Wyoming Labor Laws Guide

Ultimate Wyoming labor laws guide: minimum wage, overtime, breaks, leave, hiring, termination, and miscellaneous labor laws.

Wyoming Labor Laws FAQ
Wyoming minimum wage $5.15
Wyoming overtime laws 1.5 times the rate of regular pay after working 40 hours in a workweek
$10.88 per hour for minimum wage workers under federal provisions
$7.72 per hour for minimum wage workers under state provisions
Wyoming break laws Breaks not required by law
Wyoming Labor Laws Guide

Table of contents

Wyoming wage laws

First on our list of state labor laws are Wyoming wage laws.

Here they are, divided into several subcategories:

Regular minimum wage Tipped minimum wage Subminimum wage
$5.15 $2.13 Youth minimum wage — $4.25
Employees with disabilities — rate determined by government agency

Wyoming minimum wage

Wyoming has its own state minimum wage of $5.15 per hour.

However, as this amount is lower than the federal minimum wage — currently $7.25 — most employers must pay their employees at least the federal minimum wage rate.

When it comes to minimum wage coverage, the following rules apply:

Coverage Under the FLSA FAQ

Tipped minimum wage in Wyoming

Employees who regularly receive more than $30 in monthly tips are considered “tipped employees” under both federal and Wyoming state law.

Tipped employees in Wyoming can be paid a reduced tipped minimum wage of$2.13 per hour.

However, if the direct wages, when combined with tips, do not meet the regular minimum wage of $5.15 (or $7.25 — whichever one is applicable) — the employer should cover the difference.

Subminimum wage in Wyoming

Subminimum wage, by definition, is any wage lower than the applicable federal, state, or local minimum wage.

Under FLSA provisions, Wyoming employers can apply for a special license in order to pay a subminimum wage to employees with disabilities.

The wage rate for employees with disabilities is determined by a government agency, and should reflect the productive capacity of the employee.

Additionally, Wyoming employees under 20 years of age can be paid a “youth minimum wage” of $4.25 during their first 90 days of employment.

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Exceptions to the minimum wage in Wyoming

There is significant overlap between categories of employees exempt from the state and federal minimum wage requirements.

As such, here are a few examples of occupations exempt from both:

Minimum Wage Exemptions Under the FLSA

Wyoming payment laws

Most Wyoming employers are not required to establish a regular pay schedule.

Exceptions exist for the following occupations:

Employers operating in the listed industries are required to pay their employees on a semimonthly schedule.

This means that wages earned during the first half of one month must be paid on or before the first day of the following month.

Wages earned during the latter part of the month must be paid on or before the fifteenth day of the following month.

Wyoming overtime laws

For employees covered by the federal FLSA regulations, all work exceeding 40 hours in a workweek is considered overtime.

For the purposes of overtime calculation, a workweek is defined as a recurring period of 7 days (168 hours), which does not necessarily correlate to usual time of day and week days.

All overtime hours worked must be paid at the rate of 1.5 times the regular pay.

Overtime exceptions and exemptions in Wyoming

Wyoming state law also defines occupations exempt from overtime provisions, including:

All of the listed categories are also exempt from federal overtime requirements.

However, federal exemptions apply only to supervisors, professionals, and administrative employees who earn more than $684 per week.

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Wyoming break laws

There are no particular state or federal laws requiring Wyoming employers to provide meal breaks or rest periods during work hours.

Employers under federal provisions who choose to provide breaks as a company benefit must follow these requirements:

Exceptions to break laws in Wyoming

There are no particular exceptions to break laws in Wyoming.

Wyoming breastfeeding laws

Under the federal FLSA provisions, Wyoming employers have to provide additional break time for nursing mothers.

This means that the employer is responsible for providing the employee reasonable time and accommodation to express their breast milk.

In addition to more frequent breaks, the employers must provide adequate facilities for this purpose — other than toilet stalls and restrooms.

The right to additional breaks is extended up to one year after childbirth.

Wyoming does not have any additional state laws concerning breastfeeding in the workplace.

Wyoming leave requirements

This section of the guide covers both the required and the non-required types of leave in Wyoming.

Wyoming required leave

First off, we have the types of leave required by Wyoming law:

Family and medical leave

The federal Family and Medical Leave Act (FMLA) provides eligible Wyoming employees up to 12 weeks of unpaid leave in case of medical emergencies.

Some types of events that may qualify an employee for family and medical leave include:

As for the basic requirements the employees need to fulfill to be eligible for this type of leave, federal law requires that the employee must have:

Family and Medical Leave FAQ

Jury duty leave

No employer in Wyoming can legally threaten, discipline, or discharge an employee who chooses to attend jury duty during work hours.

Provided that any offenses to this rule are brought to court within 6 months, employers may be liable for up to $1,000 dollars in damages for each violation.

Military leave

All members of the uniformed services are eligible for unpaid military leave under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA) law.

This law allows employees to leave for deployment, and be reinstated to their position once they return.

However, they must meet the following conditions:

Additionally, the employee is entitled to keeping all the benefits, as well as the level of seniority they held prior to the deployment.

Voting time leave

Wyoming employers are required to provide 1 hour of voting time leave to their employees without loss of pay.

This rule does not apply to employees who have at least 3 consecutive hours off duty while the polls are open.

Sick leave (for State employees)

Wyoming public employees can accrue sick leave at the rate of 8 hours per month, amounting to 12 days per year.

Additionally, sick leave can be carried over from year-to-year, with no upper limit to the amount of accrued hours.

Annual and holiday leave (for State employees)

Full-time State employees receive accrued annual leave at different rates, in accordance with the number of months served:

Months served

Monthly hours earned

0–48 months

8 hours

49–108 months

10 hours

109–168 months

12 hours

169–228 months

14 hours

229 or more months

16 hours

Any unused annual leave can be carried over from one year to the next, as long as it does not exceed the following carry-over maximum:

Months served

Carry-over maximum

0–108 months

240 hours (30 days)

109–168 months

288 hours (36 days)

169–228 months

336 hours (42 days)

229 or more months

384 (48 days)

Additionally, employees are entitled to holiday leave on 9 national holidays:

If the holiday falls on a Sunday, public offices will be closed on the next day.

Wyoming non-required leave

Moving on, we have the types of leave not required by Wyoming law, unless otherwise specified in the contract between employer and employee:

Sick leave (private employees)

There are no regulations which would require private Wyoming employers to provide sick leave to their employees.

Bereavement leave

Neither private nor public employers in Wyoming are required to provide bereavement leave to their employees.

Vacation, annual, and holiday leave (private employees)

Private Wyoming employees are not entitled to vacation, annual, or holiday leave.

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Child labor laws in Wyoming

Most working minors in Wyoming are subject to federal FLSA regulations.

To be exempt from federal provisions, and subject to Wyoming state ones, businesses must:

Wyoming state child labor laws regulate the working hours of minors this way:

As opposed to the state regulations, federal regulations differentiate these two age categories when it comes to legal working hours for minors:

Wyoming labor laws for minors under the age of 16

Minors under the age of 16 can work the following hours:

Wyoming labor laws for minors aged 16 and 17

There are no particular laws concerned with working hours of minors aged 16 and 17.

Prohibited occupations for minors in Wyoming

Federal law also regulates occupations prohibited to minors, which are considered too dangerous for employees under 18 years old to perform.

In Wyoming, prohibited occupations and activities for minors are some of the following:

In addition to federal regulations, minor employees covered by state law cannot:

Hiring laws in Wyoming

Under the Wyoming Fair Employment Practices Act (WFEPA), job applicants have a right to a fair hiring process, protected by prohibiting discrimination on the basis of:

These provisions prohibit Wyoming employers from refusing to hire or treating differently any job applicants or employees on the basis of any of the listed characteristics.

General Discrimination Complaint Form Employees With Disabilities Discrimination Complaint Form

Termination laws in Wyoming

Wyoming is one of the majority US states which use the principle of “at-will employment to regulate their termination policies.

Being employed under these terms means that the employment relationship can be terminated by either the employer or the employee, at any time.

Additionally, neither party needs to provide a particular argumentation for the termination.

Final paycheck in Wyoming

Upon termination, employers must pay the employees their final paycheck before or on the next regularly scheduled payday.

If the employer fails to pay the employee within this time period — the employee can file a wage complaint with the Wyoming Department of Workforce Development.

File an Online Wage Claim

COBRA and Wyoming Mini-COBRA laws

Under the provisions of the federal Consolidated Omnibus Budget Reconciliation Act (COBRA), Wyoming employees may be eligible for continued health insurance following a termination, or a significant stressful life event, such as:

COBRA laws cover employers with 20 or more employees, and may allow the continuation of health insurance for up to 36 months.

Additionally, employees working in businesses with fewer than 20 employees are covered by the Wyoming Mini-COBRA, which allows continued insurance for up to 12 months.

Both the COBRA and the Mini-COBRA usually have a price cap at 102% of the original cost.

Wyoming Mini-COBRA information

Occupational safety in Wyoming

Wyoming has a state plan for workplace safety, approved by the federal Occupational Safety and Health Administration (OSHA).

This state plan has established the Wyoming Department of Workforce Services, devoted to ensuring safe working conditions for Wyoming workers.

The agency does this by performing workplace inspections, as well as processing safety hazard complaints, in order to make sure that workplaces are free from known hazards.

Wyoming OSHA contact information

Miscellaneous Wyoming labor laws

In the end, we have a brief review of some of the miscellaneous Wyoming labor laws which do not strictly fit into the previously mentioned categories.

These include the following:

Wyoming Preference Act

According to the Wyoming Preference Act, all contractors working on public projects must employ only Wyoming skilled laborers.

To employ laborers form outside Wyoming, the employer must prove that:

Additionally, the employer must contact the nearest state employment office to notify them that their employment needs could not be filled from the provided listings.

Whistleblower protection laws

Wyoming’s whistleblower laws provide a level of protection to public employees who report suspected or witnessed violations of state or federal laws.

These laws prohibit employers from discharging, threatening, or in any other way retaliating against a whistleblower filing a complaint in good faith.

Background check laws

Wyoming employers have to make sure to follow the regulations provided in the federal Fair Credit Reporting Act (FCRA) when conducting employee background checks.

As a general rule, criminal background checks are only required before hiring:

Drug and alcohol testing laws

There are no regulations regarding employee drug and alcohol testing in Wyoming.

However, the state of Wyoming offers a 10% discount on employee compensation insurance premium base rates to employers who implement a drug-free workplace program.

Additionally, if drug or alcohol testing is required as a condition of employment — the applicant may be required to cover the cost of the testing.

Record-keeping laws

Wyoming regulations require that employers maintain accurate and permanent employee records, including the following information:

All employee records must be kept for at least 2 years, and be kept in a place that is easily accessible in case of an inspection.


We hope this Wyoming labor law guide has been helpful. We advise you to make sure you’ve paid attention to the links we’ve provided, as most of them will lead you to the official government websites and other relevant information.

Please note that this guide was written in Q3 2022, so any changes in the labor laws that were included later than that may not be included in this Wyoming labor laws guide.

We strongly advise you to consult with the appropriate institutions and/or certified representatives before acting on any legal matters.

Clockify is not responsible for any losses or risks incurred, should this guide be used without further guidance from legal or tax advisors.

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