Chapter 5 - Hours Of Labor
CHAPTER 5 - HOURS OF LABOR
27-5-101. State and county employees; overtime compensation.
(a) The period of employment of state and county employees iseight (8) hours per day and forty (40) hours per week which constitute a lawfulday's and week's work respectively.
(b) Except for employees whose maximum salary is remitted bystatute, any state or county employee may be compensated at a rate one andone-half (1 1/2) times their regular compensation for each hour of servicerequired to be performed in excess of eight (8) hours per day and forty (40)hours per week. If overtime compensation is paid pursuant to this section, noadditional benefits, including compensatory time off, shall be allowed to theemployee receiving the overtime compensation.
(c) Overtime compensation may only be authorized by theappropriate employing governing body subject to the following:
(i) For employees of the executive branch of state government,pursuant to rules and regulations of the human resources division of thedepartment of administration and information. The human resources divisionshall specify what employees may receive overtime compensation, may requirenotification of an intent to pay overtime compensation preceding rendering ofthe additional services, and may prescribe any other limitations deemeddesirable;
(ii) For employees of the legislative branch of stategovernment, pursuant to rules and regulations of the management council of thelegislative service office or resolution of the legislature;
(iii) For employees of the judicial branch of state government,pursuant to rules and regulations of the Wyoming supreme court;
(iv) For county employees, pursuant to rules and regulations ofthe respective boards of county commissioners.
27-5-102. Working day; mines generally.
(a) The lawful working day in all underground mines is eight(8) hours per day, except:
(i) In case of emergency;
(ii) By mutual agreement between an employer and employee oremployees' representative for a longer period of employment, but not to exceedsixteen (16) hours in any twenty-four (24) hour period.
27-5-103. Repealed by Laws 1979, ch. 87, 4.
27-5-104. Repealed by Laws 1979, ch. 87, 4.
27-5-105. Repealed by Laws 1979, ch. 87, 4.
27-5-106. Repealed by Laws 1979, ch. 87, 4.
27-5-107. Repealed by Laws 1979, ch. 87, 4.
27-5-108. Punitive action prohibited; penalty.
Anyemployer who takes or threatens punitive action against any employee whorefuses to work more than eight (8) hours in any twenty-four (24) hour period,except as provided by W.S. 27-5-102, is guilty of a misdemeanor and subject tothe penalty provided by W.S. 27-5-110.
27-5-109. Definitions.
(a) As used in this act:
(i) "Emergency" means any condition which, if notcorrected immediately, will jeopardize:
(A) Human life; or
(B) Property.
(ii) "Employer" means any owner, lessee, agent,operator or manager of any underground mine;
(iii) "Punitive action" means to discharge, suspend orreprimand or threaten to discharge, suspend or reprimand, or diminish orthreaten to diminish in any way any person's position or salary for refusing towork more than eight (8) hours in any twenty-four (24) hour period, in otherthan an emergency situation;
(iv) "Working day" means eight (8) hours of employmentin any twenty-four (24) hour period;
(v) "This act" means W.S. 27-5-102, 27-5-108,27-5-109 and 27-5-110.
27-5-110. Penalties.
Anyperson who violates any of the provisions of this act is guilty of amisdemeanor and upon conviction, for each offense, shall be punished by a fineof not more than five hundred dollars ($500.00), or by imprisonment for notmore than six (6) months, or both.