labor lawAdivision of labor law center

For those that need it, the Wyoming Labor Law Board is a crucial aspect in the work place. This department is one that we all rely on everyday if we live in Wyoming. It provides for the laws that govern us in the way of just about every aspect of employment. For example, those that provide employment in the way of new businesses will find this is a very important board to take into consideration. In addition, those that are employees and work within the state also need this board to regulate what happens there for them. Yet, so few people realize the importance of the Wyoming Labor Law Board.

One of the most important things that the board does is regulate businesses in the way that they provide for their employees. In the state of Wyoming, the minimum wage here is at $5.15. This number is being debated by many throughout Congress as being too low. In this regard, the board will determine if there is a need to raise this rate. Obviously, this will play a substantial role in what happens to those businesses within the state.

In addition to this, they also provide a great deal of information to aid the individual in unemployment help. Although the current unemployment rate within the state is at 3.3 percent, which is considerably lower than that of the national average at 4.8 percent, there is still a great deal of people that need assistance. In providing more than just financial aid, though, the Wyoming Labor Law Board provides the necessary resources needed including employment training, education and even apprenticeships throughout the state.

All of these things play a role in the work place and allow each of us that live here to get the necessary help we need to maintain the lifestyle that we would like to. Yet, so many do not realize the programs and benefits offered by the Wyoming Labor Law Board.

Last 10 posts by Kimberly

• Wyoming State Mandatory Poster - October 2nd, 2006
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1. Posted by: Susan L Bullock

   I recently left the employment of an architect located in Jackson, WY after 12 years working as the Business Manager due to the owner becoming mentally and emotionally abusive towards me over a disagreement that could have been worked out.

   Wyoming Unemployment is denying me benefits since my former employer says that I quit. I feel that the owner’s behavior left it impossible for me to stay. I’ve also requested three (3) weeks of vacation pay and to be paid for the days I worked in December 2009 but have yet to hear back on this matter.

   I left employment due to the hostile environment he created and simply want to be treated fairly. The owner is also aware that I have been subjected to his pornographic e-mails (shared with other male staff) and printing of pornographic materials at my desk - which I’d like to avoid but I want what is fair and need some guidance. Is there anything I can do?

   Thank,
   Susan B.

2. Posted by: Amelia

   Hi Susan! Part of the problem is that this is not a hostile work environment — it is sexual harassment.

   You should contact the EEOC immediately and file a complaint for sexual harassment. This is almost a textbook case of sexual harassment, with the boss exposing you to pornography via email and printing porn on your printer. The EEOC will investigate. If they find merit in your case, they will inform you by letter. At that point, you can either hire your own lawyer to sue the employer, or the EEOC will sue the employer on your behalf. (You don’t have to pay the EEOC attorney, as you would a private lawyer, but they may settle for less than a private attorney would, too.) If the EEOC prevails, there could be a settlement in the thousands of dollars, and you may get your job back.

   It appears that you complained about this sexual harassment, and the employer retaliated against you, which is also illegal.

   This is not a case of a hostile work environment, unless you were treated this way solely because you were female. A hostile work environment exists when an employee is the target of negative behavior due to his or her race, color, sex, national ancestry, etc. (For example, when an African American employee finds a noose in his locker, that is a hostile work environment. The employee is being targeted because other workers do not want someone of his race working there. ) Our impression is that this same behavior would have occurred even if you were a male employee.

   Your unemployment was probably denied because you incorrectly used the term “hostile work environment” rather than “sexual harassment.” You should appeal the unemployment decision. You admit that you quit your job, which normally disqualifies a worker from receiving unemployment benefits. However, in most states, an employee who quits “for good cause” can still collect unemployment. One reason for “good cause” is when any reasonable person of the same race or sex would have quit under the same working conditions. Although we don’t have all the facts, it appears that your termination qualifies under those criteria. You may want to consult an attorney specializing in unemployment, or you may choose to go it alone at the appeal hearing.

   You should file a wage claim with the Wyoming Department of Employment for your unpaid wages for December, and for any vacation time that you were eligible to use on your final day of employment. HTH, and thanks for reading the blogs!~ Amelia

3. Posted by: kristy

   is it right for an employer not to pay for holiday pay in the state of wyoming.

4. Posted by: Amelia

   Hi kristy! There is no Wyoming law that an employer must provide paid holidays for workers. This is entirely a matter of company policy. Some employers can afford to provide such benefits, and others cannot.

   If an employee works on the holiday, he or she must be paid for that time at the usual rate. There is no law that an employer must pay a higher rate on a holiday. HTH and thanks for reading the blogs!~ Amelia

5. Posted by: lavone

   I have a problem with my employer bouncing our payroll checks, this has been going on for 6 months now, she always has a different excuse for this. recently my last paycheck bounced and now I cannot cash my new check, with others that work there as well. I called and left her a message and she still has not returned my call. This is not all she takes money out oif my check each time for health insurance and has not paid that since July, this is money that I could have used but she has taken from me and not paid for my insurence that I could use if needed. The insurence company gave her until Friday to make it right but she has done this to all of her employes. What do I do? or what can I do. I need my job but I cannot keep working for free and lettng her keep taking my money.

6. Posted by: Amelia

   Hi lavone! What your employer is doing is illegal, under both federal and Wyoming minimum wage law. An employee who is paid with a check that bounces, has not been paid. When an employee is paid $0, that is less than the Wyoming or federal minimum wage. Therefore, it is a violation of minimum wage law.

   Taking a deduction for insurance without actually paying the insurance company is also a violation of federal and Wyoming minimum wage law. An employer is legally permitted to withhold money from your check to pay for insurance. They are not legally permitted to withhold money from your paycheck if they do not pay it to the insurance company as promised.

   Therefore, this employer owes you all the unpaid wages and all the insurance deductions since July.

   We are going to recommend that you take 3 steps, and that you do them all as quickly as possible — today or tomorrow.

   1) You need to file a wage dispute with the Wyoming Department of Employment for any unpaid wages. If your paycheck includes overtime, file a wage complaint with the U.S. Department of Labor at http://www.dol.gov instead. Also let the same agency know that insurance premiums have been deducted from your check but not paid to the insurance company. Therefore, you want to file a wage claim for that money as well — it is unpaid wages. (Also encourage other employees to file a wage dispute or wage claim.)

   2) You may need to prove that your current paycheck is not good. One way to do that is to deposit it in an account and let it be returned, but let the DOE or DOL advise you on that.

   3) In almost every state, when an employee quits because the employer is not paying him or her, the employee qualifies for unemployment benefits. Therefore, we would suggest that you stop going to work, apply for unemployment, and spend 40 hours per week looking for a new job. (We don’t advise anyone with a paying job to quit in this economy. But you do not have a paying job — you are working for free.)

   A word to the wise. Usually, when an employer starts acting like this, she is having severe financial problems. Normally, the company goes out of business. When that happens, employees may never receive the wages they are owed. An ethical employer does not act this way. HTH, and thanks for reading the blogs!~ Amelia

   File a wage dispute at: http://doe.wyo.gov/workers/helpfaq/Pages/How%20do%20I%20file%20a%20wage%20dispute%20against%20my%20employer.aspx or with the federal government at http://www.dol.gov.