Introduction to employment laws in Wyoming
The employment landscape in Wyoming is underpinned by several state and federal laws that govern many aspects of employment, from working hours and minimum wage to insurance contributions and benefits.
Understanding and adhering to Wyoming’s employment laws is crucial for businesses operating within the state. Here’s everything you need to know.
Employing in Wyoming: Key employment laws and practices
Standard work hours
In Wyoming, the typical workweek consists of 40 hours spread over five days. However, the exact number of hours constituting full-time employment can vary based on the occupation and industry and is not codified in state law.
Minimum wage and overtime
Wyoming’s minimum wage is $7.25 per hour, which is equal to the federal minimum wage. While this rate applies to most private-sector employees, certain exceptions might apply based on the type of work or employee classification.
When it comes to overtime, Wyoming adheres to the federal Fair Labor Standards Act (FLSA). This means non-exempt employees are entitled to 1.5 times their regular pay rate if they work over 40 hours in a week.
Insurance and benefits
Employers in Wyoming are required by law to contribute toward unemployment insurance. These rates range from 0.14% to 10.37%, based on the salary of the employee, up to $30,900 per year. Additionally, employers must contribute 6.20% towards FICA Social Security and 1.45% for FICA Medicare.
Worker compensation insurance is also mandatory, with rates varying based on the insurance policy and company setup.
Benefit | Employer contribution |
Unemployment insurance | 0.0% – 8.5% |
Workers’ compensation insurance | All employers required to register with Workforce Service and, typically, must carry a policy |
Wyoming mini-COBRA | Requires businesses with between 2 and 19 employees to offer continuation coverage |
FICA Social Security | 6.20% |
FICA Medicare | 1.45% |
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Meal and rest periods
In Wyoming, labor laws do not specifically mandate breaks or meal periods for employees. Most employers voluntarily provide them as a standard practice to ensure productivity and well-being. Federal law under the Fair Labor Standards Act (FLSA) applies in such cases. According to the FLSA, short breaks lasting five-20 minutes are considered part of the workday and thus compensated. However, an employer is not required to compensate for bona fide meal periods lasting 30 minutes or more, provided that the employee is fully relieved of their duties during this time.
It’s crucial to abide by industry best practices and federal guidelines. Employers should remember that certain occupations may have specific requirements regarding breaks under Occupational Safety and Health Administration (OSHA) rules. For example, industries with heavy machinery or physically demanding roles may require more frequent rest breaks for safety reasons.
Anti-discrimination laws
Wyoming HR compliance requires strict adherence to anti-discrimination laws at both the state and federal levels. The Wyoming Fair Employment Practices Act (FEPA) prohibits employment discrimination based on race, color, sex, religion, national origin, disability, or age (40 and older). This law applies to employers with two or more employees.
In addition to FEPA, federal antidiscrimination laws such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA) also apply. Together, these laws protect employees from discriminatory hiring practices, unjust terminations, unequal pay, harassment at work, and other forms of discrimination.
Moreover, sexual orientation and gender identity are not explicitly covered under Wyoming state law. However, recent interpretations of federal law under Title VII suggest that these types of discrimination could be considered a form of sex discrimination and, therefore, prohibited.
Employers should note that the Wyoming Department of Workforce Services is responsible for enforcing anti-discrimination laws in the state. Any violations could result in severe penalties, including fines, mandatory training, and potential litigation.
Leave policies
Leave policies in Wyoming are governed by both state and federal laws. Employers must comply with the Family and Medical Leave Act (FMLA), which grants eligible employees up to 12 weeks of unpaid, job-protected leave for certain medical and family-related reasons per year. Specific scenarios include childbirth, adoption, caring for a sick family member, and the employee’s own health condition.
Wyoming does not have a state-specific statute governing vacation leave. However, employers commonly provide paid or unpaid vacation leave. The terms of such leave should be expressed in employment contracts or collective bargaining agreements.
Employers are not legally required to offer paid days off on public holidays. However, it is common practice to allow employees to take federal holidays as paid days off. When a public holiday falls on a weekend, companies typically provide a day off on the closest weekday.
Leave type | Description |
Vacation leave | No state statute |
Sick leave | No state statute |
Maternity/Parental leave | FMLA provides up to 12 weeks of unpaid leave |
Bereavement leave | No state statute |
Voting Leave | one hour of leave to vote without any deduction in their pay |
Jury duty | Job-protected, unpaid time off required by law |
Military leave | Up to five years of paid or unpaid leave, per USERRA |
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Termination laws
In Wyoming, most employees work at-will, meaning either party can terminate the employment relationship without notice, unless there’s an employment contract that stipulates otherwise. There is no official notice period in Wyoming, but generally, a minimum of two weeks’ notice is considered best practice.
When it comes to mass dismissals, employers must abide by the federal Worker Adjustment and Retraining Notification Act (WARN Act), which requires 60 days’ advance notice to impacted employees. Failing to comply with WARN Act provisions can lead to considerable penalties, including back pay and benefits for each affected employee for each day of violation.
Safety and health
Workplace safety in Wyoming is primarily governed by the Occupational Health and Safety Division of the Wyoming Department of Workforce Services. The state has adopted the federal Occupational Safety and Health Administration (OSHA) regulations, tailored to local industries and hazards. Employers are required to maintain a safe and healthy work environment, provide access to personal protective equipment where required, and train employees on safety procedures.
In case of a workplace injury, employers must report the incident within ten days to the Wyoming Workers’ Compensation Division. This report includes details about the injury, such as its nature, cause, and severity.
Taxes in Wyoming
Tax obligations for both employers and employees in Wyoming include federal taxes (including FICA Social Security and Medicare taxes) and state-specific contributions such as Unemployment Insurance. Notably, Wyoming does not impose a state income tax on individuals.
| Employer contribution | Rate |
| Unemployment insurance | 0.0% – 8.5% |
| FICA Social Security | 6.20% |
| FICA Medicare | 1.45% |
| Federal Unemployment Tax Act (FUTA) | 0.60% – 6.00% |
| Worker’s compensation insurance | 0.60% (Varies) |
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Navigating the employment laws and HR compliance terrain in Wyoming can be difficult.
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FAQs
Full-time employment in Wyoming generally falls between 30 and 40 hours per week. However, this can vary depending on the occupation or specific employer policies. For businesses, it’s essential to precisely define the terms of employment during the recruitment process to avoid any confusion or legal issues down the line.
The minimum wage for private sector employees in Wyoming is set at $7.25 per hour, which aligns with the federal minimum wage rate. Employers must ensure adequate pay to their workers to maintain compliance with Wyoming employment laws.
In line with the federal Fair Labor Standards Act, non-exempt employees in Wyoming are entitled to 1.5x their regular pay rate for any work exceeding 40 hours per week. However, employees earning more than the exemption threshold ($684 per week) and performing executive or managerial roles often fall under the exemptions.
Employers in Wyoming are required to make several payroll contributions, including Unemployment Insurance (0.14% – 10.37%), FICA Social Security (6.20%), FICA Medicare (1.45%), Federal Unemployment Tax Act (FUTA) (0.60% – 6.00%), and Worker compensation Insurance (0.60% – will vary based on insurance policy and company setup). Employee contributions include FICA Social Security (6.20%) and FICA Medicare (1.45%, with an additional 0.90% on salary over $200,000).
While Wyoming doesn’t state a specific number of vacation days employers must offer, it is common for employers to provide paid or unpaid vacation leave as stipulated in collective bargaining agreements. As for sick days, employers often adhere to the Family and Medical Leave Act (FMLA), which can provide up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons. Public holidays are typically optional for employers to offer as paid days off, although it’s common for workers to receive federal holidays as paid days off. Other types of leave include jury duty, voting leave, and military leave.
