Wyoming Employment Law — Overtime & Final Paycheck Calculator

Frequently Asked Questions

• Does Wyoming have its own overtime law?

  Wyoming does not have a general state overtime law for private-sector workers. Employers must comply with the federal FLSA, which requires 1.5× pay for all hours worked over 40 in a workweek. However, employees on public works projects are entitled to overtime for hours exceeding 8 per day or 40 per week — whichever threshold is reached first (as of 2026).

• When must a Wyoming employer issue a final paycheck?

  Under Wyoming W.S. 27-4-104 (as of 2026), final wages must be paid by the employer's next regular payday or within 5 working days of the separation date — whichever comes first. This rule applies to both fired and voluntarily resigned employees.

• What is the penalty for a late final paycheck in Wyoming?

  If an employer pays final wages late, Wyoming courts must award the employee 18% annual interest on the overdue wages, calculated from the date of separation, plus reasonable attorney fees and all costs of the lawsuit (W.S. 27-4-104, as of 2026).

• Do Wyoming public works employees get daily overtime?

  Yes. Employees on public works projects in Wyoming earn overtime pay at 1.5× their regular rate for hours exceeding 8 per day or 40 per week, whichever threshold is triggered first. Private-sector employees follow only the federal FLSA 40-hour weekly threshold.

• Does Wyoming require employers to provide meal or rest breaks?

  No. Wyoming has no state statute requiring employers to provide meal breaks or rest periods for adult workers. The federal FLSA is also silent on required breaks for adults. Break policies are set by individual employers.

• Does Wyoming have a minimum wage above the federal level?

  No. Wyoming's state minimum wage is $5.15 per hour, which is below the federal minimum of $7.25. Because the federal FLSA preempts lower state rates, most Wyoming employers must pay at least $7.25 per hour. Wyoming also follows the federal tipped wage rules ($2.13/hr cash wage with tip credit), the same as the FLSA floor (as of 2026).

• Are non-compete agreements enforceable in Wyoming?

  Wyoming does not have a specific statute governing non-compete agreements. Courts apply a common-law reasonableness test: a non-compete is enforceable if it protects a legitimate business interest, is reasonable in duration and geographic scope, and is not adverse to the public welfare. There is no statutory salary threshold or ban (as of 2026).

• Does Wyoming have a state-mandated sick leave law?

  No. Wyoming has no state law requiring employers to provide paid or unpaid sick leave. The federal FFCRA emergency sick leave provisions expired and were not made permanent. Sick leave policies in Wyoming are entirely employer-discretionary.