006-5 Wyo. Code R. § 5-5

Current through April 27, 2019

Section 5-5 - Overtime

(a) The overtime policy of the State of Wyoming shall be in accordance with and no more stringent than the provisions of the Federal Fair Labor Standards Act of 1938, as amended 29 U.S.C. 201 et seq., also known as the Act, as set forth in the State of Wyoming Compensation Policy.

(b) The Human Resources Division shall provide assistance to agencies regarding overtime policy interpretations.

(c) Agency heads shall be responsible for administering the overtime policy in accordance with the Act, these rules and the State of Wyoming Compensation Policy. These responsibilities include, but are not limited to:

• (i) Coordinating with the Human Resources Division to periodically review and determine overtime compensation exemptions as authorized by the Act:
  • (A) In cases where the agency and the Human Resources Division disagree, the Human Resources Division shall make the final determination (W.S. 27-5-101(c)(i) );

• (ii) Enforcement of overtime rules to insure that overtime work is not performed if such work has not been officially authorized. The mere promulgation of a rule against unauthorized overtime work is insufficient enforcement.

(d) The following areas will be established and set forth in accordance with the State of Wyoming Compensation Policy:

• (i) Official State Workweek;

• (ii) Workweek Standard; and

• (iii) Exception to the Workweek Standard.

(e) Non-exempt employees.

• (i) The following areas will be established and set forth in accordance with the State

  of Wyoming Compensation Policy:

  • (A) Hours of Work Defined;
  • (B) Meal Periods;
  • (C) Rest Periods;
  • (D) Sleeping Time;
  • (E) Special Activities; and
  • (F) Travel Time.

006-5 Wyo. Code R. § 5-5

Adopted, Eff. 1/28/2015.