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Detailed Answer

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your situation.

Under Wyoming law, employers must pay employees all wages earned. If your employer failed to keep accurate records of your hours and pay rates, you can still pursue a lost wage claim under W.S. 27-4-501. Follow these steps to calculate and support your claim:

1. Establish Your Pay Rate
   Review any offer letters, employment agreements, or company handbooks for your hourly rate or salary. If none exist, use your last available pay stub, bank deposit records, or IRS forms (W-2, 1099) to infer your rate. In absence of direct evidence, you may rely on industry standards and the employer’s typical pay practices.
2. Reconstruct Hours Worked
   Use alternative evidence such as shift schedules, emails, text messages, calendar entries, job site logs, and coworker affidavits to estimate the number of hours you worked each day or week. Document any training periods, breaks, on-call time, and overtime hours (hours over 40 in a workweek).
3. Calculate Wages Owed
   Multiply your established hourly rate by the reconstructed hours. For overtime, apply a rate of one and one-half times your regular rate for each hour over 40 per week, following federal guidelines and Wyoming’s wage‐hour regulations.
4. Compile Supporting Evidence
   Gather all available records: bank statements showing deposits, tax forms, pay stubs, written communications with your employer, and signed affidavits from coworkers. Organize this evidence chronologically to show consistency in your estimates.
5. Invoke Wyoming Statutes and File Your Claim
   Under W.S. 27-4-501 (link below), you can file a civil action in district court or submit a wage complaint to the Wyoming Department of Workforce Services, Wage and Hour Division. Courts may award the unpaid wages plus an equal amount in liquidated damages, reasonable attorney fees, and court costs.

Wyoming Statute W.S. 27-4-501: https://wyoleg.gov/statutes/compress/title27/chapter4.pdf#page=37

Helpful Hints

• Start tracking your hours in writing immediately to avoid record gaps.
• Send a written request to your employer for missing pay stubs or payroll records—keep a copy.
• Use time-stamped communications (email, text) to verify your schedule.
• Maintain copies of all correspondence related to your wage claim.
• If your damages are large or your claim is complex, consider consulting an employment attorney.