Employment and labor laws in Wyoming [Updated 2024]

Employment and labor laws govern the relationships between workers and businesses. There are thousands of federal and state laws regulating everything from unionization and discrimination to parental leave and meal breaks. These laws are not static—they can evolve year by year and vary widely from state to state and even among different cities.

The laws governing employment in Wyoming are less strict than in many states, although the “equality state” (named because it was the first state to give women the right to vote) has better-ranked worker protections than some of its neighbors, like Utah.

Whether you’re hiring in Cheyenne, Casper, or anywhere else in wide-open Wyoming, it’s crucial to understand the ins and outs of the state’s labor laws.

Want to take the guesswork out of complying with Wyoming’s regulations? Scale your business faster by letting Rippling’s Professional Employer Organization service handle your tax registration and management.

Employment vs. labor law: What’s the difference?

Employment and labor law are sometimes assumed to be the same thing. While they cover related areas, the two terms are legally different:

• Employment law covers relationships between employers and individuals, including work hours, overtime, wages, discrimination, and hiring practices.
• Labor law is a subset of employment law that focuses on collective action, notably when groups of employees are members of a union. It includes laws surrounding union membership and collective bargaining.

Both areas are managed at the federal level by the Department of Labor, and you may hear the terms used interchangeably. 

Wages and hours in Wyoming

As you might expect from a state that famously levies no taxes on income, Wyoming is generally hands-off when it comes to labor laws concerning time off, wage laws, record keeping, and overtime. Federal laws and the federal minimum wage apply and aren’t augmented by additional state laws—apart from a handful of exceptions, such as military leave. 

Minimum wage in Wyoming

The minimum rate of pay in Wyoming is $5.15 per hour, tied with Georgia for the lowest in the US.

However, most employees in Wyoming (with a few exceptions for day workers, housekeepers, full-time babysitters, and other domestic service workers) are covered by the Fair Labor Standards Act (FLSA), which requires them to be paid the federal minimum wage rate—currently $7.25 per hour.

Rippling assesses the state minimum wage rates for where your employees are located and automatically flags violations when you set their hourly pay.

Overtime pay in Wyoming

Wyoming has no state law requiring overtime pay in the private sector. However, many businesses in the state are covered by FLSA overtime laws, which require employees to be paid time-and-a-half for all hours once they have worked 40 hours in a workweek.

Exemptions from overtime pay requirements include:

• Salaried supervisors, professionals, and administrative employees paid more than $684 per week
• Retail workers employed on a commission basis
• Outside sales representatives

Rippling makes it easy to adhere to overtime pay laws in Wyoming. Rippling’s payroll software automatically applies the correct pay rates when an employee’s work hours necessitate overtime pay.

Breaks and rest periods in Wyoming

No state law mandates rest periods or breaks, including meal breaks, in Wyoming. Businesses covered by the Fair Labor Standards Act (FLSA) that choose to offer rest breaks need not pay employees for breaks unless they last 20 minutes or less.

Leaves of absence in Wyoming

A leave of absence is a break from work that can range from a few hours to weeks or months during which an individual maintains their status as an employee.

Voting leave

Employees in Wyoming are entitled to up to one hour of paid time off to vote, provided they don’t have three consecutive hours before or after work when the polls are open.

Jury duty leave

Employees who serve on a jury can’t be intimidated by their employer, fired, or threatened with job loss for serving. Once their jury duty is complete, they are entitled to be reinstated to their job with no loss of seniority or benefits. Jury duty leave can last as long as the employee is serving on a jury, but it doesn’t need to be paid.

Military leave

Under Wyoming's Military Relief Service Act, employees are entitled to take an unpaid leave of absence to perform service in the US Armed Forces, the National Guard of any state, or the commissioned corps of the public health service. They’re entitled to return to their job within 10 days of applying for reemployment without any loss of seniority.

FMLA in Wyoming

The federal Family and Medical Leave Act (FMLA) grants up to 12 weeks of unpaid leave each year for childbirth and early care, care for an ill family member, or a serious health condition. To be eligible, the employee must have been employed for at least a year and have worked at least 1,250 hours in the prior 12 months.

Parental leave

Wyoming has no state laws governing parental leave, although the FMLA applies.

Pregnancy disability leave in Wyoming

Wyoming has no state laws governing pregnancy disability leave, although disability during pregnancy can qualify as a short-term disability under the FMLA.

Paid sick leave in Wyoming

There is no state-mandated sick leave in Wyoming, although employees may take unpaid time off for illness under the FMLA.

Companies may set their own policies on sick leave and other absences. Rippling allows you to automate and customize your leave policies, giving you full visibility into how employees are using it.

Workplace safety and labor laws in Wyoming

Employers have a responsibility to keep their employees safe at work, no matter the environment they work in. In Wyoming, that includes workplaces such as mines, farms, and national parks, in addition to more traditional workplaces like offices and stores. Employers can help control risk through employee training, safety policies, and appropriate equipment.

The Wyoming Occupational Safety and Health Administration (Wyoming OSHA) manages workplace safety and working conditions via a State Plan. Many of its safety standards are adopted directly from federal OSHA policies. In fact, the Wyoming Occupational Health and Safety Act mandates that the state can’t adopt standards that are more stringent than the federal equivalent.

Wyoming’s standards only diverge from the national framework in areas that aren’t covered by federal regulation. As a result of gaps in federal laws, the state has unique standards covering oil and gas well drilling, servicing, and anchor testing.

Wyoming doesn’t require employers to develop an Injury and Illness Prevention Program (IIPP), although businesses that do can gain up to a 10% discount on workers’ compensation insurance.

Rippling PEO offers a convenient pay-as-you-go workers’ comp plan that doesn’t require you to pay upfront for the whole year, so you can scale your business without stress in Wyoming and anywhere else in the US. 

Discrimination and harassment laws in Wyoming

Discrimination and harassment laws are taken very seriously by lawmakers, and breaches may have repercussions for Wyoming employers. The state’s Executive Order 2000-4 prohibits discrimination based on:

• Race
• Religion
• Color
• Sex
• National origin
• Age
• Disability

The legislation requires that “reported or suspected” incidents should be “promptly and thoroughly investigated.” The Labor Standards Office of the Wyoming Department of Workforce Services manages discrimination and harassment cases.

State law also outlaws harassment, such as unwelcome sexual advances, ethnic slurs, or offensive remarks that interfere with an individual’s work performance or create a hostile work environment.

Wyoming also prohibits employers from discriminating against employees because of their use of tobacco products outside of work. The only exemption is for roles where using tobacco might be an occupational hazard, such as firefighting.

Sexual harassment training, which is required in some states, is not mandated in Wyoming. However, many companies consider it good practice. Rippling’s Learning Management System is pre-loaded with training courses covering sexual harassment and makes learning easy by assigning courses, sending reminders, and tracking progress.

Employers are responsible for complying with anti-discrimination laws from the start of a job application until the termination of an individual’s employment. It’s also important to note that companies are responsible for the harassment and discrimination they commit and for the words and actions of their workforce, even if they were unaware of any incidents at the time they occurred.

Unions in Wyoming

Some employees are members of labor unions—organizations that can collectively negotiate agreements with employers, raise concerns, and support workers during disciplinary and other proceedings.

The National Labor Relations Act (NLRA) lays out rules around the relationships between unions and employers. Employees may not be threatened with redundancy for joining a union or taking part in collective action and shouldn’t be offered extra benefits in exchange for not joining a union. 

On the flip side, unions aren’t allowed to threaten non-union members with job loss for not joining and may not prevent employees from entering their place of work during a strike. The NLRA also requires both unions and employers to “bargain in good faith” during a negotiation.

Some rules surrounding labor organizations differ by state. For example, in some states, companies can require their workers to join or contribute membership fees to a union. However, right-to-work laws are in place in 26 states, including Wyoming—meaning that no one in Wyoming can be compelled by their employer to join a union.

FAQs about Wyoming labor and employment laws

What state agencies enforce employment laws in Wyoming?

The Wyoming Department of Workforce Services (DWS) assists employees and businesses across the state in handling disputes, unemployment insurance, and wider employment-related issues. Within the DWS, the Wyoming Occupational Safety and Health Administration (OSHA) manages health and safety for Wyoming workers.

Are independent contractors covered under Wyoming employment laws?

Independent contractors are generally not subject to the same rights and protections as employees. Our analyzer tool can help you ensure you’re classifying Wyoming workers correctly and complying with the right employment regulations.

Does at-will employment exist in Wyoming?

Like many states, Wyoming has at-will employment. An employer or worker may terminate an employment relationship at any time as long as the reason is not discriminatory or otherwise illegal.

What privacy rights do employees have in Wyoming?

Some states are adopting more stringent rules on the use of personal information. However, at present, Wyoming has no general privacy law covering employees.

Are background checks legal in Wyoming?

Background checks are legal in Wyoming and are governed by federal law by the Fair Credit Reporting Act. The act requires an employer to ask for an applicant’s consent before undertaking a background check.

Are whistleblowers protected in Wyoming?

Whistleblower laws protect individuals who report illegal or dangerous business practices. Wyoming’s legal code makes it illegal for an employer to fire or discriminate against any worker who raises issues surrounding workplace health or safety.

Is workers’ compensation coverage required in Wyoming?

All Wyoming employers must register with the workers’ compensation portal to determine whether coverage is required or optional. Employees carrying out work that is determined to be “extra hazardous” will require workers’ compensation for work-related injury or illness. Workers employed in logging or auto repairs, for example, are likely to require coverage, while those employed in farming or retail generally do not.

The maximum penalty for employers who violate the act is a fine of $1,000 and one year of jail time.

Are there required healthcare benefits in Wyoming?

The Affordable Care Act requires employers with 50 or more full-time workers to provide health insurance benefits. 

Are Wyoming employers required to provide bereavement leave, or do federal laws apply?

Wyoming has no state laws mandating bereavement leave. There are no federal laws mandating bereavement leave either.

What employee protections are available in Wyoming if layoffs occur?

No state laws govern layoffs in Wyoming. However, the federal Worker Adjustment and Retraining Notification (WARN) Act gives eligible employees the right to a 60-day notice before being laid off. WARN typically applies when large businesses (those with more than 100 employees) undergo mass layoffs.

Does Wyoming have pay transparency?

Pay transparency laws, which require employers to disclose salary ranges to both applicants and current employees, have gained ground in several states. However, Wyoming has no pay transparency laws.

What child labor laws apply in Wyoming?

Children under the age of 18 are considered minors. Children under 14 years of age may not work in Wyoming, apart from in farm, domestic, and lawn or yard service. Children aged 14-16 may be employed in a wider range of roles, but can’t work in hazardous occupations such as heavy construction. Children under 16 may also not work during the school day. Proof of age must be kept by all businesses employing child labor, which is defined as any individual under the age of 16.

Are employers required to offer vacation leave in Wyoming?

Employers are not required to offer paid or unpaid vacation leave in the state of Wyoming, although if companies do offer leave, they must comply with their own employment contract.

Do state laws support breastfeeding workers in Wyoming?

No state laws mandate the right for employees to breastfeed in Wyoming, but Fair Labor Standards Act (FLSA) rules apply. They state that breastfeeding employees have the right to reasonable break time as well as a shielded place (other than a bathroom) for breastfeeding while at work.

How long after a workweek should employees be paid?

Wyoming state law generally doesn’t require that paychecks are paid on a set day. An exception is made for some industries, including mining and oil and gas production. Payday must fall by the end of the month for work undertaken during the first half of the month, and by the 15th of the next month for work undertaken in the second half of the month.

Disclaimer: Rippling and its affiliates do not provide tax, legal, or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for tax, legal, or accounting advice. You should consult your own tax, legal, and accounting advisors before engaging in any related activities or transactions.