(650) 332-8623Wyoming Labor Laws 2026: A Complete Guide to Wages, Breaks, Overtime, and More
Wyoming labor laws for 2026: minimum wage, overtime, breaks, child labor, and the new non-compete rules. Built for construction employers.
TL;DR – Wyoming Labor Laws
- Minimum wage: $7.25/hour (federal rate applies to most employers; Wyoming state rate is $5.15)
- Overtime: 1.5x for 40+ hours/week (FLSA); daily overtime (8+ hrs/day) applies on public works projects under W.S. § 16-6-110
- Breaks: No state-mandated meal or rest breaks; federal FLSA rules apply
- Non-compete agreements: Most are void for contracts signed on or after July 1, 2025 (W.S. § 1-23-108 / SF 107)
- FLSA overtime salary threshold: $684/week ($35,568/year) — restored May 14, 2026 [DOL, 2026]
- Enforcement: Wyoming Department of Workforce Services (DWS) — dws.wyo.gov/dws-division/labor-standards
What’s new in 2026?
Wyoming meals and breaks
30 minutesFor meal breaks
Wyoming employers are not required to provide meal breaks. If a contractor chooses to offer a 30-minute (or longer) unpaid meal break, the worker must be completely relieved of all work duties. A laborer waiting on a pour who cannot leave the site is still working — that time is paid time.
No lawsFor rest breaks
No state law requires Wyoming employers to provide rest breaks. If an employer voluntarily offers short breaks (20 minutes or less), those breaks must be paid under federal law. Breaks longer than 20 minutes can be unpaid if the employee is fully off duty.
Wyoming leave and paid time off (PTO)
12 weeks/year for qualifying employees at employers with 50+ workers. Unpaid — federal FMLA applies.
None required; employer discretion
None required; employer discretion; accrued vacation must follow company policy.
None required; employer discretion
None required; employer discretion
Unpaid time off required. Employees must be permitted to serve; employer need not pay.
1 hour paid leave required. Only if employee lacks 3 consecutive non-working hours during polling hours.
None required; employer discretion
Job-protected leave required (state + federal); Employees must be reinstated to their position upon return from active duty, training, or qualifying examinations. USERRA (federal) and Wyoming law both apply.
Wyoming wages and overtime
$7.25 /hourMinimum wage
The Wyoming minimum wage for most employers is $7.25 per hour — the federal rate under the FLSA. Wyoming’s own state minimum wage is $5.15 per hour (W.S. § 27-4-202), but most employers are covered by the FLSA and must pay the higher federal rate. Employers not covered by the FLSA, typically very small businesses, may pay the $5.15 state rate.
$2.13 /hourTipped minimum wage
Wyoming allows a tipped cash wage of $2.13 per hour (W.S. § 27-4-202(b)). If a worker’s combined cash wages and tips fall below $7.25, the employer must make up the difference.
Semi-monthlyPay frequency
Wyoming wage payment requirements are set by W.S. § 27-4-101, which requires semi-monthly pay for employers in railroads, mining, oil and gas production, factories, mills, and workshops. Contractors should verify whether their operation meets one of these classifications. Semi-monthly means workers receive wages at least twice per month.
1.5x hourlyOvertime rate in Wyoming
Regular rate for hours worked over 40 in a workweek (private sector — FLSA)
For private-sector construction jobs, Wyoming follows the federal FLSA overtime standard: 1.5 times the regular rate for any hours exceeding 40 in a single workweek. Wyoming overtime law does not add a daily trigger for private employers.
Public works daily overtime rule — W.S. § 16-6-110
Wyoming Statute § 16-6-110 requires time-and-a-half pay for any laborer, workman, or mechanic employed on a public works project of the state of Wyoming, or any county, city, or political subdivision, who works:
- More than 8 hours in a single day, OR
- More than 40 hours in a week
Exception: An employee may agree to work more than 8 hours in a day or more than 40 hours in a week, provided all overtime hours are still paid at 1.5x the established hourly rate.
Construction contractors bidding or working on Wyoming public projects (roads, government buildings, school construction, public utilities) must apply this daily overtime rule, regardless of written agreements to the contrary. The threshold for the Wyoming Prevailing Wage Act on public works is $100,000 per project.
No Wyoming city or county has enacted a local minimum wage. The $7.25 federal rate applies statewide.
Employers may pay workers under 20 years old a training wage of $4.25 per hour for the first 90 days of employment. Subminimum wages for employees with disabilities may be established by a government agency under federal law.
Certain employee categories are exempt from Wyoming’s minimum wage requirements:
- Agricultural workers (W.S. § 27-4-201)
- Domestic service workers
- Outside salespersons
- Professional, administrative, and executive employees earning at least $684/week
FLSA Salary Threshold — Restored May 14, 2026
For Wyoming FLSA exemptions in 2026, the effective overtime exemption threshold is $684/week ($35,568/year), restored by a DOL technical amendment effective May 14, 2026 [DOL, 2026]. The Biden administration’s 2024 rule raising the threshold to $58,656 was vacated by the U.S. District Court (E.D. Texas) in November 2024. The Trump administration did not reinstate it. As of June 2026, the governing threshold is $684/week.
HCE threshold: The highly compensated employee threshold is also restored to $107,432/year.
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Wyoming prevailing wages
Wyoming’s prevailing wage rules apply to public construction projects with costs at or above $100,000, governed by the Wyoming Prevailing Wage Act of 1967 (W.S. §§ 27-4-401 to 27-4-413). Rates are set after surveys of contractors and unions. The total rate is the base wage plus customary fringe benefits.
$12.46Lowest rate (blinds/window-covering installer)
Lowest Rate (Blinds/Window-Covering Installer, Building Construction) — base $12.46 + fringe $0.00 [Wyoming DWS, 2026]
$102.54Highest rate (elevator constructors, building construction)
Highest Rate (Elevator Constructors, Building Construction) — base $58.95 + fringe $43.59 [Wyoming DWS, 2026]
Wyoming prevailing wage rates are determined by the Wyoming DWS through surveys of contractors and unions, establishing the most commonly paid rates for each trade classification. Rates apply to public construction projects at or above $100,000. Always verify the current schedule at dws.wyo.gov before bidding. DWS publishes updated rates annually.
For current rates, consult these official sources:
- Wyoming DWS Prevailing Wage Rates: dws.wyo.gov/dws-division/labor-standards/resources/
- Wyoming Department of Workforce Services: dws.wyo.gov
WY child labor laws
Under 14
Exceptions
Generally prohibited. Exceptions: farm work, domestic service, lawn care.
14–15
Hour restrictions
School days: max 3 hours/day; cannot work during school hours. Non-school days: max 8 hours. School weeks: max 18 hours. Non-school weeks: max 40 hours. Hours: 7 AM–7 PM (June 1–Labor Day: to 9 PM).
Prohibited from hazardous occupations including manufacturing, mining, operating heavy machinery.
16–17
Hour restrictions
No specific hour restrictions beyond applicable federal law. Prohibited from FLSA-designated hazardous occupations.
Child labor laws in Wyoming are enforced at both the state and federal level. Construction employers may not assign minors to hazardous occupations — heavy equipment, excavation, roofing — at any age.
Other essential Wyoming labor laws
Health and safety standards in WY
Wyoming labor laws require all employers to provide a safe work environment under the Wyoming Occupational Health and Safety Act (WOHSA). The Wyoming Department of Workforce Services oversees inspections and enforcement.
Employer obligations under WOHSA:
- Maintain a workplace free from recognized hazards that could cause serious physical harm or death.
- Post required health and safety information where workers can easily see it.
- Report workplace fatalities to Wyoming OSHA within 8 hours.
- Report inpatient hospitalizations, amputations, or eye losses within 24 hours.
Report violations to the Wyoming Department of Workforce Services (dws.wyo.gov/dws-division/osha) or OSHA directly.
Hiring and/or firing employees in Wyoming
Wyoming at-will employment law allows either party to end the employment relationship at any time, for any reason or no reason, as long as the reason is not discriminatory, retaliatory, or otherwise illegal.
Wyoming is a right-to-work state. No employee may be required to join a union or pay union dues as a condition of employment.
Wyoming Non-Compete Ban — W.S. § 1-23-108
Governor Mark Gordon signed SF 107 on March 19, 2025. Under W.S. § 1-23-108, any covenant not to compete that restricts a person’s right to receive compensation for skilled or unskilled labor is void and unenforceable — for contracts entered on or after July 1, 2025. The law covers both employees and independent contractors, including 1099 subcontractors.
The law applies prospectively only. Non-compete agreements signed before July 1, 2025 remain governed by prior Wyoming law.
Four exceptions where non-competes remain enforceable:
- Sale or purchase of a business or its assets
- Protection of trade secrets as defined by W.S. § 6-3-501(a)(xi)
- Executive and management personnel, and professional staff to executives/managers
- Training repayment agreements on a graduated scale (relocation, education, training expenses) — capped at 4 years, with decreasing repayment obligations over time
Construction impact: Non-compete clauses in standard field crew employment contracts are void under this statute for any agreement signed on or after July 1, 2025. Clauses in subcontractor or specialty trade agreements should be reviewed with legal counsel. The statute does not define “executive and management personnel,” leaving employers to assess which roles qualify.
Physicians: SF 107 explicitly voids post-employment non-compete provisions in physician employment agreements, allowing departing physicians to inform patients with rare disorders of their new practice location.
Wyoming has no specific state laws governing background checks or drug testing. Employers may conduct both as part of hiring, subject to federal regulations and consistent application.
Wyoming employers must comply with federal EEO laws. The Wyoming Fair Employment Practices Act (WFEPA) prohibits discrimination based on race, color, religion, sex, national origin, age (40+), disability, pregnancy, genetic information, military or veteran status, citizenship/immigration status, and use of tobacco products outside work.
Sexual orientation and gender identity are not explicitly enumerated in WFEPA; those protections flow from federal Title VII as interpreted by the U.S. Supreme Court in Bostock v. Clayton County (2020).
Anti-discrimination laws
Wyoming’s primary anti-discrimination statute is the Wyoming Fair Employment Practices Act (WFEPA). Employers in Wyoming may not discriminate against job applicants or employees based on race, color, religion, sex, national origin, age (40 and older), disability, pregnancy, genetic information, military or veteran status, citizenship or immigration status, or use of tobacco products outside of work (except where tobacco use poses a safety hazard to the role). Sexual orientation and gender identity protections are not codified in WFEPA; they apply through federal Title VII as interpreted by the U.S. Supreme Court in Bostock v. Clayton County (2020). The Wyoming Department of Workforce Services enforces WFEPA and handles discrimination charge intake and investigation.
Employee resignation or termination in Wyoming
Resignation Procedures
Wyoming at-will employment means neither side owes the other advance notice. Employees are not legally required to give one. Professional custom is 10 working days for non-exempt positions and 20 working days for exempt positions. A written resignation with reason, position, expected separation date, and forwarding address is standard practice.
Termination Procedures
Employers must issue a final paycheck by the next regular payday after termination, whether the employee quit or was let go. This rule applies to layoffs, terminations for cause, and voluntary resignations equally, per W.S. § 27-4-104.
Employers may not deduct items like uniforms or damages from a final paycheck without the employee’s express written consent.
Separation agreements signed on or after July 1, 2025 are also subject to Wyoming’s non-compete ban (W.S. § 1-23-108) — any non-compete clause in such an agreement is void unless it meets one of the four statutory exceptions. See Non-Compete Agreements above.
Final paychecks in Wyoming
| Next Regular Payday | Deadline for final paycheck (voluntary or involuntary) — W.S. § 27-4-104 |
Wyoming final paycheck law requires the same deadline for both resignation and termination: the next regularly scheduled payday. No immediate payment is required. The final paycheck must include:
- All wages earned through the last day of work
- Any accrued vacation pay, if the employer’s policy provides for payout
- Overtime pay, calculated per state and federal law
Acceptable payment methods include direct deposit, physical check mailed to the employee’s address, or hand-delivery on the next scheduled payday.
If an employer fails to pay on time, the employee may file a wage complaint with the Wyoming Department of Workforce Services. Penalties include fines up to $1,000 for general violations and $200 per day for wage non-payment.
Unemployment benefits in Wyoming
| $651 | Maximum weekly benefit (as of July 6, 2025) | $47 | Minimum weekly benefit [Wyoming DWS, 2025] |
Wyoming unemployment benefits are administered by the Department of Workforce Services. To qualify, a worker must have lost employment through no fault of their own and must actively seek work. Benefits last up to 26 weeks.
Monetary eligibility requires:
- Work in at least two quarters during the base period (first four of the last five completed calendar quarters)
- Total base period wages at least equal to 8% of the statewide average annual wage (currently approximately $1,750)
- Total base period wages at least 1.4 times the highest quarter’s wages
Apply online at wyui.wyo.gov or by phone through the Wyoming DWS.
COBRA benefits in Wyoming
| Type | Employer Size | Coverage Duration | Cost |
| Federal COBRA | 20+ employees | Up to 18 months (employees); up to 36 months (dependents in certain situations) | Up to 102% of group rate |
| Wyoming Mini-COBRA | 2–19 employees | Up to 12 months | Up to 102% of group rate |
Employees have a 60-day election period to choose COBRA coverage after a qualifying event. Coverage is retroactive to the qualifying event date. Qualifying events include termination, reduction in hours, divorce, and other significant life events affecting health coverage.
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Wyoming recordkeeping requirements
Employers in Wyoming are required to maintain various employment, payroll, and other records for specific durations.
1 year
Employers must retain these documents for at least one year:
Equal Employment Opportunity records (from date of termination)
2 years
Employers must retain these documents for at least two years:
Basic employment and earnings records: timecards, wage-rate tables, billing records, records of payroll additions/deductions
3 years
Employers must retain these documents for at least three years:
Payroll records, employment contracts, collective bargaining agreements; I-9 forms (3 years from hire or 1 year from termination, whichever is later) — FLSA requirement
5 years
Employers must retain these documents for at least five years:
OSHA records of job-related injuries and illnesses
6+ years
Employers must retain these documents for six years or more:
Benefit plans (in effect) and one year after termination; summary descriptions and annual reports of benefit plans
Penalties for labor law noncompliance in WY
Up to $1,000DWS order violation
Applies when an employer refuses or fails to comply with a Wyoming DWS enforcement order. DWS may pursue civil action to collect.
$200/day (misdemeanor)Late final paycheck
Triggered the day after the next regular payday passes without payment. Accrues daily until the full amount is paid (W.S. § 27-4-104).
MisdemeanorNon-resident surety bond failure
Out-of-state contractors must post a bond before operating in Wyoming. Failure carries the same misdemeanor exposure as wage non-payment.
Back wages + attorney feesUnpaid wages — civil claim
An employee may sue directly for all wages owed. If the employer loses, it pays the worker’s legal costs in addition to the unpaid amount.
Civil penalty (severity-based)WOHSA safety violation
Wyoming OSHA sets penalties based on the nature of the hazard — serious, willful, or repeat violations carry higher fines. Fatalities trigger criminal referral.
Up to 60 days’ back payWARN Act — no notice given
Applies to employers with 100+ full-time workers who conduct a mass layoff or plant closure without 60 days’ advance written notice to affected employees.
Labor law violations in Wyoming are investigated and enforced by the Wyoming Department of Workforce Services (dws.wyo.gov/dws-division/labor-standards).
How Workyard helps Wyoming contractors stay compliant
Wyoming labor laws require construction contractors to track overtime accurately, document final paycheck timing, and maintain wage records. Manual processes (paper timesheets, text-message sign-offs, spreadsheet payroll) leave crews exposed to the exact violations the Wyoming DWS investigates.
Workyard’s analysis of 280 contractor discovery calls found that nearly 1 in 3 construction businesses identify labor compliance — including overtime tracking and payroll documentation — as a primary operational risk. Workyard is a time tracking and workforce management platform built for construction. For Wyoming contractors, Workyard delivers:
- Payroll integration with QuickBooks and Paylocity
- GPS-verified clock-in/clock-out with geofenced job site enforcement
- Automatic overtime calculation — both weekly (40+ hours) and daily thresholds for public works jobs
- Auditable wage records with timestamped entries and employee sign-off
- Final paycheck reports exportable for Wyoming DWS compliance documentation
“We’ve had at least a solid six weeks now with all of our guys fully on the app, and in six weeks, we actually over exceeded that $150,000 that we had originally estimated for an entire year.”
— April Callaway, AV Decking. AV Decking recovered more than $150,000 in just six weeks after deploying Workyard’s GPS time clock. Project managers had previously submitted timesheets using estimates — often defaulting to 10 hours per day — creating payroll inaccuracies Workyard eliminated through GPS-verified tracking across multiple states.
Construction employee management hinges on labor compliance. Maximize your trade performance (e.g., electrical work crews) using job management optimized around construction operations manager roles, connected to QuickBooks and Paylocity.
Looking for other state-specific labor and overtime laws? Check out these guides:
References
- 1
Wyoming Legislature. “Wyoming Statutes, Title 27 (Labor and Employment).” https://www.wyoleg.gov/statutes/compress/title27.pdf
- 2
Wyoming Legislature. “Wyoming Statutes, Title 16 (Public Works — W.S. § 16-6-110).” https://www.wyoleg.gov/statutes/compress/title16.pdf
- 3
Wyoming Legislature. “SF 107 — Non-Compete Covenants (W.S. § 1-23-108).” https://www.wyoleg.gov/Legislation/2025/SF0107
- 4
Wyoming Legislature. “2026 Budget Session Bills.” https://www.wyoleg.gov/Legislation/2026
- 5
Wyoming Department of Workforce Services. “Labor Standards Division.” https://dws.wyo.gov/dws-division/labor-standards
- 6
Wyoming Department of Workforce Services. “2026 Building Construction Prevailing Wages (Statewide).” https://dws.wyo.gov/dws-division/labor-standards/resources/
- 7
Wyoming Department of Workforce Services. “Unemployment Insurance FAQ.” https://dws.wyo.gov/dws-division/unemployment-insurance/claimants/faq2/
- 8
Wyoming Department of Workforce Services. “OSHA — Occupational Safety and Health.” https://dws.wyo.gov/dws-division/osha
- 9
U.S. Department of Labor. “FLSA Technical Amendment Restoring 2019 Salary Thresholds.” 2026. https://www.dol.gov/newsroom/releases/whd/whd20260514
- 10
U.S. Department of Labor. “Earnings Thresholds for EAP Overtime Exemptions (FLSA).” https://www.dol.gov/agencies/whd/overtime/salary-levels
The Wyoming minimum wage is $7.25 per hour in 2026 — the federal FLSA rate, which overrides Wyoming’s state minimum of $5.15 per hour (W.S. § 27-4-202) for most covered employers.
Construction contractors in Wyoming working with W-2 crews are FLSA-covered employers. Tipped workers can be paid a cash wage of $2.13 per hour, provided total earnings reach at least $7.25 with tips included.
No. Wyoming sets no state mandate for meal or rest breaks — for construction crews or any other private-sector workers. Federal FLSA rules apply: breaks of 20 minutes or less must be paid; a meal break of 30 minutes or more can be unpaid, but only if the worker is completely relieved of duties.
A laborer kept on standby at a jobsite during a meal break is still working and must be paid. Under Wyoming labor laws, breaks are entirely governed by federal standards.
For private-sector construction, Wyoming overtime law follows the FLSA: 1.5 times the regular rate for any hours over 40 in a workweek. There is no daily overtime trigger for private employers. However, Wyoming Statute § 16-6-110 adds a daily rule for public works projects: any laborer, workman, or mechanic who works more than 8 hours in a single day on a state, county, city, or political subdivision project must be paid 1.5x for those excess hours. Contractors bidding public work in Wyoming need to account for both triggers.
Governor Gordon signed SF 107 on March 19, 2025 (W.S. § 1-23-108), effective July 1, 2025. Most non-compete agreements in employment contracts signed on or after that date are void — including standard field crew agreements. Four exceptions remain: sale of a business, trade secret protection, executive and management personnel, and training repayment agreements on a graduated scale. Agreements signed before July 1, 2025 are unaffected. Contractors should have legal counsel review any template employment or subcontractor agreements before use.
Wyoming final paycheck law (W.S. § 27-4-104) requires the final paycheck by the next regular payday — for voluntary resignations and involuntary terminations alike. No immediate payment is required. The check must include all earned wages, applicable overtime, and any accrued vacation owed under company policy. An employer who misses the deadline faces a $200-per-day penalty and potential civil action. Employers may not deduct for uniforms, tools, or damages without the worker’s express written consent.
No. Wyoming has no state-mandated paid sick leave, vacation, holiday, or bereavement leave. These benefits are entirely at the employer’s discretion. If a contractor offers a vacation policy, accrued vacation must be paid out according to that policy. Wyoming does not require payout on its own, but it does require employers to follow their own stated policies. Federal FMLA provides up to 12 weeks of unpaid, job-protected leave for qualifying employees at employers with 50 or more workers.
Minors aged 14–15 may not work during school hours and are capped at 3 hours on school days, 8 hours on non-school days, 18 hours during school weeks, and 40 hours during non-school weeks. Working hours are limited to 7 AM–7 PM, extended to 9 PM from June 1 through Labor Day. These workers are barred from hazardous occupations, including manufacturing, mining, and operating heavy machinery — a relevant restriction for construction jobsites. Minors under 14 are generally prohibited from working, with limited exceptions for farm and domestic work.
The Wyoming Prevailing Wage Act of 1967 (W.S. §§ 27-4-401 to 27-4-413) applies to public construction projects estimated at $100,000 or more. Prevailing wage rates are set by Wyoming DWS through surveys of contractors and unions and consist of a base wage plus customary fringe benefits.
W.S. § 16-6-110 also requires daily overtime (1.5x for 8+ hours/day) on all public works projects, regardless of contract value. Always verify current rates at dws.wyo.gov before bidding. DWS publishes annual wage schedules, typically effective each May.
Wyoming construction employers must retain payroll records, timecards, wage-rate tables, and earnings records for at least 2 years (FLSA requirement). Employment contracts, payroll records, and I-9 forms must be kept for at least 3 years. OSHA injury and illness records require 5 years. Benefit plan documents must be retained for the life of the plan plus at least 1 year, with summary plan descriptions kept for 6 years. Accurate time records are especially important for contractors on public works projects, where prevailing wage compliance may be audited by Wyoming DWS.
Construction workers and employees who believe an employer has violated Wyoming wage and hour laws — including unpaid overtime, missed final paychecks, or minimum wage violations — can file a complaint with the Wyoming DWS Labor Standards Division. Contact the Cheyenne office at (307) 777-7261 or the Casper field office at (307) 235-3679. You can also submit a complaint online at dws.wyo.gov/dws-division/labor-standards. Employers found in violation face fines up to $1,000 per violation and $200 per day for failure to pay wages on time.
