Overtime Laws in Wyoming 2026: Pay Rates, Exemptions & Tax Deduction (2026)
⚠️Informational only — not legal or tax advice.
Guide for Wyoming overtime laws 2026
Last verified: March 5, 2026
Next scheduled review: June 5, 2026
Table of Contents
- Wyoming Overtime Laws at a Glance (2026)
- Does Wyoming Have Its Own Overtime Law?
- How Overtime Pay Is Calculated in Wyoming
- Who Is Exempt from Overtime in Wyoming?
- Overtime Tax Deduction: “No Tax on Overtime” (2025–2028)
- How to File an Overtime Complaint in Wyoming
- Wyoming Overtime Law Updates (2025–2026)
- Frequently Asked Questions
- Sources and Verification
Wyoming Overtime Laws at a Glance (2026)
| Details | |
|---|---|
| Overtime threshold | 40 hours per workweek |
| Overtime pay rate | 1.5× regular rate of pay |
| State minimum wage (2026) | $7.25/hour (federal rate applies) |
| Exempt salary threshold (2026) | Federal: $684/week ($35,568/yr) |
| Daily overtime | No |
| State enforcement agency | Wyoming Department of Workforce Services, Labor Standards Division |
| Federal enforcement | U.S. DOL Wage and Hour Division |
| Overtime tax deduction (federal) | Up to $12,500/yr (2025–2028) — FLSA-covered workers |
| Statute of limitations | 6 months (state wage claim) / 2 years FLSA (3 if willful) |
Governing law: Fair Labor Standards Act, 29 U.S.C. § 207
Last verified: March 8, 2026
Does Wyoming Have Its Own Overtime Law?
Wyoming does not have a general state overtime statute for private-sector employees. Overtime is governed by the federal Fair Labor Standards Act (FLSA), which requires overtime pay at 1.5 times the regular rate for all hours worked over 40 in a workweek.
Two limited state provisions apply to specific workers:
State and county employees (W.S. 27-5-101): Overtime at 1.5× may be authorized for hours over 8 per day and 40 per week, subject to rules set by the applicable governing body.
Public works projects (W.S. 27-4-102): Laborers, workmen, and mechanics on state or local public works projects must receive 1.5× for hours over 8 in a day or 40 in a week.
For all other private-sector employees, the FLSA governs exclusively.
Federal statute: 29 U.S.C. § 207 — https://www.dol.gov/agencies/whd/overtime
Wyoming DWS confirmation: https://dws.wyo.gov/dws-division/labor-standards/frequently-asked-questions/
How Overtime Is Calculated in Wyoming
Under the FLSA, nonexempt employees earn 1.5 times their regular rate for all hours over 40 in a workweek. Each workweek stands alone — hours cannot be averaged across weeks (29 C.F.R. § 778.104).
Example — minimum wage employee, 48-hour week:
- Regular pay: 40 × $7.25 = $290.00
- Overtime: 8 × $10.88 = $87.04
- Total: $377.04
The regular rate includes base pay, non-discretionary bonuses, shift differentials, and commissions. It excludes discretionary bonuses and employer benefit contributions (29 C.F.R. § 778.108).
For the current Wyoming minimum wage, see the [Wyoming Minimum Wage page].
Who Is Exempt from Overtime in Wyoming?
To qualify as exempt under the FLSA, an employee must meet all three criteria:
- Salary basis — paid a fixed predetermined salary
- Salary level — at least $684/week ($35,568/year)
- Duties test — executive, administrative, professional, computer, or outside sales role
Wyoming sets no higher state threshold. The federal $684/week standard applies.
Note: A 2024 DOL rule would have raised the threshold to $1,128/week. It was vacated by a federal court on November 15, 2024 (Texas v. U.S. Department of Labor, No. 4:24-cv-00499). The threshold remains $684/week.
Source: 29 C.F.R. Part 541
Overtime Tax Deduction: "No Tax on Overtime" (2025–2028)
The One Big Beautiful Bill Act (P.L. 119-21, signed July 4, 2025) created a federal income tax deduction for qualified overtime compensation under IRC § 225, available for tax years 2025–2028.
Who qualifies: Nonexempt employees covered by the FLSA with a valid Social Security number. Married Filing Separately filers are excluded.
What is deductible: The premium portion only — for time-and-a-half, that is one-third of total overtime pay (IRS Notice 2025-69).
| Limits: | ||
|---|---|---|
| Filing status | Maximum deduction | Phase-out begins |
| Single | $12,500 | $150,000 MAGI |
| Married filing jointly | $25,000 | $300,000 MAGI |
Wyoming advantage: Wyoming has no state income tax. The federal deduction applies with no state-level offset — employees keep the full benefit.
The deduction does not reduce Social Security or Medicare taxes. It is claimed on Schedule 1-A of Form 1040.
For 2025, employers are not required to separately report overtime on W-2s (IRS Notice 2025-62). Starting 2026, separate reporting is required (draft Box 12, Code TT).
Source: IRC § 225; IRS FAQs — https://www.irs.gov/newsroom/questions-and-answers-about-the-new-deduction-for-qualified-overtime-compensation
How to File an Overtime Complaint in Wyoming
| Option 1 — Wyoming Department of Workforce Services | |
|---|---|
| Online filing | https://dws.wyo.gov/dws-division/labor-standards/file-a-claim-for-wages/ |
| Deadline | 6 months from the date of the violation |
| Option 2 — U.S. DOL Wage and Hour Division | |
|---|---|
| Online | https://www.dol.gov/agencies/whd/contact/complaints |
| Phone | 1-866-487-9243 |
| Deadline | 2 years (3 years if willful) |
Option 3 — Private Lawsuit
Under 29 U.S.C. § 216(b): back wages + liquidated damages (equal to unpaid wages) + attorney’s fees. Wyoming courts may additionally award 18% per annum interest on past-due wages.
Employers cannot retaliate against employees who file wage complaints (29 U.S.C. § 215(a)(3)).
Wyoming Overtime Law Updates (2025–2026)
Federal Changes Affecting Wyoming
- July 4, 2025: One Big Beautiful Bill Act signed — created federal overtime tax deduction for tax years 2025–2028 (IRC § 225). Because Wyoming has no state income tax, this deduction is particularly straightforward for Wyoming workers: the federal benefit applies with no state-level offset.
- November 15, 2024: DOL salary threshold rule vacated by federal court — exempt threshold remains $684/week ($35,568/year).
Wyoming Changes
- 2026: No changes to Wyoming’s minimum wage. The state rate remains $5.15/hour under W.S. 27-4-202, but the federal minimum wage of $7.25/hour applies to all FLSA-covered employers and supersedes the state rate. The overtime rate for minimum wage workers remains $10.88/hour.
- March 1996: Wyoming repealed overtime provisions that had applied to females working in certain industries (Enrolled Act No. 4, repealing W.S. 27-6-101 through 27-6-115). Those provisions are no longer in effect.
Last reviewed: March 8, 2026
Next scheduled review: June 8, 2026
Frequently Asked Questions About Overtime in Wyoming
Does Wyoming have overtime laws?
Wyoming has no general state overtime statute for private-sector employees. The FLSA governs exclusively, requiring 1.5× pay for all hours over 40 in a workweek. Limited state provisions apply to state/county employees (W.S. 27-5-101) and public works contractors (W.S. 27-4-102).
What is the overtime rate in Wyoming in 2026?
The overtime rate is 1.5 times the employee’s regular rate of pay. For minimum wage workers, that is $10.88/hour (1.5 × $7.25).
Does Wyoming require daily overtime?
No. Overtime is calculated on a weekly basis only. The exception is public works project employees, who are entitled to overtime after 8 hours in a day under W.S. 27-4-102.
Am I exempt from overtime in Wyoming?
To be exempt, you must earn at least $684/week on a salary basis and meet the FLSA duties test for executive, administrative, or professional roles. Wyoming sets no higher threshold.
Can salaried employees get overtime in Wyoming?
Yes, if they earn less than $684/week or do not meet the FLSA duties tests. Salary alone does not create an exemption.
Is overtime taxed in Wyoming?
Wyoming has no state income tax, so overtime is not taxed at the state level. Federally, FLSA-covered workers may deduct up to $12,500/year ($25,000 joint) of the overtime premium under IRC § 225 (2025–2028).
How do I calculate the overtime tax deduction?
Divide your total overtime pay by 3. That is the deductible amount for time-and-a-half workers. Example: $6,000 total overtime ÷ 3 = $2,000 deductible. Source: IRS Notice 2025-69.
Can my employer require overtime in Wyoming?
Yes. Wyoming is an at-will state with no mandatory overtime limits for private-sector employers. Employees who refuse overtime may be disciplined or terminated, unless a contract or collective bargaining agreement provides otherwise.
Can my employer give comp time instead of overtime pay?
Not in the private sector. Private employers must pay overtime in cash at 1.5×. Public-sector employers may offer comp time at 1.5 hours per overtime hour, up to 240 hours (29 U.S.C. § 207(o)).
How do I file an overtime complaint in Wyoming?
File online with the Wyoming DWS Labor Standards Division at dws.wyo.gov within 6 months of the violation. For federal claims, contact the U.S. DOL Wage and Hour Division at 1-866-487-9243 within 2 years (3 if willful).
What is the statute of limitations for overtime claims in Wyoming?
6 months for a state wage claim with the Wyoming DWS. 2 years under the FLSA (3 years if the violation is willful). Filing federally preserves the longer deadline.
What happens if my employer doesn’t pay overtime?
Under the FLSA: back wages + equal liquidated damages + attorney’s fees. Under Wyoming law, courts may also award 18% annual interest on past-due wages.
Does working on weekends or holidays trigger overtime in Wyoming?
No. Overtime depends on total hours worked in the workweek, not which days they fall on. Wyoming has no premium pay requirement for weekend or holiday work.
Sources and Verification
- Wyoming DWS Labor Standards FAQ — https://dws.wyo.gov/dws-division/labor-standards/frequently-asked-questions/
- Wyoming DWS File a Claim for Wages — https://dws.wyo.gov/dws-division/labor-standards/file-a-claim-for-wages/
- Wyoming Statutes § 27-5-101 (State and County Employees Overtime) — https://wyoleg.gov/Statutes/Compress/title27.pdf
- Wyoming Statutes § 27-4-102 (Public Works Overtime) — https://wyoleg.gov/Statutes/Compress/title27.pdf
- Fair Labor Standards Act, 29 U.S.C. § 207 — https://www.dol.gov/agencies/whd/overtime
- 29 C.F.R. Part 541 (Exemptions) — https://www.ecfr.gov/current/title-29/part-541
- IRS — IRC § 225 Overtime Deduction FAQs — https://www.irs.gov/newsroom/questions-and-answers-about-the-new-deduction-for-qualified-overtime-compensation
- IRS Notice 2025-69; IRS Notice 2025-62