Wyoming Mandatory Overtime Laws
Posted by Tamara
Wyoming offers few protections for workers under state law. The law does, however, require that workers on public works projects be paid 1.5 times their usual wage when they work over 8 hours in a day, or over 40 hours in a week. This includes projects sponsored by any city, town or county government.
Any adult employee in Wyoming can be compelled to work overtime under the Wyoming mandatory overtime laws. Employers may require an employee to work 12 hours per day, 7 days per week, or more. However, the employer must pay the employee one and one-half times their usual rate for every hour over 40.
Under the Wyoming overtime laws, a number of occupations are exempt from overtime pay. That means that while these employees may be required to work overtime, they do not receive additional pay. This includes salaried supervisors such as assistant store managers, salaried professionals such as pharmacists, administrative professionals such as executive secretaries and commissioned retail sales people. A number of these employees, however, may qualify for overtime pay under the federal FLSA, the Fair Labor Standards Act of 1938.
In 2004, the FLSA was amended to clarify the status of a number of employees under the federal overtime laws. Prior to 2004, a number of nationwide employers tried to circumvent the federal overtime laws by putting assistant managers and others with little authority on salary. The employers assumed that any employee on salary was not entitled to overtime pay, even if he or she spent 50 or 60 hours per week performing manual labor, such as cooking food or waiting on employees.
Several employers have lost very high profile cases involving misclassification of employees. Under the new federal regulations, any employee who earns less than $455 per week, is entitled to overtime. In addition, a number of employees including IT professionals who earn more than $100,000 per year, are not entitled to overtime pay, although they are paid hourly.
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