Wyoming employment law overview

Wyoming has laws that provide greater protections to employees than federal law, including health care continuation coverage obligations for smaller employers, but generally follows federal law with respect to topics such as occupational safety. 

Select Wyoming employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must comply with federal, state, and local law. Where there is overlap, complying with the law that offers the greatest rights or benefits to the employee will generally apply. 

Equal Employment Opportunity (EEO) and worker protections   

Wyoming employers may be required to comply with requirements related to EEO and worker protections. 

Fair employment practices

The Wyoming Fair Employment Practices Act (WFEPA) prohibits an employer with two or more employees from discriminating on the basis of protected characteristics, including: 

• Age (40 and over); 
• Sex; 
• Race; 
• Creed; 
• Color; 
• National origin; 
• Ancestry; 
• Pregnancy; and 
• Disability. 

Equal pay

The Wyoming Equal Pay Act requires all employers to provide equal pay to men and women for equal work. An employer is prohibited from discriminating between employees in the same establishment on the basis of gender by paying wages to employees at a rate less than the rate paid to employees of the opposite gender for equal work on jobs that require equal skill, effort and responsibility and that are performed under similar working conditions. Exceptions are allowed for pay based on: 

• A seniority or merit system; 
• A system that measures earning by quantity or quality of production; or 
• A differential based on any factor other than gender. 

Pay transparency

Wyoming does not have a pay transparency law applicable to private employers. 

Salary history inquiry restrictions

Wyoming does not restrict an employer from inquiring into or relying upon an applicant’s salary history. 

Employee wage disclosure rights

Wyoming does not have a wage disclosure law applicable to private employers. 

Pregnancy accommodation 

Wyoming does not have requirements for private employers related to pregnancy accommodation. 

Breastfeeding breaks

While not required to provide breastfeeding breaks to employees, a Wyoming employer is to encourage breastfeeding and recognize the importance of breastfeeding to maternal and child health.

Access to personnel files

Wyoming law does not require private employers to provide employees with access to their personnel files. 

Whistleblower protections

Wyoming does not have a whistleblower law applicable to private employers. 

Scheduling 

Wyoming does not have a scheduling law applicable to private employers. 

Recruiting and hiring 

Wyoming does not currently have laws relating to credit checks, ban-the-box and E-Verify, applicable to private employers. 

Wage and hour 

Wyoming employers may be required to comply with certain wage and hour requirements. 

Minimum wage

The minimum wage in Wyoming is $5.15 per hour. Employers that are subject to the federal Fair Labor Standards Act must pay the federal minimum wage of $7.25 per hour. 

Employees under 20 years of age may be paid $4.25 for the first 90 consecutive days of work. 

Overtime 

Wyoming does not have a state overtime law applicable to private employers. 

Meal and rest breaks

Wyoming does not have requirements for private employers related to meal and rest breaks. 

Child labor

Child labor laws in Wyoming restrict the occupations in which minors may be employed and the number of hours and times during which they may work. 

Minors under the age of 16 are prohibited from working in hazardous, such as operating heavy construction equipment, and from employment considered injurious to the morals, health or safety of a child. 

Minors under the age of 16 who are enrolled in school may work: 

• Up to eight hours in a 12-hour period; 
• Only between 5:00 a.m. and 10:00 p.m. on a day preceding a school day; 
• Until midnight on a day not preceding a school day; and 
• Only during the hours when school is not in session. 

Minors between the ages of 14 and 16 who are not enrolled in school may work for a maximum of eight hours between 5:00 a.m. and 12:00 a.m. 

Minors under the age of 14 may not be employed except for farm, domestic or yard work or nonhazardous employment at a business owned by their parents, grandparents or legal guardians, as long as it is not during school hours. 

Pay and benefits 

Wyoming employers may be required to follow certain requirements with respect to employee pay and benefits.  

Wage payment methods

Wyoming employers may pay wages by cash, check or direct deposit.

Pay frequency and lag time

Wyoming employers are permitted to pay employees monthly or as otherwise agreed by the parties. However, certain employers (e.g., railroad, mine, refinery) must pay employees on the first and 15th day of the month. 

Pay deductions

An employer may make deductions from employees’ wages under different circumstances, such as when required by law to do so (e.g., federal and state taxes, Social Security or a garnishment order), for cash shortages or property damage, and for union dues. However, the deductions must meet specified criteria (e.g., the employee provides written authorization for the deduction). 

Pay statements

An employer must provide a detachable statement with paychecks, drafts or vouchers indicating any pay deductions that were made. If cash payments are made, an itemized statement of deductions must also be provided. 

Wage theft

Wyoming does not have a wage theft law applicable to private employers. 

Health care continuation

Wyoming’s health care continuation coverage law generally applies to all employers not covered by the federal Consolidated Omnibus Budget Reconciliation Act. Under Wyoming law, eligible employees and covered dependents may elect to continue their health care benefits for up to 12 months after health coverage ends due to termination of employment, membership or eligibility for coverage. 

Temporary disability insurance

Wyoming does not have requirements for private employers related to temporary disability insurance. 

Time off and leaves of absence 

Wyoming employers may be required to follow certain requirements with respect to time off and leaves of absence.  

Family and medical leave

Wyoming does not have a state family and medical leave law applicable to private employers. 

Paid sick leave

Wyoming does not have a state paid sick leave law applicable to private employers. 

Other time off requirements

Wyoming has few laws relating to required time off and leaves of absence for employees, which cover all employers. These laws include: 

• Jury duty leave; 
• Crime victim/witness leave; 
• Voting leave; and 
• Military leave. 

Health and safety 

Wyoming employers may be required to follow certain requirements with respect to employee health and safety.  

Occupational safety and health

Wyoming is a State Plan state. The Wyoming Occupational Safety and Health Act applies to all employees, both private and public, except for federal government employees and employees that are under the jurisdiction of a federal agency besides OSHA. 

Drug and alcohol testing

Employers in Wyoming may conduct drug and alcohol testing of employees and job applicants. The state has not adopted a comprehensive workplace drug and alcohol testing law, except for a voluntary employer testing program under the state’s workers’ compensation statute.

Smoke-free workplace

Wyoming does not have a state law regulating smoking in the workplace applicable to private employers. 

Weapons in the workplace

Wyoming law does not prohibit employees with proper licenses from storing their firearms in their vehicles while at work, even if the vehicle is on the employer’s property. However, Wyoming allows private property owners to restrict firearms on their private property. 

Safe driving practices

Wyoming prohibits drivers from using a handheld electronic wireless communication device to write, send or read a text-based communication while operating a motor vehicle on a public street or highway. Using voice-operated or hands-free technology is allowed. 

Organizational exit 

Wyoming employers may be required to follow certain requirements when employees  exit the organization.  

Final pay

An employee who quits or is terminated must be paid in cash, by check or by draft that can be cashed at a bank. Wages must be paid at the usual place of payment and generally no later than the next regularly scheduled payday. 

An employer may offset from final wages any amount an employee incurred during the employment and owes to the employer. 

The value of accrued vacation leave is excluded from the definition of wages if the employer has a written policy stating that accrued vacation is forfeited upon termination of employment and the employee has acknowledged the written policy in writing. 

Mass layoffs

Wyoming does not have its own version of the federal WARN Act. 

AI in employment 

Wyoming does not have a law related to AI in employment applicable to private employers.