Wyoming Labor Law Guide 2026: Minimum Wage, Overtime, Breaks, and Leave
Wyoming labor laws for employers in 2026: the $5.15 state statute versus the $7.25 federal minimum, no private-sector overtime law, no break or paid leave mandate, final paycheck by the next regular payday, written-policy vacation forfeiture, and child labor rules under W.S. 27-6.
Wyoming's employment statutes are among the lightest in the country. The state minimum wage law still reads $5.15, no state statute requires overtime in the private sector, and there is no break, sick leave, or vacation mandate. In practice the federal Fair Labor Standards Act (FLSA) sets the floor for almost every Wyoming employer, and the Labor Standards office of the Department of Workforce Services handles wage claims, final pay disputes, and child labor. Knowing which layer applies is most of the work.
This guide sets out what an employer in Cheyenne, Casper, or Jackson must follow in 2026.
Minimum Wage in Wyoming
Wyoming Statute 27-4-202 sets a state minimum wage of $5.15 per hour, and the Department of Workforce Services' employer FAQ confirms that figure. It rarely matters: any employer covered by the FLSA must pay the federal $7.25, and FLSA coverage reaches businesses with $500,000 or more in annual sales plus most employees who handle goods in interstate commerce. The $5.15 rate can only apply to the small number of workers outside federal coverage. Wyoming has no local minimum wages.
The Wyoming minimum wage guide explains the two-tier situation, the federal tipped wage of $2.13, and earnings at $7.25. For the national picture see minimum wage by state.
Overtime Rules
The Department of Workforce Services answers the overtime question directly: "No, Wyoming law does not require overtime pay" in the private sector, and the state's overtime statute (W.S. 27-4-507) is silent on private employers. The exception is public works: on state or local government construction projects, W.S. 16-6-110 requires time and a half after 8 hours in a day or 40 in a week, although an employee may agree to work more than 8 hours a day without daily overtime as long as weekly overtime is paid.
For everyone else, the FLSA applies. Non-exempt employees earn 1.5 times their regular rate for hours over 40 in a workweek. There is no daily threshold outside public works.
Worked example at the federal minimum. A $7.25 employee who works 45 hours earns 40 × $7.25 = $290.00 plus 5 × $10.875 = $54.38 in overtime, for $344.38 gross. Try other rates in the overtime calculator, and see overtime pay laws by state.
Meal and Rest Breaks
Wyoming has no break law. The employer FAQ states, "No, Wyoming law does not require breaks," for meal or rest periods. When an employer chooses to provide breaks, federal rules govern pay.
| Break type | Wyoming requirement | Federal rule if offered |
|---|---|---|
| Meal break | None | Unpaid only if 30 minutes or more and the employee is fully relieved of duty |
| Rest break | None | Breaks of 5 to 20 minutes are paid working time |
| Minors | No state break rule | Federal child labor limits on hours apply |
See rest and meal break laws by state and schedule breaks with the break time calculator.
Paid Sick Leave and Other Leave
Wyoming does not require paid sick leave, vacation, or holidays. The employer FAQ notes that an employer "may choose not to pay out" sick or personal leave and that vacation is a matter of policy.
| Leave type | Wyoming requirement | Notes |
|---|---|---|
| Paid sick leave | None | Employer policy governs |
| Family and medical leave | Federal FMLA only | 50 or more employees; 12 weeks unpaid |
| Jury duty | Job protected | Employers may not discharge employees for jury service |
| Voting | Employees are entitled to one hour of paid leave to vote if they lack sufficient time outside work hours | Confirm current wording with Labor Standards |
| Military leave | Federal USERRA plus state National Guard protections | Reinstatement rights |
Compare states in paid sick leave laws in the US and jury duty laws in the US.
PTO Payout and Final Paychecks
Under W.S. 27-4-104, wages owed to an employee who quits or is terminated are due "by the next regular payday," and wages owed at an employee's death go to the heirs or next of kin on the regular payday. The same deadline applies to discharge and resignation.
Wyoming allows employers to opt out of vacation payout, but only in writing. The FAQ says an employer may deny payout of accrued vacation if its "written policy clearly states it and employee acknowledged it" (W.S. 27-4-507). Without that written, acknowledged policy, accrued vacation is treated as wages due at separation. See PTO payout laws by state for how Wyoming compares.
Wyoming does not set a general pay frequency. W.S. 27-4-101 requires semimonthly pay for certain industries such as railroads, mines, refineries, and factories; other employers choose their own regular paydays.
Exempt vs Non-Exempt Employees
Because Wyoming has no state overtime law, exemption is purely a federal question. An employee is exempt from FLSA overtime only if paid on a salary basis of at least $684 per week and primarily performing executive, administrative, professional, computer, or outside sales duties. Wyoming sets no higher threshold.
Use the FLSA exemption flowchart and read exempt vs non-exempt employees before classifying any salaried role.
Child Labor Rules
Wyoming's child labor statute, W.S. 27-6-107 and related sections, sets 14 as the minimum age for most work. The Department's youth and parents page explains that "there are limits on how many hours teens can work on school days and non-school days" and that hazardous jobs involving equipment, heavy construction, or dangerous materials are off limits. Federal FLSA child labor rules apply to covered employers on top of state law.
| Age group | Rules |
|---|---|
| Under 14 | May not be employed except in narrow exceptions such as family businesses and agriculture |
| 14 and 15 | State law bars work during school hours and limits daily hours and night work on school days; federal limits (3 hours on a school day, 18 in a school week, 8 on a non-school day, 40 in a non-school week, 7 AM to 7 PM, 9 PM in summer) apply to FLSA-covered employers. Confirm current Wyoming limits in the Department's child labor brochure |
| 16 and 17 | No state hour limits; federal hazardous occupation orders apply |
| Work permits | Wyoming does not require state work permits; keep proof of age on file |
Federal rules are in child labor laws in the US.
Other Wyoming Employment Rules
- Deductions. W.S. 27-4-104 permits deductions for cash shortages, loan repayments, and damaged equipment, but only with the employee's written authorization for the specific amount, and never below the applicable minimum wage. Confirm the current authorization rules with Labor Standards.
- Public works overtime. Contractors on state and local construction projects owe daily and weekly overtime under W.S. 16-6-110 and must follow prevailing wage rules.
- Employment at will. Wyoming follows at-will employment, subject to implied contract claims that can arise from handbook language. Include a clear at-will disclaimer in any handbook.
- Fair Employment Practices Act. The state anti-discrimination law covers employers with two or more employees and is enforced by the Department's Labor Standards office.
Hiring, Termination, and Record-Keeping
Wyoming's Fair Employment Practices Act prohibits discrimination based on race, color, religion, sex, national origin, ancestry, age (40 and over), disability, and pregnancy, and applies at two or more employees. Federal Title VII applies at 15 or more. Complete Form I-9 for each hire and follow the Fair Credit Reporting Act for background checks.
Required posters include the Wyoming Fair Employment Practices notice, workers' compensation and unemployment insurance notices, and the federal FLSA, OSHA, EEOC, FMLA, and USERRA posters. The Department's documents and forms page links the current versions.
Keep payroll records for three years and time records for two under the FLSA. A time card calculator totals a week; the timekeeping policy template documents rounding, breaks, and overtime rules.
Common Compliance Mistakes in Wyoming
- Paying $5.15 to a covered employee. The state statute is not a safe harbor. Almost every Wyoming business is covered by the FLSA through the enterprise or individual coverage tests, and the federal $7.25 controls for those workers.
- Reading "no state overtime law" as "no overtime." Federal overtime after 40 hours applies to non-exempt employees of FLSA-covered employers, and public works contractors owe daily overtime after 8 hours.
- Relying on a verbal vacation forfeiture rule. Wyoming lets employers deny vacation payout only when a written policy clearly says so and the employee acknowledged it. A handbook the employee never signed for may not satisfy the statute.
- Taking deductions for shortages without written authorization. Cash shortage and damage deductions are allowed, but only with the employee's written authorization for the specific deduction and never below the minimum wage.
- Scheduling minors around federal limits only. Wyoming's child labor statute has its own school-day and night-work limits for workers under 16. Check the Department's brochure before setting a teen's schedule.
- Forgetting the semimonthly rule in covered industries. Mines, refineries, railroads, and factories must pay at least twice a month even though most other Wyoming employers may choose their own schedule.
Frequently Asked Questions
What is the minimum wage in Wyoming in 2026?
The state statute says $5.15, but the federal $7.25 applies to almost every employer through the FLSA. Pay $7.25 unless you are certain the business and the employee are outside federal coverage.
Does Wyoming require overtime pay?
Not under state law for private employers. The federal FLSA requires 1.5 times the regular rate after 40 hours in a workweek, and public works contracts require daily overtime after 8 hours.
Does Wyoming require lunch breaks?
No. Wyoming law does not require meal or rest breaks. Breaks offered by policy follow federal pay rules.
When is a final paycheck due in Wyoming?
By the next regular payday, whether the employee quit or was terminated.
Do Wyoming employers have to pay out unused vacation?
Yes, unless a written policy clearly states that unused vacation is forfeited and the employee acknowledged it. Sick and personal leave may be excluded from payout by policy.
Does Wyoming have paid sick leave?
No. There is no state or local paid sick leave mandate.
Are work permits required for minors in Wyoming?
No. Wyoming does not issue work permits, but employers must follow the state and federal age, hour, and hazardous occupation limits.
How often must Wyoming employers pay employees?
Most employers set their own regular paydays. Railroads, mines, refineries, factories, and similar industries must pay at least semimonthly under W.S. 27-4-101.
Sources
- Wyoming Department of Workforce Services, Labor Standards employer FAQ
- Wyoming Department of Workforce Services, Youth and Parents
- Wyoming Department of Workforce Services, Your Rights as a Worker
- US Department of Labor, state minimum wage laws
- US Department of Labor, state payday requirements
Reviewed September 2026
This guide summarizes Wyoming and federal rules as published by the agencies above. Laws and agency guidance change. Confirm current requirements with the Wyoming Department of Workforce Services Labor Standards office before making payroll or policy decisions.
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