Wyoming labor laws, including Wyoming labor laws 2024, impact the daily lives of employees and employers in Wyoming. Residents of Wyoming have many questions that affect them every day regarding Wyoming labor laws from minimum wage rates, overtime, wage payments, vacation and sick leave, child labor, meal and rest breaks, and more.
In addition to Wyoming labor laws, employer must also comply with federal labor laws such as the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Family and Medical Leave Act (FMLA), National Labor Relations Act (NLRA), Occupational Safety and Health Act (OSHA), and many other federal laws. And when federal laws are different from state Wyoming labor laws, usually companies must comply with the law that provides their workers the best protection.
Below we provide comprehensive information and resources regarding your more pressing Wyoming labor law questions to help you answer the question and help you make the right decision about you and your employment.
Minimum Wage
In Wyoming, the current minimum wage is $5.15. Interestingly, because this rate is lower than the federal minimum wage, employees’ incomes may vary.
According to state law, Wyoming employers must pay either the state or federal standard minimum wage, whichever is higher. That said, most employees are paid the standard federal minimum wage, which is $7.25. For tipped employees, their minimum wage is $2.13.
When combining tipped wages and tips, employees must make at least the standard minimum wage. If their income is insufficient, employers must account for the difference. Additionally, tipped employees have to provide employers with a daily record of tips every month. These records are then kept in the event the IRS requires such information.Visit our Wyoming minimum wage information page to learn more about minimum wage in Wyoming.
Related topic covered on other pages include:
Overtime
Wyoming labor laws do not have laws governing the payment of overtime. WY Dept. of Workforce Services FAQ. Federal overtime laws apply. See FLSA: Overtime for more information regarding overtime requirements.
Prevailing Wages
Under certain circumstances, employers in Wyoming may be required to pay residents wage rates established by the federal or state prevailing wage rates and rules. The prevailing wage rates may be different from the state’s standard minimum wage rates. Employees may be eligible for prevailing wages if they work on federal or state government or government-funded construction projects or perform certain federal or state government services. See the Wyoming Prevailing Wages, Davis-Bacon and Related Acts, McNamara-O’Hara Service Contract Act (SCA), and Walsh-Healey Public Contracts Act (PCA) for more information about prevailing wages.
Meals and Breaks
Wyoming labor laws do not have any laws requiring an employer to provide a meal period or breaks to employees, thus the federal rule applies. The federal rule does not require an employer to provide either a meal (lunch) period or breaks. However, if an employer chooses to do so, breaks, usually of the type lasting less than twenty (20) minutes, must be paid. Meal or lunch periods (usually thirty (30) minutes or more) do not need to be paid, so long as the employee is free to do as they wish during the meal or lunch period. WY Dept. of Workforce Services FAQ.
Nursing Mother Breaks
Wyoming labor laws do not require employers to provide nursing mothers with breaks to express breast milk. However, the federal Fair Labor Standards Act requires certain employees to provide nonexempt nursing mothers for one (1) year following a child’s birth with reasonable rest breaks to express milk and private spaces, other than a bathroom, to express breast milk.
Vacation Leave
Wyoming employers aren’t required to offer employees unpaid or paid vacation benefits. If employers provide these benefits, they must be outlined in employment contracts and followed based on the policies.
Employers may also establish policies that prevent employees from being paid for accrued vacation when terminated. However, any forfeiture of vacation leave must be signed off on by the employee in their employment contract. If this is not complete, the employer must pay employees for their accrued unused vacation leave.
It’s also important to note that employers may require employees to begin work on a specific date before receiving vacation leave. Wyoming also allows employers to have “use-it-or-lose-it” policies regarding accrued vacation. If employees do not use their vacation time, they could lose the time off.
Visit our Wyoming vacation leave information page to learn more about vacation leave in Wyoming.
Sick Leave
Wyoming is a state that doesn’t require its employers to offer employees sick leave benefits. However, some employees could be covered by the federal Family and Medical Leave Act, requiring unpaid time off.
Additionally, employers could choose to implement sick leave policies independently. Employers must abide by the terms laid out in their policies and employment contracts in these instances.
Visit our Wyoming sick leave information page to learn more about sick leave in Wyoming.
Holiday Leave
Wyoming employers aren’t required to offer their staff any unpaid or paid time off for holidays. Also, employees aren’t entitled to be paid a premium rate if they work on holidays.
Employers may require their staff to work on specific holidays throughout the year. They are required to provide employees with special pay rates if their hours are classified as overtime. In these instances, employers must pay following overtime laws. Alternatively, companies can implement their own holiday leave policies.
Visit our Wyoming holiday leave information page to learn more about holiday leave in Wyoming.
Jury Duty Leave
Employers are not obligated to provide their employees with paid or unpaid time off to serve on a jury. That said, they also cannot penalize an employee for answering a jury summons or serving. They may not revoke benefits, coerce, or threaten their employees in these instances.
Visit our Wyoming jury duty information page to learn more about jury duty leave in Wyoming.
Voting Leave
Wyoming requires employers to offer one hour of paid voting leave for special, primary, or general elections. This only applies if employees do not have three or more off-duty hours to vote while polls are open.
Employers can also control when their staff has time off to vote, ensuring the company’s schedule is maintained.Visit our Wyoming voting leave information page to learn more about voting leave in Wyoming.
Severance Pay
Wyoming labor laws do not require employers to provide employees with severance pay. If an employer chooses to provide severance benefits, it must comply with the terms of its established policy or employment contract.
Unemployment
Workers in Wyoming can apply for unemployment benefits while actively seeking a new job. There are specific requirements that applicants must meet before being granted benefits. These eligibility requirements include:
- Applicants must be partially or completely unemployed.
- Applicants must have earned sufficient wage credits.
- Applicants must be unemployed through no fault of their own.
- Applicants must be able and available to work each week.
- Applicants must actively seek employment each week while receiving benefits.
Visit Wyoming’s unemployment information page to learn more about unemployment benefits in Wyoming.
Other Wyoming Labor Laws Topics and Resources
There are several other Wyoming labor laws governing the employers and their workplaces. Below are those topics and resources:
- Wyoming child labor laws for children 17 years of age and younger including topics including work during school hours and summer hours, school days and non-school days, summer days of employment (usually June 1 to Labor Day), hour restrictions, work permits, and hazardous occupations.
- The Wyoming Fair Employment Program/Equal Employment Opportunity Commission protects employees workplace civil rights and against discrimination and retaliation. Employees are also protected by federal discrimination laws enforced by the Equal Employment Opportunity Commission (EEOC). The state and federal discrimination laws offer employees protections and violations based on the following:
| Disability (a mental or physical impairment) | Sex, including sexual harassment | Gender expression | National Origin |
| Race | Sexual orientation | Religion | Ancestry |
| Creed | Gender identity | Age (40+) | Pregnancy, childbirth, and related conditions |
| Color | Genetic information | Marital status |
- Wyoming labor laws regarding wage payment laws including covering frequency and manner of wage payments, regular paydays, payday, pay periods, deductions, direct deposit and payroll cards, wage statement, record keeping, final paychecks, and notice requirements.
- Wyoming labor laws regarding minimum wage and overtime exemptions covering non-exempt employees and exempt employees.
- Wyoming labor law regarding hours worked including rest breaks, meal breaks, on-call, waiting, travel, sleeping, and meeting times.
- The Wyoming Department of Workforce Services Wyoming OSHA helps employers comply with laws and regulations regarding workplace safety and health. Occupational Safety and Health Act (OSHA) which covers federal workplace safety and health requirements.
- Active duty employees, including those in the national guard, and veterans may also be eligible for military leave under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA).
- The Wyoming Department of Workforce Services manages workers’ compensation in Wyoming and worker compensation insurance claims and enforcement. Employees who are injured on the job may be entitled to workers’ compensation benefits that minimizes the financial impact on the employee.
- Under the federal Worker Adjustment and Retraining Notification (WARN) Act, employers in Wyoming are required to provide 60-day advanced notice to any employees that may be impacted by a business closing or mass layoff if 50 or more employees will be impacted.
- If Wyoming employers provide employees health insurance benefits, they must comply with the Consolidated Omnibus Budget Reconciliation Act (COBRA) that provides health coverage protections to employees under certain circumstances such as voluntary or involuntary job loss, reduction in the hours worked, transition between jobs, death, divorce, and other life events.
- Under the Fair Credit Reporting Act, employers must provide applicants and employees prior notice before conducting background checks involving credit reports. Other rules and limitation may also apply.
