Dealing With Unpaid Wages in Wyoming
My employer hasn't paid me — 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 dealing with unpaid wages?
The federal minimum wage is $7.25 per hour. Your employer must pay you at least this amount for every hour you work. Many states and cities have higher minimum wages — you're entitled to whichever is higher.
Tipped employees have a lower federal minimum ($2.13/hr), but your tips plus wages must equal at least $7.25/hr. If they don't, your employer must make up the difference.
What to Do If Your Employer Pays Below Minimum Wage
Step 1: Know your rate. Check your state and city minimum wage — it's often higher than the $7.25 federal rate.
Step 2: Calculate your actual hourly pay. Divide your total weekly pay by total hours worked. If it's below the minimum, you have a claim.
Step 3: Document everything. Save pay stubs, schedules, and any records of hours worked.
Step 4: File a complaint. Contact the DOL Wage and Hour Division or your state's labor department. Many employment attorneys handle wage cases on contingency.
How Wyoming differs from federal law
Wyoming's state minimum wage is below federal, but the federal minimum applies:
- Wyoming's state minimum wage is technically $5.15/hr, but the federal minimum of $7.25/hr applies to all FLSA-covered workers
- Workers not covered by the FLSA are subject to the lower state rate of $5.15/hr
- Wyoming allows a tip credit — the federal rate of $2.13/hr applies
- Wyoming law does not preempt local wages, but no local jurisdictions have enacted higher rates
- Wyoming is one of only two states with a minimum wage below the federal level
Additional steps in Wyoming
File wage complaints with the Wyoming Department of Workforce Services at (307) 777-7261 or wyomingworkforce.org.
What you should NOT do
Don't accept illegal deductions. Your employer cannot deduct for cash register shortages, breakage, or uniforms if it would bring your pay below minimum wage.
Don't ignore tip credit violations. If you're a tipped employee and your tips + base pay don't reach $7.25/hr, your employer must pay the difference.
Don't sign away your rights. Any agreement to work for less than minimum wage is unenforceable under federal law.
Don't wait — the clock is ticking.
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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.