - EQUAL PAY

 

27-4-301. Definitions.

 

(a) "Employee" means any individual employed by anemployer.

 

(b) "Employer" includes any person acting directly orindirectly in the interest of an employer in relation to an employee.

 

(c) "Employ" includes to suffer or permit to work.

 

(d) "Occupation" includes any industry, trade,business or branch thereof, or any employment or class of employment.

 

(e) "Director" means the director of the departmentof employment or his designee who is authorized to administer W.S. 27-4-301through 27-4-304.

 

(f) "Person" includes one (1) or more individuals,partnerships, corporations, associations, legal representatives, trustees,trustees in bankruptcy or receivers.

 

27-4-302. Prohibition on paying employees less for same work.

 

(a) No employer shall discriminate, within the sameestablishment in which the employees are employed, between employees on thebasis of gender by paying wages to employees at a rate less than the rate atwhich the employer pays wages to employees of the opposite gender for equalwork on jobs the performance of which requires equal skill, effort andresponsibility and which are performed under similar working conditions, exceptwhere the payment is made pursuant to:

 

(i) A seniority system;

 

(ii) A merit system;

 

(iii) A system which measures earning by quantity or quality ofproduction; or

 

(iv) A differential based on any other factor other than gender.

 

27-4-303. Liability of employer generally; liquidated damages;individual and group actions; assignment of claim.

 

(a) An employer who violates the provisions of W.S. 27-4-302shall be liable to the employee or employees affected in the amount of theirunpaid wages, and in an additional equal amount as liquidated damages. Actionto recover liability may be maintained in any court of competent jurisdictionby any one (1) or more employees for and in behalf of the employee or theemployees and other employees similarly situated, and no agreement by theemployee to work for less than the wage to which the employee is entitled underthis act shall be a defense to any action.

 

(b) Upon receipt of a written claim by any employee of aviolation of this act, the director shall process, investigate and determinethe validity of the claim. The director shall have power to join variousclaims against the same employer in one (1) claim. If either the employer oremployee is aggrieved by the director's determination, the aggrieved party mayrequest a fair hearing. The aggrieved party must file a written request forhearing within fifteen (15) calendar days of receipt of the director'sdetermination. Upon receipt of a timely submitted request for hearing, thedirector shall appoint an independent hearing officer to conduct the fairhearing between the employer and employee. The fair hearing shall be conductedpursuant to the Wyoming Administrative Procedure Act. The hearing officer'sdetermination shall constitute the director's final agency action. Upon afinding by the hearing officer that the claim is valid, the director shallorder the employer to pay the amount of wages due plus an additional equalamount as liquidated damages. Where the employer failed to appeal an adversedetermination to the district court and failed to comply with the director'sorder, the director shall refer the matter to the appropriate county attorneyfor enforcement of the director's order.

 

27-4-304. Penalty for violations.

 

Anyemployer who willfully violates any provision of this act, or who discharges orin any other manner discriminates against any employee because the employee hasmade any complaint to his employer, the director or any other person, orinstituted, or caused to be instituted any proceeding under or related to thisact, or has testified or is about to testify in the proceedings, shall, uponconviction, be punished by a fine of not less than twenty-five dollars($25.00), nor more than two hundred dollars ($200.00), or by imprisonment fornot less than ten (10) days nor more than one hundred eighty (180) days, or byboth the fine and imprisonment. Each day a violation continues shall constitutea separate offense.

 

ARTICLE 4 - PREVAILING WAGES

 

27-4-401. Short title.

 

Thisact may be known and may be cited as the Wyoming Prevailing Wage Act of 1967.

 

27-4-402. Definitions.

 

(a) As used in this act:

 

(i) "Construction" includes construction,reconstruction, improvement, enlargement, alteration or repair of any publicimprovement fairly estimated to cost one hundred thousand dollars ($100,000.00)or more;

 

(ii) "Director" shall mean the director of thedepartment or his designee;

 

(iii) "Prevailing hourly rate of wages" means the wagespaid generally to and the associated customary and usual fringe benefit costspaid on behalf of workers engaged in work of a similar character;

 

(iv) Repealed By Laws 2001, Ch. 145, 2.

 

(v) "Maintenance work" means the repair, but not thereplacement, of existing facilities when the size, type or extent of theexisting facilities is not thereby changed or increased;

 

(vi) "Public body" means the state of Wyoming or anyofficer, board or commission of the state;

 

(vii) "Public works" means all fixed works constructedfor public use, whether or not done under public supervision or direction, orpaid for wholly or in part out of public funds or assessment of property ownersor rights users;

 

(viii) "Workmen" means laborers, workmen and mechanicsemployed directly upon the actual construction site by contractors orsubcontractors or the public body;

 

(ix) "Locality" for public heavy, highway projects andpublic building projects means the following districts wherein the physicalwork is performed:

 

(A) For federal highway and construction projects:

 

(I) The entire state of Wyoming excluding any area defined as ametropolitan statistical area pursuant to 44 U.S.C. 3504(e)(3) and 31 U.S.C.1104(d);

 

(II) Any area defined as a metropolitan statistical areapursuant to 44 U.S.C. 3504(e)(3) and 31 U.S.C. 1104(d).

 

(B) For state only heavy and highway projects, the entire stateof Wyoming;

 

(C) For public building projects, the entire state of Wyoming.

 

(x) "Department" means the department of employment;

 

(xi) "This act" means W.S. 27-4-401 through 27-4-413.

 

27-4-403. Prevailing hourly wage on public works projects; transportationof materials; exception for trainees.

 

(a) Except as provided by subsection (c) of this section, notless than the prevailing hourly rate of wages for work of a similar characterin the locality in which the work is performed, shall be paid to all workmenemployed by or on behalf of any public body engaged in the construction ofpublic works, exclusive of maintenance work. Only such workmen as are directlyemployed in actual construction work on the site of the building orconstruction job shall be deemed to be employed on public works.

 

(b) When the hauling of materials or equipment includes somephase of construction other than the mere transportation to the site of theconstruction, workmen engaged in the dual capacity shall be deemed employed directlyon public works when such work shall be more than incidental to the regularduties of the hauling.

 

(c) Notwithstanding subsection (a) of this section, an employeeemployed pursuant to and registered in a training or an apprenticeship programapproved by the United States department of labor or a training programapproved by the department of transportation and the federal highwayadministration, except where specified by registered or approved training orapprenticeship programs, shall be paid as follows:

 

(i) During the first half of the training period, at a rate notless than sixty percent (60%) of the appropriate minimum journeyman's wage ratespecified within the employment contract;

 

(ii) During the period commencing upon completion of the firsthalf of the training program and ending upon completion of seventy-five percent(75%) of the program, at a rate not less than seventy-five percent (75%) of theappropriate minimum journeyman's wage rate specified within the employmentcontract;

 

(iii) During the remaining portion and until completion of thetraining program, at a rate not less than ninety percent (90%) of theappropriate minimum journeyman's wage rate specified within the employmentcontract.

 

27-4-404. Director to investigate complaints; rules and regulations.

 

Uponcomplaint of violation of this act or upon reasonable suspicion that aviolation of this act has occurred, the director shall investigate, and shallinstitute actions for penalties herein prescribed when proven violations areconsidered by him to be intentional and willful in nature. The director mayestablish rules and regulations for the purpose of carrying out the purposes ofthis act.

 

27-4-405. Duty of public authority to ascertain wage rate for publicworks; requirement as to call for bids.

 

(a) Before any public body awards a contract for public works,it shall obtain from the department the prevailing hourly rate of wages in thelocality in which the work is to be performed, for each craft or type ofworkman needed to execute the contract or project. The public body shallspecify in the resolution or ordinance and in the call for bids for thecontract, what the prevailing hourly rate of wages in the locality is for eachcraft or type of workman needed to execute the contract, and it shall bemandatory upon the contractor to whom the contract is awarded and upon anysubcontractor under him, to pay not less than the specified rates to allworkmen employed by them in the execution of the contract. The public bodyawarding the contract shall cause to be inserted in the contract a stipulationto the effect that not less than the prevailing hourly rate of wages asdetermined by the department pursuant to W.S. 27-4-406, or determined by thecourt on review, shall be paid to all workmen performing work under thecontract. It shall also require in all the contractor's bonds that thecontractor include such provision as will guarantee the faithful performance ofthe prevailing hourly wage clause as provided by the contract. The finding ofthe department specifying the prevailing hourly rate of wages in accordancewith this subsection, shall be final for all purposes of the contract thenbeing considered, unless reviewed under the provisions of this act. A publicbody doing public works directly shall comply with the prevailing hourly rateof wages portion of this subsection for each craft or type of workman soemployed. In reviewing bids for public works contracts, the public body shallonly award a bid preference in the percentage specified in W.S. 16-6-102(a) toany prospective contractor who participated, as certified by the department, inthe department's wage survey for the period applicable to the contract beingawarded.

 

(b) In determining prevailing hourly wage rates, the departmentshall ascertain and consider the applicable hourly wage rates established bycollective bargaining agreements, if any, such hourly wage rates as are paidgenerally within the locality and the most current department hourly wagesurvey as adjusted in W.S. 27-4-406.

 

27-4-406. Wage rate to be filed with director and mailed to employersand certain employees.

 

(a) The department shall annually determine the prevailinghourly rate of wages within the state for all occupations, crafts or type ofworkers expected to be required for public works in the state. In carrying outthis subsection, the department shall:

 

(i) Repealed By Laws 2007, Ch. 109, 2.

 

(ii) Provide for a moving average wage adjustment as defined inrules and regulations of the department;

 

(iii) Customize a survey for the construction trades.

 

(b) Upon determining the prevailing hourly rate of wages undersubsection (a) of this section, the department shall provide notice of itsdetermination to:

 

(i) The general public by publication in a newspaper of generalcirculation within each locality for which a prevailing wage rate isdetermined; and

 

(ii) Each state agency and, upon written request, to anyemployer or other person. Notice under this paragraph shall be made promptly bycertified mail.

 

27-4-407. Objection to rates filed; hearing; ruling; judicial review.

 

(a) At any time within fifteen (15) days after publication andnotification of wage determinations under W.S. 27-4-406, any affected personmay object in writing to the determination or part thereof by filing a writtennotice with the director, stating the specific grounds of the objection. Thewritten objection shall be a public record and available for inspection by anyperson who may be affected.

 

(b) Within ten (10) days of the receipt of the objection, thedirector shall set a date for a hearing on the objection. The date for thehearing shall be within thirty (30) days of the receipt of the objection.Written notice of the time and place of the hearing shall be given to theobjectors at least five (5) days prior to the date set for the hearing.

 

(c) The director may hear each written objection separately orconsolidate for hearing any two (2) or more written objections. At the hearingthe department shall introduce in evidence the methodology it used and anyother facts which were considered at the time of the original determinationwhich formed the basis for its determination. The department or any objectorsthereafter may introduce evidence which is material to the issues. In no caseshall the department be required to disclose any payroll data or survey datawhich was used in making a determination under W.S. 27-4-406 which can be usedto identify any individual employer.

 

(d) Within ten (10) days of the conclusion of the hearing, thedirector shall rule on the written objections and make a final determination asthe evidence warrants. Immediately upon a final determination, the directorshall serve a certified copy upon on all parties to the proceedings by personalservice or by registered mail.

 

(e) The final decision of the director of the prevailing wagesin the locality shall be subject to review in accordance with the provisions ofthe Wyoming Administrative Procedure Act. All proceedings in any district courtaffecting a determination of the director shall have priority in hearing anddetermination over all other civil proceedings pending in the court, exceptelection contests.

 

27-4-408. Director's finding final unless reviewed; payments in excessof prevailing rate not prohibited; hours of work not limited.

 

Thefindings of the director ascertaining and declaring the prevailing hourly rateof wages shall be final for the locality, unless reviewed as provided by law.Nothing in this act, however, shall be construed to prohibit the payment to anyworkman employed on any public work of a sum exceeding the prevailing hourlyrate of wages. Nothing in this act shall be construed to limit the hours ofwork which may be performed by any workman in any particular period of time.

 

27-4-409. Hearing procedure.

 

Theprocedure before the director for hearing of objections shall be as provided inthe Wyoming Administrative Procedure.

 

27-4-410. Records of contractors.

 

Thecontractor and each subcontractor or the officer of the public body in chargeof the project shall keep an accurate record showing the names and occupationsof all workmen employed by them, in connection with the public work, andshowing also the actual wages paid to each of the workmen, which record shallbe open at all reasonable hours to the inspection of the director or the publicbody awarding the contract, its officers and agents.

 

27-4-411. Workman's right to recover difference in wages.

 

Anyworkman who shall be paid for his services a sum less than the stipulated ratesfor work done under the contract, shall have a right of action for whateverdifference there may be between the amount so paid and the rates provided bythe contract, and shall be entitled to a reasonable attorney fee if successful.

 

27-4-412. Penalty for violations.

 

Anyofficer, agent or representative of any public body who willfully violates, oromits to comply with any of the provisions of this act, and any contractor orsubcontractor, or agent or representative thereof, doing public work whointentionally or willfully neglects to keep an accurate record of the names,occupation and actual wages paid to each workman employed by him, in connectionwith the public work, or who intentionally or willfully refuses to allow accessto same at any reasonable hour to any person authorized to inspect same underthis act, or who intentionally or willfully has failed to pay the prevailinghourly rate of wages, shall be punished by a fine not exceeding five hundreddollars ($500.00), or by imprisonment not exceeding six (6) months, or by bothsuch fine and imprisonment when convicted by a court of competent jurisdiction.

 

27-4-413. Inapplicability and exemptions.

 

Theprovisions of W.S. 27-4-401 through 27-4-413, are not applicable where inconflict with federal statutes, rules or regulations relating to prevailingwage determinations. All work and labor performed by prisoners, patients andother inmates of state penal, correctional and charitable institutions and cityor county jails, are exempt from the provisions of this act. All work and laborperformed by workmen regularly employed by the public body are exempt from theprovisions of W.S. 27-4-401 through 27-4-413 if the cost of construction doesnot exceed twenty-five thousand dollars ($25,000.00).

 

ARTICLE 5 - COLLECTION OF UNPAID WAGES

 

27-4-501. Definitions.

 

(a) Whenever used in this act:

 

(i) "Employer" means any individual, partnership,association, joint stock company, trust, corporation, labor organization, the administratoror executor of the estate of a deceased individual, or the receiver, trustee,or successor of any of the same, employing any person;

 

(ii) "Employee" means any person who, under the usualcommon law rules applicable in determining the employer-employee relationship,has the status of an employee;

 

(iii) "Wages" means compensation, including fringebenefits, for labor or services rendered by an employee, whether the amount isdetermined on a time, task, piece, commission, or other basis;

 

(iv) "Department" means the department of employment;

 

(v) "This act" means W.S. 27-4-501 through 27-4-508.

 

27-4-502. Claims for unpaid wages.

 

Thedepartment is hereby empowered to take claims for unpaid wages under theprovisions of W.S. 27-4-101 and 27-4-104. The department in taking a claim forunpaid wages as provided for in this act is not to exceed the sum of fivehundred dollars ($500.00) or two (2) months wages, whichever is the greater,per employee per wage claim.

 

27-4-503. Repealed By Laws 2001, Ch. 162, 2.

 

27-4-504. Investigation and determination of unpaid wage claims;hearing; orders; collection of unpaid wages.

 

(a) Upon receipt of a written claim for unpaid wages, thedepartment shall process, investigate and determine the validity of the claim.

 

(b) If either the employer or employee is aggrieved by thedepartment's determination, the aggrieved party may request a fair hearing. Theaggrieved party must file a written request for hearing within fifteen (15)calendar days of receipt of the department's determination. Upon receipt of atimely submitted request for hearing, the director shall appoint an independenthearing officer to conduct the fair hearing between the employer and employee.The fair hearing shall be conducted pursuant to the Wyoming AdministrativeProcedure Act. The hearing officer's determination shall constitute thedirector's final agency action.

 

(c) Upon a finding by the hearing officer that the unpaid wageclaim is valid and either the time for judicial review has passed or thedecision has been affirmed by final judicial review, the department shall orderthe employer to pay the amount of unpaid wages due. The department's order isnot appealable or subject to judicial review. The department shall, with theassistance of the county attorney, initiate legal proceedings to collect theunpaid wages.

 

(d) An employer's failure to comply with a department's orderis punishable by a civil fine not to exceed two hundred dollars ($200.00) foreach day the employer fails to comply with the order.

 

27-4-505. County attorney to assist in collection of unpaid wages.

 

Insuits commenced under this act where the employer failed to comply with thedepartment's order to pay the unpaid wages due, the department shall refer thematter to the appropriate county attorney for enforcement of the department'sorder.

 

27-4-506. Limitation on attempts to make payment of wages collected;unclaimed wages.

 

Thedepartment shall attempt for a period of not less than four (4) months from thedate of the collection, to make payments of wages collected under this act tothe persons entitled to the wages. Wages collected by the department whichremain unclaimed for a period of more than four (4) months from the date ofcollection, shall be unclaimed property for purposes of W.S. 34-24-101 through34-24-140.

 

27-4-507. Tips and gratuities; unlawful to pay lower wage than thatagreed upon; unlawful to fraudulently fail to pay fringe benefits agreed upon.

 

(a) Tips and gratuities received by an employee or employeesshall be the sole property of such employee or employees and not payable inwhole or in part to the employer or any other person.

 

(b) It shall be unlawful for any employer to pay to anyemployee a lower wage, salary, or compensation than that provided for or agreedupon by (1) a collective bargaining agreement; (2) a contract between theemployer and employee. In no event shall a collective bargaining agreement or acontract provide for compensation lower than any applicable existing statute ofthis state.

 

(c) Whenever an employer has agreed with any employee or hisagent to provide or make payments to a health or welfare fund, pension fund,vacation plan, apprenticeship program, or other such employment benefits, itshall be unlawful for said employer to willfully, or with intent to defraud,fail to make the payments required by the terms of any such agreement.

 

27-4-508. Agreements for reciprocal enforcement; of claim to anotherstate.

 

(a) The department is hereby empowered to enter into agreementswith agencies of other states or the federal government for the reciprocalenforcement and collection of wage claims if those states have a statuteauthorizing the same.

 

(b) In the event the department has taken a wage claim forcollection and the employer against which the claim has been filed has moved toanother state, the department may refer the claim with the written approval ofthe employee to the proper agency of the other state for collection, providedthat there is in existence at the time a reciprocal agreement with the statefor the collection of claims. The department is also authorized to acceptclaims from other states for collection of wages from employers who haveremoved to Wyoming.

 

State Codes and Statutes

Statutes > Wyoming > Title27 > Chapter4

CHAPTER 4 - WAGES

 

ARTICLE 1 - IN GENERAL

 

27-4-101. Semimonthly payments required; method of payment;agricultural operations exempt; payment in case of labor dispute or temporarylayoff.

 

(a) Every person, firm or corporation, engaged in the operationof any railroad, mine, refinery, and work incidental to prospecting for, or theproduction of, oil and gas, or other factory, mill or workshop, within thestate of Wyoming, shall, on or before the first day of each month, pay theiremployees the wages earned by them during the first half of the preceding monthending with the fifteenth day of the month, and on or before the fifteenth dayof each month pay their employees the wages earned by them during the last halfof the preceding month; provided, however, that if at any time of payment anyemployee shall be absent from his or her regular place of labor, and shall notreceive his or her wages, at that time due and owing, through a duly authorizedrepresentative, he or she shall be entitled to payment at any time thereafterupon demand on the proper paymaster or at the place where wages are usuallypaid; provided, further, that if the first or the fifteenth of the month occurson a day which is not a working day, that the last preceding working day shallbe the payday, for all personnel who are regularly paid at one (1) location,provided, every employer shall establish and maintain regular paydays as hereinprovided and shall post and maintain copies of this law printed in plain typein at least two (2) conspicuous places where the notices can be seen by theemployees.

 

(b) Every employer shall, at the time of each payment of wages,furnish each of his employees with a detachable part of the check, draft orvoucher, paying the employees' wages, giving an itemized statement in writingshowing all deductions made from such wages. If the employer does not make hispayroll payments in the aforementioned manner, then he shall provide suchitemized statement on a slip attached to such payment. Nothing in W.S. 27-4-101through 27-4-103 shall be construed to prohibit an employer from depositingwages due or to become due or an advance on wages to be earned, in an accountin any bank, savings and loan association, credit union or other financialinstitution authorized by the United States or one (1) of the several states toreceive deposits in the United States if the employee has voluntarilyauthorized such deposit.

 

(c) Agricultural operations shall be exempt from the provisionsprovided herein.

 

(d) When work of any employee is suspended as a result of alabor dispute, or when an employee for any reason whatsoever is temporarilylaid off, the employer shall pay in full to such employee on the next regularpayday, either through the regular pay channels or by mail if requested by theemployee, wages earned to the time of suspension or layoff.

 

27-4-102. Repealed By Laws 2001, Ch. 162, 2.

 

27-4-103. Semimonthly payments required; penalty.

 

Everyperson violating any of the provisions of this act, shall be guilty of amisdemeanor and upon conviction thereof, shall be punished by a fine of notmore than seven hundred fifty dollars ($750.00), or by imprisonment in thecounty jail for a period of not more than six (6) months, or by both fine andimprisonment.

 

27-4-104. Payment of employee quitting or discharged and suit forwages; generally.

 

(a) Whenever an employee quits the service or is discharged, theemployee shall be paid whatever wages are due him in lawful money of the UnitedStates of America, or by check or draft which can be cashed at a bank, withinfive (5) working days of the date of termination of employment. The employermay offset from any monies due the employee as wages, any sums due the employerfrom the employee which have been incurred by the employee during hisemployment. This section does not apply to the earnings of a sales agentemployed on a commission basis and having custody of accounts, money or goodsof his principal where the net amount due the agent may not be determinableexcept after an audit or verification of sales, accounts, funds or stocks.

 

(b) Whenever an employee who has quit or has been dischargedfrom service has cause to bring suit for wages earned and due, and shallestablish in court the amount which is justly due, the court shall allow to theplaintiff interest on the past due wages at the rate of eighteen percent (18%)per annum from the date of discharge or termination, together with a reasonableattorney fee and all costs of suit. Prosecution of a civil action to recoverunpaid wages does not preclude prosecution under W.S. 27-4-105.

 

27-4-105. Payment of employee quitting or discharged and suit forwages; penalty.

 

Everyperson, firm or corporation willfully violating any of the provisions of W.S.27-4-104 is guilty of a misdemeanor and shall be punished by a fine of not lessthan five hundred dollars ($500.00) nor more than seven hundred fifty dollars($750.00) for each offense.

 

27-4-106. Assignment of certain accounts and prosecution of certainsuits prohibited; generally.

 

Itis hereby declared unlawful for any creditor or other holder of any evidence ofdebt, book account, or claim of any name or nature against any laborer,servant, clerk or other employee of any corporation, firm or individual in thisstate for the purpose below stated, to sell, assign, transfer, or by any meansdispose of any such claim, book account, bill or debt of any name or naturewhatever, to any person or persons, firm, corporation or institution, or toinstitute elsewhere than in this state or prosecute any suit or action for anysuch claim or debt against any such laborer, servant, clerk or employe, by anyprocess seeking to seize, attach or garnish the wages of such person or personsearned within sixty (60) days prior to the commencement of such proceedings forthe purpose of avoiding the effect of the laws of the state of Wyomingconcerning exemptions.

 

27-4-107. Assignment of certain accounts and prosecution of certainsuits prohibited; aiding violation deemed unlawful.

 

Itis hereby declared unlawful for any person or persons to aid, assist, abet orcounsel a violation of W.S. 27-4-106 for any purpose whatever.

 

27-4-108. Assignment of certain accounts and prosecution of certainsuits prohibited; prima facie evidence.

 

Inany proceeding, civil or criminal, growing out of a breach of W.S. 27-4-106 and27-4-107, proof of the institution of a suit or service of garnishment summonsby any persons, firm or individual in any court of any state or territory otherthan this state, to seize by process of garnishment or otherwise, any of thewages of such persons as defined in section 1 of this act shall be deemed primafacie evidence of an evasion of the laws of the state of Wyoming, and a breachof the provisions of W.S. 27-4-106 through 27-4-109 on the part of the creditoror resident in Wyoming causing the same to be done.

 

27-4-109. Assignment of certain accounts and prosecution of certainsuits prohibited; liability and penalty for unlawful assignment.

 

Anyperson, firm, company, corporation, or business institution guilty of aviolation of W.S. 27-4-106 and 27-4-107 shall be liable to the party so injuredfor the amount of the debt sold, assigned, transferred, garnisheed, or suedupon, with all costs and expenses, and a reasonable attorney's fee to berecovered in any court of competent jurisdiction in this state, and shallfurther be liable by prosecution to punishment by a fine not exceeding the sumof one hundred dollars ($100.00) and costs of prosecution.

 

27-4-110. Assignments of wages; acceptance by employer; filing.

 

Noassignment of, or order for, wages to be earned in the future to secure a loanof less than two hundred dollars ($200.00) shall be valid against an employerof the person making said assignment or order until said assignment or order isaccepted in writing by the employer, and said assignment or order and theacceptance of the same have been filed and recorded with the clerk of the cityor town where the party making said assignment or order resides, if a residentof this state, or in which he is employed, if not a resident of thecommonwealth.

 

27-4-111. Assignments of wages; consent of marital spouse required.

 

Noassignment of or order for, wages to be earned in the future shall be valid,when made by a married individual, unless the written consent of the spouse tothe assignment is attached thereto.

 

27-4-112. Assignments of wages; certain banks exempt from assignmentprovisions.

 

Nationalbanks and all banking institutions which are under the supervision of the bankexaminer shall be exempt from the provisions of this act.

 

27-4-113. Contracts for alien labor; when unenforceable.

 

Nocontract made for labor or services with any alien or foreigner previous to thetime that such alien or foreigner may come into the state shall be enforcedwithin this state for any period after six (6) months from the date of suchcontract.

 

27-4-114. Contracts for alien labor; measure of recovery; defenses.

 

Anyalien or foreigner who shall hereafter perform labor or services for any personor persons, company or corporation within this state, shall be entitled torecover from such person or persons, company or corporation, a reasonablecompensation for such labor or services, notwithstanding such person orpersons, company or corporation may have paid any other party or parties forthe same; and in actions for the price of such labor or services, no defense shallbe admitted to the effect that the defendant or defendants had contracted withother parties who had, or pretended to have, power or authority to hire out thelabor or services of such party or parties, or to receive the pay or price forsuch labor or services.

 

27-4-115. Contracts for alien labor; third party receiving pay foralien's labor prohibited.

 

Anyperson, whether he or she acts for himself or herself, or as agent, attorney oremploye for another or others, who shall, in pursuance of, or by virtue of, anycontract made with any alien or foreigner, made before such alien or foreignercame into this state, receive or offer to receive any money, pay orremuneration for the labor or services of any alien or foreigner, excepting theperson so performing such labor or services, shall be deemed guilty of amisdemeanor, and, on conviction thereof, shall be fined in a sum not less thanfive hundred dollars ($500.00), and not more than five thousand dollars($5,000.00), and imprisoned in the county jail for not less than three (3) normore than twelve (12) months, for each and every offense.

 

27-4-116. Employee not liable for dishonored check; penalty.

 

(a) No employer shall withhold money from an employee's wagesfor accepting a check on behalf of the employer which is not paid because thecheck is dishonored unless:

 

(i) The employer has provided written instructions as toprocedures for accepting checks and the employee fails to follow theprocedures; or

 

(ii) The employer reasonably believes that the employee has beena party to a fraud or other wrongdoing in taking a dishonored check.

 

(b) Every employer who violates this section is guilty of amisdemeanor punishable by a fine of not more than seven hundred fifty dollars($750.00).

 

ARTICLE 2 - MINIMUM WAGES

 

27-4-201. Definitions.

 

(a) As used in this act:

 

(i) "Wage" means compensation due to an employee byreason of his employment;

 

(ii) "Employ" includes to suffer or to permit to work;

 

(iii) "Employer" includes any individual, partnership,association, corporation, business trust, or any person or group of personsacting directly or indirectly in the interest of an employer in relation to anemployee;

 

(iv) "Employee" includes any individual employed by anemployer but shall not include:

 

(A) Any individual employed in agriculture;

 

(B) Any individual employed in domestic service in or about aprivate home;

 

(C) Any individual employed in a bona fide executive,administrative, or professional capacity;

 

(D) Any individual employed by the United States, or by thestate or any political subdivision thereof;

 

(E) Any individual engaged in the activities of an educational,charitable, religious, or nonprofit organization where the employer-employeerelationship does not, in fact, exist or where the services rendered to suchorganization are on a voluntary basis;

 

(F) Repealed By Laws 2001, Ch. 1, 2.

 

(G) Any individual employed as an outside salesman whosecompensation is solely commission on sales;

 

(H) Any individual whose employment is driving an ambulance orother vehicle from time to time as necessity requires but who is on call at anytime;

 

(J) Repealed By Laws 2001, Ch. 1, 2.

 

(v) In this act, "shall" is used in an imperativesense and "may" is used in a permissive sense;

 

(vi) "Occupation" means any occupation, service,trade, business, industry, or branch or group of industries or employment orclass of employment in which individuals are gainfully employed.

 

27-4-202. Minimum wage rates.

 

(a) Every employer shall pay to each of his or her employeeswages at a rate of not less than five dollars and fifteen cents ($5.15) perhour.

 

(b) Effective April 1, 2001 and thereafter, all employers whoemploy tipped employees shall not pay less than two dollars and thirteen cents($2.13) per hour to his tipped employees. Provided further, if the wage paid bythe employer combined with the tips received by the employee during a given payperiod does not equal at least the applicable minimum wage as prescribed insubsection (a) of this section, the employer shall pay the difference to thetipped employee. For the purposes of this act, all "tip" employeesshall furnish monthly to their respective employers the daily record of tipsrequired to be kept by "tip" employees under the laws of the UnitedStates and upon the forms prescribed by the internal revenue service of theUnited States treasury department. The daily record of tips shall constituteprima facie proof of the amount of tips received by the employee. Proof of acustomary tipping percentage of sales or service shall also be an admissibleform of proof of the amount of tips. A "tip" employee is one whocustomarily and regularly receives more than thirty dollars ($30.00) a month intips.

 

(c) In lieu of the rate prescribed in subsection (a) of thissection, any employer may pay any employee who has not attained the age oftwenty (20) years a wage which is not less than four dollars and twenty-fivecents ($4.25) per hour during the first ninety (90) consecutive days after theemployee is initially employed by the employer. No employer may take any actionto displace employees, including partial displacements such as reduction inhours, wages or employment benefits for purposes of hiring individuals at thewage authorized in this subsection.

 

27-4-203. Record of work of employees required.

 

Everyemployer subject to this act shall make, and keep for a period of not less thantwo (2) years in or about the premises wherein any employee is employed, arecord of the name, address and occupation of each of his employees, the rateof pay, and the amount paid each pay period to each such employee, the hoursworked each day and each work week by such employee.

 

27-4-204. Liability for unpaid minimum wage; suit for collection.

 

(a) Any employer who shall pay to any employee wages at a rateless than that prescribed in the foregoing section shall be liable in a civilaction, to the employee in the amount of his or her unpaid minimum wage, andthe aggrieved employee may bring a civil action for enforcement of this act andthe recovery of his or her unpaid wages together with reasonable attorney feesand the costs of the action.

 

(b) Repealed by Laws 1990, ch. 71, 2.

 

(c) Repealed by Laws 1990, ch. 71, 2.

 

ARTICLE 3 - EQUAL PAY

 

27-4-301. Definitions.

 

(a) "Employee" means any individual employed by anemployer.

 

(b) "Employer" includes any person acting directly orindirectly in the interest of an employer in relation to an employee.

 

(c) "Employ" includes to suffer or permit to work.

 

(d) "Occupation" includes any industry, trade,business or branch thereof, or any employment or class of employment.

 

(e) "Director" means the director of the departmentof employment or his designee who is authorized to administer W.S. 27-4-301through 27-4-304.

 

(f) "Person" includes one (1) or more individuals,partnerships, corporations, associations, legal representatives, trustees,trustees in bankruptcy or receivers.

 

27-4-302. Prohibition on paying employees less for same work.

 

(a) No employer shall discriminate, within the sameestablishment in which the employees are employed, between employees on thebasis of gender by paying wages to employees at a rate less than the rate atwhich the employer pays wages to employees of the opposite gender for equalwork on jobs the performance of which requires equal skill, effort andresponsibility and which are performed under similar working conditions, exceptwhere the payment is made pursuant to:

 

(i) A seniority system;

 

(ii) A merit system;

 

(iii) A system which measures earning by quantity or quality ofproduction; or

 

(iv) A differential based on any other factor other than gender.

 

27-4-303. Liability of employer generally; liquidated damages;individual and group actions; assignment of claim.

 

(a) An employer who violates the provisions of W.S. 27-4-302shall be liable to the employee or employees affected in the amount of theirunpaid wages, and in an additional equal amount as liquidated damages. Actionto recover liability may be maintained in any court of competent jurisdictionby any one (1) or more employees for and in behalf of the employee or theemployees and other employees similarly situated, and no agreement by theemployee to work for less than the wage to which the employee is entitled underthis act shall be a defense to any action.

 

(b) Upon receipt of a written claim by any employee of aviolation of this act, the director shall process, investigate and determinethe validity of the claim. The director shall have power to join variousclaims against the same employer in one (1) claim. If either the employer oremployee is aggrieved by the director's determination, the aggrieved party mayrequest a fair hearing. The aggrieved party must file a written request forhearing within fifteen (15) calendar days of receipt of the director'sdetermination. Upon receipt of a timely submitted request for hearing, thedirector shall appoint an independent hearing officer to conduct the fairhearing between the employer and employee. The fair hearing shall be conductedpursuant to the Wyoming Administrative Procedure Act. The hearing officer'sdetermination shall constitute the director's final agency action. Upon afinding by the hearing officer that the claim is valid, the director shallorder the employer to pay the amount of wages due plus an additional equalamount as liquidated damages. Where the employer failed to appeal an adversedetermination to the district court and failed to comply with the director'sorder, the director shall refer the matter to the appropriate county attorneyfor enforcement of the director's order.

 

27-4-304. Penalty for violations.

 

Anyemployer who willfully violates any provision of this act, or who discharges orin any other manner discriminates against any employee because the employee hasmade any complaint to his employer, the director or any other person, orinstituted, or caused to be instituted any proceeding under or related to thisact, or has testified or is about to testify in the proceedings, shall, uponconviction, be punished by a fine of not less than twenty-five dollars($25.00), nor more than two hundred dollars ($200.00), or by imprisonment fornot less than ten (10) days nor more than one hundred eighty (180) days, or byboth the fine and imprisonment. Each day a violation continues shall constitutea separate offense.

 

ARTICLE 4 - PREVAILING WAGES

 

27-4-401. Short title.

 

Thisact may be known and may be cited as the Wyoming Prevailing Wage Act of 1967.

 

27-4-402. Definitions.

 

(a) As used in this act:

 

(i) "Construction" includes construction,reconstruction, improvement, enlargement, alteration or repair of any publicimprovement fairly estimated to cost one hundred thousand dollars ($100,000.00)or more;

 

(ii) "Director" shall mean the director of thedepartment or his designee;

 

(iii) "Prevailing hourly rate of wages" means the wagespaid generally to and the associated customary and usual fringe benefit costspaid on behalf of workers engaged in work of a similar character;

 

(iv) Repealed By Laws 2001, Ch. 145, 2.

 

(v) "Maintenance work" means the repair, but not thereplacement, of existing facilities when the size, type or extent of theexisting facilities is not thereby changed or increased;

 

(vi) "Public body" means the state of Wyoming or anyofficer, board or commission of the state;

 

(vii) "Public works" means all fixed works constructedfor public use, whether or not done under public supervision or direction, orpaid for wholly or in part out of public funds or assessment of property ownersor rights users;

 

(viii) "Workmen" means laborers, workmen and mechanicsemployed directly upon the actual construction site by contractors orsubcontractors or the public body;

 

(ix) "Locality" for public heavy, highway projects andpublic building projects means the following districts wherein the physicalwork is performed:

 

(A) For federal highway and construction projects:

 

(I) The entire state of Wyoming excluding any area defined as ametropolitan statistical area pursuant to 44 U.S.C. 3504(e)(3) and 31 U.S.C.1104(d);

 

(II) Any area defined as a metropolitan statistical areapursuant to 44 U.S.C. 3504(e)(3) and 31 U.S.C. 1104(d).

 

(B) For state only heavy and highway projects, the entire stateof Wyoming;

 

(C) For public building projects, the entire state of Wyoming.

 

(x) "Department" means the department of employment;

 

(xi) "This act" means W.S. 27-4-401 through 27-4-413.

 

27-4-403. Prevailing hourly wage on public works projects; transportationof materials; exception for trainees.

 

(a) Except as provided by subsection (c) of this section, notless than the prevailing hourly rate of wages for work of a similar characterin the locality in which the work is performed, shall be paid to all workmenemployed by or on behalf of any public body engaged in the construction ofpublic works, exclusive of maintenance work. Only such workmen as are directlyemployed in actual construction work on the site of the building orconstruction job shall be deemed to be employed on public works.

 

(b) When the hauling of materials or equipment includes somephase of construction other than the mere transportation to the site of theconstruction, workmen engaged in the dual capacity shall be deemed employed directlyon public works when such work shall be more than incidental to the regularduties of the hauling.

 

(c) Notwithstanding subsection (a) of this section, an employeeemployed pursuant to and registered in a training or an apprenticeship programapproved by the United States department of labor or a training programapproved by the department of transportation and the federal highwayadministration, except where specified by registered or approved training orapprenticeship programs, shall be paid as follows:

 

(i) During the first half of the training period, at a rate notless than sixty percent (60%) of the appropriate minimum journeyman's wage ratespecified within the employment contract;

 

(ii) During the period commencing upon completion of the firsthalf of the training program and ending upon completion of seventy-five percent(75%) of the program, at a rate not less than seventy-five percent (75%) of theappropriate minimum journeyman's wage rate specified within the employmentcontract;

 

(iii) During the remaining portion and until completion of thetraining program, at a rate not less than ninety percent (90%) of theappropriate minimum journeyman's wage rate specified within the employmentcontract.

 

27-4-404. Director to investigate complaints; rules and regulations.

 

Uponcomplaint of violation of this act or upon reasonable suspicion that aviolation of this act has occurred, the director shall investigate, and shallinstitute actions for penalties herein prescribed when proven violations areconsidered by him to be intentional and willful in nature. The director mayestablish rules and regulations for the purpose of carrying out the purposes ofthis act.

 

27-4-405. Duty of public authority to ascertain wage rate for publicworks; requirement as to call for bids.

 

(a) Before any public body awards a contract for public works,it shall obtain from the department the prevailing hourly rate of wages in thelocality in which the work is to be performed, for each craft or type ofworkman needed to execute the contract or project. The public body shallspecify in the resolution or ordinance and in the call for bids for thecontract, what the prevailing hourly rate of wages in the locality is for eachcraft or type of workman needed to execute the contract, and it shall bemandatory upon the contractor to whom the contract is awarded and upon anysubcontractor under him, to pay not less than the specified rates to allworkmen employed by them in the execution of the contract. The public bodyawarding the contract shall cause to be inserted in the contract a stipulationto the effect that not less than the prevailing hourly rate of wages asdetermined by the department pursuant to W.S. 27-4-406, or determined by thecourt on review, shall be paid to all workmen performing work under thecontract. It shall also require in all the contractor's bonds that thecontractor include such provision as will guarantee the faithful performance ofthe prevailing hourly wage clause as provided by the contract. The finding ofthe department specifying the prevailing hourly rate of wages in accordancewith this subsection, shall be final for all purposes of the contract thenbeing considered, unless reviewed under the provisions of this act. A publicbody doing public works directly shall comply with the prevailing hourly rateof wages portion of this subsection for each craft or type of workman soemployed. In reviewing bids for public works contracts, the public body shallonly award a bid preference in the percentage specified in W.S. 16-6-102(a) toany prospective contractor who participated, as certified by the department, inthe department's wage survey for the period applicable to the contract beingawarded.

 

(b) In determining prevailing hourly wage rates, the departmentshall ascertain and consider the applicable hourly wage rates established bycollective bargaining agreements, if any, such hourly wage rates as are paidgenerally within the locality and the most current department hourly wagesurvey as adjusted in W.S. 27-4-406.

 

27-4-406. Wage rate to be filed with director and mailed to employersand certain employees.

 

(a) The department shall annually determine the prevailinghourly rate of wages within the state for all occupations, crafts or type ofworkers expected to be required for public works in the state. In carrying outthis subsection, the department shall:

 

(i) Repealed By Laws 2007, Ch. 109, 2.

 

(ii) Provide for a moving average wage adjustment as defined inrules and regulations of the department;

 

(iii) Customize a survey for the construction trades.

 

(b) Upon determining the prevailing hourly rate of wages undersubsection (a) of this section, the department shall provide notice of itsdetermination to:

 

(i) The general public by publication in a newspaper of generalcirculation within each locality for which a prevailing wage rate isdetermined; and

 

(ii) Each state agency and, upon written request, to anyemployer or other person. Notice under this paragraph shall be made promptly bycertified mail.

 

27-4-407. Objection to rates filed; hearing; ruling; judicial review.

 

(a) At any time within fifteen (15) days after publication andnotification of wage determinations under W.S. 27-4-406, any affected personmay object in writing to the determination or part thereof by filing a writtennotice with the director, stating the specific grounds of the objection. Thewritten objection shall be a public record and available for inspection by anyperson who may be affected.

 

(b) Within ten (10) days of the receipt of the objection, thedirector shall set a date for a hearing on the objection. The date for thehearing shall be within thirty (30) days of the receipt of the objection.Written notice of the time and place of the hearing shall be given to theobjectors at least five (5) days prior to the date set for the hearing.

 

(c) The director may hear each written objection separately orconsolidate for hearing any two (2) or more written objections. At the hearingthe department shall introduce in evidence the methodology it used and anyother facts which were considered at the time of the original determinationwhich formed the basis for its determination. The department or any objectorsthereafter may introduce evidence which is material to the issues. In no caseshall the department be required to disclose any payroll data or survey datawhich was used in making a determination under W.S. 27-4-406 which can be usedto identify any individual employer.

 

(d) Within ten (10) days of the conclusion of the hearing, thedirector shall rule on the written objections and make a final determination asthe evidence warrants. Immediately upon a final determination, the directorshall serve a certified copy upon on all parties to the proceedings by personalservice or by registered mail.

 

(e) The final decision of the director of the prevailing wagesin the locality shall be subject to review in accordance with the provisions ofthe Wyoming Administrative Procedure Act. All proceedings in any district courtaffecting a determination of the director shall have priority in hearing anddetermination over all other civil proceedings pending in the court, exceptelection contests.

 

27-4-408. Director's finding final unless reviewed; payments in excessof prevailing rate not prohibited; hours of work not limited.

 

Thefindings of the director ascertaining and declaring the prevailing hourly rateof wages shall be final for the locality, unless reviewed as provided by law.Nothing in this act, however, shall be construed to prohibit the payment to anyworkman employed on any public work of a sum exceeding the prevailing hourlyrate of wages. Nothing in this act shall be construed to limit the hours ofwork which may be performed by any workman in any particular period of time.

 

27-4-409. Hearing procedure.

 

Theprocedure before the director for hearing of objections shall be as provided inthe Wyoming Administrative Procedure.

 

27-4-410. Records of contractors.

 

Thecontractor and each subcontractor or the officer of the public body in chargeof the project shall keep an accurate record showing the names and occupationsof all workmen employed by them, in connection with the public work, andshowing also the actual wages paid to each of the workmen, which record shallbe open at all reasonable hours to the inspection of the director or the publicbody awarding the contract, its officers and agents.

 

27-4-411. Workman's right to recover difference in wages.

 

Anyworkman who shall be paid for his services a sum less than the stipulated ratesfor work done under the contract, shall have a right of action for whateverdifference there may be between the amount so paid and the rates provided bythe contract, and shall be entitled to a reasonable attorney fee if successful.

 

27-4-412. Penalty for violations.

 

Anyofficer, agent or representative of any public body who willfully violates, oromits to comply with any of the provisions of this act, and any contractor orsubcontractor, or agent or representative thereof, doing public work whointentionally or willfully neglects to keep an accurate record of the names,occupation and actual wages paid to each workman employed by him, in connectionwith the public work, or who intentionally or willfully refuses to allow accessto same at any reasonable hour to any person authorized to inspect same underthis act, or who intentionally or willfully has failed to pay the prevailinghourly rate of wages, shall be punished by a fine not exceeding five hundreddollars ($500.00), or by imprisonment not exceeding six (6) months, or by bothsuch fine and imprisonment when convicted by a court of competent jurisdiction.

 

27-4-413. Inapplicability and exemptions.

 

Theprovisions of W.S. 27-4-401 through 27-4-413, are not applicable where inconflict with federal statutes, rules or regulations relating to prevailingwage determinations. All work and labor performed by prisoners, patients andother inmates of state penal, correctional and charitable institutions and cityor county jails, are exempt from the provisions of this act. All work and laborperformed by workmen regularly employed by the public body are exempt from theprovisions of W.S. 27-4-401 through 27-4-413 if the cost of construction doesnot exceed twenty-five thousand dollars ($25,000.00).

 

ARTICLE 5 - COLLECTION OF UNPAID WAGES

 

27-4-501. Definitions.

 

(a) Whenever used in this act:

 

(i) "Employer" means any individual, partnership,association, joint stock company, trust, corporation, labor organization, the administratoror executor of the estate of a deceased individual, or the receiver, trustee,or successor of any of the same, employing any person;

 

(ii) "Employee" means any person who, under the usualcommon law rules applicable in determining the employer-employee relationship,has the status of an employee;

 

(iii) "Wages" means compensation, including fringebenefits, for labor or services rendered by an employee, whether the amount isdetermined on a time, task, piece, commission, or other basis;

 

(iv) "Department" means the department of employment;

 

(v) "This act" means W.S. 27-4-501 through 27-4-508.

 

27-4-502. Claims for unpaid wages.

 

Thedepartment is hereby empowered to take claims for unpaid wages under theprovisions of W.S. 27-4-101 and 27-4-104. The department in taking a claim forunpaid wages as provided for in this act is not to exceed the sum of fivehundred dollars ($500.00) or two (2) months wages, whichever is the greater,per employee per wage claim.

 

27-4-503. Repealed By Laws 2001, Ch. 162, 2.

 

27-4-504. Investigation and determination of unpaid wage claims;hearing; orders; collection of unpaid wages.

 

(a) Upon receipt of a written claim for unpaid wages, thedepartment shall process, investigate and determine the validity of the claim.

 

(b) If either the employer or employee is aggrieved by thedepartment's determination, the aggrieved party may request a fair hearing. Theaggrieved party must file a written request for hearing within fifteen (15)calendar days of receipt of the department's determination. Upon receipt of atimely submitted request for hearing, the director shall appoint an independenthearing officer to conduct the fair hearing between the employer and employee.The fair hearing shall be conducted pursuant to the Wyoming AdministrativeProcedure Act. The hearing officer's determination shall constitute thedirector's final agency action.

 

(c) Upon a finding by the hearing officer that the unpaid wageclaim is valid and either the time for judicial review has passed or thedecision has been affirmed by final judicial review, the department shall orderthe employer to pay the amount of unpaid wages due. The department's order isnot appealable or subject to judicial review. The department shall, with theassistance of the county attorney, initiate legal proceedings to collect theunpaid wages.

 

(d) An employer's failure to comply with a department's orderis punishable by a civil fine not to exceed two hundred dollars ($200.00) foreach day the employer fails to comply with the order.

 

27-4-505. County attorney to assist in collection of unpaid wages.

 

Insuits commenced under this act where the employer failed to comply with thedepartment's order to pay the unpaid wages due, the department shall refer thematter to the appropriate county attorney for enforcement of the department'sorder.

 

27-4-506. Limitation on attempts to make payment of wages collected;unclaimed wages.

 

Thedepartment shall attempt for a period of not less than four (4) months from thedate of the collection, to make payments of wages collected under this act tothe persons entitled to the wages. Wages collected by the department whichremain unclaimed for a period of more than four (4) months from the date ofcollection, shall be unclaimed property for purposes of W.S. 34-24-101 through34-24-140.

 

27-4-507. Tips and gratuities; unlawful to pay lower wage than thatagreed upon; unlawful to fraudulently fail to pay fringe benefits agreed upon.

 

(a) Tips and gratuities received by an employee or employeesshall be the sole property of such employee or employees and not payable inwhole or in part to the employer or any other person.

 

(b) It shall be unlawful for any employer to pay to anyemployee a lower wage, salary, or compensation than that provided for or agreedupon by (1) a collective bargaining agreement; (2) a contract between theemployer and employee. In no event shall a collective bargaining agreement or acontract provide for compensation lower than any applicable existing statute ofthis state.

 

(c) Whenever an employer has agreed with any employee or hisagent to provide or make payments to a health or welfare fund, pension fund,vacation plan, apprenticeship program, or other such employment benefits, itshall be unlawful for said employer to willfully, or with intent to defraud,fail to make the payments required by the terms of any such agreement.

 

27-4-508. Agreements for reciprocal enforcement; of claim to anotherstate.

 

(a) The department is hereby empowered to enter into agreementswith agencies of other states or the federal government for the reciprocalenforcement and collection of wage claims if those states have a statuteauthorizing the same.

 

(b) In the event the department has taken a wage claim forcollection and the employer against which the claim has been filed has moved toanother state, the department may refer the claim with the written approval ofthe employee to the proper agency of the other state for collection, providedthat there is in existence at the time a reciprocal agreement with the statefor the collection of claims. The department is also authorized to acceptclaims from other states for collection of wages from employers who haveremoved to Wyoming.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title27 > Chapter4

CHAPTER 4 - WAGES

 

ARTICLE 1 - IN GENERAL

 

27-4-101. Semimonthly payments required; method of payment;agricultural operations exempt; payment in case of labor dispute or temporarylayoff.

 

(a) Every person, firm or corporation, engaged in the operationof any railroad, mine, refinery, and work incidental to prospecting for, or theproduction of, oil and gas, or other factory, mill or workshop, within thestate of Wyoming, shall, on or before the first day of each month, pay theiremployees the wages earned by them during the first half of the preceding monthending with the fifteenth day of the month, and on or before the fifteenth dayof each month pay their employees the wages earned by them during the last halfof the preceding month; provided, however, that if at any time of payment anyemployee shall be absent from his or her regular place of labor, and shall notreceive his or her wages, at that time due and owing, through a duly authorizedrepresentative, he or she shall be entitled to payment at any time thereafterupon demand on the proper paymaster or at the place where wages are usuallypaid; provided, further, that if the first or the fifteenth of the month occurson a day which is not a working day, that the last preceding working day shallbe the payday, for all personnel who are regularly paid at one (1) location,provided, every employer shall establish and maintain regular paydays as hereinprovided and shall post and maintain copies of this law printed in plain typein at least two (2) conspicuous places where the notices can be seen by theemployees.

 

(b) Every employer shall, at the time of each payment of wages,furnish each of his employees with a detachable part of the check, draft orvoucher, paying the employees' wages, giving an itemized statement in writingshowing all deductions made from such wages. If the employer does not make hispayroll payments in the aforementioned manner, then he shall provide suchitemized statement on a slip attached to such payment. Nothing in W.S. 27-4-101through 27-4-103 shall be construed to prohibit an employer from depositingwages due or to become due or an advance on wages to be earned, in an accountin any bank, savings and loan association, credit union or other financialinstitution authorized by the United States or one (1) of the several states toreceive deposits in the United States if the employee has voluntarilyauthorized such deposit.

 

(c) Agricultural operations shall be exempt from the provisionsprovided herein.

 

(d) When work of any employee is suspended as a result of alabor dispute, or when an employee for any reason whatsoever is temporarilylaid off, the employer shall pay in full to such employee on the next regularpayday, either through the regular pay channels or by mail if requested by theemployee, wages earned to the time of suspension or layoff.

 

27-4-102. Repealed By Laws 2001, Ch. 162, 2.

 

27-4-103. Semimonthly payments required; penalty.

 

Everyperson violating any of the provisions of this act, shall be guilty of amisdemeanor and upon conviction thereof, shall be punished by a fine of notmore than seven hundred fifty dollars ($750.00), or by imprisonment in thecounty jail for a period of not more than six (6) months, or by both fine andimprisonment.

 

27-4-104. Payment of employee quitting or discharged and suit forwages; generally.

 

(a) Whenever an employee quits the service or is discharged, theemployee shall be paid whatever wages are due him in lawful money of the UnitedStates of America, or by check or draft which can be cashed at a bank, withinfive (5) working days of the date of termination of employment. The employermay offset from any monies due the employee as wages, any sums due the employerfrom the employee which have been incurred by the employee during hisemployment. This section does not apply to the earnings of a sales agentemployed on a commission basis and having custody of accounts, money or goodsof his principal where the net amount due the agent may not be determinableexcept after an audit or verification of sales, accounts, funds or stocks.

 

(b) Whenever an employee who has quit or has been dischargedfrom service has cause to bring suit for wages earned and due, and shallestablish in court the amount which is justly due, the court shall allow to theplaintiff interest on the past due wages at the rate of eighteen percent (18%)per annum from the date of discharge or termination, together with a reasonableattorney fee and all costs of suit. Prosecution of a civil action to recoverunpaid wages does not preclude prosecution under W.S. 27-4-105.

 

27-4-105. Payment of employee quitting or discharged and suit forwages; penalty.

 

Everyperson, firm or corporation willfully violating any of the provisions of W.S.27-4-104 is guilty of a misdemeanor and shall be punished by a fine of not lessthan five hundred dollars ($500.00) nor more than seven hundred fifty dollars($750.00) for each offense.

 

27-4-106. Assignment of certain accounts and prosecution of certainsuits prohibited; generally.

 

Itis hereby declared unlawful for any creditor or other holder of any evidence ofdebt, book account, or claim of any name or nature against any laborer,servant, clerk or other employee of any corporation, firm or individual in thisstate for the purpose below stated, to sell, assign, transfer, or by any meansdispose of any such claim, book account, bill or debt of any name or naturewhatever, to any person or persons, firm, corporation or institution, or toinstitute elsewhere than in this state or prosecute any suit or action for anysuch claim or debt against any such laborer, servant, clerk or employe, by anyprocess seeking to seize, attach or garnish the wages of such person or personsearned within sixty (60) days prior to the commencement of such proceedings forthe purpose of avoiding the effect of the laws of the state of Wyomingconcerning exemptions.

 

27-4-107. Assignment of certain accounts and prosecution of certainsuits prohibited; aiding violation deemed unlawful.

 

Itis hereby declared unlawful for any person or persons to aid, assist, abet orcounsel a violation of W.S. 27-4-106 for any purpose whatever.

 

27-4-108. Assignment of certain accounts and prosecution of certainsuits prohibited; prima facie evidence.

 

Inany proceeding, civil or criminal, growing out of a breach of W.S. 27-4-106 and27-4-107, proof of the institution of a suit or service of garnishment summonsby any persons, firm or individual in any court of any state or territory otherthan this state, to seize by process of garnishment or otherwise, any of thewages of such persons as defined in section 1 of this act shall be deemed primafacie evidence of an evasion of the laws of the state of Wyoming, and a breachof the provisions of W.S. 27-4-106 through 27-4-109 on the part of the creditoror resident in Wyoming causing the same to be done.

 

27-4-109. Assignment of certain accounts and prosecution of certainsuits prohibited; liability and penalty for unlawful assignment.

 

Anyperson, firm, company, corporation, or business institution guilty of aviolation of W.S. 27-4-106 and 27-4-107 shall be liable to the party so injuredfor the amount of the debt sold, assigned, transferred, garnisheed, or suedupon, with all costs and expenses, and a reasonable attorney's fee to berecovered in any court of competent jurisdiction in this state, and shallfurther be liable by prosecution to punishment by a fine not exceeding the sumof one hundred dollars ($100.00) and costs of prosecution.

 

27-4-110. Assignments of wages; acceptance by employer; filing.

 

Noassignment of, or order for, wages to be earned in the future to secure a loanof less than two hundred dollars ($200.00) shall be valid against an employerof the person making said assignment or order until said assignment or order isaccepted in writing by the employer, and said assignment or order and theacceptance of the same have been filed and recorded with the clerk of the cityor town where the party making said assignment or order resides, if a residentof this state, or in which he is employed, if not a resident of thecommonwealth.

 

27-4-111. Assignments of wages; consent of marital spouse required.

 

Noassignment of or order for, wages to be earned in the future shall be valid,when made by a married individual, unless the written consent of the spouse tothe assignment is attached thereto.

 

27-4-112. Assignments of wages; certain banks exempt from assignmentprovisions.

 

Nationalbanks and all banking institutions which are under the supervision of the bankexaminer shall be exempt from the provisions of this act.

 

27-4-113. Contracts for alien labor; when unenforceable.

 

Nocontract made for labor or services with any alien or foreigner previous to thetime that such alien or foreigner may come into the state shall be enforcedwithin this state for any period after six (6) months from the date of suchcontract.

 

27-4-114. Contracts for alien labor; measure of recovery; defenses.

 

Anyalien or foreigner who shall hereafter perform labor or services for any personor persons, company or corporation within this state, shall be entitled torecover from such person or persons, company or corporation, a reasonablecompensation for such labor or services, notwithstanding such person orpersons, company or corporation may have paid any other party or parties forthe same; and in actions for the price of such labor or services, no defense shallbe admitted to the effect that the defendant or defendants had contracted withother parties who had, or pretended to have, power or authority to hire out thelabor or services of such party or parties, or to receive the pay or price forsuch labor or services.

 

27-4-115. Contracts for alien labor; third party receiving pay foralien's labor prohibited.

 

Anyperson, whether he or she acts for himself or herself, or as agent, attorney oremploye for another or others, who shall, in pursuance of, or by virtue of, anycontract made with any alien or foreigner, made before such alien or foreignercame into this state, receive or offer to receive any money, pay orremuneration for the labor or services of any alien or foreigner, excepting theperson so performing such labor or services, shall be deemed guilty of amisdemeanor, and, on conviction thereof, shall be fined in a sum not less thanfive hundred dollars ($500.00), and not more than five thousand dollars($5,000.00), and imprisoned in the county jail for not less than three (3) normore than twelve (12) months, for each and every offense.

 

27-4-116. Employee not liable for dishonored check; penalty.

 

(a) No employer shall withhold money from an employee's wagesfor accepting a check on behalf of the employer which is not paid because thecheck is dishonored unless:

 

(i) The employer has provided written instructions as toprocedures for accepting checks and the employee fails to follow theprocedures; or

 

(ii) The employer reasonably believes that the employee has beena party to a fraud or other wrongdoing in taking a dishonored check.

 

(b) Every employer who violates this section is guilty of amisdemeanor punishable by a fine of not more than seven hundred fifty dollars($750.00).

 

ARTICLE 2 - MINIMUM WAGES

 

27-4-201. Definitions.

 

(a) As used in this act:

 

(i) "Wage" means compensation due to an employee byreason of his employment;

 

(ii) "Employ" includes to suffer or to permit to work;

 

(iii) "Employer" includes any individual, partnership,association, corporation, business trust, or any person or group of personsacting directly or indirectly in the interest of an employer in relation to anemployee;

 

(iv) "Employee" includes any individual employed by anemployer but shall not include:

 

(A) Any individual employed in agriculture;

 

(B) Any individual employed in domestic service in or about aprivate home;

 

(C) Any individual employed in a bona fide executive,administrative, or professional capacity;

 

(D) Any individual employed by the United States, or by thestate or any political subdivision thereof;

 

(E) Any individual engaged in the activities of an educational,charitable, religious, or nonprofit organization where the employer-employeerelationship does not, in fact, exist or where the services rendered to suchorganization are on a voluntary basis;

 

(F) Repealed By Laws 2001, Ch. 1, 2.

 

(G) Any individual employed as an outside salesman whosecompensation is solely commission on sales;

 

(H) Any individual whose employment is driving an ambulance orother vehicle from time to time as necessity requires but who is on call at anytime;

 

(J) Repealed By Laws 2001, Ch. 1, 2.

 

(v) In this act, "shall" is used in an imperativesense and "may" is used in a permissive sense;

 

(vi) "Occupation" means any occupation, service,trade, business, industry, or branch or group of industries or employment orclass of employment in which individuals are gainfully employed.

 

27-4-202. Minimum wage rates.

 

(a) Every employer shall pay to each of his or her employeeswages at a rate of not less than five dollars and fifteen cents ($5.15) perhour.

 

(b) Effective April 1, 2001 and thereafter, all employers whoemploy tipped employees shall not pay less than two dollars and thirteen cents($2.13) per hour to his tipped employees. Provided further, if the wage paid bythe employer combined with the tips received by the employee during a given payperiod does not equal at least the applicable minimum wage as prescribed insubsection (a) of this section, the employer shall pay the difference to thetipped employee. For the purposes of this act, all "tip" employeesshall furnish monthly to their respective employers the daily record of tipsrequired to be kept by "tip" employees under the laws of the UnitedStates and upon the forms prescribed by the internal revenue service of theUnited States treasury department. The daily record of tips shall constituteprima facie proof of the amount of tips received by the employee. Proof of acustomary tipping percentage of sales or service shall also be an admissibleform of proof of the amount of tips. A "tip" employee is one whocustomarily and regularly receives more than thirty dollars ($30.00) a month intips.

 

(c) In lieu of the rate prescribed in subsection (a) of thissection, any employer may pay any employee who has not attained the age oftwenty (20) years a wage which is not less than four dollars and twenty-fivecents ($4.25) per hour during the first ninety (90) consecutive days after theemployee is initially employed by the employer. No employer may take any actionto displace employees, including partial displacements such as reduction inhours, wages or employment benefits for purposes of hiring individuals at thewage authorized in this subsection.

 

27-4-203. Record of work of employees required.

 

Everyemployer subject to this act shall make, and keep for a period of not less thantwo (2) years in or about the premises wherein any employee is employed, arecord of the name, address and occupation of each of his employees, the rateof pay, and the amount paid each pay period to each such employee, the hoursworked each day and each work week by such employee.

 

27-4-204. Liability for unpaid minimum wage; suit for collection.

 

(a) Any employer who shall pay to any employee wages at a rateless than that prescribed in the foregoing section shall be liable in a civilaction, to the employee in the amount of his or her unpaid minimum wage, andthe aggrieved employee may bring a civil action for enforcement of this act andthe recovery of his or her unpaid wages together with reasonable attorney feesand the costs of the action.

 

(b) Repealed by Laws 1990, ch. 71, 2.

 

(c) Repealed by Laws 1990, ch. 71, 2.

 

ARTICLE 3 - EQUAL PAY

 

27-4-301. Definitions.

 

(a) "Employee" means any individual employed by anemployer.

 

(b) "Employer" includes any person acting directly orindirectly in the interest of an employer in relation to an employee.

 

(c) "Employ" includes to suffer or permit to work.

 

(d) "Occupation" includes any industry, trade,business or branch thereof, or any employment or class of employment.

 

(e) "Director" means the director of the departmentof employment or his designee who is authorized to administer W.S. 27-4-301through 27-4-304.

 

(f) "Person" includes one (1) or more individuals,partnerships, corporations, associations, legal representatives, trustees,trustees in bankruptcy or receivers.

 

27-4-302. Prohibition on paying employees less for same work.

 

(a) No employer shall discriminate, within the sameestablishment in which the employees are employed, between employees on thebasis of gender by paying wages to employees at a rate less than the rate atwhich the employer pays wages to employees of the opposite gender for equalwork on jobs the performance of which requires equal skill, effort andresponsibility and which are performed under similar working conditions, exceptwhere the payment is made pursuant to:

 

(i) A seniority system;

 

(ii) A merit system;

 

(iii) A system which measures earning by quantity or quality ofproduction; or

 

(iv) A differential based on any other factor other than gender.

 

27-4-303. Liability of employer generally; liquidated damages;individual and group actions; assignment of claim.

 

(a) An employer who violates the provisions of W.S. 27-4-302shall be liable to the employee or employees affected in the amount of theirunpaid wages, and in an additional equal amount as liquidated damages. Actionto recover liability may be maintained in any court of competent jurisdictionby any one (1) or more employees for and in behalf of the employee or theemployees and other employees similarly situated, and no agreement by theemployee to work for less than the wage to which the employee is entitled underthis act shall be a defense to any action.

 

(b) Upon receipt of a written claim by any employee of aviolation of this act, the director shall process, investigate and determinethe validity of the claim. The director shall have power to join variousclaims against the same employer in one (1) claim. If either the employer oremployee is aggrieved by the director's determination, the aggrieved party mayrequest a fair hearing. The aggrieved party must file a written request forhearing within fifteen (15) calendar days of receipt of the director'sdetermination. Upon receipt of a timely submitted request for hearing, thedirector shall appoint an independent hearing officer to conduct the fairhearing between the employer and employee. The fair hearing shall be conductedpursuant to the Wyoming Administrative Procedure Act. The hearing officer'sdetermination shall constitute the director's final agency action. Upon afinding by the hearing officer that the claim is valid, the director shallorder the employer to pay the amount of wages due plus an additional equalamount as liquidated damages. Where the employer failed to appeal an adversedetermination to the district court and failed to comply with the director'sorder, the director shall refer the matter to the appropriate county attorneyfor enforcement of the director's order.

 

27-4-304. Penalty for violations.

 

Anyemployer who willfully violates any provision of this act, or who discharges orin any other manner discriminates against any employee because the employee hasmade any complaint to his employer, the director or any other person, orinstituted, or caused to be instituted any proceeding under or related to thisact, or has testified or is about to testify in the proceedings, shall, uponconviction, be punished by a fine of not less than twenty-five dollars($25.00), nor more than two hundred dollars ($200.00), or by imprisonment fornot less than ten (10) days nor more than one hundred eighty (180) days, or byboth the fine and imprisonment. Each day a violation continues shall constitutea separate offense.

 

ARTICLE 4 - PREVAILING WAGES

 

27-4-401. Short title.

 

Thisact may be known and may be cited as the Wyoming Prevailing Wage Act of 1967.

 

27-4-402. Definitions.

 

(a) As used in this act:

 

(i) "Construction" includes construction,reconstruction, improvement, enlargement, alteration or repair of any publicimprovement fairly estimated to cost one hundred thousand dollars ($100,000.00)or more;

 

(ii) "Director" shall mean the director of thedepartment or his designee;

 

(iii) "Prevailing hourly rate of wages" means the wagespaid generally to and the associated customary and usual fringe benefit costspaid on behalf of workers engaged in work of a similar character;

 

(iv) Repealed By Laws 2001, Ch. 145, 2.

 

(v) "Maintenance work" means the repair, but not thereplacement, of existing facilities when the size, type or extent of theexisting facilities is not thereby changed or increased;

 

(vi) "Public body" means the state of Wyoming or anyofficer, board or commission of the state;

 

(vii) "Public works" means all fixed works constructedfor public use, whether or not done under public supervision or direction, orpaid for wholly or in part out of public funds or assessment of property ownersor rights users;

 

(viii) "Workmen" means laborers, workmen and mechanicsemployed directly upon the actual construction site by contractors orsubcontractors or the public body;

 

(ix) "Locality" for public heavy, highway projects andpublic building projects means the following districts wherein the physicalwork is performed:

 

(A) For federal highway and construction projects:

 

(I) The entire state of Wyoming excluding any area defined as ametropolitan statistical area pursuant to 44 U.S.C. 3504(e)(3) and 31 U.S.C.1104(d);

 

(II) Any area defined as a metropolitan statistical areapursuant to 44 U.S.C. 3504(e)(3) and 31 U.S.C. 1104(d).

 

(B) For state only heavy and highway projects, the entire stateof Wyoming;

 

(C) For public building projects, the entire state of Wyoming.

 

(x) "Department" means the department of employment;

 

(xi) "This act" means W.S. 27-4-401 through 27-4-413.

 

27-4-403. Prevailing hourly wage on public works projects; transportationof materials; exception for trainees.

 

(a) Except as provided by subsection (c) of this section, notless than the prevailing hourly rate of wages for work of a similar characterin the locality in which the work is performed, shall be paid to all workmenemployed by or on behalf of any public body engaged in the construction ofpublic works, exclusive of maintenance work. Only such workmen as are directlyemployed in actual construction work on the site of the building orconstruction job shall be deemed to be employed on public works.

 

(b) When the hauling of materials or equipment includes somephase of construction other than the mere transportation to the site of theconstruction, workmen engaged in the dual capacity shall be deemed employed directlyon public works when such work shall be more than incidental to the regularduties of the hauling.

 

(c) Notwithstanding subsection (a) of this section, an employeeemployed pursuant to and registered in a training or an apprenticeship programapproved by the United States department of labor or a training programapproved by the department of transportation and the federal highwayadministration, except where specified by registered or approved training orapprenticeship programs, shall be paid as follows:

 

(i) During the first half of the training period, at a rate notless than sixty percent (60%) of the appropriate minimum journeyman's wage ratespecified within the employment contract;

 

(ii) During the period commencing upon completion of the firsthalf of the training program and ending upon completion of seventy-five percent(75%) of the program, at a rate not less than seventy-five percent (75%) of theappropriate minimum journeyman's wage rate specified within the employmentcontract;

 

(iii) During the remaining portion and until completion of thetraining program, at a rate not less than ninety percent (90%) of theappropriate minimum journeyman's wage rate specified within the employmentcontract.

 

27-4-404. Director to investigate complaints; rules and regulations.

 

Uponcomplaint of violation of this act or upon reasonable suspicion that aviolation of this act has occurred, the director shall investigate, and shallinstitute actions for penalties herein prescribed when proven violations areconsidered by him to be intentional and willful in nature. The director mayestablish rules and regulations for the purpose of carrying out the purposes ofthis act.

 

27-4-405. Duty of public authority to ascertain wage rate for publicworks; requirement as to call for bids.

 

(a) Before any public body awards a contract for public works,it shall obtain from the department the prevailing hourly rate of wages in thelocality in which the work is to be performed, for each craft or type ofworkman needed to execute the contract or project. The public body shallspecify in the resolution or ordinance and in the call for bids for thecontract, what the prevailing hourly rate of wages in the locality is for eachcraft or type of workman needed to execute the contract, and it shall bemandatory upon the contractor to whom the contract is awarded and upon anysubcontractor under him, to pay not less than the specified rates to allworkmen employed by them in the execution of the contract. The public bodyawarding the contract shall cause to be inserted in the contract a stipulationto the effect that not less than the prevailing hourly rate of wages asdetermined by the department pursuant to W.S. 27-4-406, or determined by thecourt on review, shall be paid to all workmen performing work under thecontract. It shall also require in all the contractor's bonds that thecontractor include such provision as will guarantee the faithful performance ofthe prevailing hourly wage clause as provided by the contract. The finding ofthe department specifying the prevailing hourly rate of wages in accordancewith this subsection, shall be final for all purposes of the contract thenbeing considered, unless reviewed under the provisions of this act. A publicbody doing public works directly shall comply with the prevailing hourly rateof wages portion of this subsection for each craft or type of workman soemployed. In reviewing bids for public works contracts, the public body shallonly award a bid preference in the percentage specified in W.S. 16-6-102(a) toany prospective contractor who participated, as certified by the department, inthe department's wage survey for the period applicable to the contract beingawarded.

 

(b) In determining prevailing hourly wage rates, the departmentshall ascertain and consider the applicable hourly wage rates established bycollective bargaining agreements, if any, such hourly wage rates as are paidgenerally within the locality and the most current department hourly wagesurvey as adjusted in W.S. 27-4-406.

 

27-4-406. Wage rate to be filed with director and mailed to employersand certain employees.

 

(a) The department shall annually determine the prevailinghourly rate of wages within the state for all occupations, crafts or type ofworkers expected to be required for public works in the state. In carrying outthis subsection, the department shall:

 

(i) Repealed By Laws 2007, Ch. 109, 2.

 

(ii) Provide for a moving average wage adjustment as defined inrules and regulations of the department;

 

(iii) Customize a survey for the construction trades.

 

(b) Upon determining the prevailing hourly rate of wages undersubsection (a) of this section, the department shall provide notice of itsdetermination to:

 

(i) The general public by publication in a newspaper of generalcirculation within each locality for which a prevailing wage rate isdetermined; and

 

(ii) Each state agency and, upon written request, to anyemployer or other person. Notice under this paragraph shall be made promptly bycertified mail.

 

27-4-407. Objection to rates filed; hearing; ruling; judicial review.

 

(a) At any time within fifteen (15) days after publication andnotification of wage determinations under W.S. 27-4-406, any affected personmay object in writing to the determination or part thereof by filing a writtennotice with the director, stating the specific grounds of the objection. Thewritten objection shall be a public record and available for inspection by anyperson who may be affected.

 

(b) Within ten (10) days of the receipt of the objection, thedirector shall set a date for a hearing on the objection. The date for thehearing shall be within thirty (30) days of the receipt of the objection.Written notice of the time and place of the hearing shall be given to theobjectors at least five (5) days prior to the date set for the hearing.

 

(c) The director may hear each written objection separately orconsolidate for hearing any two (2) or more written objections. At the hearingthe department shall introduce in evidence the methodology it used and anyother facts which were considered at the time of the original determinationwhich formed the basis for its determination. The department or any objectorsthereafter may introduce evidence which is material to the issues. In no caseshall the department be required to disclose any payroll data or survey datawhich was used in making a determination under W.S. 27-4-406 which can be usedto identify any individual employer.

 

(d) Within ten (10) days of the conclusion of the hearing, thedirector shall rule on the written objections and make a final determination asthe evidence warrants. Immediately upon a final determination, the directorshall serve a certified copy upon on all parties to the proceedings by personalservice or by registered mail.

 

(e) The final decision of the director of the prevailing wagesin the locality shall be subject to review in accordance with the provisions ofthe Wyoming Administrative Procedure Act. All proceedings in any district courtaffecting a determination of the director shall have priority in hearing anddetermination over all other civil proceedings pending in the court, exceptelection contests.

 

27-4-408. Director's finding final unless reviewed; payments in excessof prevailing rate not prohibited; hours of work not limited.

 

Thefindings of the director ascertaining and declaring the prevailing hourly rateof wages shall be final for the locality, unless reviewed as provided by law.Nothing in this act, however, shall be construed to prohibit the payment to anyworkman employed on any public work of a sum exceeding the prevailing hourlyrate of wages. Nothing in this act shall be construed to limit the hours ofwork which may be performed by any workman in any particular period of time.

 

27-4-409. Hearing procedure.

 

Theprocedure before the director for hearing of objections shall be as provided inthe Wyoming Administrative Procedure.

 

27-4-410. Records of contractors.

 

Thecontractor and each subcontractor or the officer of the public body in chargeof the project shall keep an accurate record showing the names and occupationsof all workmen employed by them, in connection with the public work, andshowing also the actual wages paid to each of the workmen, which record shallbe open at all reasonable hours to the inspection of the director or the publicbody awarding the contract, its officers and agents.

 

27-4-411. Workman's right to recover difference in wages.

 

Anyworkman who shall be paid for his services a sum less than the stipulated ratesfor work done under the contract, shall have a right of action for whateverdifference there may be between the amount so paid and the rates provided bythe contract, and shall be entitled to a reasonable attorney fee if successful.

 

27-4-412. Penalty for violations.

 

Anyofficer, agent or representative of any public body who willfully violates, oromits to comply with any of the provisions of this act, and any contractor orsubcontractor, or agent or representative thereof, doing public work whointentionally or willfully neglects to keep an accurate record of the names,occupation and actual wages paid to each workman employed by him, in connectionwith the public work, or who intentionally or willfully refuses to allow accessto same at any reasonable hour to any person authorized to inspect same underthis act, or who intentionally or willfully has failed to pay the prevailinghourly rate of wages, shall be punished by a fine not exceeding five hundreddollars ($500.00), or by imprisonment not exceeding six (6) months, or by bothsuch fine and imprisonment when convicted by a court of competent jurisdiction.

 

27-4-413. Inapplicability and exemptions.

 

Theprovisions of W.S. 27-4-401 through 27-4-413, are not applicable where inconflict with federal statutes, rules or regulations relating to prevailingwage determinations. All work and labor performed by prisoners, patients andother inmates of state penal, correctional and charitable institutions and cityor county jails, are exempt from the provisions of this act. All work and laborperformed by workmen regularly employed by the public body are exempt from theprovisions of W.S. 27-4-401 through 27-4-413 if the cost of construction doesnot exceed twenty-five thousand dollars ($25,000.00).

 

ARTICLE 5 - COLLECTION OF UNPAID WAGES

 

27-4-501. Definitions.

 

(a) Whenever used in this act:

 

(i) "Employer" means any individual, partnership,association, joint stock company, trust, corporation, labor organization, the administratoror executor of the estate of a deceased individual, or the receiver, trustee,or successor of any of the same, employing any person;

 

(ii) "Employee" means any person who, under the usualcommon law rules applicable in determining the employer-employee relationship,has the status of an employee;

 

(iii) "Wages" means compensation, including fringebenefits, for labor or services rendered by an employee, whether the amount isdetermined on a time, task, piece, commission, or other basis;

 

(iv) "Department" means the department of employment;

 

(v) "This act" means W.S. 27-4-501 through 27-4-508.

 

27-4-502. Claims for unpaid wages.

 

Thedepartment is hereby empowered to take claims for unpaid wages under theprovisions of W.S. 27-4-101 and 27-4-104. The department in taking a claim forunpaid wages as provided for in this act is not to exceed the sum of fivehundred dollars ($500.00) or two (2) months wages, whichever is the greater,per employee per wage claim.

 

27-4-503. Repealed By Laws 2001, Ch. 162, 2.

 

27-4-504. Investigation and determination of unpaid wage claims;hearing; orders; collection of unpaid wages.

 

(a) Upon receipt of a written claim for unpaid wages, thedepartment shall process, investigate and determine the validity of the claim.

 

(b) If either the employer or employee is aggrieved by thedepartment's determination, the aggrieved party may request a fair hearing. Theaggrieved party must file a written request for hearing within fifteen (15)calendar days of receipt of the department's determination. Upon receipt of atimely submitted request for hearing, the director shall appoint an independenthearing officer to conduct the fair hearing between the employer and employee.The fair hearing shall be conducted pursuant to the Wyoming AdministrativeProcedure Act. The hearing officer's determination shall constitute thedirector's final agency action.

 

(c) Upon a finding by the hearing officer that the unpaid wageclaim is valid and either the time for judicial review has passed or thedecision has been affirmed by final judicial review, the department shall orderthe employer to pay the amount of unpaid wages due. The department's order isnot appealable or subject to judicial review. The department shall, with theassistance of the county attorney, initiate legal proceedings to collect theunpaid wages.

 

(d) An employer's failure to comply with a department's orderis punishable by a civil fine not to exceed two hundred dollars ($200.00) foreach day the employer fails to comply with the order.

 

27-4-505. County attorney to assist in collection of unpaid wages.

 

Insuits commenced under this act where the employer failed to comply with thedepartment's order to pay the unpaid wages due, the department shall refer thematter to the appropriate county attorney for enforcement of the department'sorder.

 

27-4-506. Limitation on attempts to make payment of wages collected;unclaimed wages.

 

Thedepartment shall attempt for a period of not less than four (4) months from thedate of the collection, to make payments of wages collected under this act tothe persons entitled to the wages. Wages collected by the department whichremain unclaimed for a period of more than four (4) months from the date ofcollection, shall be unclaimed property for purposes of W.S. 34-24-101 through34-24-140.

 

27-4-507. Tips and gratuities; unlawful to pay lower wage than thatagreed upon; unlawful to fraudulently fail to pay fringe benefits agreed upon.

 

(a) Tips and gratuities received by an employee or employeesshall be the sole property of such employee or employees and not payable inwhole or in part to the employer or any other person.

 

(b) It shall be unlawful for any employer to pay to anyemployee a lower wage, salary, or compensation than that provided for or agreedupon by (1) a collective bargaining agreement; (2) a contract between theemployer and employee. In no event shall a collective bargaining agreement or acontract provide for compensation lower than any applicable existing statute ofthis state.

 

(c) Whenever an employer has agreed with any employee or hisagent to provide or make payments to a health or welfare fund, pension fund,vacation plan, apprenticeship program, or other such employment benefits, itshall be unlawful for said employer to willfully, or with intent to defraud,fail to make the payments required by the terms of any such agreement.

 

27-4-508. Agreements for reciprocal enforcement; of claim to anotherstate.

 

(a) The department is hereby empowered to enter into agreementswith agencies of other states or the federal government for the reciprocalenforcement and collection of wage claims if those states have a statuteauthorizing the same.

 

(b) In the event the department has taken a wage claim forcollection and the employer against which the claim has been filed has moved toanother state, the department may refer the claim with the written approval ofthe employee to the proper agency of the other state for collection, providedthat there is in existence at the time a reciprocal agreement with the statefor the collection of claims. The department is also authorized to acceptclaims from other states for collection of wages from employers who haveremoved to Wyoming.

 

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