Employment · Wyoming

Can I sue for unpaid overtime in Wyoming?

the short answer

Past 40 hours in a workweek you are owed one and a half times your regular rate. The federal rule counts by the week and not by the day, so an eleven-hour Monday is not overtime if the week stops at 40, and two weeks may not be averaged together. Nothing in it requires extra pay for nights, weekends or holidays.

source ↗Not yet checked against the statute.

everywhere in the u.s.

governing statute29 U.S.C. § 207(a)(1)source ↗Not yet checked against the statute.

penaltyThe unpaid overtime, and an additional equal amount again as liquidated damages. The court must also allow a reasonable attorney's fee and the costs of the action (29 U.S.C. § 216(b)).source ↗Not yet checked against the statute.

limit2 yearssource ↗Not yet checked against the statute.

alsoTwo years to sue, or three if the violation was willful (29 U.S.C. § 255(a)). The clock runs paycheck by paycheck, so every week you wait drops a week off the back of the claim.source ↗Not yet checked against the statute.

in this state

Where do you report unpaid overtime in Wyoming?

free route

The Labor Standards Division of the Department of Workforce Services takes a Claim for Wages, filed online. Filing it authorises the Division to collect the money for you, and to settle for less than the full amount if it cannot get all of it — if it does that you have ten days to object in writing.

source ↗Not yet checked against the statute.

Which court hears a case like this in Wyoming?

which court

Circuit court, small claims

source ↗Not yet checked against the statute.

How much can you sue for in Wyoming small claims court?

small claims limit

$6,000

source ↗Not yet checked against the statute.

exceptions: The limit does not count costs. If the other side turns up with a lawyer, you are entitled to a delay so you can get one too.

source ↗Not yet checked against the statute.

What else should you know in Wyoming?

also

The Division only takes work performed in Wyoming, and it says a very old claim should go to the federal Wage and Hour Division instead — it names the Salt Lake City office by address.

source ↗Not yet checked against the statute.

your situation

That is the rule. Whether it is your answer is a different question.

Everything above is the law as it reaches everyone in Wyoming. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.

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unpaid overtime — state by state →other claims in this state →