Wyoming defers to federal FLSA for tipped wages, requiring a cash wage of $2.13 and a tip credit of $5.12.
Wyoming does not establish a state-specific tipped minimum wage, instead adhering to the federal Fair Labor Standards Act (FLSA) framework. This means employers of tipped employees in Wyoming must pay a cash wage of at least $2.13 per hour, with the remaining $5.12 of the federal minimum wage ($7.25) covered by a tip credit. Teambridge monitors tip thresholds and ensures proper wage calculations to maintain compliance.
WY Tipped Wage: Federal Framework
Wyoming adopts the federal FLSA standard for tipped employees, requiring a $2.13 cash wage and a $5.12 tip credit.
What those rules do as a Wyoming shift is created.
Teambridge integrates Wyoming's adherence to the federal tipped wage framework directly into your payroll and scheduling. This ensures that every shift for a tipped employee is compliant from the moment it's planned, reducing manual oversight and potential errors.
Minimum Cash Wage Enforcement
Teambridge automatically verifies that the scheduled cash wage for any tipped employee meets or exceeds the federal minimum of $2.13 per hour, flagging any discrepancies before a shift begins.
Tip Credit Calculation & Verification
Our system calculates the allowable tip credit ($5.12) and ensures that the combination of cash wage and expected tips (based on historical data or employer input) reaches the federal minimum wage of $7.25 per hour. If actual tips fall short, Teambridge alerts the employer to make up the difference.
Tip Threshold Monitoring
Teambridge monitors individual employee tip earnings to ensure they consistently meet the federal $30 per month threshold for classification as a tipped employee. If an employee regularly falls below this, the system flags the employee for review to prevent misclassification.
Stop worrying about Wyoming wage rules.
Teambridge handles the complexity of Wyoming's federal-aligned tipped wage regulations, so you can focus on your business. Deploy compliance with confidence.
Wyoming adopts federal FLSA standards for tipped employees.
Wyoming law does not establish an independent state minimum wage for tipped employees. Instead, it defers to the federal Fair Labor Standards Act (FLSA) for employers covered by federal law. This means employers must adhere to the federal cash wage and tip credit provisions.
Wyoming Statute § 27-4-202: "Every employer shall pay to each of his employees wages at a rate of not less than five dollars and fifteen cents ($5.15) per hour. This section shall not apply to any employer who is subject to the federal Fair Labor Standards Act of 1938, as amended."
29 U.S. Code § 203(m)(2)(A): "In determining the wage of a tipped employee, the amount paid such employee by his employer shall be deemed to be increased on account of tips by an amount determined by the employer, but not by an amount in excess of the value of the tips actually received by the employee. The amount of the tip credit taken by the employer may not exceed the difference between the minimum wage required by subsection (a)(1) of this section and the cash wage paid to the employee, which cash wage shall be not less than $2.13 per hour."
Federal Framework Application in Wyoming
For employers covered by the FLSA, Wyoming's minimum wage of $5.15 per hour is superseded by the federal minimum wage of $7.25 per hour. Consequently, the federal tipped wage provisions apply directly. This requires employers to pay a minimum cash wage of $2.13 per hour to their tipped employees. The employer may then take a tip credit of up to $5.12 per hour, provided the employee's tips, combined with the cash wage, equal at least the federal minimum wage of $7.25 per hour.
Employer Responsibilities and Tip Credit Limitations
Employers must inform employees of the tip credit provisions and ensure that employees retain all their tips. If an employee's tips, when combined with their $2.13 cash wage, do not reach the federal minimum wage of $7.25 per hour for any workweek, the employer is legally obligated to make up the difference. The tip credit cannot be applied if the employee does not receive at least $30 per month in tips; in such cases, the employee must be paid the full federal minimum wage of $7.25 per hour directly by the employer.
Teambridge navigates Wyoming's federal-aligned tipped wage complexities.
Teambridge automates the intricate calculations and compliance checks required for Wyoming's tipped wage policy, ensuring your business remains compliant without constant manual intervention.
Pre-set for FLSA Compliance
Teambridge's system comes pre-configured with the federal FLSA tipped wage standards for Wyoming, automatically applying the $2.13 cash wage and $5.12 tip credit to relevant employee profiles.
Ensuring Minimum Earnings
Our platform continuously monitors actual tip earnings against the cash wage. If, at any point, an employee's combined earnings fall below the federal $7.25 minimum, Teambridge flags the discrepancy and prompts for employer adjustment.
Preventing Misclassification
The system tracks individual employee tip income to verify the $30 monthly tip threshold. If an employee consistently falls below this, Teambridge alerts you to review their tipped status, preventing potential misclassification issues.
Documenting Compliance
Every calculation, adjustment, and compliance check is meticulously logged, providing a comprehensive audit trail that demonstrates adherence to federal and state wage laws for tipped employees.
People also ask.
What is Wyoming's state minimum wage for non-tipped employees?
While Wyoming Statute § 27-4-202 sets a state minimum wage of $5.15 per hour, for most employers covered by the federal Fair Labor Standards Act (FLSA), the federal minimum wage of $7.25 per hour applies. Therefore, most non-tipped employees in Wyoming must be paid at least $7.25 per hour.
Can an employer take a tip credit if an employee doesn't make enough in tips?
An employer can only take a tip credit if the employee's tips, combined with the employer's direct cash wage ($2.13), equal at least the full federal minimum wage of $7.25 per hour. If the tips fall short, the employer must make up the difference so that the employee's total hourly earnings, including tips, reach $7.25 per hour.
What is the tip threshold for an employee to be considered "tipped" in Wyoming?
Wyoming follows the federal FLSA standard, which requires an employee to customarily and regularly receive more than $30 per month in tips to be classified as a "tipped employee." If an employee does not meet this threshold, they must be paid the full federal minimum wage of $7.25 per hour directly by the employer.
Are tip pooling or tip sharing arrangements allowed in Wyoming?
Wyoming defers to federal FLSA regulations regarding tip pooling. Bona fide tip pooling arrangements are generally allowed among employees who customarily and regularly receive tips (e.g., waiters, bussers, bartenders). However, employers, managers, and supervisors cannot participate in tip pools or keep any portion of employee tips.
Does Wyoming have any specific requirements for notifying employees about tipped wage policies?
While Wyoming doesn't have a state-specific notification requirement, federal FLSA regulations mandate that employers must inform tipped employees about the tip credit provisions, specifically the amount of the cash wage paid, the amount of the tip credit taken, and that all tips received by the employee are to be retained by the employee (except for valid tip pooling arrangements).
What happens if an employer violates Wyoming's (federal) tipped wage laws?
Violations of the FLSA's tipped wage provisions can result in employers being liable for back wages, liquidated damages, and civil money penalties. Employees may also file complaints with the U.S. Department of Labor or pursue private lawsuits to recover unpaid wages and damages.