Wyoming Statutes

Wyo. Stat. § 27-4-104 (2026)

Payment of employee quitting or discharged and

✓ current as of May 2026

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suit for wages; generally.

     (a) Whenever an employee quits service or is discharged,
the employee shall be paid whatever wages are due him in lawful
money of the United States of America, or by check or draft
which can be cashed at a bank, no later than the employer's
usual practice on regularly scheduled payroll dates or at a time
specified under the terms of a collective bargaining agreement
between the employer and the employee. The employer may offset
from any monies due the employee as wages, any sums due the
employer from the employee which have been incurred by the
employee during his employment. This section does not apply to
the earnings of a sales agent employed on a commission basis and
having custody of accounts, money or goods of his principal
where the net amount due the agent may not be determinable
except after an audit or verification of sales, accounts, funds
or stocks.

     (b) Whenever an employee who has quit, has been discharged
from service, or because of action taken by the employer is
prevented from working has cause to bring suit for wages earned
and due, and shall establish in court the amount which is justly
due, the court shall allow to the plaintiff interest on the past
due wages at the rate of eighteen percent (18%) per annum from
the date of discharge or termination or from the date when
unpaid wages are required to be paid as specified in this act,
together with a reasonable attorney fee and all costs of suit.
Prosecution of a civil action to recover unpaid wages does not
preclude prosecution under W.S. 27-4-105.

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 1981–2023 · leading case: Jensen v. Fremont Motors Cody, Inc., 2002 WY 173 (Wyo. 2002).

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Jensen v. Fremont Motors Cody, Inc., 2002 WY 173 (Wyo. 2002). · cites it 9× “Jensen further claimed that should he prevail in showing wages justly due, he would be entitled to interest at the rate of eighteen percent (18%) per annum from the date of termination, reasonable attorney fees, and all costs of suit pursuant to Wyo. Stat. Ann. § 27-4-104 .. [¶…”

Scott v. Fagan, 684 P.2d 805 (Wyo. 1984). · cites it 12× “Whether the Court erred in refusing to allow [Cross-]Appellant attorney's fees in the amount of $2,025 and accruing attorney's fees pursuant to Wyoming Statutes republished 1977, Section 27-4-104." I "Whether the District Court had jurisdiction to make the initial determination…”

Diamond B Servs., Inc. v. Rohde, 2005 WY 130 (Wyo. 2005). · cites it 24× “[¶44] Under Wyo. Stat. Ann. § 27-4-104 (a) "the employer may offset from any monies due the employee as wages, any sums due the employer from the employee which have been incurred by the employee during his employment.”

Jennifer P. Hanft, as Pers. Rep. of the Est. of Bret Lee Vance v. City of Laramie, 2021 WY 52 (Wyo. 2021). · cites it 4× “Wyo. Stat. Ann. § 27-4-104 (b) (LexisNexis Supp.”

NL Indus., Inc. v. Dill, 769 P.2d 920 (Wyo. 1989). · cites it 7× “We recognize that historically, the predecessor to W.S. 27-4-104 and W.S. 27-4-105 can be traced to initial enactment in 1919 by 1919 Wyo.”

Mueller v. Zimmer, 2007 WY 195 (Wyo. 2007). · cites it 4× “Jensen's request for attorney fees pursuant to Wyo. Stat. Ann. § 27-4-104 (b) (LexisNexis 2001).”

Pittard v. Great Lakes Aviation, 2007 WY 64 (Wyo. 2007). · cites it 2× “Pittard also filed a counterclaim for negligent misrepresentation and nondisclosure, breach of the implied covenant of good faith and fair dealing, breach of contract and violation of Wyo. Stat. Ann. § 27-4-104 (LexisNexis 2005).”

In Re Wal-Mart Wage & Hour Emp. Practices Litig., 490 F. Supp. 2d 1091 (D. Nev. 2007). “The statutes do not contain a penalty provision for wilful violations. Wyoming has not addressed a situation similar to the allegations in Plaintiffs Complaint, and thus has not expressed whether its statutory provisions would constitute an adequate legal remedy given Plaintiffs…”

McNeill v. Park Cnty. Sch. Dist. No. 1, 635 P.2d 818 (Wyo. 1981). “) Section 27-4 — 105 provides: “Every person, firm or corporation, violating any of the provisions of this act [§ 27-4-104] shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars ($50.”

Michel Skaf, M.D. v. Wyoming Cardiopulmonary Servs., P.C., a Wyoming Corp., 2023 WY 86 (Wyo. 2023). · cites it 4× “Under Wyo. Stat. Ann. § 27-4-104 (b) (2021) when “an employee .”

— Wyo. Stat. § 27-4-104(a) — 1 case

Diamond B Servs., Inc. v. Rohde, 2005 WY 130 (Wyo. 2005). “[¶44] Under Wyo. Stat. Ann. § 27-4-104 (a) "the employer may offset from any monies due the employee as wages, any sums due the employer from the employee which have been incurred by the employee during his employment.”

— Wyo. Stat. § 27-4-104(b) — 3 cases

Scott v. Fagan, 684 P.2d 805 (Wyo. 1984). “Whether the Court erred in refusing to allow [Cross-]Appellant attorney's fees in the amount of $2,025 and accruing attorney's fees pursuant to Wyoming Statutes republished 1977, Section 27-4-104." I "Whether the District Court had jurisdiction to make the initial determination…”

NL Indus., Inc. v. Dill, 769 P.2d 920 (Wyo. 1989). “We recognize that historically, the predecessor to W.S. 27-4-104 and W.S. 27-4-105 can be traced to initial enactment in 1919 by 1919 Wyo.”

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