If you are having any type of dispute with your employer regarding your paycheck, it is important you do your research and find out what rights you have. The Labor Standards Office of the Wyoming Department of Workforce Services can educate you and provide information as to what your rights are in relation to your paycheck. If your employer has violated your paycheck rights, you may need to initiate legal action to obtain a remedy.
When must Paychecks be Sent out Under Wyoming Law?
In Wyoming, you should receive a paycheck semimonthly. While this is a basic requirement, your employer can also choose to pay you more often if they want to. This law applies in the same way for both salaried and hourly employees. Furthermore, if you work for a mining, railroad, refinery, or prospecting company, or if you work at a job that produces oil or gas or a factory, mill or workshop, your paydays should fall on the first and fifteenth of each month.
What Happens to My Paycheck If I Am Fired in Wyoming?
If you have been fired or if you have quit, you are owed your last paycheck by the next scheduled payday. In the state of Wyoming, if you earned legimate paid vacation benefits according to your company’s policy, you have a right to a payout for any unused vacation days when you leave. The laws requiring financial compensation for paid time off apply whether you quit or were terminated.
Can My Paycheck be Garnished According to Wyoming Law?
If you damaged property or items as a result of being negligent on the job, your employer can deduct that cost from your paycheck through a process called wage garnishment. However, your employer will have to go through the court process first; from there, the court will have to conclude that you caused the damage through negligence.
If your employer attempts to garnish your wages for the damaged property, but they have already received money from an insurance company, then you can only be responsible for either $250 or the deductible, whichever is cheaper. Alternatively, another option is that you can offer to pay for the damages on your own and avoid a court proceeding.
Generally, before your income can be subject to garnishment for a personal debt, your creditor has to sue you and win a court judgment against you. After they obtain the judgment, your creditor will have the authority from the court to have your paycheck garnished until the debt is paid off.
On the other hand, for certain types of debt, the creditor does not need to procure a court judgment before they automatically take payments from your wages as payment. This exception exists only for specific types of debts, including child support, unpaid taxes, and defaulted student loans.
Can I Recover a Withheld Paycheck from a Wyoming Employer?
Your employer does not have the right to withhold your salary or the right to refuse to provide you with your paycheck. If you are having legal issues or disputes receiving your pay, you can file a Claim for Wages with the Wyoming Department of Workforce Services’ Labor Standards Office.
You may also need to file a wage and hour lawsuit if your paycheck is incomplete, especially if this has happened several times in the past. This will allow the court to conduct an investigation to determine the cause of the violation, as well as a remedy for the affected employee(s).
In most instances, the issue involves the number of hours worked, the employee’s wage rate, overtime laws, or other similar wage issues. The lawsuit may be filed as a class action suit if many employees have been affected by the wage issues.
Does Wyoming Law Protect from Employment Discrimination?
Employers in Wyoming are prohibited from discriminating against employees and against future candidates for employment. For instance, they are not allowed to provide preferential treatment for one group over another based on race, sex, age, national origin, religion, political affiliation, and other characteristics. This also includes the person’s pregnancy status, as well as any legally-recognized medical condition.
Cases involving employment discrimination are processed and handled by the Equal Employment Opportunity Commission (EEOC). The EEOC will investigate the matter and prescribe a legal remedy. Only after the employee has exhausted their remedies with the EEOC can they file a private lawsuit for damages (for instance, if the EEOC’s remedy is not satisfactory).
What Else do I Need to Know About Wyoming’s Paycheck Law?
Your employer can require you to pay for uniforms or company equipment and deduct that amount from your paycheck. However, in order for the deduction to be legal, certain requirements must be met, which include:
- The item must be assigned to you for the entire time you work there;
- There must be a receipt or written acknowledgement of the purchase;
- The item must be necessary for your job; and
- You must take the item or property with you when you leave your job.
Where can I Find the Right Lawyer to Help with My Paycheck Issue in Wyoming?
The assistance of an employment lawyer can be crucial whenever you find yourself having to defend your right to your paycheck. Thus, it may be in your best interests to hire a Wyoming employment lawyer as soon as you suspect your employer of violating your rights.