Overview. Wyoming has amended the law permitting the time period for the payment of wages upon termination of employment to be at a different time, if specified in a collective bargaining agreement between the employer and the employee.
Details. Federal law does not require employers to give former employees their final payment of wages immediately. Many states, however, have requirements on when former employees must receive their final pay and may require immediate payment.
Wyoming law sets forth the requirements for the final payment of wages to an employee who has quit or is discharged. An employer in the State of Wyoming has until the next regularly scheduled pay date to pay a separating employee all wages owed. This holds true whether the employee quits or is terminated.
The Legislature of the State of Wyoming has amended the law, House Bill 0092, as follows:
Section 1. W.S. 27-4-104(a) is amended to read:
27-4-104. Payment of employee quitting or discharged and suit for wages; generally.
(a) Whenever an employee quits service or is discharged, the employee shall be paid whatever wages are due him in lawful money of the United States of America, or by check or draft which can be cashed at a bank, no later than the employer's usual practice on regularly scheduled payroll dates or at a time specified under the terms of a collective bargaining agreement between the employer and the employee. The employer may offset from any monies due the employee as wages, any sums due the employer from the employee which have been incurred by the employee during his employment. This section does not apply to the earnings of a sales agent employed on a commission basis and having custody of accounts, money or goods of his principal where the net amount due the agent may not be determinable except after an audit or verification of sales, accounts, funds or stocks.
Call to Action. Employer should train HR and payroll practitioners, as well as managers and supervisors, on the amended requirements under the Wyoming law to ensure employees are paid their final wages on the pay day required.
Additional information for House Bill 0092 can be found here.
As always, please contact your Relationship Manager or your Service Team with any questions.