Current Minimum Wage on Tipped Workers in Wyoming

1. What is the current minimum wage for tipped workers in Wyoming?


The current minimum wage for tipped workers in Wyoming is $2.13 per hour.

2. Is there a difference between the tipped minimum wage and regular minimum wage in Wyoming?


Yes, Wyoming has a tipped minimum wage of $2.13 per hour, which is lower than the regular minimum wage of $7.25 per hour. However, if an employee’s tips combined with the tipped minimum wage do not equal at least the regular minimum wage, the employer is required to make up the difference.

3. How much do tipped workers make per hour in Wyoming?


The tipped minimum wage in Wyoming is $2.13 per hour, which is the federal minimum for tipped workers. However, if the employee’s tips do not bring their total hourly wage up to at least the state minimum wage of $5.15 per hour, the employer is required to make up the difference. This means that tipped workers can potentially make anywhere from $2.13 to $5.15 per hour in Wyoming, depending on their tips and how much their employer contributes towards their wages.

4. Has the minimum wage for tipped employees increased in Wyoming recently?


Yes, the minimum wage for tipped employees in Wyoming was increased to $5.15 per hour on January 1, 2020. This is up from the previous rate of $2.13 per hour, which had been in effect since 1996.

5. Are there any pending changes to the tipped minimum wage in Wyoming?

At this time, there are no pending changes to the tipped minimum wage in Wyoming. The current tipped minimum wage is $2.13 per hour, which mirrors the federal tipped minimum wage set by the Fair Labor Standards Act (FLSA). However, the state does have a higher regular minimum wage of $5.15 per hour. Employers are required to pay their employees whichever rate is higher – the state or federal minimum wage.

6. Can a tipped worker afford a living wage in Wyoming?


It is difficult for tipped workers to afford a living wage in Wyoming, as the state’s minimum wage for tipped workers is only $5.15 per hour, which is significantly lower than the federal minimum wage of $7.25 per hour. This means that tipped workers in Wyoming are heavily reliant on tips from customers to make a living, as their base wage is not enough to cover basic living expenses such as housing, food, and healthcare.

According to the MIT Living Wage Calculator, the living wage for a single adult in Wyoming is $10.72 per hour, which is more than double the state’s minimum wage for tipped workers. Even with tips included, it may be difficult for a tipped worker to reach this living wage.

Additionally, tipped workers often face unstable work schedules and fluctuations in tips due to factors such as seasonality and customer spending habits. This can make it even more challenging for them to budget and cover their necessary expenses.

Overall, it can be very difficult for a tipped worker in Wyoming to afford a living wage, and many may struggle to make ends meet despite working full-time hours. Legislation that raises the minimum wage for tipped workers and provides greater stability in work hours could help alleviate this issue.

7. How does Wyoming’s minimum wage for tipped employees compare to neighboring states?


Wyoming’s minimum wage for tipped employees is $5.15 per hour, which is the same as the federal tipped minimum wage. This is lower than the minimum wage for tipped employees in all of Wyoming’s neighboring states.

Colorado has a minimum wage for tipped employees of $8.98 per hour, Idaho has a minimum wage of $3.35 per hour plus tips, Montana has a tip credit limit of $4 per hour (meaning employers can pay their tipped employees at least $8.30 per hour), Nebraska has a minimum wage for tipped employees of $2.13 per hour plus tips, South Dakota has a minimum wage for tipped employees of $4.23 per hour, and Utah has a tip credit limit of $7.25 per hour (meaning employers can pay their tipped employees at least $2.13 per hour).

Overall, Wyoming’s minimum wage for tipped employees is significantly lower than the surrounding states’ minimum wages for tipped workers. This could potentially impact the livelihoods and financial stability of these workers compared to those in neighboring states with higher rates.

8. Are employers required to make up the difference if a tipped worker’s wages fall below the standard minimum wage in Wyoming?


Yes, employers in Wyoming are required to make up the difference if a tipped worker’s wages, including tips and direct cash wages, fall below the standard minimum wage. The minimum wage for tipped workers in Wyoming is $5.15 per hour, but if their tips do not bring their total hourly wage up to the state’s standard minimum wage of $7.25 per hour, the employer must make up the difference. This is known as the “tip credit” provision and applies to all tipped employees, including servers, bartenders, and other service staff.

9. Do cities within Wyoming have their own separate tipped minimum wage rates or is it consistent throughout the state?


The tipped minimum wage rate in Wyoming is consistent throughout the state at $5.15 per hour. Cities within Wyoming do not have their own separate tipped minimum wage rates.

10. Has there been any discussion of increasing the minimum wage for tipped employees in Wyoming?


There is currently no legislation or discussions about increasing the minimum wage for tipped employees in Wyoming. The minimum wage for tipped employees in Wyoming is $2.13 per hour, which is the same as the federal minimum wage for tipped employees. However, if an employee’s tips combined with their hourly wage do not equal at least $7.25 per hour, the employer is required to make up the difference. Employees are also entitled to keep all tips they receive and cannot be required to share tips with non-tipped employees.

11. Does Wyoming have a different minimum wage for servers versus other types of tipped workers?


Wyoming does not have a separate minimum wage for servers or other tipped workers. The minimum wage for all employees, including tipped workers, is the same.

12. How does Wyoming’s current tipped employee minimum wage compare to federal standards and neighboring states’ rates?


Wyoming’s current tipped employee minimum wage is $2.13 per hour, which is the same as the federal standard. However, neighboring states like Colorado and Utah have a higher tipped minimum wage of $8.98 and $2.13 (plus tips) respectively. Wyoming’s other neighboring states, Montana and South Dakota, do not have a separate tipped minimum wage and instead require employers to pay the full minimum wage to all employees, regardless of whether they receive tips. Overall, Wyoming’s tipped employee minimum wage is lower than that of many other states in the region.

13. In Wyoming, are employers allowed to use tips towards fulfilling their obligation to pay the standard minimum wage for employees?

Yes, according to the Wyoming Department of Workforce Services, employers in Wyoming are allowed to use tips towards fulfilling their obligation to pay the standard minimum wage for employees. However, if an employee does not earn enough in tips to equal the state or federal minimum wage, the employer must make up the difference.

14. Is there a plan to increase the tip credit percentage in Wyoming, which currently has one of the lowest rates nationwide?


There is currently no plan to increase the tip credit percentage in Wyoming. However, it is possible that the state legislature or local governments may consider proposals to change the rate in the future.

15. Are there exemptions from paying the state’s established tip credit rate for certain industries or professions in Wyoming?


Yes, there are exemptions from paying the state’s established tip credit rate for certain industries or professions in Wyoming. These exemptions include:

1. Tipped employees working in agricultural occupations and establishments
2. Tipped employees who primarily serve and receive tips from customers on a voluntary basis at nonprofit organizations, such as churches, schools, and hospitals
3. Tipped employees employed by resorts or seasonal recreational businesses where such employees are not entitled to the legal minimum hourly wage due to their service being incidental to lodging or other services provided by the establishment
4. Car wash attendants and bus persons may be paid 85% of the minimum wage if they regularly receive tips.
5. Disabled workers who have been issued a special wage certificate from the Department of Labor authorizing payment of subminimum wages

Employers must ensure that all their tipped employees meet these exemption criteria before using the tip credit rate for their wages.

16. Can legislators override local laws regarding the establishment of a separate tipped worker minimum wage rate in [State?


Yes, legislators can override local laws regarding the establishment of a separate tipped worker minimum wage rate in [State]. In some states, such as [State], state laws preempt any local regulations on wages and benefits. This means that local governments cannot establish a separate minimum wage for tipped workers within their jurisdiction. Any changes to the minimum wage for tipped workers must be done at the state level. However, in other states, such as [State], local governments have the authority to set their own minimum wage rates, including for tipped workers. In these cases, state legislators would not be able to override a local law regarding a separate tipped worker minimum wage rate. Ultimately, whether or not legislators can override local laws in [State] will depend on the specific laws and regulations in place for those jurisdictions.

17. Has Wyoming recently adjusted its tip pooling laws affecting server wages?


Yes, Wyoming recently passed a new law in 2019 that allows employers to require tipped employees to participate in a tip pooling arrangement. Under this law, the employer must distribute all tips to tipped employees on an equal basis, with the exception of a contribution to a valid tip pool by a person who does not normally receive tips for services rendered in the same event or arrangement. Employers are also required to provide written notice of the tip pooling policy to employees and must keep accurate records of all tips received and distributed. This law went into effect on July 1, 2019.

18. How do Wyoming’s current hourly wages for non-tipped workers compare with those applied specifically to restaurant personnel?


According to the U.S. Bureau of Labor Statistics, the current minimum wage in Wyoming for non-tipped workers is $5.15 per hour. This is significantly lower than the federal minimum wage of $7.25 per hour.

For tipped workers who receive more than $30 per month in tips, the minimum wage in Wyoming is $2.13 per hour. However, employers are required to make up the difference if their employees do not earn enough in tips to meet the state or federal minimum wage.

Specifically for restaurant personnel, there is no separate minimum wage set by the state of Wyoming. They are subject to the same minimum wages as non-tipped workers, unless they receive enough tips to meet or exceed the regular minimum wage.

In comparison, some states have a separate minimum wage for tipped workers, which can be lower than the regular minimum wage but higher than Wyoming’s tipped worker rate. For example, in Alaska and California, tipped workers have a minimum wage of $10.19 and $12 respectively.

Overall, Wyoming’s current hourly wages for non-tipped workers are relatively low compared to other states and also apply to restaurant personnel.

19. In Wyoming, are separate restaurants and other establishments categorized differently with regards to applying differing hourly rates for employees who receive tips?


Yes, restaurants and other establishments in Wyoming are categorized differently for the purposes of determining minimum wage and hourly rates for employees who receive tips. Restaurants, hotels, motels, and campgrounds fall under the category of “Employers with Tipped Employees” and are allowed to pay a lower hourly rate ($5.15) as long as their employees make at least $2.13 per hour in tips. Other employers fall under the category of “Employers without Tipped Employees” and are required to pay the standard minimum wage of $7.25 per hour.

20 Where can I access (or has anyone correlated) information about how each of the US states and territories have approached minimum wage laws for tipped workers?


The National Employment Law Project (NELP) has compiled information on state and local minimum wage laws for tipped workers. This can be found on their website at https://www.nelp.org/publication/tipped-wage-laws-state-info/. Additionally, the United States Department of Labor maintains a database of state minimum wage laws, which includes information on tipped worker wages, at https://www.dol.gov/agencies/whd/state. Other organizations such as the Economic Policy Institute (EPI) also provide resources and analysis on state tipped minimum wage laws. It may also be helpful to conduct specific searches for each individual state’s labor department or agency website for more detailed information.