WAGE AND HOUR DEMAND LETTER
State of Wyoming
Wyoming Wage Payment Act and Fair Labor Standards Act Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Wyoming ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Wyoming State Bar Number]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Copy to:
[Company General Counsel, if known]
[Registered Agent, if different]
Re: Wage and Hour Violations - [Client Full Name]
[and All Similarly Situated Employees - if collective action contemplated]
Demand for Unpaid Wages Under Wyoming Law and FLSA
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO WYO. R. EVID. 408
Dear [Mr./Ms./Mx. Last Name]:
This firm has been retained by [Client Full Name] ("our client") to pursue claims for unpaid wages against [Company Legal Name] ("[Company Short Name]" or "the Company") arising from violations of the Wyoming Wage Payment Act, Wyo. Stat. Section 27-4-101 et seq., and the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201 et seq.
Please direct all further communications regarding this matter to our office.
I. WYOMING-SPECIFIC LEGAL FRAMEWORK
A. Applicable Wage and Hour Law
Wyoming's state minimum wage is $5.15 per hour, one of the lowest in the nation. However, most Wyoming employers are covered by the federal FLSA, which requires a minimum wage of $7.25 per hour. Wyoming has no state overtime law, so all overtime claims are governed by the FLSA.
Key Legal Framework:
| Category | Wyoming/Federal Requirement | Citation |
|---|---|---|
| State Minimum Wage | $5.15/hour | Wyo. Stat. Section 27-4-202 |
| Federal Minimum Wage | $7.25/hour (most employers) | 29 U.S.C. Section 206 |
| Overtime | 1.5x regular rate after 40 hours/week (FLSA only) | 29 U.S.C. Section 207 |
| Tipped Minimum | $2.13/hour (with tip credit, FLSA) | 29 U.S.C. Section 203(m) |
| Final Wages | Within 5 working days | Wyo. Stat. Section 27-4-104 |
B. Statute of Limitations
| Claim Type | Limitations Period | Citation |
|---|---|---|
| Wyoming wage claims (contract) | 8 years | Wyo. Stat. Section 1-3-105(a)(i) |
| Wyoming statutory claims | 4 years | Wyo. Stat. Section 1-3-105(a)(iv) |
| FLSA (standard) | 2 years | 29 U.S.C. Section 255(a) |
| FLSA (willful) | 3 years | 29 U.S.C. Section 255(a) |
C. Wyoming Wage Payment Requirements
Payment Timing Requirements (Wyo. Stat. Section 27-4-101 et seq.):
| Situation | Requirement | Citation |
|---|---|---|
| Regular wages | On regular paydays | Wyo. Stat. Section 27-4-101 |
| Involuntary termination | Within 5 working days | Wyo. Stat. Section 27-4-104(a) |
| Voluntary resignation | Next regular payday | Wyo. Stat. Section 27-4-104(b) |
Payroll Deductions:
- Deductions must be authorized or required by law
- Written authorization required for voluntary deductions
- Cannot reduce wages below minimum wage
D. Enforcement Mechanisms
Administrative:
- Wyoming Department of Workforce Services
- Labor Standards Office
- File complaint at wyomingworkforce.org
Private Right of Action:
- Wyoming common law: Breach of contract for unpaid wages
- FLSA Section 216(b): Private action for minimum wage and overtime
- Attorney's fees and costs available
E. Tip Credit Rules (Wyoming/Federal)
Wyoming follows federal tip credit rules for FLSA-covered employers:
| Requirement | Standard |
|---|---|
| Cash wage minimum | $2.13/hour |
| Tip credit maximum | $5.12/hour |
| Total must equal | $7.25/hour minimum |
| Notice required | Yes, before taking credit |
| Tip pooling | Valid only among customarily tipped employees |
| Employer tip retention | Prohibited |
II. INTRODUCTION AND SUMMARY OF CLAIMS
Our client was employed by [Company Short Name] as a [Job Title] from [Start Date] to [End Date / Present], working at [Work Location(s)] in Wyoming. During this employment, [Company Short Name] violated federal wage laws by:
[ ] Failing to pay the federal minimum wage of $7.25 per hour required under the FLSA
[ ] Failing to pay overtime compensation at 1.5 times the regular rate for hours worked over 40 per week
[ ] Misclassifying our client as exempt from overtime when [he/she/they] should have been classified as non-exempt
[ ] Misclassifying our client as an independent contractor when [he/she/they] was an employee entitled to FLSA protections
[ ] Failing to pay final wages within 5 working days of termination
[ ] Failing to pay for all hours worked, including:
[ ] Off-the-clock work before/after shifts
[ ] Uncompensated meal periods during which work was performed
[ ] Time spent on required pre-shift or post-shift activities
[ ] Travel time that should have been compensated
[ ] Training time
[ ] On-call time
[ ] Making unlawful deductions that reduced wages below minimum wage
[ ] Unlawful tip pooling or tip credit violations
III. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Job Title(s) | [Title(s)] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location(s) | [Address(es) in Wyoming] |
| Primary Duties | [Describe job duties] |
| Rate of Pay | $[Amount] per [hour/week/year] |
| Classification | [Exempt / Non-Exempt / Independent Contractor] |
| Pay Frequency | [Weekly / Bi-weekly / Semi-monthly / Monthly] |
| Supervisor(s) | [Name(s) and Title(s)] |
B. Hours Worked
Our client regularly worked the following schedule:
Typical Weekly Schedule:
| Day | Scheduled Hours | Actual Hours Worked | Unpaid Time |
|---|---|---|---|
| Monday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Tuesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Wednesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Thursday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Friday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Saturday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Sunday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Weekly Total | [X hours] | [X hours] | [X hours] |
Average overtime hours per week not compensated at 1.5x rate: [X hours]
C. Specific Wage Violations
[Detail specific violations as applicable - off-the-clock work, misclassification, tip violations, etc.]
IV. LEGAL ANALYSIS
A. Fair Labor Standards Act Coverage
1. Enterprise Coverage
[Company Short Name] is subject to the FLSA because it is an enterprise engaged in commerce with annual gross sales of at least $500,000. 29 U.S.C. Section 203(s)(1)(A).
2. Individual Coverage
Alternatively, our client was individually engaged in interstate commerce because [describe activities affecting interstate commerce, e.g., handling goods that moved in interstate commerce, making phone calls or emails to out-of-state locations, using credit card machines, etc.].
B. Wyoming Wage Payment Act Violations
1. Final Wage Payment (Wyo. Stat. Section 27-4-104)
Wyoming requires employers to pay final wages within 5 working days of termination. [Company Short Name] failed to comply by [describe violation].
C. Minimum Wage Violation (29 U.S.C. Section 206)
The FLSA requires covered employers to pay employees at least $7.25 per hour for all hours worked. By [describe violation], [Company Short Name] failed to pay our client the minimum wage.
D. Overtime Violation (29 U.S.C. Section 207)
The FLSA requires employers to pay non-exempt employees overtime at a rate of 1.5 times the regular rate for all hours worked over 40 in a workweek.
Our client worked an average of [X hours] per week. [Company Short Name] failed to pay overtime compensation for an average of [X overtime hours] per week.
E. Willfulness
[Company Short Name]'s violations were willful under McLaughlin v. Richland Shoe Co., 486 U.S. 128, 133 (1988), as demonstrated by:
- [Evidence of willfulness]
F. Liquidated Damages
Under 29 U.S.C. Section 216(b), our client is entitled to liquidated damages equal to the amount of unpaid wages, effectively doubling recovery.
V. DAMAGES CALCULATION
A. FLSA Damages
Relevant Period: [Start Date - 3 years prior to anticipated filing] to [End Date / Present]
Total Weeks in Period: [X weeks]
1. Unpaid Overtime
| Period | Avg. OT Hours/Week | Regular Rate | OT Rate (1.5x) | Unpaid OT/Week | Weeks | Total |
|---|---|---|---|---|---|---|
| [Period 1] | [X] | $[X.XX] | $[X.XX] | $[X.XX] | [X] | $[Amount] |
| Unpaid Overtime Subtotal | $[Amount] |
2. Unpaid Minimum Wage
| Period | Hours Below MW | Shortfall/Hour | Weeks | Total |
|---|---|---|---|---|
| [Period] | [X] | $[X.XX] | [X] | $[Amount] |
| Minimum Wage Subtotal | $[Amount] |
3. Off-the-Clock Work
| Activity | Hours/Week | Rate | Weeks | Total |
|---|---|---|---|---|
| [Pre-shift work] | [X] | $[X.XX] | [X] | $[Amount] |
| Off-the-Clock Subtotal | $[Amount] |
B. Summary of Damages
| Category | Amount |
|---|---|
| FLSA Unpaid Wages | $[Amount] |
| FLSA Liquidated Damages (Equal Amount) | $[Amount] |
| Pre-Judgment Interest | $[Amount] |
| Attorney's Fees (estimated) | $[Amount] |
| Costs (estimated) | $[Amount] |
| TOTAL INDIVIDUAL DAMAGES | $[Amount] |
C. Collective Action Exposure
If this case proceeds as an FLSA collective action:
| Category | Individual | Estimated Class Size | Total Exposure |
|---|---|---|---|
| Unpaid Wages | $[Amount] | [X employees] | $[Amount] |
| Liquidated Damages | $[Amount] | [X employees] | $[Amount] |
| Collective Exposure | $[Amount] |
VI. SETTLEMENT DEMAND
Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims of [Client Full Name].
This demand includes:
- Unpaid wages
- Liquidated damages
- Pre-judgment interest
- Attorney's fees and costs incurred to date
This demand will remain open for twenty-one (21) days from the date of this letter, expiring on [Response Deadline Date].
VII. RESPONSE AND LITIGATION
If we do not receive a satisfactory response by the deadline, we will file suit in:
[ ] Wyoming District Court, [County] County
[ ] United States District Court for the District of Wyoming
The Complaint will seek:
1. Unpaid wages under Wyoming law and FLSA
2. Unpaid overtime under 29 U.S.C. Section 207
3. Liquidated damages under 29 U.S.C. Section 216(b)
4. Attorney's fees and costs under 29 U.S.C. Section 216(b)
5. Certification as a collective action under 29 U.S.C. Section 216(b)
VIII. DOCUMENT PRESERVATION
LITIGATION HOLD NOTICE
[Company Short Name] must immediately preserve all documents and ESI relevant to these claims, including:
[ ] Time and attendance records
[ ] Payroll records and pay stubs
[ ] Personnel files and job descriptions
[ ] Employee handbooks and policies
[ ] Scheduling records
[ ] Communications regarding pay practices
[ ] Training materials
[ ] Prior DOL investigations
[ ] Tip records (if applicable)
Spoliation of evidence will result in severe sanctions.
IX. CONFIDENTIALITY
This letter is a confidential settlement communication protected under Wyoming Rule of Evidence 408 and applicable evidentiary privileges.
We look forward to your prompt response.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[Wyoming State Bar No.]
Enclosures:
[ ] Authorization to Represent
[ ] Pay stubs / wage statements (sample)
[ ] Time records (if available)
cc: [Client Name] (via email)
WYOMING-SPECIFIC PRACTICE NOTES
[ ] Low State Minimum Wage: Wyoming's $5.15/hour state minimum wage is one of the lowest, but FLSA's $7.25 applies to most employers
[ ] No State Overtime Law: Wyoming has no state overtime law; all overtime claims rely on FLSA
[ ] 5 Working Days for Final Pay: Terminated employees must receive wages within 5 working days
[ ] Long Contract SOL: Wyoming has 8-year statute of limitations for contract claims
[ ] Department of Workforce Services: Wyoming DWS handles wage complaints
- Website: wyomingworkforce.org
- Phone: (307) 777-7261
[ ] At-Will State: Wyoming is a strong at-will employment state with very limited exceptions
[ ] Court Venue:
- State District Court: All counties
- Federal District Court: District of Wyoming (Cheyenne, Casper)
[ ] Energy/Mining Industry: Many wage claims arise in oil, gas, and mining sectors; day-rate issues common
[ ] Small Employer Issues: Small employers not covered by FLSA may only owe $5.15/hour state minimum
[ ] Collective Action: FLSA Section 216(b) is the primary mechanism for multi-plaintiff wage claims
[ ] Independent Contractor Misclassification: Common issue in Wyoming's energy sector