Hiring Laws in Wyoming

Wyoming employment laws feature a unique dual minimum wage structure, combining the lowest state minimum wage in the nation ($5.15, unchanged since 2002) with federal standards that apply to most workers. The state’s Wyoming Department of Workforce Services (DWS), its Labor Standards Office, and the Equal Employment Opportunity Commission (EEOC) oversee employment standards including wage and hour rules, anti-discrimination protections, new hire reporting, and workplace safety.

One of the most notable aspects of Wyoming employment law is its state minimum wage of $5.15 per hour (tied with Georgia for lowest in the nation), though the federal minimum wage of $7.25 applies to most employers covered by the Fair Labor Standards Act (FLSA). Additionally, the Wyoming Fair Employment Practices Act (WFEPA) covers employers with 2+ employees—among the lowest anti-discrimination thresholds in the nation.

These rules reflect Wyoming’s minimal state-level employment regulation combined with federal wage and anti-discrimination standards.

Wyoming Hiring Laws

Anti-Discrimination and Equal Opportunity Laws

The Wyoming Fair Employment Practices Act (WFEPA), codified in Wyoming Statutes § 27-9-101 et seq., prohibits discrimination in employment based on race, color, religion, sex, national origin, age (40 and older), and disability.

• Unique breadth of coverage: The WFEPA applies to employers with 2 or more employees—one of the lowest thresholds in the nation and significantly lower than federal Title VII’s 15-employee requirement. Why the 2-employee threshold? Wyoming determined that even the smallest workplaces should be subject to anti-discrimination protections, providing broader state-level coverage than almost any other state.
• Important distinction—No explicit sexual orientation/gender identity protections in state law: Wyoming state law does not currently include sexual orientation or gender identity as protected classes. However, the City of Laramie enacted a local ordinance (Laramie Municipal Code § 8.20) prohibiting discrimination based on sexual orientation and gender identity within city limits. Additionally, the federal Supreme Court decision in Bostock v. Clayton County (June 2020) extended Title VII sex-based discrimination protections to include sexual orientation and gender identity for employers with 15+ employees under federal law.
• Retaliation protections: The WFEPA prohibits retaliation against employees for filing discrimination complaints, participating in investigations, or opposing discriminatory practices.

Employers are required to maintain written policies addressing non-discrimination. Employers must provide reasonable accommodations for individuals with disabilities unless it causes undue hardship.

Pay Equity and Minimum Wage

• Unique dual wage structure: Wyoming has a state minimum wage of $5.15 per hour, unchanged since July 1, 2002—23 years without an increase. This ties Wyoming with Georgia for the lowest state minimum wage in the United States. However, most Wyoming workers are covered by the federal Fair Labor Standards Act (FLSA), which requires payment of the federal minimum wage of $7.25 per hour.
• Why the dual system exists: The Wyoming state minimum wage applies only to employers not covered by the FLSA. These are typically very small businesses that do not engage in interstate commerce and have annual gross revenues below $500,000. Examples include certain local businesses, domestic service workers (day workers, housekeepers, full-time babysitters), and some agricultural workers. For the vast majority of Wyoming employers, the higher federal minimum wage of $7.25 applies.
• No future state increases planned: Wyoming has no mechanism for automatic annual minimum wage increases, and no legislation is currently pending to increase the state minimum wage. Any changes would require legislative action by the Wyoming state government.
• Tipped employees: The minimum cash wage for tipped employees is $2.13 per hour. Employers may take a tip credit of up to $5.12 per hour if tips, combined with the base wage, reach at least $7.25 per hour (or $5.15 for non-FLSA covered employers). Employers must ensure tipped workers always earn at least the applicable minimum wage.
• Youth/Training wage: Employers may pay $4.25 per hour to workers under age 20 during their first 90 consecutive calendar days of employment, following federal standards.
• Special pay schedules: For employers in certain industries (railroads, mining, refinery operations, prospecting, oil and gas production, factory work, mill operations, and workshops), Wyoming law requires payment at least semi-monthly—wages must be paid by the end of the month for work in the first half, and by the 15th of the following month for work in the second half.
• Overtime: Wyoming follows federal FLSA standards—overtime is due at 1.5 times the regular rate for hours worked over 40 per week. Additionally, for public works employees (laborers, workmen, or mechanics employed by public employers), Wyoming law requires overtime pay if they work more than 8 hours in a day or over 40 hours in a workweek.
• Exempt employee salary threshold: As of January 1, 2025, the federal salary threshold for exempt employees is $58,656 per year, adjusted every three years thereafter.

Wyoming follows federal equal pay requirements. Employers should retain records demonstrating the basis for any wage differences between employees performing substantially equal work.

Background Checks and Criminal History Rules

Wyoming does not have a statewide ban-the-box law for private employers. Employers may inquire about an applicant’s criminal history at any point during the hiring process. However, expunged or sealed records require special handling—if an applicant’s criminal record has been expunged or sealed, the applicant may truthfully state that the conviction did not occur.

When using third-party background screening services, the Fair Credit Reporting Act (FCRA) applies. Employers must obtain written consent before running a background check and provide adverse action notices if denying employment.

I-9 and Employment Eligibility Requirements

Like all U.S. states, Wyoming employers are required to verify the identity and employment eligibility of new hires using Form I-9. The employee must complete Section 1 by their first day of employment. Employers must complete Section 2 within three business days of hire. Forms must be retained for three years after hire or one year after termination, whichever is later.

State-Specific Hiring Rules

Wyoming enforces additional hiring-related requirements that employers should be aware of:

Penalties for Non-Compliance in Wyoming

Wyoming takes non-compliance seriously. Employers who fail to follow federal and state hiring laws can face significant financial and legal consequences.

• Wage and Hour Violations: Employers who violate minimum wage, overtime, and wage payment laws are subject to civil penalties. Violations can result in back wages, liquidated damages (double the unpaid wages), and attorney fees. Complaints should be filed with the Wyoming Labor Standards Office at (307) 777-7261.
• Discrimination Violations: If discrimination is found, remedies include reinstatement, back pay, compensatory damages, front pay, and attorney fees. Wyoming law does not cap compensatory damages.
• Filing timeline: Employees should file discrimination complaints with the Wyoming Department of Workforce Services or federal EEOC within 300 days of the alleged discriminatory act.
• FCRA Violations: Improper background check procedures can result in fines of $1,000+ per applicant, with significantly higher exposure in class-action lawsuits.
• Form I-9 Violations: USCIS fines range from $281 to $2,789 per form for paperwork errors, and $678 to $27,894 per violation for knowingly hiring unauthorized workers (as of 2025).
• New Hire Reporting Non-Compliance: Employers who fail to report face civil penalties.

Notice and Documentation HR Professionals Need to Know

• Completed Form I-9s for All New Hires- Federal law requires all employers to verify an employee’s identity and eligibility to work via Form I-9. For additional guidance, consult the USCIS I-9 Handbook.
• New Hire Reporting to Wyoming DWS- Report to the Wyoming New Hire Reporting Center within 20 days. Phone: (800) 970-9258. Reports should include employee name, address, Social Security number, start date, and employer FEIN.
• Posters and Workplace Notices-Display required federal and state labor law posters prominently in the workplace.