Wyo. Code R. 006-0010-9
Human Resources Division
Chapter 9: Compensation
Effective Date: 01/06/1998 to 12/07/2001
Rule Type: Superceded Rules & Regulations
Reference Number: 006.0010.9.01061998
(a) The Human Resources Division shall establish and maintain a uniform and equitable Pay Plan to consist of (1) the official Classification Listing, (2) the official Pay Schedules and (3) the policies and procedures governing the administration of the Pay Plan.
(b) The Human Resources Division shall assign classes to pay bands based upon such factors as skill, effort, and responsibility required; working conditions; required education, training, and experience; prevailing rates paid by comparable or competing employers; internal relationships between classes; and other valid factors. The Human Resources Division shall periodically conduct studies of all pay band assignments for the purpose of making recommendations to the State Employee Compensation Commission in an effort to maintain the Pay Plan.
(c) All employees shall be paid with the rates established in the official Pay Plan and the provisions of the State of Wyoming Human Resources Rules.
(d) An employee shall not be paid in excess of the maximum of the pay band for an assigned classification, unless such payment has been approved by the Governor.
(e) All pay actions which require approval from the Human Resources Division must receive approval prior to an agency taking the actions.
(f) All agency pay actions shall be subject to audit by the Human Resources Division.
(g) Agencies have the right to choose compensation options that best fit their strategic plan and budget. Agencies are not required to use all of the available compensation options.
Agencies shall develop written policies to govern hiring and pay rates for employees within their agencies.
(a) Hiring at the Minimum. An employee shall be paid at least the minimum of the pay band for the assigned classification.
(b) Hiring above the Minimum. An agency may establish hiring rates above the minimum of the pay band. An agency's written policy stating justification for hiring above the minimum of the pay band must be submitted to Human Resources Division for approval prior to taking the action.
(c) Exceptional Qualifications. An agency may establish a hiring policy which recognizes education, training and/or experience which substantially exceeds the minimum qualifications required for the class. A&I Human Resources Division must review and approve the agency's written policy before an employee can be hired above the minimum of the pay band.
(d) Re-employment.
(i) To the same classification or lower pay band. An employee who is re-employed within six (6) months of separation from state service in the same classification or lower pay band in which previously employed, may be paid at any rate within the pay band provided the rate is equal to or below the employee's base pay at the time of separation.
(ii) To a different classification. An employee who is re-employed within six (6) months after separation from state service in a different classification may be awarded an increase up to 15% of the employee's base pay at the time of separation provided the increase does not place the employee's pay above the maximum rate of the pay band. For an increase of more than 15%, written justification must be submitted to the Human Resources Division for approval. A & I Human Resources Division must review and approve the agency's written policy before an employee can be hired above the minimum of the pay band.
(e) Return from Leave Without Pay. An employee who has returned from an authorized leave of absence without pay shall be paid at the same rate being paid at the time leave was granted, except that the employee shall be granted any authorized pay increases resulting from adjustments made during the employee's leave of absence. In determining the amount of adjustment that the employee shall be granted, the same implementation instructions that applied to all active employees in that class shall be followed.
(f) Reinstatement. Upon reinstatement of a permanent employee, separated by a reduction in force, the compensation rate may be established at any point in the pay band for the class as long as the new rate does not exceed 15% of the employee's base pay at separation.
Section 3. Pay Increases Agencies shall develop written policies to govern pay increases for employees within their agencies. Written justification for awarding in-band pay increases shall be maintained by the employing agency.
(a) The following criteria applies to all pay increases unless specified:
(i) Pay increases cannot exceed 15% of the employee's base pay.
(ii) Pay increases above 15% must have written justification and prior approval of A&I Human Resources Division.
(iii) Pay increases cannot be above the maximum rate of the pay band.
(iv) A & I Human Resources Division must approve the agency's written policy before an employee can receive a pay adjustment.
(v) Funding must come from an agency's existing budget.
(vi) Agency heads should take into consideration potential adverse employee morale or other problems when establishing a compensation rate. If the agency head must establish a compensation rate that exceeds the rates paid to existing employees in the same classification or closely related classifications, the agency head may, with prior written approval of the Human Resources Division, adjust the salaries of existing employees.
(vii) The agency head or designee approves the pay increase by signing the Request for Pay Approval form.
(b) An employee's pay may be increased within the current pay band for the following reasons:
(i) Authorized Pay increases authorized by the Legislature or Compensation Commission.
(ii) Performance increase. Agencies may increase individual employee salaries based upon performance in accordance with Chapter 14 of the State of Wyoming Human Resources rules. Performance increases are limited to once a year from the date an increase is given.
(iii) Additional Skills/Knowledge Increase. An in-band increase may be granted when an employee gains additional skills and/or knowledge directly related to the job. An additional skills or knowledge increase is limited to once every six (6) months from the date the increase was given.
(iv) Additional Job Duties and/or Responsibilities Increases. An in-band increase may be granted when an employee is assigned additional duties and/or broader responsibilities, either within the current position or another position in the same pay band of an employing agency. Should the additional duties and/or responsibilities be withdrawn from the employee at any time, the pay may be reduced up to the amount awarded when the duties and/or responsibilities were increased. An additional duties and/or responsibilities increase is limited to once every six (6) months from the date the increase was given.
(v) In-band reappointment. An in-band increase may be granted when an employee is placed in a different position or classification which is in the same pay band as the current position.
(vi) Retention Increase. An in-band increase may be granted when an employee has a bona fide, verifiable job offer from another employer, and an agency wishes to retain the services of the this employee in the current position. Retention increases are limited to once a year from the date an increase is given.
(a) An employee's pay may be increased as a result of movement to a higher pay band due to a promotion or reclassification.
(i) Upon promotion/reclassification, the employee's pay shall be increased at least to the minimum rate within the pay band of the class.
(ii) Upon promotion/reclassification, an employee's pay may be increased to a maximum of 15% of current base pay, provided such increase does not place the employee's pay above the maximum rate of the new pay band. For an increase of more than 15%, written justification must be submitted to the Human Resources Division for approval.
Section 5. Temporary Assignment. An employee may be temporarily assigned to a different position having additional or higher-level duties for a period not to exceed nine (9) months. The employee shall receive no change in pay for the first thirty (30) days. After thirty (30) days, the employee's pay may be temporarily increased to a maximum of 15% of the current base pay for the duration of the assignment. Temporary assignment pay adjustments exceeding 15% or nine months must have written justification and be submitted to A&I Human Resources Division for approval.
Section 6. Pay Reduction. To govern the administration of pay reduction for employees, agencies shall develop written policies. An agency may reduce an employee's pay to an amount not to exceed 15% or fall below the minimum of the pay band. Reductions in excess of 15% must have written justification and be submitted to the Human Resources Division for approval. Pay may be reduced for the following circumstances:
(a) Overall rating of needs improvement on a Performance Appraisal report.
(i) After the first Work Improvement Plan (90 days) is completed and the employee's overall rating remains 'needs improvement.'
(ii) After the employee's pay has been reduced due to a Work Improvement Plan and the employee has an overall rating of meets expectations or exceeds expectations on a current Performance Appraisal report, the pay shall revert back to the employee's previous pay.
(b) Involuntary/voluntary reappointment.
(c) Downward reclassification.
(d) Removal of an add-on.
(e) End of temporary assignment.
(f) Reduction of additional job duties and responsibilities.
Section 7: Supplementary Compensation: To govern the administration of supplementary compensation for employees, agencies shall develop written policies.
(a) The following criteria applies to all pay increases unless specified:
(i) Pay increases cannot exceed 15% of the employee's base pay.
(ii) Pay increases above 15% must have written justification and prior approval of A&I Human Resources Division.
(iii) Pay increases cannot be above the maximum rate of the pay band.
(iv) A & I Human Resources Division must approve the agency's written policy before an employee can receive a pay adjustment.
(v) Funding must come from an agency's existing budget.
(vi) Agency heads should take into consideration potential adverse employee morale or other problems when establishing a compensation rate. If the agency head must establish a compensation rate that exceeds the rates paid to existing employees in the same classification or closely related classifications, the agency head may, with prior written approval of the Human Resources Division, adjust the salaries of existing employees.
(vii) The agency head or designee approves the pay increase by signing the Request for Pay Approval form.
(b) Team-based bonus payments. To govern a team-based bonus program to motivate employees and achieve predetermined goals within a specific time-frame, agencies shall develop written policies. Lump sum bonus payments may not exceed $1,200 per employee in one calendar year.
(c) To govern the administration of add-ons for employees, an agency shall develop written policies. Add-ons may help serve agency needs in meeting specific compensation issues not previously addressed. An employee's pay may be increased up to 15% or a flat rate not to exceed $300.00 per month, provided the increase does not place the employee's pay above the maximum rate of the pay band. For an increase of more than 15% or a flat rate of $300.00, written justification must be submitted to A&I Human Resources Division for review and approval.
(d) Longevity Pay.
(i) An employee shall be compensated at the established longevity rate for each sixty (60) months of continuous State service in the Executive, Legislative or Judicial Branch. Longevity payments shall begin the month following the accrual of sixty (60) months continuous service.
(ii) Service credits shall be granted for previous State Executive, Legislative or Judicial Branch service to a rehired employee upon completion of twenty-four (24) months continuous service since the most recent entrance to State employment. Such prior service shall be on record with the Wyoming Retirement System or otherwise be verified by the employing agency or branch. Service credits shall be given for any calendar month during which work was actually performed.
(e) On-Call Pay. A non-exempt employee who is required to remain on the agency's premises or so close that the time cannot be used effectively for that employee's own purposes, is working 'on-call' and such time shall be considered as hours worked.
An agency may develop an on-call policy to address restrictions placed on a non-exempt employee who is not required to remain on the agency's premises, but is merely required to leave word at home or with agency officials where the employee may be reached. On-call pay cannot exceed a maximum of $2.50 per hour. On-call pay policies must be approved by the A&I Human Resources Division.
(f) Shift Differential. An agency may establish a shift pay differential for employees whose regularly assigned shift is outside an 8:00 a.m. to 5:00 p.m., Monday through Friday schedule. If paid, such differential shall be the regular base rate of pay plus up to a maximum of 15% of that rate for work normally scheduled outside of 8:00 a.m. to 5:00 p.m., Monday through Friday only. Shift differential rates and policies must be reviewed and approved by the A&I Human Resources Division.
(g) Holiday Premium. Non-exempt employees who are required to work on their official State holiday shall be paid a premium rate of one and one-half times their compensation rate for all hours worked or shall be given compensatory time at a rate of one and one-half hours off for each hour worked during the holiday.
(h) Personal Moving Expenses. When an employee is permanently reassigned from one geographical area to another at the request of and for the benefit of the State, the employing agency shall pay the actual expenses of transporting the household goods and effects of such employee (Reference W.S. 9-3-104).
(i) Employee-requested Training. Employees may make written requests to the agency head to participate in job-related approved training courses. The agency head shall review and approve or disapprove such requests based on the contents of the course and the potential value of the training to the agency. Based on these factors and budgetary restrictions, the agency head may approve reimbursement for up to seventy-five (75) percent of tuition and other course-related expenses, except for text books or other materials which shall become the property of the employee, upon evidence of satisfactory completion of such approved employee-requested training, provided that the employee has not separated from State service.
(ii) Agency-Required Training. When employees are required by the agency to participate in approved training courses, the agency shall pay for, or if applicable, reimburse the employee for one hundred (100) percent of the costs directly related to such required training.
(i) An agency head may approve compensation during educational leave, of up to one hundred (100) percent of the employee's basic salary at the time the leave is granted.
Any approval for such compensation shall be based on budgetary allowances and the potential value of the education to the State.
(ii) If an employee resigns, retires or is dismissed from State service, during a period of time which is less than twice the duration of the education leave, the employee shall repay the State for the total amount of payments received during educational leave.
Section 8. Salary Surveys.
(a) A survey of prevailing wage rates for similar jobs paid by comparable and/or competing employers shall be conducted annually by the Human Resources Division. Additional surveys for particular classes may be conducted by the Human Resources Division.
(b) The compensation plan may be adjusted to reflect changes in the labor market made by comparable and/or competing employers as defined by the Human Resources Division.
(c) An agency may develop a policy to provide market pay raises when an occupational group is below 90% of market. All market data shall be reviewed and approved by A&I Human Resources Division. Base pay market increases shall be limited to a maximum of 15%. Increases above 15% must have prior review and approval by A&I Human Resources Division. Market increases are limited to once a year from the date an increase is given.
Section 9. Sequences Effecting Pay Adjustments. If two (2) or more pay adjustments occur on the same effective date, adjustments shall be made in the following sequence:
Section 10. Compensation Premiums.
(a) Overtime.
(i) Statement of Policy.
(A) The overtime policy of the State of Wyoming shall be in accordance with and except as specified, 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.
(B) The Governor has the overall responsibility for insuring that the State's overtime compensation policy is carried out by all levels of management.
(C) The Human Resources Division shall provide assistance to agencies regarding overtime policy interpretations.
(D) Agency heads shall be responsible for administering the overtime policy in accordance with the Act and these rules. These responsibilities include, but are not limited to:
(I) Determination and periodic review of employee overtime compensation exemptions as authorized by the Act;
(II) Development and implementation of written agency policies governing the administration and control of overtime payments and/or accrual and usage of compensatory time;
(III) Communication of agency and State policies to employees insuring that, prior to working overtime, employees agree to or understand these policies and whether compensatory time off or overtime payments shall be given;
(IV) Authorization for overtime work and approval of premium payments which do not exceed the authorized agency program budget;
(V) 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;
(VI) Daily and weekly documentation for each non-exempt employee of the actual hours worked and the verification, by employee and supervisor signature, that the hours are correct;
(VII) Notification to the non-exempt employee of the workweek schedule;
(ii) Official State Workweek.
(A) Official State Workweek. Each workweek shall begin at 12:01 A.M. Saturday, continue through for seven (7) consecutive days (168 hours) and shall end at 12:00 mid-night on Friday. Exceptions to this workweek shall be approved by the Governor.
(B) Workweek Standard. A workweek is a fixed and regularly recurring period of 168 hours - seven (7) consecutive twenty-four (24) hour periods. Each workweek stands alone for purposes of hours worked. There can be no averaging of two (2) or more workweeks. There is no prohibition against work in excess of eight (8) hours per day without payment of overtime so long as the forty (40) hours per week maximum is not exceeded.
(C) Exception to the Workweek Standard. Those agencies primarily engaged in the care of the sick, aged or mentally disabled may adopt, with the agreement of the employee, a workweek period of fourteen (14) consecutive days for purposes of computing overtime. If adopted, the employee shall be paid at one and one-half times the compensation rate for all hours worked in excess of eight (8) in any workday or eighty (80) in a fourteen (14) consecutive day work period, whichever computes to the greatest number of overtime hours worked. Adoption of this standard shall not be authorized until the Human Resources Division has approved and provided written notification to the State Auditor and the agency head. Agency heads shall be responsible for notifying all affected employees.
(D) Law Enforcement/Fire Protection Exceptions. Agencies who employ personnel primarily engaged in the following activities may establish a special overtime standard:
(I) Law Enforcement, including employees defined as Peace Officers pursuant to W.S. 7-2-101 through 7-2-103;
(II) Fire Protection, including employees who are engaged in or concerned with the prevention, control and extinguishment of fires;
(III) Security in correctional institutions including employees who have responsibility for controlling and maintaining custody of inmates or for supervising such functions.
Adoption of this standard shall not be authorized until the Human Resources Division has approved and provided written notification to the State Auditor and the agency head. Agency heads shall be responsible for notifying affected employees.
(iii) Exempt Employees. State employees exempt from overtime compensation include elected officials; members of an elected official's personal staff; employees who serve in policy-making positions who have been appointed by an elected official; employees who serve as advisors on the constitutional or legal powers of an elected official's office; and employees who serve in executive, administrative, or professional capacities who have met the duties and salary requirements specified as follows:
(A) Executive.
(I) The employee is paid at least $250 per week exclusive of board, lodging or other facilities and spends a major part or over fifty (50) percent of the time in work requiring the direction of at least two employees and management of a customarily recognized department or subdivision; or
(II) The employee must manage a customarily recognized department or subdivision; and
(III) The employee must customarily and regularly direct the work of at least two (2) or more employees; and (IV) The employee must have the authority to hire or fire or recommend hiring and firing; or whose recommendations concerning these and other actions affecting employees is given particular weight; and
(V) The employee must customarily and regularly exercise discretionary powers; and
(VI) The employee must devote no more than twenty (20) percent of the hours worked to activities not directly and closely related to managerial duties; and
(VII) The employee must be paid on a salary basis at a rate of at least $155 a week exclusive of board, lodging or other facilities.
(I) The employee is paid at least $250 per week exclusive of board, lodging or other facilities and spends a major part or over fifty (50) percent of the time in work directly related to management policies or general business operations; or the administration of an educational establishment or institution; or the exercise of discretion and independent judgment; or
(II) The employee must perform either office or non manual work directly related to management policies or general business operations; or work that is related to academic instruction or training carried on in the administration of an educational establishment; and
(III) The employee must customarily and regularly exercise discretion and independent judgment and must have authority to make important decisions; and
(IV) The employee must regularly assist an executive or administrative employee; or perform specialized or technical work requiring special training/experience or knowledge under general supervision; or execute special assignments under general supervision; and
(V) The employee must not spend more than twenty (20) percent of the time in the workweek on non-exempt work that is not directly and closely related to administrative duties; and
(VI) The employee must be paid on a salary or fee basis at a rate not less than $155 a week, exclusive of board, lodging or other facilities; or academic administrative personnel may be paid a salary which is at least equal to the entrance salary for teachers in the employing educational establishment or institution.
(I) The employee is paid at least $250 per week exclusive of board, lodging or other facilities and spends a major part or over fifty (50) percent of the time in work requiring knowledge of an advanced type in a field of science or learning obtained by a prolonged course of specialized instruction and study; or that is original and creative in character in a recognized field of artistic endeavor and the result of which depends on the employee's invention, imagination or talent; or as a teacher certified or recognized as such in the educational institution; or
(II) The employee must perform either work requiring knowledge of an advanced type in a field of science or learning customarily obtained by a prolonged course of specialized instruction and study; or work that is original and creative in character in a recognized field of artistic endeavor and the result of which depends on the employee's invention, imagination or talent; or work as a teacher certified or recognized as such in the educational institution; and
(III) The employee must consistently exercise discretion and judgment; and
(IV) The employee must do work that is predominantly intellectual and varied, as distinguished from routine or mechanical duties; and
(V) The employee must not spend more than twenty (20) percent of the time worked in the workweek on activities not essentially a part of and necessarily incident to the professional duties; and
(VI) The employee must be paid on a salary or fee basis at a rate of not less than $170 a week, exclusive of board, lodging or other facilities.
(D) Non-exempt employees receiving payment for overtime worked shall be paid at one and one-half times the compensation rate for all hours worked in excess of forty (40) per week. Overtime compensation earned in a particular workweek should be paid on the regular pay day for the period in which such work was performed. If the amount of overtime compensation cannot be determined during this period, payment may be delayed until, but not extended beyond, the next pay period.
(E) For purposes of overtime compensation, the compensation rate for a non-exempt State employee is the hourly rate of pay for the pay band of the employee's class. The overtime compensation due shall be computed using this hourly rate of pay for all hours worked over forty (40). If a non-exempt employee is paid a night shift differential and/or receives longevity payments, the compensation rate must be adjusted to include these payments.
(F) Non-exempt employees receiving compensatory time shall receive one and one-half hours off for each hour of overtime worked; and
(I) The agency shall record for each employee receiving compensatory time the number of hours of compensatory time earned, used or compensated in cash for each work period; and (II) The maximum number of hours of compensatory time an employee can accrue shall be limited to two hundred forty (240); and
(III) Compensatory time shall be used before taking any vacation leave; and
(IV) Unused compensatory time shall be paid off as of January 1 of each year or when an employee accepts a position in another agency or dates approved by the Human Resources Division. The compensation rate for unused compensatory time shall be computed using the employee's hourly compensation rate. If a non-exempt employee is paid a night shift differential and/or longevity payments, the compensation rate shall be adjusted to include these payments; and
(V) All employees who request accrued compensatory time off shall be permitted by the agency head to use such time within a reasonable period, as long as the time off does not unduly disrupt the operation of the agency; and
(VI) All employees may be required to take compensatory time off whenever the agency head determines it necessary.
(I) Generally, hours worked includes all time the employee is required to be on duty or on the agency's premises or at a prescribed work place and all time that employee is suffered or permitted to work for the State. For example, an employee may volunteer to continue to work at the end of a shift for the purpose of completing an assigned task, correcting errors or preparing reports. This time shall be counted as hours worked if management knows or has reason to believe that the employee is continuing to work. This basic rule also applies to work performed away from the agency's premises, job site or even at home.
(II) On-Call Time. A non-exempt employee who is required to remain on the agency's premises or so close that the time cannot be used effectively for that employee's own purposes, is working 'on call' and such time shall be considered as hours worked. A non-exempt employee who is not required to remain on the agency's premises but is merely required to leave word at home or with agency officials where the employee may be reached is not working while on call.
(III) Call-Back Time. A non-exempt employee who is called back to work during other than normally scheduled work hours shall be paid for a minimum of two (2) hours worked. Only actual hours worked during the call-back period shall be used to determine total hours worked for the workweek.
(IV) Meal Periods. Meal periods shall be considered hours worked when a non-exempt employee is required to perform any duties, whether active or inactive, while eating. For example, an office employee who is required to eat at a desk or an operator who is required to be at a machine while eating is considered working. It is not necessary that an employee be permitted to leave the premises if otherwise completely freed from duties during the meal period.
(V) Rest Periods. Rest periods not exceeding fifteen (15) minutes shall be counted toward hours worked.
(VI) Special Activities. Non-exempt employees who attend training programs, lectures, meetings or similar activities that are required by management for continued employment and that are directly related to the employee's job, and are for the purposes of making an employee more efficient, shall count toward hours worked. Programs are not considered directly job-related if the programs are for purposes of preparing an employee for advancement or if an employee voluntarily attends such programs.
(VII) Travel Time. Time spent traveling shall be considered part of hours worked when:
a. The employee, including time spent as a passenger, is given a one-day work assignment to a location other than the employee's fixed location; or
b. The employee is kept away from home overnight during hours which cut across the employee's scheduled workday or corresponding hours on non-working days; or
c. The employee is required to work for the State while traveling.
Travel time or activities not considered part of hours worked include: meal periods; sleeping time; time spent on non-work activities outside of regular work hours; time spent on travel from home to work or vice versa; and any time spent as a passenger on an airplane, train, bus or automobile for other than one day work assignments outside of regular work hours.
(VIII) Sleeping Time. An employee who is required to be on duty for less than twenty-four (24) hours and is permitted to sleep or engage in other activities when not busy is considered working, and such time shall be counted toward hours worked. When an employee is required to be on duty for twenty-four (24) hours or more, the agency head and the employee may agree to exclude meal periods and regularly scheduled sleeping periods of not more than eight (8) hours, provided that sleeping facilities are furnished and the employee is usually provided with uninterrupted sleep. When no agreement is present, the eight (8) hours of sleeping time and meal periods constitute hours worked.
Section 11. Compensation Upon Separation.
(a) Vacation Leave. A separated employee or the beneficiary of a deceased employee shall receive payment for the current balance of unused vacation leave. Such payments shall be computed using the employee's hourly compensation rate.
(b) Sick Leave. A separated employee or the beneficiary of a deceased employee shall receive payment for one-half of the current balance of unused sick leave not to exceed 480 hours. Such payments shall be computed using the employee's hourly compensation rate.
(c) Compensatory Time. A separated State employee or the beneficiary of a deceased employee shall receive payment for any unused compensatory time.
(i) Such payment for a non-exempt employee shall be computed using the average regular rate of pay over the employee's last three years of employment or the final compensation rate, whichever is higher. If a non-exempt employee is paid a night shift differential and/or longevity payment, the final compensation rate shall be adjusted to include these payments.
(ii) Such payment for an exempt employee shall be computed using the employee's hourly compensation rate.
(d) Restrictions. A separated employee who has been paid for accumulated vacation or sick leave and who is rehired, within thirty-one (31) days of the separation, shall reimburse the State for all sick or vacation leave payments within thirty-one (31) days after being rehired. Accumulated balances of sick or vacation leave at the time of separation shall be restored to the employee. Any employee failing to reimburse the State for such payments shall be terminated.
Section 12. Executive Compensation. Compensation for at-will directors, deputies and division administrators will be covered by the Executive Compensation Plan.