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Wage and Hour Laws

Minimum Wage

Wyoming’s minimum wage is $5.15 per hour, which is lower than the federal minimum wage. However, the federal rate—$7.25 per hour—applies to most workers in Wyoming, as many workers are protected under the Fair Labor Standards Act (FLSA).

Wyoming doesn’t have a separate youth wage. Most employers can pay the federal youth minimum wage of $4.25 per hour for employees under 20 years old during their first 90 consecutive calendar days of employment.

The federal minimum wage law also has exemptions for certain employees, including:

  • Outside salespeople.
  • Agricultural workers.
  • Certain seasonal amusement or recreational establishment workers.

Tipped Minimum Wage

In Wyoming, tipped employees are paid a minimum cash wage of $2.13 per hour, following FLSA guidelines. Employers can claim a tip credit of up to $5.12 per hour, which allows them to count a portion of the tips employees receive toward the minimum wage requirement. 

However, if an employee’s tips plus their $2.13 hourly wage don’t meet the federal minimum wage, the employer must make up the difference. Employers must also inform their tipped workers about the tip credit provisions. 

Additionally, federal law permits tip pooling arrangements, provided that only employees who customarily and regularly receive tips—such as servers and bartenders—are included.

Overtime Laws

In Wyoming, overtime pay for most employees follows the federal FLSA rules.

Under the FLSA, nonexempt employees must be paid at a rate of 1.5 times their regular hourly wage for all hours worked over 40 in a workweek. 

There’s one notable exception in Wyoming that goes beyond the FLSA: For laborers, workmen, or mechanics employed on public works projects, overtime pay is required at 1.5 times the hourly rate for any hours worked over 8 in a single day or 40 in a week. This daily overtime provision doesn’t apply to private sector employees.

As with the federal law, there are exemptions in Wyoming based on job duties and compensation level. Employees classified as executive, administrative, professional, and certain outside sales roles are exempt from overtime pay requirements if they meet the FLSA’s duties tests and salary thresholds.

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Break Laws

Meal and Rest Breaks

Wyoming doesn’t mandate meal or rest breaks. Employers in the state typically follow the FLSA guidelines. The FLSA doesn’t require meal or rest breaks, but if employers choose to provide short breaks (5–20 minutes), those breaks must be paid. Meal breaks, typically 30 minutes or more, don’t need to be paid if the employee is fully relieved of all duties.

Recordkeeping Requirements

There’s no state law outlining recordkeeping requirements for employee wages, hours, and related work conditions. 

FLSA-covered employers must follow federal recordkeeping requirements and keep detailed records of each employee’s work-related information. This includes:

  • Personal details like full name, address, and Social Security Number.
  • Date of birth (for employees younger than 19).
  • Occupation or job title.
  • Time and weekday when the workweek begins.
  • Each workday’s and workweek’s total hours.
  • Basis on which wages are paid—whether hourly, daily, weekly, or another method.
  • Regular hourly pay rate.
  • Total daily or weekly straight-time earnings.
  • Total weekly overtime earnings.
  • Any deductions from or additions to wages.
  • Total wages paid each pay period.
  • Date and pay period of each payment.

FLSA-covered employers must retain these records for at least 3 years. For records related to wage computations, such as time cards and work schedules, the federal retention period is 2 years.

Exempt employees—like those in executive, administrative, or professional roles—aren’t excluded from recordkeeping rules entirely. Employers still must document the basis on which pay is determined, total compensation paid, and hours worked in some cases to ensure the exemption is properly classified.

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Scheduling Laws

Wyoming doesn’t have state-level predictive scheduling or fair scheduling laws: No rules require advance notice of work schedules, compensation for last-minute schedule changes, penalties for on-call shifts that aren’t used, days of rest each workweek, or similar scheduling-related worker protections.

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Employee Compensation and Benefits

Reporting Time Pay

Wyoming doesn’t have any state-specific “reporting time pay” laws. If an employee is scheduled to work but sent home early or not given their full shift, their employer doesn’t have to pay them for the act of reporting to work—they’re obligated to pay them for time spent working only.

Payday Frequency and Method

Employers must establish regular paydays and must notify employees in advance if they choose to change them. There’s no set payday frequency for most workers. 

However, those employed in the oil industry must be paid on the 1st and 15th of each month.

Wyoming law allows employers to pay wages in the following ways:

  • Cash.
  • Check.
  • Direct deposit into an account of a financial institution designated by the employee, but only with the employee’s consent.
  • Payroll cards, provided the employee agrees to this method in writing.

Paystub Requirements

Wyoming law requires employers to provide every employee with a pay statement each time wages are paid. This paystub can be in either paper or electronic format, provided it includes the necessary information and employees have access to review it.

The paystub must contain the following details:

  • The pay period covered by the payment.
  • Total hours worked during the pay period.
  • Gross wages earned.
  • Itemized deductions taken from wages, such as taxes, insurance premiums, or other withholdings.
  • Net pay received.

Electronic paystubs are permissible in Wyoming, as long as employees have a reliable means of accessing and printing them. Employers should ensure that employees who prefer paper copies can still receive them upon request.

Wage Deductions and Garnishments

In Wyoming, wage deductions and garnishments must align with both state and federal guidelines.

Employers in Wyoming can make deductions from wages only if those deductions are authorized by law, required by a valid debt repayment plan (wage assignment), or agreed to in writing by the employee. Typical lawful deductions include:

  • Taxes, Social Security, and other legally required withholdings.
  • Employee contributions to benefits such as health insurance or retirement plans.
  • Repayment of wage advances or loans if the employee consents in writing.
  • Deductions for losses due to damage or shortage, but only if the employee voluntarily agrees in writing.

Wyoming law also permits deductions for uniforms, tools, or other items if there’s a clear written agreement and the deduction doesn’t bring the employee’s wages below the applicable minimum wage.

When it comes to wage garnishments—such as for child support or creditor debt—the federal Consumer Credit Protection Act (CCPA) sets the maximum amounts that can be garnished from an employee’s disposable earnings (i.e., the earnings that remain after legally required deductions have been made):

  • Up to 25%, or…
  • The amount by which these earnings exceed the [federal minimum wage x 30].

The amount that’s less is the amount that applies. 

For child support or alimony, these limits can be higher: up to 50% of disposable earnings if the worker supports another spouse or child, and up to 60% if not. These limits increase by an additional 5% if the payments are more than 12 weeks in arrears.

Employers that don’t handle deductions and garnishments properly can face penalties. 

Final Paycheck Laws

When an employee is separated from payroll—whether they quit, are fired, or are laid off—employers must issue the final paycheck by the next regular payday (unless the employer has agreed to a different arrangement in an employment contract or company policy).

The final paycheck must include all wages due for the employee’s last period of work, and employers can’t withhold payment for reasons such as unreturned property or other debts owed by the employee—unless there’s a valid, written wage deduction authorization or other legal justification.

Workers’ Compensation

Nearly all employees in Wyoming are covered by the state’s workers’ compensation system, regardless of the size of their employer. This includes both full-time and part-time workers. However, there are a few exceptions, such as certain agricultural workers, independent contractors, and domestic workers. Eligible employers must register with the Wyoming Department of Workforce Services and pay into the workers’ compensation fund, which is used to provide benefits to injured workers.

Employers must obtain workers’ compensation coverage through the Wyoming Department of Workforce Services. The state operates as an exclusive provider for mandatory workers’ compensation, but employers exempt from the mandate that want to obtain coverage may do so from a licensed insurer

If an employee is injured or becomes ill due to work, the workers’ compensation program can provide several types of benefits:

  • Medical care, including doctor visits, hospital care, prescriptions, and related treatments.
  • Temporary total disability (TTD) benefits for replacing lost wages while the employee is unable to work due to the injury.
  • Permanent partial disability (PPD) or permanent total disability (PTD) benefits, depending on the severity and impact of the injury.
  • Vocational rehabilitation services for helping workers who can’t return to their previous jobs find new employment.
  • Death benefits for surviving family members if the injury results in death.

Employees must report work-related injuries to their employer as soon as possible—and no later than 72 hours after the injury happens. Employees should then file a report of injury with the Wyoming Workers’ Compensation Division within 10 days—ideally, they should co-file with their employers. In any case, employers must file the report within 10 days of receiving news of the injury from their employee. Prompt reporting is crucial to avoiding delays or denials in benefits. 

Employees must file their workers’ compensation claim within 1 year of discovering that their injury was work-related.

If there’s a dispute about a claim, the employee or employer can request a hearing before the Wyoming Office of Administrative Hearings (OAH). Disputes must be raised within a reasonable timeframe.

Unemployment Insurance

Unemployment insurance (UI) in Wyoming provides temporary financial assistance to eligible workers who lose their jobs. 

Before doing any business, employers in Wyoming must register with the Division of Workers’ Compensation and Unemployment Insurance. They also must report quarterly wages and pay UI taxes, which are based in part on an experience rating issued by the state.

To qualify for unemployment insurance in Wyoming, individuals must:

  • Have earned enough wages in covered employment during the base period, typically the first 4 of the last 5 completed calendar quarters.
  • Be unemployed or working reduced hours through no fault of their own.
  • Be able and available to work—and actively seeking new employment.
  • File weekly claims and report any earnings or job offers.

The weekly benefit amount (WBA) is calculated based on the claimant’s earnings during the base period. In Wyoming, the WBA generally equals 4% of the total wages in the highest earning quarter of the base period, up to a maximum set by the state each year. For 2025, the maximum weekly benefit amount was $624.

Typically, benefits are available for up to 26 weeks in a benefit year. The state may also extend benefits during periods of high unemployment.

Individuals can apply for unemployment benefits online through the Wyoming Department of Workforce Services (DWS) website. The process involves:

  • Filing an initial claim.
  • Submitting weekly certifications to maintain eligibility.
  • Responding promptly to requests for additional information.

Within DWS, the Unemployment Insurance Division oversees claims processing and benefit payments. For disputes, individuals can request a hearing through the Appeals Tribunal, which conducts administrative reviews and hearings on contested claims.

Workplace Rights and Protections

Discrimination and Harassment

In Wyoming, employees are protected from workplace discrimination and harassment under both state and federal laws. Under federal law, employees in Wyoming are protected from discrimination based on:

  • Race.
  • Color.
  • National origin.
  • Sex (including pregnancy, sexual orientation, and gender identity).
  • Religion.
  • Age (40 and over).
  • Disability.
  • Genetic information.

At the state level, the Wyoming Fair Employment Practices Act (WEPA) also prohibits discrimination in employment based on:

  • Age.
  • Sex.
  • Race.
  • Creed.
  • Color.
  • National origin.
  • Disability.

Sexual harassment is considered a form of sex discrimination under both state and federal law. 

Federal anti-discrimination laws in Wyoming (like the Americans with Disabilities Act) apply to employers with 15 or more employees for most protections (though some apply only to employers with 20 or more). 

Meanwhile, the state-level WEPA applies to public and private employers with 2 or more employees, although religious organizations are exempted. 

Employers should have written anti-discrimination policies, provide training, and maintain clear reporting procedures to stay compliant with these laws.

Employees who believe they’ve experienced discrimination or harassment can file a complaint through either of these channels:

Due to a work-sharing agreement, a complaint filed with one agency will usually be cross-filed with the other. 

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Leave Laws

𐄂 Family and Medical LeaveWyoming doesn’t offer state-level family and medical leave.

However, family and medical leave is required under the federal Family and Medical Leave Act (FMLA). Employers with 50 or more employees within a 75-mile radius must provide up to 12 weeks of unpaid, job-protected leave for qualifying reasons, including a serious health condition, the birth or adoption of a child, or caring for a sick family member. 

To be eligible for FMLA leave, an employee must’ve worked for the employer for at least 12 months and logged at least 1,250 hours during the past year.
𐄂 Paid Sick LeaveWyoming doesn’t require employers to provide paid sick leave. 
𐄂 Paid Family LeaveWyoming doesn’t mandate paid family leave.
x Pregnancy and Parental LeavePregnancy leave isn’t specifically addressed under Wyoming law, but eligible employees are covered under the FMLA.
𐄂 Vacation and Personal LeaveVacation leave isn’t required by Wyoming law—though employers that offer it should abide by their employment contracts and company policies.  

Other Mandatory Leave

Military LeaveEmployees are protected under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), which applies in Wyoming. Employers must grant unpaid leave for active duty, training, or other service in the uniformed services. 

Returning service members are entitled to reinstatement to their previous or equivalent positions—with benefits and seniority preserved—provided they meet notice and service duration requirements. 
Jury Duty LeaveEmployers in Wyoming must allow employees to take leave for jury duty. They’re prohibited from disciplining, penalizing, or firing employees for responding to a jury summons. 

Employers aren’t required to pay employees during jury service and can’t require the employee to use accrued leave. Reinstatement is generally expected once jury duty ends.
Voting LeaveWyoming law requires employers to provide up to 1 hour of paid time off to vote if an employee doesn’t have 3 consecutive hours outside of work during polling hours. The leave must be requested before election day and taken at the employer’s discretion.
Victim and Witness LeaveWyoming law protects employees who are subpoenaed or otherwise required to appear as witnesses in court. Employers can’t retaliate against employees for complying with legal obligations to testify. The law doesn’t require the leave to be paid, but reinstatement is expected once testimony duties are complete.

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Child Labor Laws

Wyoming’s child labor laws are closely aligned with the federal FLSA, but the state also imposes additional rules for minors under 16. 

The minimum age for non-agricultural employment is 14. Children under 14 may not work in most jobs, with limited exceptions such as delivering newspapers, babysitting, or working for a parent’s business in non-hazardous roles.

Wyoming doesn’t require work permits for minors. However, employers hiring individuals under 19 must verify the minor’s age and ensure compliance with time and job restrictions. 

Minors under 16 are subject to strict limits on work hours, particularly during the school year:

School Weeks
  • Can’t work during school hours.
  • May work up to 3 hours on a school day and 18 hours in a school week.
  • Permitted to work between 7am and 7pm.
Non-School Weeks
  • May work up to 8 hours per day and 40 hours per week.
  • Permitted to work between 7am and 9pm during summer, from June 1 to Labor Day.

There are no hour restrictions for 16- and 17-year-olds.

Minors under 18 can’t be employed in hazardous occupations as defined by federal regulations. Examples of prohibited jobs include:

  • Operating heavy machinery.
  • Using power-driven meat slicers or bakery equipment.
  • Work involving exposure to harmful substances or extreme heat.

In addition, Wyoming specifically outlaws certain occupations for under-16s, including operating lawn mowers and cutters, as well as preparing poultry for transport. 

Workplace Safety and Health

In Wyoming, workplace safety and health standards are enforced through a state-approved plan that’s operated through the Wyoming Department of Workforce Services, Occupational Safety and Health Administration (Wyoming OSHA). 

This state plan has been approved by the federal OSHA and covers most private-sector workers, as well as state and local government employees. Federal OSHA retains authority over federal employees, maritime workers, and certain other limited sectors.

Employers in Wyoming must provide a workplace that’s free from recognized hazards likely to cause death or serious physical harm. Key obligations include:

  • Complying with all relevant safety and health standards issued by Wyoming OSHA.
  • Informing employees of their rights and responsibilities under the Wyoming Occupational Health and Safety Act.
  • Posting the OSHA Job Safety and Health poster in a visible location.
  • Providing safety training, personal protective equipment (PPE), and appropriate supervision.
  • Maintaining a written safety program and a record of workplace injuries and illnesses, if required.

Employees in Wyoming have the right to:

  • Work in a safe and healthful environment.
  • Receive training about workplace hazards and how to avoid them.
  • Report injuries, unsafe conditions, or violations without fear of retaliation.
  • Request a Wyoming OSHA inspection if they believe unsafe conditions exist.

Employees may also refuse to perform tasks that pose a risk of serious injury or death, provided certain legal thresholds are met.

Employers must report any work-related:

  • Fatality within 8 hours.
  • Inpatient hospitalization, amputation, or loss of an eye within 24 hours.

Recordkeeping requirements follow federal OSHA rules for most industries. Employers with 10 or more employees in high-risk sectors may need to maintain OSHA Form 300 logs.

Wyoming OSHA offers voluntary consultation services and training through its Consultation Program, which helps small and medium-sized businesses identify and correct hazards without the risk of penalties. The state also promotes participation in programs like the Wyoming Safety Improvement Fund, which can provide financial support for improving safety infrastructure.

Labor Union Regulations

Wyoming is a right-to-work state, which means employees can’t be required to join a union or pay union dues as a condition of employment—employees can freely choose whether to join or financially support a union. This protection applies to both public and private sector workers.

Wyoming law also guarantees the right to form and join a union. 

Federal protections under the National Labor Relations Act (NLRA) also apply. The NLRA guarantees employees the right to:

  • Form, join, or assist labor unions.
  • Engage in collective bargaining.
  • Take part in protected concerted activity, such as discussing wages or working conditions.
  • Refrain from union activity if they choose.

The National Labor Relations Board (NLRB) enforces these rights in Wyoming and handles disputes related to union organizing, unfair labor practices, and representation elections.

Violations of either state or federal labor law can result in legal challenges, penalties, or union decertification proceedings.

Employment Contracts and Severance

Employment Contract Laws

Wyoming is an at-will employment state: Either the employer or employee can terminate the employment relationship at any time, for any lawful reason or no reason at all, without prior notice. This doctrine applies unless the parties have entered into a specific contract that states otherwise.

However, at-will employment in Wyoming is subject to important limitations. Employers can’t terminate employees for discriminatory reasons, in violation of public policy (such as firing someone for filing a workers’ compensation claim), or in breach of an implied contract. For instance, if an employer’s handbook or consistent practices create a reasonable expectation of continued employment, courts may find an implied agreement that limits at-will termination.

Restrictive Covenants

Wyoming courts have historically enforced restrictive covenants—such as non-compete, non-solicitation, or confidentiality agreements—if they’re reasonable in scope, duration, and geographic reach, and necessary to protect legitimate business interests. 

From July 1, 2025, a new Wyoming law significantly limits the use of non-compete agreements. Moving forward, non-compete clauses will be generally unenforceable for most workers in the state. Exceptions exist for:

  • The sale or purchase of a business.
  • Protection of trade secrets.
  • Recovery of training or relocation expenses, with decreasing repayment obligations based on tenure (e.g., 100% if employed less than 2 years; 33% if employed 3–4 years).
  • Certain executive or managerial employees, though the law doesn’t strictly define these categories.
  • Physicians, who can’t be bound by post-employment non-compete clauses at all.

Agreements signed before July 1, 2025, will remain valid under prior law.

Severance Pay

Severance pay isn’t mandated in Wyoming. Employers that offer it should follow the terms outlined in their employment agreements or company policies. 

Additional State-Specific Employment Laws

mini-COBRAWyoming’s Mini-COBRA law requires employers with 2–20 employees to offer continued health insurance coverage to eligible employees after job loss or other qualifying events. The continuation coverage must match what was offered before separation, and the employee is typically responsible for paying the full premium, plus up to a 2% administrative fee.

Coverage under Wyoming Mini-COBRA is available for up to 12 months following the qualifying event. Employees must elect coverage within 31 days of losing eligibility, and employers are required to provide notice of this option.

Larger employers with 20+ employees must follow similar requirements under federal COBRA.

These resources are useful for employers and workers attempting to navigate Wyoming’s labor laws:

Disclaimer

The information presented on this website about labor laws in Wyoming is a summary for informational purposes only and is not intended as legal advice. However, laws and regulations regularly change and may vary depending on individual circumstances. While we have made every effort to ensure the information provided is up to date and reliable, we cannot guarantee its completeness, accuracy, or applicability to your specific situation. Therefore, we strongly recommend that readers seek guidance from their legal department or a qualified attorney to ensure compliance with applicable laws and regulations. Please note that we cannot be held liable for any actions taken or not taken based on the information presented on this website.

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