Wyoming Employment Laws for Employers
Reviewed Sep 27, 2026 10 of 13 rules verified against official sources How we verify
Not a substitute for the advice of an attorney. General information; laws vary by state. Terms of use
Final pay and unused vacation
Final paycheck
If you fire someone, when is the last paycheck due?Next regular paydayVerified Sep 24, 2026 · 2 official sources
Whether the employee quits or is discharged, wages due must be paid no later than the employer's next regularly scheduled payday (or a time set by a collective bargaining agreement). (Wyo. Stat. § 27-4-104(a))
“Whenever an employee quits service or is discharged, the employee shall be paid whatever wages are due him in lawful money of the United States of America, or by check or draft which can be cashed at a bank, no later than the employer's usual practice on regularly scheduled payroll dates or at a time specified under the terms of a collective bargaining agreement between the employer and the employee.”
Put it in writing with the termination letter template for Wyoming.
If an employee quits, when is the last paycheck due?Next regular paydayVerified Sep 24, 2026 · 2 official sources
Whether the employee quits or is discharged, wages due must be paid no later than the employer's next regularly scheduled payday (or a time set by a collective bargaining agreement). (Wyo. Stat. § 27-4-104(a))
Same official text as quoted above (see the quote; Wyo. Stat. § 27-4-104(a) · wyoleg.gov).
“Final Paychecks: If you leave a job, your employer must give you your final paycheck by the next regularly scheduled payday.”
Unused vacation (PTO) at separation
Do you have to pay out unused vacation when someone leaves?Depends on your policyVerified Sep 24, 2026 · 2 official sources
In Wyoming, wages include fringe benefits, and accrued vacation is paid at termination unless the employer's written policy provides that accrued vacation is forfeited at termination and the employee acknowledged that policy in writing. An employer can deny vacation payout only on that basis. (Wyo. Stat. § 27-4-501(a)(iii))
“(iii) "Wages" means compensation, including fringe benefits, for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission, or other basis, but does not include the value of vacation leave accrued at the date of termination if the written policies of the employer provide that accrued vacation is forfeited upon termination of employment and the written policies are acknowledged in writing by the employee;”
“Vacation: You can deny payout only if your written policy clearly states it and the employee acknowledged it.”
Wages, paydays and breaks
Minimum wage
What is the minimum wage?$7.25 per hour (federal; state $5.15 applies only to employers not covered by the FLSA)Verified Sep 27, 2026 · 2 official sources
Wyoming state minimum wage is $5.15 per hour; employers subject to the federal FLSA must pay the federal minimum wage of $7.25 per hour. (Wyoming minimum wage law (U.S. DOL WHD state minimum wage table))
“Wyoming Basic Minimum Rate (per hour): $5.15 Employers subject to the Fair Labor Standards Act must pay the current Federal minimum wage of $7.25 per hour.”
“Wyoming’s state minimum wage is $5.15 per hour (though keep in mind that federal law often requires a higher rate for most businesses).”
Paydays
How often do you have to pay?Semi-monthly (certain industries only)Verified Sep 27, 2026 · 2 official sources
Wyoming requires semi-monthly paydays only in certain industries; most employers have no set pay frequency requirement. (W.S. 27-4-101(a) (Wyoming Statutes Title 27, wyoleg.gov))
“Every person, firm or corporation, engaged in the operation of any railroad, mine, refinery, and work incidental to prospecting for, or the production of, oil and gas, or other factory, mill or workshop, within the state of Wyoming, shall, on or before the first day of each month, pay their employees the wages earned by them during the first half of the preceding month ending with the fifteenth day of the month,”
“Most employers are not required to follow a specific schedule. Certain industries must pay semi-monthly.”
Meal breaks
Do adult employees get a meal break?No state ruleVerified Sep 27, 2026 · 2 official sources
No state meal break requirement for adult employees in private employment. (U.S. DOL WHD table of state meal period requirements (Wyoming not listed))
“Table of Meal Period Requirements Under State Law For Adult Employees in Private Sector”
“Q: Am I required to provide meal or rest breaks? A: No, Wyoming law does not require breaks.”
Rest breaks
Do adult employees get paid rest breaks?No state ruleVerified Sep 27, 2026 · 2 official sources
No state rest break requirement for adult employees in private employment. (U.S. DOL WHD table of state paid rest period requirements (footnote 1; Wyoming not listed))
“1 States not listed do not require paid rest periods.”
Same official text as quoted above (see the quote; Wyoming Department of Workforce Services, Labor Standards employer FAQ · dws.wyo.gov).
Paid sick leave
Pending verification. Not verified for Wyoming yet, so no answer is shown. Each link opens the official source to check.
Ending employment
At-will employment
Yes. Wyoming follows at-will employment, with these exceptions (McBride v. Peak Wellness Center, Inc., No. 11-8037 (10th Cir. Aug. 6, 2012), citing Boone v. Frontier Ref., Inc., 987 P.2d 681, 685 (Wyo. 1999)):
- Public policy: Recognized, limited (McBride v. Peak Wellness Center, Inc., No. 11-8037 (10th Cir. Aug. 6, 2012), quoting McLean v. Hyland Enters., Inc., 34 P.3d 1262, 1268 (Wyo. 2001))
- Implied contract: Recognized (McBride v. Peak Wellness Center, Inc., No. 11-8037 (10th Cir. Aug. 6, 2012), citing Boone v. Frontier Ref., Inc., 987 P.2d 681, 685 (Wyo. 1999))
- Good faith and fair dealing: Recognized, limited (McBride v. Peak Wellness Center, Inc., No. 11-8037 (10th Cir. Aug. 6, 2012), citing Wilder v. Cody Country Chamber of Commerce, 868 P.2d 211, 220 (Wyo. 1994) and Dubrowski v. State ex rel. Wyo. Liquor Comm'n, 1 P.3d 631, 633 (Wyo. 2000))
Public policy exception: recognized?Recognized, limitedVerified Sep 24, 2026 · 2 official sources
Wyoming recognizes a limited public policy exception to at-will employment (McLean v. Hyland Enterprises): the employee must identify a strong and well-established public policy and show that no other remedy is available. (McBride v. Peak Wellness Center, Inc., No. 11-8037 (10th Cir. Aug. 6, 2012), quoting McLean v. Hyland Enters., Inc., 34 P.3d 1262, 1268 (Wyo. 2001); U.S. Bureau of Labor Statistics, Monthly Labor Review (Jan. 2001), "The employment-at-will doctrine: three major exceptions")
“Wyoming recognizes a “limited exception to the at-will employment doctrine” for a termination that violates public policy.”
“Only six western States—Alaska, California, Idaho, Nevada, Utah, and Wyoming—recognize all three of the major exceptions.”
Implied contract exception: recognized?RecognizedVerified Sep 24, 2026 · 2 official sources
Wyoming presumes employment is at will, but employers and employees can depart from that presumption through an express or implied contract, which may include an employee handbook; a handbook disclaimer can preserve at-will status. (McBride v. Peak Wellness Center, Inc., No. 11-8037 (10th Cir. Aug. 6, 2012), citing Boone v. Frontier Ref., Inc., 987 P.2d 681, 685 (Wyo. 1999); U.S. Bureau of Labor Statistics, Monthly Labor Review (Jan. 2001), "The employment-at-will doctrine: three major exceptions")
“Employees and employers may depart from the presumption by entering an express or implied contract, which may include an employee handbook.”
Same official text as quoted above (see the quote; U.S. Bureau of Labor Statistics, Monthly Labor Review (Jan. 2001), "The employment-at-will doctrine: three major exceptions" · bls.gov).
Good faith and fair dealing exception: recognized?Recognized, limitedVerified Sep 24, 2026 · 2 official sources
Every Wyoming employment contract contains an implied covenant of good faith and fair dealing (Wilder v. Cody Country Chamber of Commerce), but a breach is actionable in tort only where a special relationship of trust and reliance exists between employer and employee, which arises only in rare and exceptional cases. (McBride v. Peak Wellness Center, Inc., No. 11-8037 (10th Cir. Aug. 6, 2012), citing Wilder v. Cody Country Chamber of Commerce, 868 P.2d 211, 220 (Wyo. 1994) and Dubrowski v. State ex rel. Wyo. Liquor Comm'n, 1 P.3d 631, 633 (Wyo. 2000); U.S. Bureau of Labor Statistics, Monthly Labor Review (Jan. 2001), "The employment-at-will doctrine: three major exceptions")
“But breaches of this covenant are not actionable in tort unless “a special relationship of trust and reliance exists between the employer and the employee.””
Same official text as quoted above (see the quote; U.S. Bureau of Labor Statistics, Monthly Labor Review (Jan. 2001), "The employment-at-will doctrine: three major exceptions" · bls.gov).
Wyoming and its neighbors
| State | Final pay after firing | Final pay after quitting | Minimum wage | Paid sick leave |
|---|---|---|---|---|
| Wyoming | Next regular payday | Next regular payday | $7.25 per hour (federal) | Pending verification. Official source (dws.wyo.gov). |
| Montana | Immediately (see rule) | Next payday or 15 days, whichever is sooner | $10.85 per hour | Pending verification. Official source (erd.dli.mt.gov). |
| South Dakota | Next regular payday | Next regular payday | $11.85 per hour | Pending verification. Official source (dlr.sd.gov). |
| Nebraska | Pending verification. Official source (nebraskalegislature.gov). | Pending verification. Official source (nebraskalegislature.gov). | $15.00 per hour | Pending verification. Official source (nebraskalegislature.gov). |
| Colorado | Pending verification. Official source (cdle.colorado.gov). | Pending verification. Official source (cdle.colorado.gov). | $15.16 per hour | Yes, statewide |
| Utah | 24 hours | Next regular payday | $7.25 per hour | Pending verification. Official source (laborcommission.utah.gov). |
| Idaho | Next payday or 10 days (not counting weekends and holidays), whichever is sooner | Next payday or 10 days (not counting weekends and holidays), whichever is sooner | $7.25 per hour | Pending verification. Official source (labor.idaho.gov). |
Verified rules only; open a state for its sources.
What an employee costs in Wyoming
Every employer pays Social Security 6.2% (Publication 15), Medicare 1.45% (Topic 751) and FUTA (Topic 759). Wyoming adds its unemployment insurance tax:
| Wyoming payroll tax, 2026 | Amount |
|---|---|
| Taxable wage base per employee | $33,800 |
| Rates for experience-rated employers | 0.10% to 8.50% |
| New-employer rate | Average rate for your industry |
| FUTA credit reduction | None for 2025 or 2026 |
| Estimated employer taxes on a $40,000 salary | $3,102 (7.8%) |
The estimate counts FUTA at 0.6% of the first $7,000 ($42 per employee), which assumes the full FUTA credit (Topic 759).
Estimate for a new employer and a full year, without the state tax; check with your payroll provider. Sources: U.S. DOL, State UI Laws, July 2026, page 6; U.S. DOL, FUTA credit reductions.
Federal wage enforcement in Wyoming
In FY2021 to FY2025, the federal Wage and Hour Division concluded 56 cases in Wyoming (n = 56), 53 with violations, finding $203,193 in back wages owed to 252 employees and assessing $147,932 in civil money penalties (DOL enforcement data). Overtime back wages were part of 39.6% of the violation cases. OSHA opened 794 inspections in the same years (OSHA data). Enforcement data is not a violation rate: it shows where federal investigators looked. Wage violations by industry.
Wyoming runs its own OSHA-approved State Plan that covers private employers, so workplace safety rules for most private workplaces in Wyoming are enforced by the state program rather than by federal OSHA (OSHA: State Plans).
Changelog
- Sep 24, 2026: first verified, 9 rules.
- Sep 26, 2026: verified: payday frequency, now backed by two independent official sources. (dws.wyo.gov)
Questions about Wyoming employment laws
What is the minimum wage in Wyoming?
$7.25 per hour (federal; state $5.15 applies only to employers not covered by the FLSA). Wyoming state minimum wage is $5.15 per hour; employers subject to the federal FLSA must pay the federal minimum wage of $7.25 per hour. (Wyoming minimum wage law (U.S. DOL WHD state minimum wage table))
Is Wyoming an at-will state?
Yes. Wyoming follows at-will employment, with exceptions. Of the 3 common exceptions, we have verified 3, and 3 are recognized in Wyoming (McBride v. Peak Wellness Center, Inc., No. 11-8037 (10th Cir. Aug. 6, 2012), citing Boone v. Frontier Ref., Inc., 987 P.2d 681, 685 (Wyo. 1999)).
When is the final paycheck due after firing someone in Wyoming?
Whether the employee quits or is discharged, wages due must be paid no later than the employer's next regularly scheduled payday (or a time set by a collective bargaining agreement). (Wyo. Stat. § 27-4-104(a))
Sources (10)
- Wyoming minimum wage law (U.S. DOL WHD state minimum wage table)
- Wyoming Department of Workforce Services, Your Rights as an Employer
- W.S. 27-4-101(a) (Wyoming Statutes Title 27, wyoleg.gov)
- W.S. 27-4-101 (Wyoming DWS Labor Standards employer FAQ)
- U.S. DOL WHD table of state meal period requirements (Wyoming not listed)
- U.S. DOL WHD table of state paid rest period requirements (footnote 1; Wyoming not listed)
- Wyoming Department of Workforce Services, Your Rights as a Worker
- McBride v. Peak Wellness Center, Inc., No. 11-8037 (10th Cir. Aug. 6, 2012), citing Wilder v. Cody Country Chamber of Commerce, 868 P.2d 211, 220 (Wyo. 1994) and Dubrowski v. State ex rel. Wyo. Liquor Comm'n, 1 P.3d 631, 633 (Wyo. 2000)
- U.S. Bureau of Labor Statistics, Monthly Labor Review (Jan. 2001), "The employment-at-will doctrine: three major exceptions"
- U.S. Department of Labor: State labor offices
Checked Sep 27, 2026 · How we verify every rule · Report an error
General information, not legal advice. Not a substitute for the advice of an attorney. This page is for general information only and isn’t legal, financial or tax advice. Laws vary by state and change; check the official source or talk to a qualified professional about your situation. Report an error