Wyoming Employment Law — full calculator

Frequently Asked Questions

• Does Wyoming require employers to pay overtime?

  Wyoming has no general state overtime law for private-sector workers — the federal FLSA (40 hours/week, 1.5× rate) is the controlling rule. Wyoming does impose an 8-hour-per-day work cap on public works projects (W.S. 16-6-110), but that cap can be waived by the employee; overtime pay on public works still triggers at 40 hours/week, not 8 hours/day.

• When must a Wyoming employer pay an employee's final paycheck?

  Wyoming W.S. 27-4-104 requires the employer to pay all earned wages by the next regular scheduled payday following the employee's last day. This rule applies equally to employees who are fired, laid off, or quit voluntarily. The federal FLSA sets no specific final paycheck deadline, so Wyoming's statute is the enforceable standard.

• Is there a different final paycheck deadline for employees who are fired versus those who quit in Wyoming?

  No. Unlike California (same day if fired) or many other states, Wyoming applies the same deadline regardless of how the employment ended: the next regular scheduled payday. There is no accelerated deadline for involuntary terminations under Wyoming law as of 2026.

• Are non-compete agreements enforceable in Wyoming in 2026?

  Mostly not. Wyoming enacted Senate File 107 (signed March 2025, effective July 1, 2025), codified at W.S. 1-23-108, which voids any covenant not to compete that restricts a worker's right to earn compensation. Non-competes signed on or after July 1, 2025, are void and unenforceable unless a narrow statutory exception applies.

• What exceptions exist to Wyoming's non-compete ban?

  Wyoming W.S. 1-23-108 recognizes four narrow exceptions: (1) covenants entered in connection with the sale or transfer of a business or its assets; (2) agreements covering 'executive and management personnel' and their direct professional staff; (3) covenants narrowly tailored to protect trade secrets as defined under Wyoming statute; and (4) physician-specific restrictions on medical practice are separately voided. All other post-July 2025 non-competes are void.

• Does Wyoming require meal or rest breaks?

  No. Wyoming has no state law requiring employers to provide meal periods or rest breaks for adult employees. The federal FLSA is also silent on mandatory break requirements. Break practices are governed by employer policy rather than state statute.

• Does Wyoming mandate paid sick leave?

  No. Wyoming does not have a state-mandated sick leave or earned paid leave law as of 2026. Sick leave is governed entirely by employer policy. The federal FFCRA COVID-era mandates have expired and are not extended.

• What is Wyoming's minimum wage in 2026?

  Wyoming's state minimum wage is $5.15 per hour (W.S. 27-4-204), which is below the federal minimum wage of $7.25. Because the federal rate is higher, covered FLSA employers must pay at least $7.25 per hour. Wyoming has not set a rate above the federal floor, so the $7.25 federal floor applies statewide.

• What wages must be included in a Wyoming final paycheck?

  The final paycheck must include all earned wages through the last day of work: regular pay, overtime, and earned commissions per the wage agreement (W.S. 27-4-507). Accrued vacation or PTO is required only if the employer's written policy or a signed agreement provides for payout on separation — employers may legally forfeit it if a written, acknowledged policy says otherwise.

• What can an employee do if a Wyoming employer misses the final paycheck deadline?

  Employees can file a wage claim at no cost with the Wyoming Department of Workforce Services, Labor Standards Division (dws.wyo.gov). The division investigates unpaid wage complaints and can require employers to pay owed wages. Employees may also pursue a private civil action to recover unpaid wages under Wyoming law.