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Summary of differences between federal and state regulations
The federal Fair Labor Standards Act does not require payment for time not worked, nor does it regulate vacation pay, holiday pay, or other paid time off. These types of benefits are generally a matter of agreement between an employer and an employee (or the employee’s representative). Employers, however, do need to comply with applicable state laws.
Jury duty
Wyoming law doesn’t require employers to pay employees for jury duty.
Paid time off (PTO)
Wyoming law does not require vacation pay. However, if an employer chooses to provide paid time off benefits, it must follow the terms and conditions established in its policy.
When an employee separates employment for any reason, an employer may deny payout of accrued or earned vacation upon separation, but only if the employee has agreed to the employer’s forfeiture policy in writing. Without an employee’s acknowledgment of the policy, or if the policy does not address vacation forfeiture, the employer must payout accrued but unused vacation upon separation.
Respond to subpoena
Wyoming law provides that employers must not change any terms of employment for employees who are victims or witnesses, and take time off to respond to a subpoena.
Voting
Wyoming law allows employees one hour (other than meal times) to vote. This time off for voting doesn’t apply if there are three consecutive nonworking hours to vote. The employee must give notice of leave the day before the day of election and the employer can specify the hour for leave. Deductions of pay are not allowed if the employee actually votes.
State
Contacts
None.
Regulations
Under Section 27-4-501, the term “wages” is defined as follows:
“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 if 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.
Federal
Contacts
None.
Regulations
None.