Wyoming Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act

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Section 16(b) of Fair Labor Standards Act is found in 29 U.S.C. 201, et seq. The Fair Labor Standards Act (FLSA) is a federal act that is sometimes referred to as the minimum wage law. It also deals with child labor, overtime pay requirements, and equal pay provisions. to be shipped in interstate commerce. Coverage of the FLSA is very broad. Almost all businesses could be said to be involved in interstate commerce in some way. Exemptions to the Act are very specifically defined.


A corporate employer obviously can be liable under the Act, but individual officers can also be held liable. Anyone who actively participates in the running of the business can be liable. Payment of unpaid wages plus a penalty is the usual penalty for violation of the minimum wage or overtime provisions of the Act. However, fines of up to $10,000 and/or imprisonment for up to six months are possible for willful violations. A willful violation of the Act occurs when you know that you are clearly violating the Act but do it anyway.


Enforcement of the FLSA can result from an employee filing a complaint with the Wage and Hour Dept. of the Department of Labor or by the Dept. of Labor initiating its own investigation. Random audits are not uncommon, but audits generally result from a formal or informal complaint of an employee. Employers are prohibited by the FLSA from firing an employee for making a complaint or participating in a Dept. of Labor investigation.


The FLSA requires that nonexempt employees be paid 1.5 times their regular rate of pay for time work in excess of 40 hours. Salaried employees also are entitled to overtime payment unless they come under one of the white collar exemptions. To compute overtime payment due to a salaried employee, you divide their regular wage (figured as a weekly wage) by the number of hours they normally work in a week and then multiply it by 1.5 to get the amount they would receive for hours worked in excess of 40.

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FAQ

State law provides time and one-half overtime pay for all laborers, workmen, or mechanics employed upon any public works project of the state of Wyoming, or of any county, city, town, or of any political subdivision thereof for work in excess of eight hours in a day, or 40 hours in one week; however, an employee may ...

Wyoming Labor Laws Guide Wyoming Labor Laws FAQWyoming minimum wage$5.15Wyoming overtime laws1.5 times the rate of regular pay after working 40 hours in a workweek $10.88 per hour for minimum wage workers under federal provisions $7.72 per hour for minimum wage workers under state provisions1 more row

Final Payments The State of Wyoming requires an employer to issue a final paycheck to an employee who resigns or is discharged no later than the employer's usual practice on regularly scheduled payroll dates. Wyo. Stat. § 27-4-104.

(a) All firms, corporations or employers of any kind who are nonresident employers and expect to pay wages in the state of Wyoming in excess of ten thousand dollars ($10,000.00) monthly or one hundred twenty thousand dollars ($120,000.00) annually as a result of conducting business within Wyoming, are required to file ...

It is illegal to not pay overtime to hourly, or non-exempt, employees if they work more than 40 hours in a workweek. These employees are legally owed 1.5x their regular rate of pay for any overtime hours worked, ing to the Fair Labor Standards Act (FLSA).

Under the Wyoming Fair Employment Practices Act, employers are prohibited from refusing to hire or promote, terminating, demoting, or otherwise discriminating against an individual with respect to compensation or terms, conditions, or privileges of employment based on race or color.

Overtime Laws in Wyoming However, many employees in Wyoming will receive overtime pay based on the federal Fair Labor Standards Act (FLSA). ing to this law, "non-exempt" employees receive at least 1.5 times their regular rate of pay when working more than 40 hours in a workweek.

Wyoming does not have any rules regarding overtime, but federal law requires employers to pay non-exempt employees an overtime rate of 1 ½ their regular rate for all hours worked in a workweek in excess of 40.

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Wyoming Complaint to Recover Overtime Compensation or Wages in State Court under Section 16(b) of Fair Labor Standards Act