ORIGINAL SENATE                                          

FILE   NO.  0036

 

ENROLLED ACT NO. 5,  SENATE

 

FIFTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING

2001 GENERAL SESSION

 

 

 

 

AN ACT relating to the state minimum wage; increasing the
state minimum wage to be consistent with the current
federal minimum wage; repealing conflicting provisions; and
providing for an effective date.

 

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

 

Section 1.  W.S. 27-4-202 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 one dollar and
forty cents ($1.40) per hour from June 1, 1971, to December
31, 1971; one dollar and fifty cents ($1.50) per hour from
January 1, 1972 to December 31, 1972; and one dollar and
sixty cents ($1.60) per hour, thereafter five dollars and
fifteen cents ($5.15) per hour.

 

(b)  For the purpose of this law, in determining the
wage rate of a tipped employee, the amount paid such
employee by his employer shall be deemed to be increased on
account of tips received by an employee by an amount not in
excess of fifty percent (50%) of the applicable minimum
wage. Provided, however, in all cases the minimum wage paid
by an employer to his employee shall not be less than one
dollar and ten cents ($1.10) per hour effective June 1,
1971 and thereafter. Effective April 1, 2001 and
thereafter, all employers who employ tipped employees shall
not pay less than two dollars and thirteen cents ($2.13)
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

 

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difference to the tipped employee. 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.
Said The daily record of tips shall constitute prima facie
proof of the amount of tips received by such an 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 twenty dollars ($20.00) thirty
dollars ($30.00) a month in tips.

 

(c)  In lieu of the rate prescribed in subsection (a)
of this section, any employer may pay any employee who has
not attained the age of twenty (20) years a wage which is
not less than four dollars and twenty-five cents ($4.25)
per hour during the first ninety (90) consecutive days
after the employee is initially employed by the employer.
No employer may take any action to displace employees,
including partial displacements such as reduction in hours,
wages or employment benefits for purposes of hiring
individuals at the wage authorized in this subsection.

 

Section 2.  W.S. 27-4-201(a)(iv)(F) and (J) is
repealed.

 

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Section 3.  This act is effective April 1, 2001.

 

(END)

 

 

 

 

                                     

Speaker of the House                  President of the Senate

 

                                              

                 Governor                     

                                              

                 TIME APPROVED: _________     

                 DATE APPROVED: _________     

 

I hereby certify that this act originated in the Senate.

 

 

Chief Clerk

 

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