01W.S. § 27-4-202 — state minimum superseded by federal for FLSA workers
Wyoming's minimum wage is statutorily set at $5.15/hr under W.S. § 27-4-202, but is superseded by federal $7.25 for FLSA-covered employers. The bifurcated framework distinguishes Wyoming from neighboring federal-floor states (ID auto-tracks federal, ND adopts federal). State $5.15 applies only to FLSA-exempt workers.
Bifurcated application: federal FLSA covers enterprises with annual gross sales of $500K+ AND most healthcare, government, schools, and interstate commerce. Most Wyoming workers are covered by federal FLSA (and thus federal $7.25 minimum). Workers in small businesses below FLSA enterprise coverage threshold and not engaged in interstate commerce may fall under state $5.15 minimum. Multi-state operators should configure: FLSA coverage analysis at enterprise level; individual coverage analysis for workers engaged in interstate commerce; state $5.15 application for FLSA-exempt workers.
Outside sales exception (W.S. § 27-4-201): distinctive Wyoming framework — outside sales workers exempt from FLSA under § 13(a)(1) may legally receive $5.15/hr base wage as long as they have ability to earn commission by way of FLSA-approved sales practices. Sales must regularly occur away from employer's place of business. Multi-state operators with outside sales workforces in WY should configure: outside sales qualification verification; FLSA exempt classification documentation; sales-away-from-business documentation for compliance.
Tipped wage federal $2.13 cash + $5.12 tip credit: reaches $7.25 federal minimum. Wyoming does not set state-specific tipped wage — federal FLSA framework controls. $30/month tip threshold matches federal. If tips fall short, employer must make up difference. Tip credit cannot reduce wage below federal $2.13 cash floor.
Coverage exemptions parallel federal FLSA with Wyoming-specific outside sales provision: outside salespeople (with $5.15 framework under W.S. § 27-4-201); agricultural workers (federal FLSA agricultural exemption applies); certain seasonal/recreational workers; live-in domestic workers; certain commission-based workers; computer professionals earning $27.63+/hour. Industry concentration: oil and gas (Wyoming significant producer — Powder River Basin coal beds methane, Greater Green River Basin natural gas, Wind River Basin oil); coal mining (Wyoming produces approximately 40% of nation's coal — Powder River Basin includes Black Thunder, North Antelope Rochelle, Cordero Rojo mines); tourism (Yellowstone, Grand Teton, Devils Tower, Cody/Jackson Hole); cattle ranching; construction; healthcare. Multi-state operators expanding to WY should configure: FLSA coverage analysis with bifurcated state/federal application; outside sales exception qualification; tipped wage federal framework with reconciliation; industry-specific compliance.
Read the full Wyoming $5.15 state / $7.25 federal bifurcated framework guide →
02W.S. Title 27 Ch. 14 — state-administered insurer; occupational disease coverage
Wyoming workers' compensation administered by Wyoming Workers' Compensation Division — sole insurer (state monopoly). Wyoming is one of approximately 4 states (alongside OH BWC, WA L&I, ND WSI) prohibiting private insurers from underwriting workers' compensation. WY Workers' Compensation Division is the only provider for workers' comp insurance in the state.
All employers (with limited exceptions) must insure all workers through Wyoming Workers' Compensation Division. Employers may not purchase coverage through private carriers or out-of-state insurers. Limited exceptions: employers explicitly excluded by statute (typically include certain agricultural operations, casual labor, federal employees). The state-monopoly framework simplifies insurance procurement (no shopping among carriers) but eliminates competitive pricing pressure. Multi-state operators must configure WY-specific workers' comp procurement separate from policies in other states.
Premium structure: base premium based on payroll, industry classification, and experience modification factors. Wyoming Workers' Compensation Division publishes annual rate adjustments. Industry classification codes assign different base rates — high-risk industries (mining, oil/gas, construction) face higher premiums; lower-risk industries (office, healthcare administrative) face lower premiums. Experience modification factor adjusts premium based on employer's historical claims experience. Employers may participate in safety programs (Wyoming Workers' Safety) to qualify for premium discounts.
Occupational disease coverage included. Wyoming Workers' Compensation covers occupational diseases (work-related illnesses such as black lung, silicosis, asbestos exposure, hearing loss from prolonged noise exposure, repetitive stress injuries) in addition to traumatic injuries. Significant for WY coal mining and oil/gas industries with potential occupational disease exposure including respiratory diseases (coal worker pneumoconiosis aka 'black lung,' silicosis from silica dust, asbestos-related diseases).
Reporting workplace injuries via First Report of Injury within statutory timeframes. WY Workers' Compensation Division administers claims, dispute resolution, and benefits. Workers may pursue claims through WY Office of Administrative Hearings. Workers' comp benefits include medical coverage, temporary total disability, permanent partial disability, permanent total disability, vocational rehabilitation, death benefits. Industry concentration creates focus areas: oil and gas (high injury rates including hot work, fall protection, hazardous chemicals); coal mining (federal MSHA + WY occupational disease coverage); construction (fall protection, struck-by, electrocution top hazards); cattle ranching (animal handling, equipment); tourism/hospitality (slip and fall, repetitive motion); healthcare (patient handling, needlestick). Multi-state operators expanding to WY should configure: WY Workers' Compensation Division coverage from first hire; First Report of Injury workflow; occupational disease coverage analysis for hazardous industries; safety program participation for premium discounts.
Read the full Wyoming wy workers' comp state monopoly + occupational disease guide →
03W.S. § 27-4-104 — earlier of next payday or 5 business days
Wyoming's final pay rule under W.S. § 27-4-104 establishes earlier of next regular payday or within 5 business days after separation. Applies to both terminations and voluntary quits. Distinguishes Wyoming from immediate / next-business-day rules in CA, CT, DC, HI, MA, and from longer rules in many states (SD's 5-day-after-written-demand, ND's next-payday with 30-day default-up, ID's next-payday-or-10-days).
5-business-day calculation: 5 working days excluding weekends and holidays. The framework requires employers to process final payroll within compressed timeframe — multi-state operators using monthly or bi-weekly payroll cycles must process off-cycle final payroll for WY separations occurring more than 5 business days before next payday. The framework benefits workers (faster pay) but creates administrative urgency for employers.
Components included in final pay: regular wages through last day worked; overtime if applicable; commissions earned through last day (regardless of when commission would normally be paid under standard payroll cycle); expense reimbursements; bonuses if non-discretionary and earned through separation. Discretionary bonuses NOT included unless paid before termination. Vacation/PTO payout governed by employer policy: Wyoming does not mandate vacation payout at separation (unlike CA, MA, NE, IL). Employer policy controls — but written policy must be followed consistently.
Pay frequency under W.S. § 27-4-101: wages must be paid at least semi-monthly on regular paydays designated in advance. Workers must receive wages within 18 days of close of pay period. Distinguishes WY from neighboring SD, ND, ID (monthly minimum) and aligns with neighboring MT (semi-monthly minimum). The framework allows weekly, bi-weekly, semi-monthly, or any more-frequent schedule — but never less frequently than semi-monthly.
Wage statement requirements (W.S. § 27-4-101): employers must provide pay statement at each pay period showing wages, hours worked, deductions itemized, employer name. Penalty for late payment: WY DWS Labor Standards may pursue administrative remedies. Workers may pursue private right of action with damages and interest. Direct deposit: direct deposit allowed without transfer/transaction fees. Workers may opt out of direct deposit if employer offers alternative payment method. Multi-state operators with WY workforces should configure: 5-business-day final pay automation; off-cycle payroll processing capability; semi-monthly minimum pay frequency with 18-day close window; commission reconciliation through separation; vacation/PTO payout per written policy; wage statement compliance.
Read the full Wyoming wy 5-business-day final pay + semi-monthly pay guide →
04W.S. § 27-9 — anti-discrimination at 2+ employees; right-to-work since 1963
Wyoming Fair Employment Practices Act under W.S. § 27-9 prohibits employment discrimination at the 2+ employee threshold — among the lowest in the country alongside OK (OADA at 1+), ME (MHRA at 1+), DC (DCHRA at 1+), VT (VFEPA at 1+), MT (MHRA at 1+), RI (FEPA at 4+), SD (SDHRA at 1+). Distinguishes WY from federal Title VII (15+ employees) and federal ADEA (20+).
Protected categories under WY FEPA: race, color, religion, sex (including pregnancy), national origin, age (40+), disability. WY FEPA does NOT explicitly include sexual orientation or gender identity at state law level. The category list is narrower than CA, NY, NM, ME, RI, NH, VT, MA, IL, MN, NJ, CT, MD, OR, WA, NV (states with explicit SO/GI protection).
Federal Title VII fills SO/GI gap at 15+ employer workplaces: Bostock v. Clayton County (2020 SCOTUS) held that Title VII's prohibition on sex discrimination encompasses sexual orientation and gender identity. WY 15+ employer workplaces are covered by federal SO/GI protection through Bostock. WY 2-14 employee workplaces (covered by WY FEPA but not Title VII) lack SO/GI protection at either state or federal level. The gap reflects WY's narrower statute paired with Bostock's federal-only reach.
WY DWS Labor Standards enforces WY FEPA. Workers may file complaint with WY DWS Labor Standards within 180 days of alleged discriminatory act. Workers may dual-file with EEOC under work-sharing agreement (parallel federal Title VII, ADA, ADEA, GINA, PWFA claims where applicable at 15+ employer workplaces). 300-day filing window for federal claims. Pregnancy: covered under WY FEPA sex discrimination. Federal Pregnant Workers Fairness Act (Pub. L. 117-328, eff June 27, 2023) applies to 15+ employer workplaces in parallel — broader accommodation requirements than WY FEPA pregnancy coverage.
Right-to-Work since 1963 (W.S. § 27-7-108): workers cannot be required to join or pay dues to a union as condition of employment. Wyoming's right-to-work statute is one of older state right-to-work laws (predates many right-to-work enactments by decades). Distinguishes WY from neighboring Colorado (not right-to-work due to 1943 Labor Peace Act), Montana (not right-to-work). Aligns WY with neighboring SD, NE, ID, UT (right-to-work). Federal Labor-Management Relations Act § 14(b) explicitly authorizes states to enact right-to-work laws. The framework prohibits 'union security agreements' that mandate union membership or financial support. Workers may still join unions voluntarily and pay union dues voluntarily. Federal NLRA Section 7 protects workers' right to engage in concerted activity for mutual aid or protection. Industry concentration: oil and gas (Wyoming is significant oil and gas producer); coal mining (Powder River Basin); tourism (Yellowstone, Grand Teton, Devils Tower, Cody/Jackson Hole); cattle ranching; healthcare; construction. Multi-state operators expanding to WY should configure: anti-discrimination compliance from 2 employees under WY FEPA; SO/GI compliance via federal Title VII at 15+ employees; pregnancy accommodation under federal PWFA at 15+ employees; right-to-work compliance with no union security agreement requirement; WY DWS Labor Standards + EEOC dual-filing workflow.
Read the full Wyoming wy fair employment practices act + right-to-work guide →
05No Wyoming mandatory leave; federal FMLA + voluntary employer benefits
Wyoming has NO state-mandated paid sick leave (PSL) and NO state-mandated paid family and medical leave (PFML). Distinguishes WY from neighboring Colorado (Healthy Families and Workplaces Act PSL since 2021 + Family and Medical Leave Insurance benefits since 2024). Aligns WY with neighboring MT, SD, NE, ID, UT (no state PSL or PFML).
Federal FMLA applies in parallel: 50+ employee employers within 75-mile radius must provide up to 12 weeks unpaid job-protected leave under federal FMLA. Coverage includes: own serious health condition; family member care; bonding with new child; military exigency leave; military caregiver leave (26 weeks). Wyoming does not expand FMLA framework with state-specific provisions.
Employer-provided sick/PTO leave governed by employer policy. Most Wyoming employers provide some form of sick or PTO leave as competitive practice — especially for white-collar workers in oil and gas (Cheyenne, Casper), healthcare (Cheyenne Regional Medical Center, Wyoming Medical Center), professional services. Hourly workers in retail, food service, hospitality, agriculture often have limited or no employer-provided leave.
Pregnancy accommodation: federal Pregnant Workers Fairness Act (Pub. L. 117-328, eff June 27, 2023) applies to 15+ employer workplaces. Wyoming does not have state-level pregnancy accommodation framework beyond federal coverage. Wyoming Fair Employment Practices Act covers pregnancy under sex discrimination at 2+ employer workplaces — provides discrimination protection but not specific accommodation requirements. Multi-state operators with WY workforces should configure federal PWFA compliance at 15+ employees.
Domestic violence leave: Wyoming does not have state-mandated domestic violence leave. Distinguishes WY from KS (universal 8-day unpaid at all employers), CA, NY, NJ, RI, IL, NV state DV leave frameworks. Workers facing domestic violence rely on federal FMLA (if eligible) and employer policy. Crime victim leave: Wyoming does not have specific crime victim leave statute. Volunteer firefighter leave: Wyoming does not have explicit state-level volunteer firefighter leave protection (distinguishes WY from neighboring MT § 39-2-902 and from WV § 21-5-17). Multi-state operators with WY workforces should configure: federal FMLA compliance at 50+ employees; federal PWFA pregnancy accommodation at 15+ employees; voluntary employer-provided sick/PTO leave; no state mandatory leave framework.
Read the full Wyoming wy no state psl or pfml — federal fmla only guide →
06No Wyoming state OT statute — federal controls
Wyoming has no state overtime statute. Federal Fair Labor Standards Act (29 U.S.C. § 207) controls all overtime obligations. WY DWS Labor Standards directs OT inquiries to U.S. DOL Wage and Hour Division.
Federal FLSA: 1.5× regular rate for hours worked over 40 in workweek. Workweek is fixed, regularly recurring period of 168 consecutive hours (seven consecutive 24-hour periods). No state daily overtime trigger. No state seventh-day overtime trigger. No state double-time requirement. Distinguishes WY from CA (8-hour daily, 7-day weekly), KY (7-day weekly), and from neighboring CO (state OT framework with 12-hour daily, 80-hour 2-week trigger).
State exempt threshold $684/week federal default: Wyoming does not set state-specific exempt salary threshold above federal FLSA. Annual threshold $35,568 federal. Multi-state operators with WY workforces use federal threshold. Distinguishes WY from neighboring CO ($55,068/year — significantly higher state-specific threshold).
Federal regular rate calculation under 29 CFR Part 778 controls. All compensation components must be included in regular rate calculation: hourly wages, nondiscretionary bonuses, shift differentials, commissions, certain piecework. Failing to include nondiscretionary bonuses in regular rate is a common employer mistake.
Federal-only enforcement track: workers must pursue OT claims through U.S. DOL Wage and Hour Division (Denver regional office serves Wyoming). No parallel state enforcement track for OT calculation disputes. Workers may pursue private right of action under federal FLSA with double damages exposure (2× unpaid wages, 3× for willful violations) plus attorney fees plus interest. Common-law misclassification consequences: employers misclassifying non-exempt workers as exempt face federal FLSA double damages exposure plus interest. WY does not have parallel state-level wage payment claim for OT calculation disputes — workers must pursue federal FLSA. Federal Mine Safety and Health Administration (MSHA) enforces mine safety in WY in parallel with federal OSHA. Wyoming is significant coal producer (40% of nation's coal from Powder River Basin including Black Thunder, North Antelope Rochelle, Cordero Rojo mines). Multi-state operators with WY workforces should configure: federal FLSA OT tracking at 40 hours/workweek; federal regular rate with bonus inclusion; federal $684/week exempt threshold; salary basis test compliance for exempt classifications; MSHA mine safety compliance for mining operations.
Read the full Wyoming wy overtime — federal flsa only guide →
07No state break requirements; no pay transparency law; no state income tax
Wyoming has NO state law requiring meal or rest breaks for adult workers. Federal FLSA standards apply by default. Aligns WY with neighboring MT, SD, ND, ID (no state break requirement). Distinguishes WY from neighboring CO (state break requirements).
If employer voluntarily provides breaks: short rest periods 5-20 minutes must be paid (29 CFR § 785.18). Meal periods 30+ minutes can be unpaid IF worker is fully relieved of duties for entire period (29 CFR § 785.19). Workers cannot be required to remain at work station, answer phones, supervise others, or perform tasks during unpaid meal break. The 'fully relieved' standard is critical for unpaid meal break classification.
Federal PUMP Act for nursing employees: Federal PUMP for Nursing Mothers Act (Pub. L. 117-328, effective Dec 29, 2022) requires reasonable break time for nursing employees to express breast milk for one year after child's birth. Employer must provide private space (other than bathroom). Applies at 50+ employee employers in WY (smaller employers may claim undue hardship exemption based on size, financial resources, nature/structure of business).
WY has NO state pay transparency law requiring salary range disclosure in job postings. NO state pre-hire wage history inquiry ban. Aligns WY with neighboring MT, SD, ND, ID, NE, UT. Distinguishes from neighboring CO (1+ employee pay transparency since 2021), and from CA (15+), WA (15+), HI (50+), DC (1+), NY (4+), VT (5+), MD (no minimum), IL (15+). Federal NLRA Section 7 protects wage discussion at non-supervisory level.
NO state income tax in Wyoming: federal IRC § 225 OT deduction federal-only — no state pass-through (alongside FL, NV, TN, TX, WA, SD, AK, NH). One Big Beautiful Bill Act § 225 OT deduction (up to $12,500 single / $25,000 married joint) reduces federal taxable income only. Workers benefit only at federal level. The no-income-tax framework distinguishes WY from neighboring CO (state income tax), MT (state income tax), NE (state income tax), ID (state income tax). Federal NLRA wage discussion protection: WY does not provide additional state-level wage discussion protection beyond federal NLRA reach. Multi-state operators with WY workforces should configure: voluntary employer-provided break policy if desired; federal PUMP Act compliance at 50+ employees; federal NLRA wage discussion protection; voluntary salary range disclosure if desired; no state income tax for federal OT deduction analysis.
Read the full Wyoming wy no state breaks or pay transparency guide →
08W.S. § 27-6 — minimum age 14 with no state certificate; federal OSHA
Wyoming's child labor framework under W.S. § 27-6 sets minimum working age at 14 (parallel to federal FLSA). Workers under 14 generally cannot be employed in non-agricultural occupations. Limited exceptions: parents/legal guardians; newspaper delivery; entertainment industry. Federal FLSA standards apply in parallel.
NO state employment certificate required: Wyoming does not require employment certificates for workers under 16 or under 18. Workers may simply be hired by employer without state-issued certificate documentation. Aligns WY with neighboring MT, ND, SD, ID (no certificate workflow) and distinguishes from CA, MA, NY, NJ, CT, ME, VT, NE (employment certificates required). Federal FLSA recordkeeping requirements still apply.
Hour restrictions ages 14-15: federal FLSA hour restrictions apply directly (Wyoming follows federal default). No work during school hours; max 3 hours on school day; max 8 hours on non-school day; max 18 hours per school week; max 40 hours per non-school week. Work hours: 7am-7pm school year, extended to 9pm June 1 to Labor Day. The framework parallels federal 29 CFR Part 570 standards.
Federal hazardous occupation prohibitions (29 CFR Part 570) apply to under-18 workers in WY: explosives manufacturing/storage; logging/sawmilling; power-driven woodworking machinery; mining (significant for WY Powder River Basin coal); roofing; excavation; circular saws and similar machinery. Multi-state operators in WY must rigorously enforce hazardous occupation restrictions for under-18 workers given oil/gas/mining industry concentration.
Federal OSHA covers private-sector workplaces. Wyoming does not have state OSHA plan. Federal OSHA enforcement priorities in WY: oil and gas (Wyoming significant producer — high injury rates including hot work, fall protection, hazardous chemicals); coal mining (federal MSHA in parallel — coal mine fatality rates higher than non-mining industries historically); construction; tourism (slip and fall, repetitive motion); healthcare. The framework distinguishes WY from full state-OSHA-plan states (CA, OR, WA, MN, NM, NV, etc.) and from states with state-only public sector coverage (ME). Wyoming employment-at-will doctrine: either employer or worker may terminate the relationship at any time, with or without notice, with or without cause. Limited common-law exceptions: public policy violations (firing for jury duty, refusing illegal acts, exercising statutory rights); breach of express or implied employment contract; breach of written personnel policy that creates contractual rights; implied covenant of good faith and fair dealing (limited application in WY). Industry concentration: oil and gas (Wyoming significant producer — Powder River Basin coal beds methane, Greater Green River Basin natural gas, Wind River Basin oil); coal mining (Powder River Basin including Black Thunder, North Antelope Rochelle); tourism (Yellowstone, Grand Teton, Devils Tower, Cody/Jackson Hole); cattle ranching (Wyoming has more cattle than people); healthcare (Cheyenne Regional Medical Center, Wyoming Medical Center); construction. Multi-state operators expanding to WY should configure: child labor minimum age 14; federal hour restrictions ages 14-15; hazardous occupation prohibitions for under-18 (significant for WY oil/gas/mining); no state certificate workflow; federal OSHA reporting workflow for private sector; at-will employment with documented public policy and contract exceptions.
Read the full Wyoming wy child labor + federal osha + at-will guide →