§ 27-4-303 — Liability of employer generally; liquidated damages; individual and group actions; assignment of claim

(a) An employer who violates the provisions of W.S.
27-4-302 shall be liable to the employee or employees affected
in the amount of their unpaid wages, and in an additional equal
amount as liquidated damages. Action to recover liability may be
maintained in any court of competent jurisdiction by any one (1)
or more employees for and in behalf of the employee or the
employees and other employees similarly situated, and no
agreement by the employee to work for less than the wage to
which the employee is entitled under this act shall be a defense
to any action.
(b) Upon receipt of a written claim by any employee of a
violation of this act, the director shall process, investigate
and determine the validity of the claim. The director shall
have power to join various claims against the same employer in
one (1) claim. If either the employer or employee is aggrieved
by the director's determination, the aggrieved party may request
a fair hearing. The aggrieved party must file a written request
for hearing within fifteen (15) calendar days of receipt of the
director's determination. Upon receipt of a timely submitted
request for hearing, the director shall appoint an independent
hearing officer to conduct the fair hearing between the employer
and employee. The fair hearing shall be conducted pursuant to
the Wyoming Administrative Procedure Act. The hearing officer's
determination shall constitute the director's final agency
action. Upon a finding by the hearing officer that the claim is
valid, the director shall order the employer to pay the amount
of wages due plus an additional equal amount as liquidated
damages. Where the employer failed to appeal an adverse
determination to the district court and failed to comply with
the director's order, the director shall refer the matter to the
appropriate county attorney for enforcement of the director's
order.