Minimum wage.

2015
STATE OF WYOMING
15LSO-0169
Numbered
2.1

HOUSE BILL

NO.
HB0024

Minimum wage.

Sponsored by:
Representative(s) Byrd, Connolly and Throne and Senator(s) Esquibel, F.

A BILL

for

AN ACT relating to labor and employment; increasing minimum wages; requiring employers to pay underpaid tipped wages in a specified time; providing a penalty; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 27
‑
4
‑
202(a) and (b)
is
amended to read:

27
‑
4
‑
202
.

Minimum wage rates.

(a)

Every employer shall pay to each of his or her employees wages at a rate of not less than
five dollars and fifteen cents ($5.15)
nine dollars ($9.00)
per hour.

(b)

Effective April 1, 2001 and thereafter,
A
ll employers who employ tipped employees shall not pay less than
two dollars and thirteen cents ($2.13)
five dollars ($5.00)
per hour to his tipped employees. Provided further, if the wage paid by the employer combined with the tips received by the employee during a given pay period does not equal at least the applicable minimum wage as prescribed in subsection (a) of this section, the employer shall pay the difference to the tipped employee.

An employer that does not pay the difference to the tipped employee as required under this subsection within ten (10) days of submission of daily records by the employee is liable for three (3) times the amount due, but in no case less than one hundred dollars ($100.00), plus court costs and reasonable attorney
s
fees.
For the purposes of this act, all "tip" employees shall furnish monthly to their respective employers the daily record of tips required to be kept by "tip" employees under the laws of the United States and upon the forms prescribed by the internal revenue service of the United States treasury department. The daily record of tips shall constitute prima facie proof of the amount of tips received by the employee. Proof of a customary tipping
percentage of sales or service shall also be an admissible form of proof of the amount of tips. A "tip" employee is one who customarily and regularly receives more than thirty dollars ($30.00) a month in tips.

Section 2
.

W.S. 27
‑
4
‑
202(c) is repealed.

Section
3
.

This
act is effective July 1,
2015
.

(END)

1
HB0024