Wyoming · 27 · statute
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sha256 c131a406d44bf2e556500c4ca8de7ccc3c6334cdc4d02c5e31ceabc25293b47a
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Any workman who shall be paid for his services a sum less than the stipulated rates for work done under the contract, shall have a right of action for whatever difference there may be between the amount so paid and the rates provided by the contract, and shall be entitled to a reasonable attorney fee if successful.
Propose a changeAny officer, agent or representative of any public body who willfully violates, or omits to comply with any of the provisions of this act, and any contractor or subcontractor, or agent or representative thereof, doing public work who intentionally or willfully neglects to keep an accurate record of the names, occupation and actual wages paid to each workman employed by him, in connection with the public work, or who intentionally or willfully refuses to allow access to same at any reasonable hour to any person authorized to inspect same under this act, or who intentionally or willfully has failed to pay the prevailing hourly rate of wages, shall be punished by a fine not exceeding five hundred dollars ($500.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment when convicted by a court of competent jurisdiction.
Propose a changeThe provisions of W.S. 27-4-401 through 27-4-413, are not applicable where in conflict with federal statutes, rules or regulations relating to prevailing wage determinations. All work and labor performed by prisoners, patients and other inmates of state penal, correctional and charitable institutions and city or county jails, are exempt from the provisions of this act. All work and labor performed by workmen regularly employed by the public body are exempt from the provisions of W.S. 27-4-401 through 27-4-413 if the cost of construction does not exceed twenty-five thousand dollars ($25,000.00).
Propose a change(a) Whenever used in this act: (i) "Employer" means any individual, partnership, association, joint stock company, trust, corporation, labor organization, the administrator or 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 usual common law rules applicable in determining the employer-employee relationship, has the status of an employee; (iii) "Wages" means compensation, including fringe benefits, for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission, or other basis, but does not include the value of vacation leave accrued at the date of termination if the written policies of the employer provide that accrued vacation is forfeited upon termination of employment and the written policies are acknowledged in writing by the employee; (iv) "Department" means the department of workforce services; (v) "This act" means W.S. 27-4-501 through 27-4-508.
Propose a change(a) The department is hereby empowered to take claims for unpaid wages under the provisions of W.S. 27-4-101 and 27-4-104. The department in taking a claim for unpaid wages as provided for in this act is not to exceed the maximum amount specified in section 507(a)(4) of title 11, United States Code for claims arising out of bankruptcy or two (2) months wages for any claims not arising out of bankruptcy, per employee per wage claim. (b) It shall be an unlawful employment practice for any employer to discharge, harass, discipline or in any other manner discriminate against any employee because the employee filed a claim for unpaid wages or made any other complaint or instituted or caused to be instituted any proceeding under or related to this act or testified, assisted or participated in any manner in an investigation, proceeding or hearing under this act. Any employer who violates the provisions of this subsection shall be liable for legal or equitable relief as may be appropriate to effectuate the purposes of this act including continued employment, reinstatement, promotion and the payment of wages lost and an additional equal amount as liquidated damages.
Propose a changeRepealed By Laws 2001, Ch. 162, §2.
Propose a change(a) Upon receipt of a written claim for unpaid wages, the department shall process, investigate and determine the validity of the claim. (b) If either the employer or employee is aggrieved by the department's determination, the aggrieved party may request a fair hearing. The aggrieved party must file a written request for hearing within fifteen (15) calendar days of receipt of the department's determination. Upon receipt of a timely submitted request for hearing, the director shall appoint an independent hearing officer to conduct the fair hearing between the employer and employee. The fair hearing shall be conducted pursuant to the Wyoming Administrative Procedure Act. The hearing officer's determination shall constitute the director's final agency action. (c) Upon a finding by the hearing officer that the unpaid wage claim is valid and either the time for judicial review has passed or the decision has been affirmed by final judicial review, the department shall order the employer to pay the amount of unpaid wages due. The department's order is not appealable or subject to judicial review. The department shall, with the assistance of the county attorney, initiate legal proceedings to collect the unpaid wages in the court having jurisdiction based on the total amount of unpaid wages due. (d) An employer's failure to comply with a department's order is punishable by a civil fine not to exceed two hundred dollars ($200.00) for each day the employer fails to comply with the order.
Propose a changeIn suits commenced under this act where the employer failed to comply with the department's order to pay the unpaid wages due, the department shall refer the matter to the appropriate county attorney for enforcement of the department's order.
Propose a changeThe department shall attempt for a period of not less than four (4) months from the date of the collection, to make payments of wages collected under this act to the persons entitled to the wages. Wages collected by the department which remain unclaimed for a period of more than four (4) months from the date of collection, shall be unclaimed property for purposes of W.S. 34-24-101 through 34-24-140.
Propose a changethan that agreed upon; unlawful to fraudulently fail to pay fringe benefits agreed upon. (a) Tips and gratuities received by an employee or employees shall be the sole property of such employee or employees and not payable in whole or in part to the employer or any other person. (b) It shall be unlawful for any employer to pay to any employee a lower wage, salary, or compensation than that provided for or agreed upon by (1) a collective bargaining agreement; (2) a contract between the employer and employee. In no event shall a collective bargaining agreement or a contract provide for compensation lower than any applicable existing statute of this state. (c) Whenever an employer has agreed with any employee or his agent to provide or make payments to a health or welfare fund, pension fund, vacation plan, apprenticeship program, or other such employment benefits, it shall 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.
Propose a change(a) The department is hereby empowered to enter into agreements with agencies of other states or the federal government for the reciprocal enforcement and collection of wage claims if those states have a statute authorizing the same. (b) In the event the department has taken a wage claim for collection and the employer against which the claim has been filed has moved to another state, the department may refer the claim with the written approval of the employee to the proper agency of the other state for collection, provided that there is in existence at the time a reciprocal agreement with the state for the collection of claims. The department is also authorized to accept claims from other states for collection of wages from employers who have removed to Wyoming.
Propose a change(a) The period of employment of state and county employees is eight (8) hours per day and forty (40) hours per week which constitute a lawful day's and week's work respectively. (b) Except for employees whose maximum salary is remitted by statute, any state or county employee may be compensated at a rate one and one-half (1 1/2) times their regular compensation for each hour of service required to be performed in excess of eight (8) hours per day and forty (40) hours per week. If overtime compensation is paid pursuant to this section, no additional benefits, including compensatory time off, shall be allowed to the employee receiving the overtime compensation. (c) Overtime compensation may only be authorized by the appropriate employing governing body subject to the following: (i) For employees of the executive branch of state government, pursuant to rules and regulations of the human resources division of the department of administration and information. The human resources division shall specify what employees may receive overtime compensation, may require notification of an intent to pay overtime compensation preceding rendering of the additional services, and may prescribe any other limitations deemed desirable; (ii) For employees of the legislative branch of state government, pursuant to rules and regulations of the management council of the legislative service office or resolution of the legislature; (iii) For employees of the judicial branch of state government, pursuant to rules and regulations of the Wyoming supreme court; (iv) For county employees, pursuant to rules and regulations of the respective boards of county commissioners.
Propose a change(a) The lawful working day in all underground mines is eight (8) hours per day, except: (i) In case of emergency; (ii) By mutual agreement between an employer and employee or employees' representative for a longer period of employment, but not to exceed sixteen (16) hours in any twenty-four (24) hour period.
Propose a changeRepealed by Laws 1979, ch. 87, § 4.
Propose a changeRepealed by Laws 1979, ch. 87, § 4.
Propose a changeRepealed by Laws 1979, ch. 87, § 4.
Propose a changeRepealed by Laws 1979, ch. 87, § 4.
Propose a changeRepealed by Laws 1979, ch. 87, § 4.
Propose a changeAny employer who takes or threatens punitive action against any employee who refuses to work more than eight (8) hours in any twenty-four (24) hour period, except as provided by W.S. 27-5-102, is guilty of a misdemeanor and subject to the penalty provided by W.S. 27-5-110.
Propose a change(a) As used in this act: (i) "Emergency" means any condition which, if not corrected immediately, will jeopardize: (A) Human life; or (B) Property. (ii) "Employer" means any owner, lessee, agent, operator or manager of any underground mine; (iii) "Punitive action" means to discharge, suspend or reprimand or threaten to discharge, suspend or reprimand, or diminish or threaten to diminish in any way any person's position or salary for refusing to work more than eight (8) hours in any twenty-four (24) hour period, in other than an emergency situation; (iv) "Working day" means eight (8) hours of employment in any twenty-four (24) hour period; (v) "This act" means W.S. 27-5-102, 27-5-108, 27-5-109 and 27-5-110.
Propose a changeAny person who violates any of the provisions of this act is guilty of a misdemeanor and upon conviction, for each offense, shall be punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment for not more than six (6) months, or both.
Propose a changeRepealed by Laws 1996, ch. 8, § 1.
Propose a changeRepealed by Laws 1996, ch. 8, § 1.
Propose a changeRepealed by Laws 1996, ch. 8, § 1.
Propose a changeRepealed by Laws 1996, ch. 8, § 1.
Propose a changeRepealed by Laws 1996, ch. 8, § 1.
Propose a changeRepealed by Laws 1996, ch. 8, § 1.
Propose a changeIt shall be unlawful for any person, firm or corporation to employ, permit or allow any child under the age of fourteen (14) years to work at any gainful occupation except farm, domestic or lawn and yard service. To ensure that a child is of proper age to be employed under this section, every person, firm or corporation employing a child under sixteen (16) years of age shall procure and have on file where the child is employed, a form of proof of age as required under W.S. 27-6-108; provided however that under no circumstances shall any child under sixteen (16) years of age be employed in any occupation listed in W.S. 27-6-112 or in any occupation declared by the department of workforce services to be hazardous for children under sixteen (16) years of age.
Propose a change(a) The proof of age required by W.S. 27-6-107 shall be made available for inspection by any official charged with the enforcement of laws regulating the employment of minors. The acceptable forms of proof of age include the following: (i) A duly attested birth certificate; (ii) A properly prepared immigration and naturalization form I-9 showing the age of the child; or (iii) Any other document showing the age of the child as approved by the department of workforce services. (b) Repealed By Laws 1997, ch. 182, § 2. (c) Repealed By Laws 1997, ch. 182, § 2.
Propose a changeRepealed By Laws 1997, ch. 182, § 2.
Propose a change(a) No child under sixteen (16) years of age shall be employed, permitted or suffered to work at any gainful occupation except farm or domestic service, for more than eight (8) hours in any twelve (12) hour period, or before the hour of five (5:00) o'clock a.m. or after the hour of ten (10:00) o'clock p.m. on nights followed by a school day, or after the hour of twelve (12:00) midnight on days which are not followed by a school day. (b) Provided however that children between the ages of fourteen (14) and sixteen (16) years who are not enrolled in school may be employed at any gainful occupation for an eight (8) hour period between the hours of five (5:00) a.m. and twelve (12:00) midnight of any one (1) day.
Propose a changeNo child under the age of sixteen (16) who is enrolled in any private or public school in the state of Wyoming shall be employed, permitted, or suffered to work at any occupation or service during the time that the classes of said school in which the said child is enrolled are in session.
Propose a change(a) No child under sixteen (16) years of age shall be employed, permitted, or allowed to work at, in, or in connection with any of the following occupations, or at any of the following kinds of work except for the purpose of instruction in the public schools: (i) The operation of or working on heavy construction equipment; (ii) Employment requiring contact with or exposure to explosives or dangerous chemicals; or in any other occupation declared by the department of workforce services as hazardous, for the employment of children under sixteen (16) years of age. (b) The department of workforce services is hereby authorized to declare any occupation hazardous for the employment of children under sixteen (16) years of age.
Propose a change(a) Any person employing any child or children in violation of the provisions of this chapter, or any child, subject hereto, who willfully and intentionally violates the provisions of this chapter, or any person who permits a violation, is guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than one hundred (100) days, or both. (b) Nothing in this chapter applies to or prevents a child under fourteen (14) years of age to be employed in a nonhazardous occupation outside of school hours by his parents, grandparents or legal guardian, or by a business owned by his parents, grandparents or legal guardian.
Propose a change(a) It is unlawful for any person having the care, custody or control of any child under the age of sixteen (16) years to: (i) Exhibit, use or employ that child: (A) As an actor or performer in any concert hall or room where alcoholic liquors and malt beverages are sold or given away except as provided in subsection (b) of this section; (B) For any illegal or immoral purpose; (C) For any business or in any place, situation, exhibition or vocation injurious to the morals, health or safety of the child. (ii) Cause, procure or encourage a child to engage in any practice specified in paragraph (a)(i) of this subsection. (b) Nothing in this section applies to or prevents: (i) The employment or use of any child as: (A) A singer or musician in any church, school or academy; (B) A dishwasher, busboy or delivery person in a place where alcoholic liquors and malt beverages are sold. (ii) The teaching or learning of the science or practice of music; (iii) The physical development of a child's body in any respectable gymnasium or natatorium; (iv) Children from taking part in amateur entertainments or theatricals for charity, or not for profit, in schools, churches, settlement houses or boys' or girls' clubs.
Propose a changeRepealed by Laws 1996, ch. 8, § 1.
Propose a changeRepealed by Laws 2019, ch. 137, § 2.
Propose a changeIt is hereby declared to be the policy of the state of Wyoming that workers have the right to organize for the purpose of protecting the freedom of labor, and of bargaining collectively with employers of labor for acceptable terms and conditions of employment, and that in the exercise of the aforesaid rights, workers should be free from the interference, restraint or coercion of employers of labor, or their agents in any concerted activities for their mutual aid or protection.
Propose a changeNo court of the state of Wyoming shall have jurisdiction to issue any restraining order or temporary or permanent injunction contrary to the public policy declared in this chapter.
Propose a change(a) No court of the state of Wyoming shall have jurisdiction to issue any restraining order or temporary or permanent injunction in any case involving or growing out of any labor dispute to prohibit any person or persons participating or interested in such dispute from doing, whether singly or in concert, any of the following acts: (i) Ceasing or refusing to perform any work or to remain in any relation of employment; (ii) Becoming or remaining a member of any labor organization or of any employer organization; (iii) Paying or giving to, or withholding from, any person participating or interested in such labor dispute, any strike or unemployment benefits or insurance, or other moneys or things of value; (iv) By all lawful means aiding any person participating or interested in any labor dispute who is being proceeded against in, or is prosecuting, any action or suit in any court of the United States or of any state; (v) Giving publicity to the existence of, or the facts involved in, any labor dispute, whether by advertising, speaking, patrolling, or by any other method not involving fraud or violence; (vi) Assembling peaceably to act or to organize to act in promotion of their interests in a labor dispute; (vii) Advising or notifying any person of an intention to do any of the acts heretofore specified; (viii) Agreeing with other persons to do or not to do any of the acts heretofore specified; and (ix) Advising, urging, or otherwise causing or inducing without fraud or violence the acts heretofore specified, regardless of any such undertaking or promise.
Propose a change