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.

Job applicants in Wyoming have the right to a fair hiring process under the Wyoming Fair Employment Practices Act (WFEPA). This act protects them by prohibiting discrimination based on certain factors, including:

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, like many other states in the US, 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. No specific reasons need to be provided for the termination.

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: According to 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. Both COBRA and Mini-COBRA typically have a price cap set at 102% of the original cost.
• Workplace Safety Laws: In order to ensure safe working conditions for workers in Wyoming, the state has developed a workplace safety plan that has been approved by the federal Occupational Safety and Health Administration (OSHA). The plan includes the establishment of the Wyoming Department of Workforce Services, which is dedicated to carrying out inspections of workplaces and addressing safety hazard complaints. The main goal of these efforts is to guarantee that workplaces in Wyoming are free from any known hazards.
• Whistleblower Protection Laws: Wyoming has established whistleblower laws to safeguard public employees who report any perceived or observed infractions of state or federal statutes. These laws specifically forbid employers from taking adverse actions such as termination, intimidation, or any other forms of retaliation against these whistleblowers who file complaints with sincerity and honesty.
• Drug and Alcohol Testing Laws: In Wyoming, there are currently no specific rules or regulations in place regarding drug and alcohol testing for employees. However, the state does provide a benefit to employers who choose to establish a drug-free workplace program by offering them a 10% discount on the base rates for employee compensation insurance premiums. It is worth noting that in cases where drug or alcohol testing is made mandatory as a requirement for employment, the applicant might be responsible for covering the expenses associated with the testing.
• Recordkeeping Laws: In order to comply with Wyoming regulations, employers are obligated to keep precise and permanent employee records. These records should include the employee’s name, address, occupation, daily and weekly work hours, rate of pay and wages paid within each pay period. 

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 the leave types that Wyoming employers must provide to their employees:

• Family and Medical Leave: The federal Family and Medical Leave Act (FMLA) is a law in Wyoming that allows eligible employees to take up to 12 weeks of unpaid leave in the event of a medical emergency. There are various situations that may qualify an employee for this type of leave, 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 meet certain requirements set by federal law. These requirements include working for the same employer for at least 12 months prior to requesting the leave and having worked at least 1,250 hours during that 12-month period.
• Jury Duty Leave: In the state of Wyoming, employers are not allowed to attack an employee’s job security or take any negative action against them for fulfilling their civic duty by attending jury duty during working hours. It is essential for employers to understand that they cannot threaten, punish, or terminate an employee for serving on a jury. In the event 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 within a period of six months.
• Voting Leave: In Wyoming, employers must give their employees 1 hour of leave to vote without any deduction in their pay. However, employees who have at least 3 consecutive hours off duty while the polls are open are exempt from this requirement.

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.