Wyoming Labor Laws

In the US, the federal Fair Labor Standards Act (FLSA) manages the time spent by employees in the workplace, safeguarding their rights and guaranteeing fair pay for their efforts. These laws act as directives for employers, keeping them in check, and minimizing any forms of abuse or exploitation.

In Wyoming, time management laws are a combination of state and federal mandates. While all employees in the state are entitled to a minimum wage, those covered by the FLSA receive a higher minimum wage, which takes precedence over the state minimum wage. 

Wyoming laws do not establish general overtime requirements, except for certain public works employees. Similarly, state law also does not mandate meal or rest breaks.

For employers covered by the FLSA, overtime pay is required for all employees who work over 40 hours in a week. Still, employers are not mandated to provide breaks. 

Employers who contravene Wyoming time management laws can face severe legal ramifications, including fines, back pay, and damages. If workers feel that their employer has violated their wage rights, they can file a complaint with the Wyoming Labor Standards Office for investigation and legal action.

Employers in Wyoming are not allowed to discriminate against job applicants and employees for hiring, firing or promoting purposes based on certain protected characteristics under the Wyoming Fair Employment Practices Act (WFEPA). Protected characteristics include:

If an employer wants to hire laborers from outside Wyomin As per the Wyoming Preference Act, it is mandatory for contractors involved in public projects to hire skilled laborers from Wyoming exclusively. 

If an employer needs to hire employees outside Wyoming, they need to demonstrate there are no skilled laborers available within the state for the job, and that the available workers are not qualified to perform the required tasks. Moreover, the employer is required to inform the nearest state employment office that their job openings could not be filled based on the provided listings.

Wyoming follows the “at-will employment” principle when it comes to its termination policies. This means that either the employer or the employee has the right to end the employment relationship at any time. 

However, an at-will employment contract can be overruled if an employee is terminated in violation of public policy or if the employee’s contract implies a specific termination process. 

After termination in Wyoming, an employee’s final paycheck must be given to them before or on the next regularly scheduled payday.

Some additional laws that are important in Wyoming include:

• Health Insurance Continuation Laws: Under the federal Consolidated Omnibus Budget Reconciliation Act (COBRA), employees in Wyoming may qualify for ongoing health insurance coverage after being terminated or experiencing a major life event, such as a significant reduction in work hours, divorce, a serious health condition preventing work, or dealing with a family member’s serious health issues. COBRA regulations apply to employers with 20 or more employees and can provide health insurance continuation for a maximum of 36 months. For businesses with fewer than 20 employees, Wyoming offers Mini-COBRA coverage on a state level, allowing continued insurance for a maximum of 12 months. 
• Workplace Safety Laws: Wyoming’s OSHA-approved state plan covers most private sector employees in the state. The plan adopts all workplace safety regulations included in the federal OSH Act, as well as additional regulations for oil and gas drilling and servicing. Wyoming OSHA can conduct routine inspections of workplaces to inspect for hazards and flag violations of the law. They also provide free health and safety training to employers. 
• Whistleblower Protection Laws: State employees in Wyoming are protected from punishment, harassment, or unfair treatment by their employer if they report fraud, waste, or serious mismanagement in a state office. Employees are also protected if they take part in an inquiry or refuse to follow an employer’s directions that could cause serious injury or death. However, these reports must be made in good faith by the employee. 
• Smoking Laws: Wyoming is the only state in the U.S. that does not outline any policy to prohibit workplace smoking. Also, employers in the state are not allowed to discriminate against a job applicant or employee on the basis of smoking outside of work hours, unless the job itself requires otherwise.
• Recordkeeping Laws: Under the Wyoming Minimum Wage Act, employers are required to maintain certain employment records, including the employee’s name, address, occupation, wage rate, total wages paid in each pay period, and daily and weekly work hours. These records must be maintained for at least two years.

Most employees in Wyoming are entitled to a minimum wage of $5.15 per hour as per state law. However, employers covered by the FLSA are required to pay their workers at least $7.25 per hour.  

An employee who earns more than $30 in tips regularly each month is considered a tipped employee in Wyoming as per federal law. 

These employees are entitled to earn $2.13 per hour in cash wages, whereas employers can retain $5.12 as tip credit. 

However, employers in Wyoming must ensure that the tipped employee’s cash wages and tips combine to equal the federal minimum wage i.e. $7.25 per hour. If not, the employer is required to make up the difference.

Certain professions in Wyoming are exempt from minimum wage laws as per federal law. These include:

• Agricultural workers
• Individuals employed in domestic services
• Outside salespersons
• Professional, administrative, and executive staff if they earn more than $684 per week

Most employers in the state are not required by Wyoming labor law to have a regular pay schedule.

Only employees working in railroad operations, mining, refinery operations, prospecting, oil and gas production, factory work, mill operations, and workshops must be paid bi-monthly.

Wyoming labor law does not have a general regulation for overtime compensation, except for public works employees employed by public employers. 

These employees — laborers, workmen, or mechanics — are entitled to overtime pay if they work more than eight hours in a day or over 40 hours in a workweek. Overtime wages are calculated at 1.5 times the employee’s regular hourly pay. 

However, any employer who is covered by the FLSA is mandated to pay overtime wages to their employees if they work more than 40 hours in a week. Under federal law, overtime pay is also calculated at 1.5 times the employee’s regular hourly wage.

Certain employees in Wyoming are not entitled to overtime pay, even if they work more than 40 hours in a week, as per state law. This includes:

• Salaried supervisors, pofessionals and administrators
• Commission-based workers
• Outside sales representatives

Employers in Wyoming are not obligated to offer meal or rest breaks to their employees as per state and federal law.

However, if an employer covered by the FLSA decides to provide these breaks, it must adhere to certain guidelines. 

A rest period that lasts between five to 20 minutes is considered time worked and must be compensated at the employee’s regular rate. Breaks that last longer are not paid and can be used as a meal period.

Employers in Wyoming are required to give nursing mothers reasonably timed breaks to express milk in the workplace for up to one year after giving birth, as per the FLSA. 

Along with frequent breaks, employers must provide a private space that is protected from public view (excluding toilet stalls and restrooms) for this purpose.

The following are some of the leave types that Wyoming employers must provide to their employees:

• Family and Medical Leave: The federal Family and Medical Leave Act (FMLA) allows eligible employees in Wyoming to take up to 12 weeks of unpaid leave for qualifying reasons such as childbirth and caring for a newborn, adopting or fostering a child, experiencing a serious health issue that prevents them from working, or having a family member with a serious health issue. To be eligible for FMLA leave, the employee must have been working for the same employer for at least 12 months prior to requesting the leave and have worked at least 1,250 hours during those 12 months.
• Jury Duty Leave: Employers in Wyoming are not allowed to take any negative action against employees for taking jury leave, including threatening, punishing, or terminating an employee for serving on a jury. If an employer violates this rule, they may be held accountable in a court of law and could be liable for paying damages of up to $1,000 for each offense. However, it is important to note that any legal actions regarding these violations must be initiated withinsix months from the offense.
• Voting Leave: In Wyoming, employers must give their employees one hour of paid voting leave. The hour can be scheduled as per the discretion of the employer. However, an employee cannot take voting leave if they have more than three consecutive non-working hours when polls are open.

The following is a list of official public holidays that will be observed in Wyoming in 2025: 

Any individual under the age of 18 is considered a minor as per state law. 

Work Permits for Minors in Wyoming

Work permits are not required for minors seeking employment in Wyoming as per state law. 

However, employers covered by federal law are mandated to keep accurate records including the date of birth of workers under 19 years of age. 

Employers subject to Wyoming labor law cannot require a minor to work more than eight hours in a 12-hour period. Work hours cannot be scheduled before 5 a.m. or after 10 p.m. on any day before a school day. Also, minors cannot be required to work after midnight on the night before a school day.

Minors who are not attending school can, however, work for eight hours between 5 a.m. and midnight. 

Under federal law, work hour restrictions for minors are stricter. Work schedules vary based on the requirement for the minor to attend school, which is as follows:

• On school days: Three hours daily, only during non-school hours. No more than 18 hours a week. 
• On non-school days: Eight hours daily. No more than 40 hours weekly. 

Work hours can only be scheduled between 7 a.m. and 7 p.m. as per federal law. However, this can be extended until 9 p.m. between June 1st and Labor Day. 

In Wyoming, minors aged between 14 and 17 are prohibited from employment in the following occupations as per federal law: 

• Roofing 
• Logging, sawmilling, or operating power-driven machinery
• Mining of any kind
• Street peddling (selling goods or services door-to-door, on streets, or in public places)
• Wrecking, demolition, or ship-breaking
• Manufacturing or storing explosives
• Driving motor vehicles or working as helpers on vehicles
• Manufacturing brick, tile, or related products
• Slaughtering, meat packing, processing, or rendering
• Trenching or excavation
• Using hazardous power-driven machines

Additionally, minors aged 14 and 15 are prohibited from operating golf carts, lawn mowers, tractors, trimmers, weed eaters, edgers, and any kind of terrain vehicle. They are also prohibited from handling poultry for transport or sale.