Recovering Stolen Tips in Wyoming
My employer is taking my tips — here's what Wyoming law says and what to do next.
Statute: Wyo. Stat. § 27-4-104
Deadline: 5 days
Penalty: Employer may be liable for the unpaid wages plus reasonable attorney fees and costs. The Wyoming Department of Workforce Services may also assess penalties
What is recovering stolen tips?
Wage theft is when your employer fails to pay you what you are legally owed. It is the most common labor violation in the United States — the Economic Policy Institute estimates that workers lose more than $50 billion per year to wage theft, exceeding all robberies, burglaries, and auto thefts combined.
Common forms of wage theft include: not paying overtime, paying below minimum wage, stealing tips, forcing off-the-clock work, misclassifying employees as independent contractors, and making illegal deductions from paychecks. The FLSA and state labor laws prohibit all of these practices.
What to Do If Your Employer Is Stealing Your Wages or Tips
Step 1: Keep your own records. Track hours worked, tips received, and pay received. Use a notebook, spreadsheet, or app — any contemporaneous record is valuable evidence.
Step 2: Compare your records against your pay stubs. Look for discrepancies: missing hours, lower tip amounts than you earned, unauthorized deductions, or overtime not paid at 1.5x.
Step 3: Raise the issue with your employer in writing. Email or text creates a documented record. State the specific discrepancy and the amount you believe you are owed.
Step 4: If your employer does not correct the issue, file a complaint with the DOL Wage and Hour Division at 1-866-487-9243 or online at dol.gov. You can also file with your state's labor department, which may have stronger protections.
Step 5: Consult an employment attorney. Many wage theft attorneys work on contingency (no upfront cost). Under the FLSA, you can recover back wages, an equal amount in liquidated damages (double damages), and attorney's fees.
How Wyoming differs from federal law
Wyoming wage theft and tip protections rely primarily on federal law with minimal state additions:
- Tip credit: Wyoming follows the federal tip credit provisions. Employers can pay tipped employees the federal tipped minimum of $2.13/hr as long as tips bring total hourly compensation to at least $7.25/hr. If tips do not make up the difference, the employer must pay the shortfall.
- Tips belong to employees: Under federal law, tips are the property of the employee. Employers cannot retain tips except through valid tip pooling arrangements among employees who customarily receive tips.
- Extremely low state minimum wage: Wyoming's state minimum wage is technically $5.15/hr, but the federal minimum of $7.25/hr applies to FLSA-covered workers. Workers not covered by the FLSA are subject to the lower state rate — one of only two states with a minimum below federal.
- Wage payment (Wyo. Stat. § 27-4-101 et seq.): Employers must pay all wages owed on regular paydays. The Wyoming Department of Workforce Services handles wage complaints.
- Limited enforcement resources: Wyoming's small Department of Workforce Services has limited resources for wage theft investigations. Employees may need to pursue private lawsuits for significant wage theft claims.
Additional steps in Wyoming
Keep records of hours worked and tips received. File wage complaints with the Wyoming Department of Workforce Services at (307) 777-7261 or wyomingworkforce.org. You may also file with the federal DOL at 1-866-487-9243.
What you should NOT do
Don't rely on your employer's time records alone. Employers sometimes alter timekeeping records. Your personal records are admissible evidence and can contradict employer records.
Don't wait too long to file. The FLSA has a 2-year statute of limitations (3 years for willful violations). State deadlines vary. File as soon as you identify a problem.
Don't assume small amounts aren't worth pursuing. Wage theft often accumulates over months or years. A few dollars per shift adds up to thousands. Class action lawsuits are also common for systemic violations.
Don't fear retaliation. It is illegal for your employer to fire, demote, or punish you for filing a wage complaint. If they do, you have an additional retaliation claim.
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Generate your unpaid wages →This page is general legal information for Wyoming, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Wyoming.