🇺🇸 Wyoming STATE LAW – 2026 UPDATE

Wyoming Remote Work Laws 2026

⚠️Informational only — not legal or tax advice.

Last Updated: December 2025
Applicable Period: 2026 tax year and current employment regulations
Key Characteristic: Employers with remote workers physically located in Wyoming

Wyoming remote work laws and employment regulations guide

Table of Contents

Click any item below to jump to the relevant section

Overview

Wyoming is generally considered business-friendly in its approach to employment regulation. According to official state sources, Wyoming maintains minimal state-level employment regulations compared to many other states, typically relying on federal standards where state law does not provide specific requirements.

General Characteristics (As of December 2025):

  • State minimum wage (2025): $7.25/hour (matches federal; no increases announced for 2026)
  • Paid sick leave: Not mandated by state law for private employers
  • State income tax: No state income tax on individual wages
  • Meal/rest breaks: Not required by state law for adult employees
  • Overtime rules: Follows federal Fair Labor Standards Act (FLSA)
  • Workers’ compensation: Generally required for employers with one or more employees; monopolistic state fund system
  • Right-to-work state: Yes – employees cannot be compelled to join unions

Note: These are general starting points only. Specific applicability depends on many factors including employer size, industry, and individual circumstances. Consult official sources and legal counsel for guidance on specific situations.

Sources:

Official State Agency Information

The Wyoming Department of Workforce Services (DWS) administers employment laws in Wyoming through several divisions.

Primary Contact Information:

Wyoming Department of Workforce Services

  • Website: https://dws.wyo.gov/
  • General Phone: (307) 235-3254
  • Address: 100 West Midwest Avenue, Casper, WY 82601
  • Languages: English (primary); translation services may be available upon request

Labor Standards Office:

Workers’ Compensation Division:

Note: These agencies can provide official interpretations of state law. For legal advice on how laws apply to your specific situation, consult a licensed attorney in Wyoming.

Major State Employment Statutes

The following statutes are commonly cited in employment matters. This is general information only and does not constitute legal interpretation.

Wyoming Fair Employment Practices Act

Statutory Citation: Wyoming Statutes §§ 27-9-101 through 27-9-106
Official Source: https://wyoleg.gov/statutes/compress/title27.pdf (Chapter 9)

General Provisions (as stated in the statute):

According to Wyoming law, the Fair Employment Practices Act generally:

  • Applies to employers with two or more employees (excluding religious organizations)
  • Prohibits discrimination based on age (40+), race, color, national origin, sex, pregnancy, disability, and creed
  • Requires complaints to be filed within six months of alleged violation
  • Provides for investigation and determination by the Department of Workforce Services

Application to Remote Work: These provisions generally apply based on where the employee performs work and the employer’s operations in Wyoming. Specific applicability depends on multiple factors. Consult Wyoming DWS or legal counsel for guidance.

Wyoming Wage Payment Statutes

Statutory Citation: Wyoming Statutes §§ 27-4-101 through 27-4-507
Official Source: https://wyoleg.gov/statutes/compress/title27.pdf (Chapter 4)

General Overview:

According to Wyoming Department of Workforce Services, these statutes generally address:

  • Frequency of wage payments (semi-monthly requirements)
  • Final paycheck requirements (by next regularly scheduled payday)
  • Permissible deductions from wages
  • Minimum wage standards ($5.15 state minimum, but federal $7.25 applies to most employers)

Note: Actual requirements depend on specific circumstances. Employers should consult official agency guidance and legal counsel.

Source: Wyoming DWS Labor Standards – https://dws.wyo.gov/dws-division/labor-standards/

Wyoming Workers’ Compensation Act

Statutory Citation: Wyoming Statutes §§ 27-14-101 through 27-15-103
Effective Date: Original enactment; amendments ongoing Official Source: https://wyoleg.gov/statutes/compress/title27.pdf (Chapters 14-15)

General Overview:

According to the Wyoming Department of Workforce Services Workers’ Compensation Division, this act generally:

  • Requires workers’ compensation coverage for most employers with one or more employees
  • Establishes Wyoming as a monopolistic state (coverage must be obtained through state fund)
  • Provides framework for benefits, claim procedures, and dispute resolution
  • Exempts certain classifications of workers

Coverage typically includes employees injured “in the course of employment.” Actual coverage and obligations depend on specific circumstances.

Source: Wyoming Workers’ Compensation – https://dws.wyo.gov/dws-division/workers-compensation/

Employee Classification Standards

Wyoming’s Classification Framework

According to available information, Wyoming generally applies a modified version of the ABC test for certain purposes, particularly unemployment insurance and workers’ compensation coverage determinations.

Statutory Authority: Wyoming Statutes § 27-3-102 (Unemployment Insurance); § 27-14-102 (Workers’ Compensation)
Official Guidance: Wyoming Department of Workforce Services

General Classification Standard

According to Wyoming law and regulations, worker classification typically examines whether an individual is:

  • Free from control and direction in performing work
  • Engaged in an independent trade, occupation, or business

Important Note: Wyoming classification tests may vary depending on the specific legal context (unemployment insurance, workers’ compensation, tax purposes, etc.). Federal tests may also apply concurrently.

Factors Commonly Considered (General Framework)

The following factors may be relevant in classification analysis. This is a simplified summary – actual legal application is complex and fact-specific.

Factor A: Control and Direction

General Description: Based on official guidance and statutory language, this factor generally examines whether the worker is free from control and direction over how work is performed.

Considerations that may be relevant (examples from various sources):

  • Whether worker sets own schedule and work methods
  • Whether hiring entity provides detailed instructions on how to perform work
  • Whether hiring entity supervises the worker’s performance
  • Whether worker has discretion in completing assigned tasks
  • Whether work must be performed at specific times or locations

Illustrative Scenario (for general understanding only):

Scenario: A software developer works remotely for a Wyoming company. The company specifies project deliverables and deadlines but does not dictate daily schedules, work methods, or require the developer to use specific tools or equipment. The developer serves multiple other clients simultaneously.

General Observations: This scenario may share some characteristics with situations that have been analyzed as independent contractor relationships in other contexts, such as:

  • Lack of daily supervision or control over methods
  • Flexibility in schedule and work location
  • Service to multiple clients

However, classification would depend on complete factual analysis including:

  • Nature and extent of any control exercised
  • Economic realities of the relationship
  • All other relevant factors under applicable tests

⚠️ Important: This is not a classification determination. This example is purely illustrative and does not constitute professional advice or a legal opinion. Actual classification requires analysis by legal counsel and/or official agency determination.

Factor C: Independent Trade or Business

General Description: This factor typically examines whether the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work being performed.

Considerations that may be relevant (examples from official guidance):

  • Whether worker maintains independent business operations
  • Whether worker advertises services to the public or multiple potential customers
  • Whether worker has made financial investment in their business
  • Whether worker holds necessary licenses or permits
  • Whether worker files business tax returns
  • Whether worker provides services to multiple clients

Illustrative Scenario (for general understanding only):

Scenario: A marketing consultant works from home in Wyoming, maintains a business license, has a business website advertising services, serves 8-10 different clients annually, maintains business insurance, and files Schedule C business tax returns. One Wyoming company contracts for monthly marketing strategy services.

General Observations: This scenario may share characteristics commonly associated with independent business operations, such as:

  • Established business presence and marketing
  • Multiple client relationships
  • Business infrastructure and formalities
  • Independent business tax treatment

However, actual classification depends on:

  • All facts and circumstances
  • Specific legal test being applied
  • Nature of the work relationship
  • Other relevant factors

⚠️ Important: This is not a classification determination. Classification of workers requires professional guidance. Consult employment counsel and tax professionals.

Remote Work Classification Considerations

For remote workers, classification analysis may involve additional complexities:

  • Physical work location versus business location
  • Nature of work relationship in virtual environment
  • Level of control and independence in remote setting
  • Integration of work into hiring entity’s business operations

These factors do not change the legal test but may affect how the test is applied. Classification of remote workers should be reviewed with legal counsel familiar with Wyoming law and your specific circumstances.

Federal Classification Standards

In addition to Wyoming state tests, federal classification standards may apply concurrently:

IRS Test (for federal tax purposes): The Internal Revenue Service applies a multi-factor test examining:

  • Behavioral control
  • Financial control
  • Relationship of the parties

U.S. Department of Labor Test (for FLSA purposes): Applies an “economic reality” test examining:

  • Extent of control
  • Opportunity for profit/loss
  • Investment in facilities/equipment
  • Skill and initiative required
  • Permanency of relationship
  • Degree of integration into business

Note: A worker may be classified differently under state versus federal tests. Compliance with all applicable standards is necessary.

Potential Consequences of Misclassification

According to Wyoming DWS and other official sources, misclassification may result in various potential consequences. This list is non-exhaustive and subject to change:

For Employers (potential consequences may include):

  • Back payment of unemployment insurance taxes and penalties
  • Workers’ compensation premium adjustments and potential penalties
  • Wage and hour claim exposure under FLSA
  • Tax liability for unpaid employment taxes
  • Interest and penalties on unpaid amounts
  • Administrative fines from state agencies
  • Potential federal tax penalties from IRS

For Workers (potential effects may include):

  • May affect eligibility for unemployment benefits
  • May affect workers’ compensation coverage
  • May affect wage and hour protections
  • May affect eligibility for employee benefits
  • May affect tax treatment and withholding

Actual consequences depend on:

  • Specific facts and circumstances
  • Severity and duration of misclassification
  • Enforcement priorities and agency discretion
  • Settlement negotiations and remedial actions
  • Other factors beyond the scope of this general information

Consult legal counsel to understand potential exposure in your specific situation.

How to Seek Guidance on Classification

Classification questions should be addressed through qualified professionals:

Wyoming Department of Workforce Services:

  • Phone: (307) 235-3254
  • Website: https://dws.wyo.gov/
  • Can provide guidance on state unemployment and workers’ compensation classification

Professional Resources:

  • Employment attorney licensed in Wyoming for legal advice
  • Tax professional (CPA or Enrolled Agent) for federal tax classification
  • IRS for federal tax determinations: www.irs.gov or 1-800-829-1040

Minimum Wage Information

Current Rate Information (As Published by Wyoming DWS)

According to the Wyoming Department of Workforce Services and Wyoming Statutes, the state minimum wage framework as of December 2025 is generally:

Jurisdiction State Statutory Rate Effective Rate Notes
Wyoming (state law) $5.15/hour $7.25/hour (federal) Federal rate applies to most employers
Federal FLSA $7.25/hour $7.25/hour Applies to covered employers

Statutory Authority: Wyoming Statute § 27-4-202
Source: Wyoming Department of Workforce Services – https://dws.wyo.gov/

Important Context:

Wyoming’s statutory minimum wage of $5.15 per hour is superseded by the federal Fair Labor Standards Act (FLSA) minimum wage of $7.25 per hour for most employers. According to available information:

  • Employers covered by the FLSA generally must pay at least $7.25/hour
  • The FLSA covers employers with annual gross revenue of $500,000 or more
  • The FLSA also covers employers engaged in interstate commerce
  • Most Wyoming employers fall under FLSA coverage

2026 Minimum Wage Status

According to available information as of December 2025:

  • No state minimum wage increase has been announced for 2026
  • Wyoming minimum wage remains $7.25/hour (federal rate)
  • No automatic inflation adjustments are in place

For current information, verify with:

Application to Remote Workers

According to general legal principles and employment law standards:

  • Minimum wage typically applies based on where work is physically performed
  • A worker performing work from a location in Wyoming would generally be subject to Wyoming/federal minimum wage
  • Employer location is generally not the sole determining factor
  • Multi-state situations may involve complex jurisdictional questions

However, specific situations may vary. Employers should consult Wyoming DWS or legal counsel for guidance on particular circumstances, especially for workers performing services across multiple states.

Local Minimum Wages

According to available information as of December 2025:

  • Wyoming does not have any municipalities with local minimum wage ordinances higher than the state/federal rate
  • No cities or counties in Wyoming have enacted separate minimum wage requirements
  • The $7.25 federal minimum wage applies statewide

Note: This may change. Employers should verify whether any local jurisdictions have enacted minimum wage ordinances and consult legal counsel for multi-jurisdictional compliance.

Variations and Exemptions

According to Wyoming and federal law, certain variations or exemptions may apply in some circumstances:

Youth Minimum Wage

Federal Provision (applicable in Wyoming):

  • Workers under age 20 may be paid $4.25/hour during their first 90 consecutive calendar days of employment
  • After 90 days or when employee turns 20 (whichever comes first), full minimum wage applies
  • Employers cannot displace other workers to hire youth at subminimum wage

Source: FLSA Section 6(g); 29 U.S.C. § 206(g)

Tipped Employees

Wyoming/Federal Framework:

  • Wyoming allows employers to take a tip credit
  • Minimum cash wage for tipped employees: $2.13/hour (federal)
  • Total compensation (cash wage + tips) must equal at least $7.25/hour
  • Employer must make up difference if tips are insufficient
  • Specific notice and recordkeeping requirements apply

Source: FLSA; U.S. Department of Labor guidance

Note: Tip credit provisions are complex and fact-specific. Employers should consult DOL guidance and legal counsel for compliance.

Other Potential Exemptions

Certain categories of workers may be exempt from minimum wage under federal law, potentially including:

  • Executive, administrative, and professional employees (meeting specific tests)
  • Outside sales employees
  • Certain seasonal/recreational employees
  • Certain agricultural workers
  • Some commissioned employees

Important: Exemptions are narrowly construed and fact-specific. Do not assume an exemption applies without verification from official sources and legal counsel. Misclassification can result in significant liability.

Comparison Information (For Reference Only)

State 2025 Rate 2026 Rate (if announced) Notes
Wyoming $7.25 $7.25 Federal rate applies
Montana $10.55 $10.55+ Indexed to inflation
Colorado $14.42 $14.81 Increases annually
South Dakota $11.50 $11.50 As of 1/1/2025
Federal $7.25 $7.25 No changes announced

This comparison is for general reference only. Each state’s laws apply based on where work is performed. Rates subject to change.

Resources for Current Information

Overtime and Break Requirements

A. Overtime Standards

Governing Framework

Wyoming does not have state-specific overtime laws for most private sector employees. Wyoming generally follows the federal Fair Labor Standards Act (FLSA) for overtime requirements.

Federal FLSA Application:

  • Overtime required for hours worked over 40 in a workweek
  • Rate: 1.5 times the employee’s regular rate of pay
  • Applies to non-exempt employees covered by FLSA

Statutory Authority: 29 U.S.C. § 207 (FLSA)
Official Source: U.S. Department of Labor – https://www.dol.gov/agencies/whd/overtime

Exception – Public Works Projects: Wyoming law provides additional requirements for certain public works employees.

Statutory Authority: Wyoming Statute § 16-6-110
General Provision: For laborers, workmen, or mechanics employed on public works projects, overtime may be required at 1.5 times the hourly rate for hours worked over 8 in a day or 40 in a week.

Note: This provision applies to specific public works contexts and may not apply to most private sector employment.

General Overtime Threshold (as stated in FLSA)

According to federal law applicable in Wyoming:

  • Trigger: Typically after 40 hours in a workweek
  • Rate generally required: 1.5x regular rate of pay
  • Daily overtime: Wyoming does not generally require overtime for work beyond a certain number of hours in a single day (except public works)

Important: A “workweek” is defined as a fixed and regularly recurring period of 168 hours (7 consecutive 24-hour periods). It need not coincide with the calendar week.

Application to Remote Workers

Overtime regulations typically apply based on the nature of the work and employment relationship, not work location. According to FLSA principles:

  • Remote workers performing non-exempt work would generally be subject to the same overtime requirements as on-site workers
  • The key factor is exempt vs. non-exempt status, not physical work location

However, specific applicability depends on exemption status, which requires detailed analysis. See Exemptions section below.

Calculating Compensable Time

According to federal and state guidance, “hours worked” for overtime calculation purposes may include:

  • Time actually performing work duties
  • Required meetings and training during work hours
  • Short breaks (typically 5-20 minutes)
  • Time waiting to perform work (in some circumstances)
  • Other activities depending on specific facts

⚠️ Complex Issue for Remote Workers:

Determining compensable time for remote workers can involve additional considerations:

  • After-hours email responses and communications
  • On-call time at home
  • Time spent in virtual meetings outside regular hours
  • Work performed during breaks
  • Preparation time before/after scheduled hours

General Principle: Time is compensable when the employee is “suffered or permitted to work” under employer’s control, even if not specifically requested.

These determinations are fact-specific. Employers should consult wage-hour counsel for guidance on tracking and paying remote workers accurately. Proper time-tracking systems and clear policies are essential.

Overtime Exemptions

Wyoming recognizes federal FLSA exemptions from overtime requirements. Common exemptions include:

Executive, Administrative, and Professional (EAP) Exemptions

To potentially qualify for these exemptions, employees generally must meet three tests:

1. Salary Basis Test:

  • Employee must be paid a predetermined salary
  • Salary cannot be reduced based on quality or quantity of work performed
  • Limited permissible deductions specified in regulations

2. Salary Level Test:

  • Minimum salary threshold: $684 per week ($35,568 annually) as of current federal regulations
  • This threshold is set by U.S. Department of Labor
  • Subject to change through federal rulemaking

3. Duties Test:

  • Employee must perform exempt-level duties as defined in regulations
  • Tests vary by exemption type (executive, administrative, professional)

Source: 29 C.F.R. Part 541

Specific Exemption Categories

Executive Exemption: According to DOL regulations, the executive exemption generally requires:

  • Primary duty is management of enterprise or department
  • Regularly directs work of two or more full-time employees
  • Authority to hire/fire or recommendations given particular weight

Administrative Exemption: According to DOL regulations, the administrative exemption generally requires:

  • Primary duty is office or non-manual work directly related to management or general business operations
  • Exercise of discretion and independent judgment on significant matters

Professional Exemption: According to DOL regulations, the professional exemption generally requires:

  • Primary duty is work requiring advanced knowledge in a field of science or learning
  • Advanced knowledge customarily acquired through prolonged specialized instruction
  • Or creative professional work requiring invention, imagination, originality, or talent

Computer Employee Exemption:

  • May be paid hourly or salary
  • Hourly rate threshold: $27.63/hour (as of current regulations)
  • OR salary threshold: $684/week
  • Plus must meet duties test for computer professional work

Outside Sales Exemption:

  • Primary duty is making sales or obtaining orders/contracts
  • Regularly engaged away from employer’s place of business
  • No salary threshold applies

⚠️ Important Notes on Exemptions:

  • Job title alone does not determine exemption status
  • Meeting the salary threshold alone is insufficient – duties test must also be satisfied
  • All three tests (salary basis, salary level, duties) must be met for EAP exemptions
  • Exemptions are narrowly interpreted under federal law
  • Classification errors can result in significant back pay liability and penalties
  • Professional guidance strongly recommended for classification decisions

Resources for Exemption Guidance:

B. Meal and Rest Break Requirements

Wyoming’s Break Standards

According to Wyoming Department of Workforce Services, Wyoming does not have state laws requiring employers to provide meal or rest breaks for adult employees.

What this generally means:

  • Employers are not required by Wyoming law to provide breaks
  • If employers choose to provide breaks, federal FLSA rules may apply
  • Other leave protections may exist under different laws (FMLA, ADA, etc.)

Source: Wyoming DWS FAQs – https://dws.wyo.gov/

Federal Break Standards (If Employer Provides Breaks Voluntarily)

If an employer chooses to provide breaks, the federal Fair Labor Standards Act provides general guidance:

Short Rest Breaks (5-20 minutes):

  • Generally considered compensable work time
  • Must be paid at regular or overtime rate as applicable
  • Employee cannot be required to clock out
  • Common examples: coffee breaks, restroom breaks, snack breaks

Bona Fide Meal Periods (30+ minutes):

  • May be unpaid if certain conditions are met:
    • Employee is completely relieved of duties
    • Employee is free to leave workstation
    • Period is long enough to permit employee to eat a meal
  • If employee performs any duties during meal period, time becomes compensable
  • Employer cannot require employee to remain “on call” during unpaid meal period

Source: FLSA; 29 C.F.R. § 785.18-19; DOL guidance

Application to Remote Workers

Break requirements (or lack thereof) generally apply to remote workers in the same manner as on-site workers:

  • Wyoming does not mandate breaks for remote workers
  • If employer provides breaks voluntarily, FLSA principles regarding compensability apply
  • Employers should have clear policies on break time for remote workers

Potential Challenges for Remote Work:

  • Verifying that breaks are actually taken
  • Ensuring workers do not work during unpaid meal periods
  • Documenting compliance with any company break policies
  • Handling interruptions or work tasks during breaks
  • Monitoring “always on” culture that may discourage breaks

Employers may wish to implement clear written policies regarding break expectations and verification systems. Consult legal counsel for policy development that balances employee wellness with compliance requirements.

Minor Employees (Under 16)

While Wyoming does not require breaks for adult employees, federal child labor laws impose restrictions on hours and working conditions for minors. Employers of minors should consult FLSA child labor provisions and Wyoming child labor regulations.

Resources and Guidance

For specific questions about overtime and breaks:

Paid Sick Leave Programs

No State-Mandated Paid Sick Leave in Wyoming

According to the Wyoming Department of Workforce Services and available information, Wyoming does not currently have a state law requiring employers to provide paid sick leave to employees.

What this generally means:

  • Private employers are generally not required by Wyoming state law to provide paid sick leave
  • No municipalities in Wyoming have enacted local paid sick leave requirements (as of December 2025)
  • Federal laws may provide certain unpaid leave protections (see below)
  • Employers may choose to provide paid sick leave voluntarily

Source: Wyoming Department of Workforce Services – https://dws.wyo.gov/

Employer Policies on Paid Sick Leave

Since Wyoming law does not mandate paid sick leave:

  • Employers have discretion to offer paid sick leave as a voluntary benefit
  • Terms of any sick leave are governed by employer policy or employment contract
  • If employer provides paid sick leave, it must comply with its own established policies
  • Employers should have clear written policies regarding:
    • Accrual methods (if applicable)
    • Usage requirements and approval processes
    • Notice requirements
    • Documentation requirements
    • Carryover provisions
    • Payout upon termination (if any)

Voluntary Paid Sick Leave – Common Practices

According to industry information, many Wyoming employers voluntarily offer sick leave. Common approaches include:

Accrual-Based Systems:

  • Employees accrue sick leave based on hours worked
  • Typical rates: 1 hour per 30-40 hours worked (employer’s discretion)
  • May have annual caps on accrual

PTO Banks:

  • Some employers combine vacation, sick leave, and personal days into single PTO policy
  • Provides flexibility for employees to use time as needed
  • Simplifies administration

Carryover Policies:

  • Some employers allow unused sick leave to roll over to next year
  • Others have “use it or lose it” provisions
  • Not required by Wyoming law

Note: These are descriptions of common voluntary practices, not legal requirements.

Federal Leave Protections

While Wyoming does not require paid sick leave, certain federal laws may provide unpaid leave protections:

Family and Medical Leave Act (FMLA)

Coverage:

  • Applies to employers with 50 or more employees
  • Employees must meet eligibility requirements (1,250 hours worked in past 12 months, etc.)

Provisions:

  • Up to 12 weeks of unpaid, job-protected leave per 12-month period
  • Qualifying reasons include:
    • Employee’s own serious health condition
    • Care for family member with serious health condition
    • Birth/adoption of child
    • Qualifying military exigencies

Source: 29 U.S.C. § 2601 et seq.; https://www.dol.gov/agencies/whd/fmla

Americans with Disabilities Act (ADA)

Reasonable Accommodations:

  • May require unpaid leave as reasonable accommodation for disability
  • Interactive process required to determine accommodation
  • Undue hardship defense available to employers

Source: 42 U.S.C. § 12101 et seq.; https://www.eeoc.gov/laws/guidance

Payout of Accrued Sick Leave Upon Termination

According to Wyoming law:

  • Wyoming does not require payout of unused sick leave upon termination
  • Payout requirements (if any) are governed by employer policy or employment contract
  • If employer policy states sick leave will be forfeited and employee has acknowledged this in writing, no payout is required
  • If policy is silent or employee has not acknowledged forfeiture policy, employer may need to pay out

Statutory Authority: Wyoming Statute § 27-4-501(a)(iii)

Note: This is general information. Specific situations should be reviewed with legal counsel. Written policies and employee acknowledgments are essential.

Paid Sick Leave for Public Sector Employees

State of Wyoming Employees: According to the Wyoming Department of Administration & Information, state employees generally:

  • Earn 8 hours of sick leave per month (12 days per year)
  • Can accumulate sick leave indefinitely (no carryover maximum)
  • Receive sick leave in addition to annual leave

Source: Wyoming A&I Benefits Information – https://ai.wyo.gov/for-job-seekers/benefit-information

Note: This applies only to state government employees, not private sector workers.

Interaction with Other Leave Types

Even without mandated paid sick leave, employers may have obligations under:

  • FMLA: Unpaid leave for serious health conditions
  • ADA: Reasonable accommodations including leave
  • Workers’ Compensation: Benefits for work-related injuries/illnesses
  • State disability programs: Not applicable (Wyoming does not have state disability insurance)
  • Unemployment Insurance: May be affected by reason for separation

These interactions can be complex. Consult legal counsel for comprehensive leave policy coordination.

Best Practices for Employers (Recommendations Only)

The following are general recommendations, not legal requirements:

Consider offering paid sick leave voluntarily:

  • Helps attract and retain talent
  • Reduces presenteeism (sick workers coming to work)
  • May improve productivity and morale

If offering sick leave:

  • Create clear written policy
  • Specify accrual rates, caps, and carryover
  • Define permitted uses
  • Establish notice and documentation requirements
  • Address payout upon termination
  • Ensure policy complies with any applicable federal laws
  • Train managers on policy administration

Document policies clearly:

  • Include in employee handbook
  • Obtain written acknowledgment from employees
  • Apply consistently to avoid discrimination claims

Consult HR professionals and legal counsel for policy development tailored to your business needs.

Resources for Leave-Related Questions

Workers' Compensation Overview

Legal Framework

Statutory Authority: Wyoming Statutes §§ 27-14-101 through 27-15-103
Administering Agency: Wyoming Department of Workforce Services – Workers’ Compensation Division

Contact Information:

General Coverage Requirements (As Stated in Law)

According to Wyoming statutes and regulations, workers’ compensation coverage is generally:

Coverage Threshold:

  • Required for employers with one or more employees
  • Applies to most employment situations in Wyoming
  • Certain exemptions exist (see below)

Wyoming’s Unique System:

  • Wyoming operates a monopolistic state fund system
  • Employers must obtain coverage through the Wyoming Workers’ Compensation Division
  • Private insurance carriers cannot provide workers’ compensation coverage in Wyoming
  • Self-insurance is not permitted
  • This is one of only four monopolistic state fund systems in the United States

Source: Wyoming Statute § 27-14-103; Wyoming Workers’ Compensation Division

⚠️ Note: Coverage determinations can be complex and fact-specific. Employers uncertain about their obligations should consult Wyoming Workers’ Compensation Division at (307) 777-7441 or legal counsel.

What Wyoming’s Monopolistic System Means

According to Wyoming Workers’ Compensation Division:

For Employers:

  • Must purchase coverage directly from state fund
  • Cannot obtain coverage from private insurance companies
  • Rates set by Wyoming Workers’ Compensation Division
  • Experience rating affects premium costs

Coverage Components:

  • Workers’ compensation medical and indemnity benefits included
  • Employer’s liability insurance is NOT included in state fund policy
  • Employers who want employer’s liability coverage must purchase “stop-gap” coverage separately from private insurers

Stop-Gap Coverage:

  • Protects employers from employee lawsuits related to workplace injuries
  • Not provided by Wyoming state fund
  • Must be purchased separately as endorsement to general liability policy
  • Recommended for risk management

Source: Wyoming Workers’ Compensation Division; https://dws.wyo.gov/dws-division/workers-compensation/

Employer Registration Requirements

According to Wyoming Workers’ Compensation regulations:

All employers doing business in Wyoming must:

  • Register with Workers’ Compensation Division
  • Provide business information and payroll data
  • Receive classification code (NAICS-based)
  • Determination made whether coverage is required or optional

Registration Process:

  • New businesses: Register with Wyoming State and then with Workers’ Compensation
  • Contact Workers’ Compensation Division for registration
  • Provide employee counts and payroll information
  • Receive rate determination and premium calculation

Source: Wyoming Statute § 27-14-207

Coverage Exemptions

According to Wyoming law, certain categories may be exempt from mandatory coverage or have optional coverage:

Potential Exemptions (from statute):

  • Sole proprietors (optional coverage available)
  • Partners in partnerships (optional coverage available)
  • LLC members (optional coverage available)
  • Corporate officers (may elect to exclude themselves)
  • Certain agricultural workers (depending on circumstances)
  • Domestic workers in private homes (depending on circumstances)
  • Casual employees (limited, specific circumstances)
  • Independent contractors (if properly classified – see Classification section)
  • Real estate agents and brokers (under certain conditions)

Important Notes:

  • Exemptions are narrowly interpreted
  • “Optional” coverage means employer may choose to obtain coverage
  • Specific requirements and conditions apply to each exemption category
  • Misclassification of workers to avoid coverage can result in significant penalties

Verification: Consult Wyoming Workers’ Compensation Division or legal counsel to determine if an exemption applies to specific circumstances.

Remote Worker Coverage Considerations

⚠️ COMPLEX AND FACT-SPECIFIC: Coverage of home office injuries involves detailed factual analysis. The following is general background only.

General Legal Standard

Workers’ compensation in Wyoming typically covers injuries that “arise out of and in the course of employment.” Application of this standard to remote workers is fact-dependent.

Statutory Language: According to Wyoming Statute § 27-14-102, an “injury” covered by workers’ compensation generally must:

  • Arise out of employment
  • Occur in the course of employment
  • Result from accident or occupational disease

For Remote Workers: Determining whether a home office injury meets these criteria requires analysis of multiple factors. Coverage is not automatic simply because employee was working from home.

Factors That May Be Considered

According to case law and agency guidance from various jurisdictions, factors that may be relevant to home office injury claims include:

Nature of Activity:

  • Was employee engaged in work-related activity at time of injury?
  • Was activity within scope of employment duties?
  • Was activity for benefit of employer?
  • Was activity authorized or required by employer?

Location and Timing:

  • Did injury occur in designated work area?
  • Did injury occur during work hours?
  • Was employee “on the clock” or taking break?
  • Was work location known to and approved by employer?

Work Environment:

  • Was home office set up at employer’s direction?
  • Did employer provide equipment involved in injury?
  • Had employer inspected or approved workspace?
  • Were there specific safety protocols in place?

Causation:

  • Was injury caused by work conditions or activities?
  • Would injury have occurred regardless of work?
  • Was injury result of personal comfort activity?
  • Were personal or household risks involved?

⚠️ Important: This list is not exhaustive and no single factor is determinative. Every claim requires individual analysis based on complete circumstances.

Illustrative Scenarios (For General Understanding Only)

The following scenarios are provided for general educational purposes only. They do not constitute coverage determinations or legal advice. Actual coverage depends on complete factual circumstances and official determination by Wyoming Workers’ Compensation Division.

Scenario Category: Work-Related Activities in Home Office

Example Situation: Employee trips over computer equipment cables in designated home office while walking to filing cabinet to retrieve work documents during scheduled work hours. Home office location was disclosed to employer, and employer provided the computer equipment.

General Observations: This type of scenario may share some characteristics with situations that have been found compensable in other contexts, such as:

  • Activity was work-related (retrieving work documents)
  • Occurred in designated work area known to employer
  • During work hours and while performing job duties
  • Equipment provided by employer was involved

However, compensability would depend on complete factual analysis including:

  • Whether home office was formally approved by employer
  • Whether employer knew of specific workspace setup
  • Nature and extent of employer control over home workspace
  • Whether activity was required by job duties
  • All other specific circumstances

This is not a coverage determination. Actual determination would be made by Wyoming Workers’ Compensation Division based on all facts presented in a claim.

Example Situation: Employee develops carpal tunnel syndrome attributed to extended computer use while performing assigned remote work duties over a period of several months.

General Observations: Repetitive stress injuries from work activities may potentially be considered occupational diseases in some circumstances. Factors that may be relevant include:

  • Medical documentation establishing work-relatedness
  • Whether condition arose from employment activities
  • Nature and extent of work duties requiring repetitive motions
  • Comparison to non-work activities
  • Expert medical opinions on causation

Determination depends on:

  • Complete medical evidence
  • Detailed work history and job duties
  • Expert medical testimony
  • Employer’s knowledge of condition
  • All other relevant facts

This is not a coverage determination. Consult medical professionals for injury evaluation and Wyoming Workers’ Compensation Division for coverage questions.

Scenario Category: Personal Activities at Home

Example Situation: Employee injured while preparing personal lunch in kitchen during lunch break, away from designated home office workspace.

General Observations: Personal comfort activities unrelated to work duties may be less likely to be considered work-related based on general workers’ compensation principles. Factors that may be relevant:

  • Whether employee was completely relieved of all duties during lunch
  • Whether kitchen is part of designated work area
  • Whether injury occurred during actual break time
  • Whether activity served employer’s interests
  • Other specific circumstances

This is not a coverage determination. Every situation is unique and must be evaluated based on complete facts.

Example Situation: Employee slips and falls on stairs in personal residence while going to get coffee between work tasks, outside of designated home office area.

General Observations: Injuries during personal comfort activities that are not within the scope of employment duties may present different considerations than injuries directly related to work tasks. Analysis would include:

  • Whether coffee break was employer-authorized or required
  • Whether location was within reasonable work area
  • Whether activity was incidental to employment
  • Employer’s policies on breaks and work area
  • Other relevant circumstances

This is not a coverage determination.

Every workers’ compensation claim is unique and depends on its specific facts. Coverage determinations are made by Wyoming Workers’ Compensation Division based on complete information, medical evidence, and applicable law.

If you have a potential claim: Contact Wyoming Workers’ Compensation Division immediately at (307) 777-7441 and consult with a workers’ compensation attorney. Do not make assumptions about coverage based on these examples.

Benefits Generally Available (From Statute)

According to Wyoming workers’ compensation statutes, benefits that may be available for compensable injuries include:

Medical Benefits:

  • Reasonable and necessary medical treatment
  • Hospital care and services
  • Prescription medications
  • Physical therapy and rehabilitation
  • Medical equipment and supplies
  • Travel expenses for medical treatment (under certain conditions)

Wage Replacement Benefits:

Temporary Total Disability (TTD):

  • Two-thirds of average weekly wage
  • Subject to maximum and minimum rates set annually
  • Payable while unable to work during healing period

Permanent Partial Disability (PPD):

  • Based on percentage of permanent impairment
  • Scheduled benefits for specific body parts
  • Unscheduled benefits for other impairments

Permanent Total Disability (PTD):

  • For injuries resulting in permanent inability to work
  • Two-thirds of average weekly wage
  • Subject to maximum rates

Temporary Partial Disability (TPD):

  • For workers who can return to light duty at reduced wages
  • Two-thirds of difference between pre-injury and current wages

Vocational Rehabilitation:

  • May be available when employee cannot return to previous work
  • Assists with retraining and job placement
  • Subject to eligibility requirements

Death Benefits:

  • Benefits for surviving spouse and dependents
  • Burial expenses up to $5,000
  • Other death-related expenses up to $5,000

Source: Wyoming Statutes §§ 27-14-401 through 27-14-408

Note: Specific benefit amounts, eligibility, and duration depend on injury circumstances, wages, and statutory formulas. Consult Wyoming Workers’ Compensation Division or claims administrator for specific benefit calculations.

Reporting and Claim Process (General Framework)

According to Wyoming regulations, the general process typically involves:

For Employees:

  1. Report Injury to Employer: • As soon as practical after injury • Recommended: Within 72 hours • Delays in reporting may affect claim
  2. Seek Medical Attention: • Obtain medical treatment for injury • Employer may have designated medical providers • Keep records of all medical treatment
  3. File Claim: • File First Report of Injury with Workers’ Compensation Division • May be filed by employee or employer • Specific forms required

For Employers:

  1. Report to Workers’ Compensation Division: • Within 10 days of notice of injury • File Report of Injury form • Failure to report timely may result in penalties
  2. Provide Required Forms: • First Report of Injury form • Medical authorization forms • Other documentation as required
  3. Cooperate with Investigation: • Provide wage information • Respond to inquiries from Division • Maintain communication with injured worker

Source: Wyoming Workers’ Compensation Rules and Regulations; https://dws.wyo.gov/dws-division/workers-compensation/

⚠️ Note: Deadlines are strictly enforced. Late reporting may affect claims or result in penalties. When in doubt, report promptly and seek guidance from Wyoming Workers’ Compensation Division.

Best Practices for Remote Work (Recommendations Only)

The following are general recommendations compiled from various sources. They do not constitute legal requirements and may not be suitable for all situations. Consult legal counsel and safety professionals.

For Employers:

  • Consider providing ergonomic equipment or stipends
  • Consider documenting remote work locations and approved workspace
  • Consider developing injury reporting procedures specific to remote work
  • Consider safety training for remote workers on home office setup
  • Consider clear policies on work hours and duties to define scope of employment
  • Consider regular communication about workplace safety
  • Maintain workers’ compensation coverage as required by law

For Employees:

  • Consider setting up dedicated, safe work area
  • Consider documenting work location and workspace setup
  • Report injuries promptly according to employer procedures
  • Maintain clear boundaries between work hours and personal time
  • Follow employer safety guidelines and policies
  • Seek immediate medical attention for work-related injuries

Note: These are suggestions only, not legal requirements. Actual practices should be tailored to specific business needs and developed with legal counsel.

Penalties for Non-Compliance

According to Wyoming law, penalties for failure to maintain required workers’ compensation coverage may include:

  • Civil penalties assessed on a daily basis
  • Stop-work orders halting business operations
  • Criminal penalties in some circumstances (misdemeanor or felony depending on severity)
  • Liability for all medical and indemnity benefits
  • Inability to assert statutory defenses to employee claims
  • Fines and interest on unpaid premiums
  • Legal costs and attorney fees

Source: Wyoming Statute § 27-14-203

Important: Penalties can be severe. Employers should ensure timely registration and payment of premiums to avoid compliance issues.

Resources and Contacts

Wyoming Workers’ Compensation Division:

For Legal Advice:

  • Workers’ compensation attorney licensed in Wyoming
  • Wyoming State Bar Association Referral: (307) 632-9061

For Medical Evaluation:

  • Healthcare provider
  • Occupational medicine specialist

Other Leave Entitlements

A. Family and Medical Leave (FMLA)

Wyoming does not have a state family and medical leave law. Leave protections are primarily governed by the federal Family and Medical Leave Act (FMLA).

Federal FMLA Overview

Coverage:

  • Applies to employers with 50 or more employees
  • Employees must meet eligibility requirements

Employee Eligibility Requirements:

  • Worked for employer for at least 12 months
  • Worked at least 1,250 hours during 12 months before leave
  • Work at location where employer has 50+ employees within 75 miles

Leave Entitlement:

  • Up to 12 weeks of unpaid, job-protected leave per 12-month period
  • Health benefits maintained during leave
  • Restoration to same or equivalent position upon return

Qualifying Reasons:

  • Birth and care of newborn child
  • Placement of child for adoption or foster care
  • Care for spouse, child, or parent with serious health condition
  • Employee’s own serious health condition
  • Qualifying exigency related to family member’s military service

Military Caregiver Leave:

  • Up to 26 weeks in single 12-month period
  • To care for covered servicemember with serious injury or illness

Source: 29 U.S.C. § 2601 et seq.; https://www.dol.gov/agencies/whd/fmla

Application to Remote Workers: FMLA protections generally apply to eligible remote workers in the same manner as on-site employees, provided eligibility requirements are met.

B. Military Leave

Wyoming provides specific protections for employees serving in the military, in addition to federal protections under USERRA.

Federal USERRA Protections

Uniformed Services Employment and Reemployment Rights Act:

  • Protects job rights for military service members
  • Up to 5 years of cumulative military leave
  • Reemployment rights upon return from service
  • Protection from discrimination based on military service
  • Continuation of health benefits for up to 24 months

Source: 38 U.S.C. § 4301 et seq.

Wyoming Military Leave Provisions

According to Wyoming law, employees called to military service are entitled to:

Leave for Service:

  • Unpaid leave for active duty, training, and examinations
  • Up to 5 years of leave for military service (consistent with federal USERRA)
  • Applies to National Guard, Armed Forces Reserve, and active duty

Reemployment Rights:

  • Right to return to same or equivalent position
  • Must apply for reemployment within specified timeframes after service
  • Seniority, pay, and benefits as if continuously employed

Notice Requirements:

  • Employee must provide advance notice to employer when possible
  • Written notice preferred but not always required

Source: Wyoming Statutes (military leave provisions)

Application to Remote Workers: Military leave protections apply to remote workers in the same manner as on-site employees.

C. Jury Duty Leave

Wyoming law requires employers to provide leave for jury service.

Leave Requirements:

  • Employees cannot be penalized for jury service
  • Must be allowed time off to serve
  • Cannot be terminated or disciplined for jury duty

Compensation:

  • Wyoming law does not require employers to pay wages during jury duty
  • Many employers voluntarily provide paid jury duty leave
  • Jurors receive nominal fees from courts (generally not wage replacement)

Employee Obligations:

  • Must provide notice to employer (show jury summons if requested)
  • Must return to work when excused from service

Source: Wyoming Statute § 1-11-401

Application to Remote Workers: Jury duty protections apply to remote workers in the same manner as on-site employees.

D. Voting Leave

Wyoming requires employers to provide paid time off for voting in certain circumstances.

Requirements:

  • Employers must provide 1 hour of paid leave to vote
  • Applies to primary, general, or special elections for U.S. Congress
  • Required only if employee does not have 3 consecutive off-duty hours while polls are open

Employer Rights:

  • May specify when employee takes voting leave
  • May require advance notice
  • Can designate beginning or end of shift for voting time

Source: Wyoming Statute § 22-2-111

Application to Remote Workers: Voting leave requirements apply to remote workers in the same manner as on-site employees.

E. Witness/Victim Leave

Crime Victims and Witnesses: According to Wyoming law, employees who are victims of crime or subpoenaed as witnesses may be entitled to leave for court proceedings.

General Framework:

  • Leave for responding to subpoena in criminal proceedings
  • Protection from retaliation for testifying
  • No specific paid leave requirement

Source: Wyoming criminal procedure statutes

F. Bereavement Leave

No State Requirement:

  • Wyoming does not require employers to provide bereavement leave
  • Leave policies are at employer discretion
  • Many employers voluntarily provide 3-5 days for death of immediate family member

If Provided:

  • Terms governed by employer policy or employment contract
  • Should be clearly documented in employee handbook

G. Vacation Leave

No State Requirement:

  • Wyoming does not require employers to provide vacation leave (paid or unpaid)
  • Vacation benefits are voluntary and governed by employer policy

If Provided:

  • Employer must follow its own established policy
  • Accrual systems permitted (hourly, daily, weekly, etc.)
  • “Use it or lose it” policies permitted with proper notice

Upon Termination:

  • If policy requires forfeiture and employee acknowledged in writing: no payout required
  • If policy silent or employee didn’t acknowledge: accrued vacation typically must be paid out as earned wages

Source: Wyoming Statute § 27-4-507; Wyoming Attorney General Opinion No. 63-53

H. Holiday Leave

No State Requirement:

  • Wyoming does not require private employers to provide paid holiday leave
  • Employers can require work on holidays
  • No premium pay required for holiday work (unless overtime rules apply)

State Employees: Wyoming recognizes 9 state holidays for public employees:

  • New Year’s Day
  • Martin Luther King Jr. Day
  • Presidents’ Day
  • Memorial Day
  • Independence Day
  • Labor Day
  • Veterans Day
  • Thanksgiving Day
  • Christmas Day

Note: These apply only to public sector employees, not private employers.

Resources for Leave-Related Questions

Anti-Discrimination Laws

Wyoming Fair Employment Practices Act

Wyoming prohibits employment discrimination through the Wyoming Fair Employment Practices Act of 1965, as amended.

Statutory Authority: Wyoming Statutes §§ 27-9-101 through 27-9-106
Administering Agency: Wyoming Department of Workforce Services – Labor Standards Office
Official Source: https://wyoleg.gov/statutes/compress/title27.pdf (Chapter 9)

Protected Categories

According to Wyoming law, discrimination is generally prohibited based on:

  • Age (40 years and older)
  • Race
  • Color
  • National origin
  • Sex (including pregnancy)
  • Creed (religion)
  • Disability

Important Notes:

  • Sexual orientation and gender identity are not explicitly covered under Wyoming state law as of December 2025
  • However, federal Title VII interpretations may provide protections (see Federal Laws section below)
  • Some local jurisdictions may have additional protections (e.g., City of Casper ordinance on gender identity)

Source: Wyoming Statute § 27-9-105

Employer Coverage

Who Must Comply:

  • Employers with 2 or more employees
  • Includes state and local government employers
  • Does not include religious organizations

Note: Federal laws may have different thresholds (typically 15+ employees for Title VII)

Source: Wyoming Statute § 27-9-102

Prohibited Practices

According to Wyoming law, it is generally an unfair employment practice for covered employers to:

Hiring and Termination:

  • Refuse to hire based on protected characteristic
  • Discharge or terminate based on protected characteristic
  • Refuse to promote based on protected characteristic
  • Demote based on protected characteristic

Terms and Conditions:

  • Discriminate in compensation based on protected characteristic
  • Discriminate in terms, conditions, or privileges of employment
  • Reduce wages to comply with anti-discrimination law

Advertisements:

  • Publish employment advertisements that discriminate based on protected characteristics

Other Provisions:

  • Require use or non-use of tobacco products (with exceptions for insurance differentials)

Harassment:

  • Employers must take prompt action to stop harassment once aware of it
  • Harassment based on protected characteristics is prohibited

Source: Wyoming Statute § 27-9-105; Executive Order 2000-4

Exceptions and Defenses

Wyoming law recognizes certain exceptions:

Bona Fide Occupational Qualifications (BFOQ):

  • Discrimination may be permitted where characteristic is a bona fide occupational qualification
  • Narrowly interpreted exception
  • Must be reasonably necessary to normal operation of business

Bona Fide Seniority Systems:

  • Employers may observe terms of bona fide seniority system
  • Must not be result of intent to discriminate

Employee Benefit Plans:

  • May observe terms of bona fide employee benefit plan
  • Must not be subterfuge for discrimination

Source: Wyoming Statute § 27-9-105(b)

Filing Discrimination Complaints

Time Limit:

  • Complaints must be filed within 6 months of alleged discriminatory act
  • This is shorter than federal deadlines (typically 180-300 days)

Filing Process:

  1. File verified written complaint with Wyoming Department of Workforce Services
  2. Include name and address of employer
  3. Describe particulars of discrimination claim
  4. May file personally or through attorney

Investigation:

  • Wyoming DWS investigates complaint
  • Issues determination on validity of charges
  • May conduct fair hearing if requested

Remedies May Include:

  • Cease and desist orders
  • Hiring, reinstatement, or promotion
  • Back pay or front pay
  • Posting of notices
  • Other relief deemed necessary

Source: Wyoming Statute § 27-9-106

Contact for Filing:

Federal Anti-Discrimination Laws

In addition to Wyoming law, federal laws provide employment discrimination protections:

Title VII of the Civil Rights Act of 1964

Coverage:

  • Employers with 15 or more employees
  • Prohibits discrimination based on race, color, religion, sex, national origin
  • Sex discrimination includes pregnancy discrimination
  • Recent Supreme Court decisions interpret “sex” to include sexual orientation and gender identity

Source: 42 U.S.C. § 2000e et seq.

Age Discrimination in Employment Act (ADEA)

Coverage:

  • Employers with 20 or more employees
  • Protects workers age 40 and older
  • Prohibits age-based discrimination in all employment decisions

Source: 29 U.S.C. § 621 et seq.

Americans with Disabilities Act (ADA)

Coverage:

  • Employers with 15 or more employees
  • Prohibits discrimination based on disability
  • Requires reasonable accommodations for qualified individuals with disabilities
  • Accommodation not required if it creates undue hardship

Key Provisions for Remote Work:

  • Remote work may be considered as reasonable accommodation
  • Interactive process required to determine accommodations
  • Individualized assessment necessary

Source: 42 U.S.C. § 12101 et seq.

Pregnancy Discrimination Act (PDA)

Coverage:

  • Amendment to Title VII
  • Prohibits discrimination based on pregnancy, childbirth, or related medical conditions
  • Requires treating pregnancy like other temporary disabilities

Source: 42 U.S.C. § 2000e(k)

Genetic Information Nondiscrimination Act (GINA)

Coverage:

  • Employers with 15 or more employees
  • Prohibits discrimination based on genetic information
  • Restricts requesting, requiring, or purchasing genetic information

Source: 42 U.S.C. § 2000ff et seq.

Equal Pay Requirements

Federal Equal Pay Act:

  • Requires equal pay for equal work regardless of sex
  • Covers substantially equal jobs requiring equal skill, effort, and responsibility
  • Performed under similar working conditions

Wyoming Law:

  • Aligns with federal Equal Pay Act standards
  • Prohibits wage discrimination based on sex for substantially equal work

Source: 29 U.S.C. § 206(d); Wyoming Fair Employment Practices Act

Application to Remote Workers

Anti-discrimination protections generally apply to remote workers in the same manner as on-site employees:

  • Protected from discrimination in hiring, firing, compensation, and terms of employment
  • Entitled to reasonable accommodations for disabilities (which may include remote work)
  • Protected from harassment (including virtual harassment)
  • Can file complaints for discrimination occurring in remote work context

Specific Remote Work Considerations:

  • Virtual harassment or discrimination is prohibited
  • Accommodation requests may include remote work arrangements
  • Pay equity applies regardless of work location
  • Access to opportunities and advancement must be equitable

Harassment and Hostile Work Environment

According to federal and state guidance:

Prohibited Harassment:

  • Unwelcome conduct based on protected characteristic
  • Sufficiently severe or pervasive to create hostile work environment
  • Includes sexual harassment, racial harassment, etc.

Employer Obligations:

  • Take prompt action to stop harassment once aware
  • Investigate complaints thoroughly
  • Take appropriate corrective action
  • Cannot retaliate against complainants

Remote Work Context:

  • Virtual harassment (emails, video calls, chat messages) is prohibited
  • Same standards apply to remote and on-site conduct
  • Employers should have clear policies for remote work harassment

Retaliation Protections

It is generally unlawful to retaliate against employees who:

  • File discrimination complaints
  • Participate in investigations
  • Oppose discriminatory practices
  • Exercise rights under discrimination laws

Forms of Retaliation May Include:

  • Termination or demotion
  • Unfavorable job assignments
  • Exclusion from opportunities
  • Other adverse employment actions

Source: Wyoming Statute § 27-9-105; Federal anti-discrimination laws

Resources for Discrimination Issues

Wyoming:

Federal:

Legal Assistance:

  • Employment discrimination attorney
  • Wyoming State Bar Association Referral: (307) 632-9061

Note: Employees may file with both state and federal agencies. Different deadlines and procedures may apply.

Remote Work Considerations

Legal Framework for Remote Work

Wyoming Law: Wyoming does not have specific statutes governing remote work arrangements. Remote workers are generally subject to the same employment laws as on-site workers, with application depending on various factors.

Key Principle: Employment laws typically apply based on where work is physically performed, though multiple factors may be relevant for jurisdictional questions.

Which State’s Laws Apply?

For remote workers, determining applicable law can be complex:

General Factors That May Be Relevant:

  • Where employee physically performs work
  • Where employer is headquartered or incorporated
  • Where employee was hired
  • Where majority of work is performed
  • Existence of employment contract specifying governing law
  • Nature of employer’s business operations in each state

Common Scenarios:

Scenario 1: Employee works remotely from Wyoming for Wyoming employer

  • Wyoming employment laws generally apply
  • Straightforward application

Scenario 2: Employee works remotely from Wyoming for out-of-state employer

  • Wyoming laws may apply based on work location
  • Employer may have obligations to comply with Wyoming law
  • Out-of-state employer may need to register to do business in Wyoming
  • Multi-state compliance may be required

Scenario 3: Wyoming employer has remote workers in other states

  • Other states’ laws may apply to those workers
  • Employer may need to comply with multiple states’ laws
  • Registration and tax obligations may arise in other states

⚠️ Important: These are general principles only. Actual legal determinations depend on specific facts and may require analysis under conflict of laws principles. Consult legal counsel for multi-jurisdictional employment situations.

Key Compliance Areas for Remote Work

A. Wage and Hour Compliance

Time Tracking:

  • Employers must accurately track hours worked by non-exempt remote employees
  • Time tracking systems should account for all compensable time
  • “Off the clock” work must be prevented and compensated if it occurs

Overtime:

  • Same overtime rules apply to remote workers
  • Unauthorized overtime must still be paid
  • Clear policies needed on when remote work is permitted

Meal and Rest Breaks:

  • Wyoming does not require breaks, but if provided, FLSA rules apply
  • Remote workers should understand break policies
  • Ensure remote workers take breaks without working

B. Workers’ Compensation

Coverage:

  • Wyoming requires coverage for remote workers (if coverage required for any employees)
  • Home office injuries may be covered if they “arise out of and in the course of employment”
  • See Workers’ Compensation section for detailed analysis

Best Practices:

  • Document remote work locations
  • Provide ergonomic guidance
  • Establish injury reporting procedures
  • Consider home office safety requirements

C. Tax and Withholding Obligations

For Wyoming-Based Remote Workers:

  • No Wyoming state income tax to withhold
  • Federal income tax withholding still required
  • FICA (Social Security and Medicare) taxes apply
  • Federal unemployment tax (FUTA) applies
  • Wyoming unemployment insurance may apply

For Out-of-State Remote Workers:

  • May create tax nexus in worker’s state
  • May require withholding for worker’s state income tax
  • May trigger employer registration requirements
  • Unemployment insurance obligations may arise

Source: Consult tax professional for multi-state tax compliance

D. Worker Classification

Independent Contractors vs. Employees:

  • Remote work arrangement does not determine classification
  • Same classification tests apply (see Employee Classification section)
  • Physical location is not determinative
  • Economic realities and control factors still apply

Common Mistake: Assuming remote workers are automatically independent contractors. Location does not determine classification status.

E. Equipment and Expense Reimbursement

Wyoming Law:

  • Wyoming does not have specific laws requiring employers to reimburse remote work expenses
  • Federal law does not require reimbursement for most remote work expenses
  • Company policy or employment contract may create obligations

Common Expenses:

  • Internet and phone service
  • Computer equipment
  • Office furniture and supplies
  • Home office setup

Best Practice Considerations:

  • Clear written policy on what is/isn’t reimbursed
  • Consider competitive practices for talent retention
  • Document reimbursement procedures
  • Consider tax implications of reimbursements

F. Health and Safety

Wyoming OSHA: Wyoming has an OSHA-approved state plan that generally covers private sector employers.

Home Office Safety:

  • Unclear whether OSHA applies to home offices
  • OSHA has stated it will not conduct inspections of home offices
  • However, employers should consider providing ergonomic guidance
  • Workers’ compensation implications for unsafe conditions

Recommendations (Not Requirements):

  • Provide ergonomic guidance and equipment
  • Offer home office safety training
  • Encourage proper workspace setup
  • Consider ergonomic assessments or stipends

G. Data Security and Confidentiality

Employer Obligations:

  • Protect confidential business information
  • Comply with data privacy laws (if applicable)
  • Implement cybersecurity measures

Remote Work Considerations:

  • Secure Wi-Fi and network access
  • Company device policies
  • VPN requirements
  • Data encryption
  • Confidentiality agreements
  • BYOD (Bring Your Own Device) policies

Best Practices:

  • Written remote work security policies
  • Training on data protection
  • IT support for remote workers
  • Regular security updates and patches

H. Discrimination and Harassment

Equal Treatment:

  • Remote workers entitled to same protections as on-site workers
  • Cannot discriminate in offering remote work opportunities
  • Must provide equal access to advancement opportunities

Virtual Harassment:

  • Same anti-harassment policies apply to virtual interactions
  • Includes emails, video calls, chat messages, virtual meetings
  • Employers must investigate and address virtual harassment

Reasonable Accommodations:

  • Remote work may be reasonable accommodation under ADA
  • Interactive process required to evaluate requests
  • Individualized assessment necessary

Remote Work Agreements and Policies

Recommended Elements:

  • Work location and schedule
  • Equipment provision and ownership
  • Expense reimbursement
  • Communication expectations
  • Performance standards and evaluation
  • Data security requirements
  • Confidentiality obligations
  • Workspace safety guidelines
  • Right to discontinue remote work arrangement
  • Applicable policies (same as on-site workers)

Important: Consult legal counsel for remote work agreement development to ensure compliance with all applicable laws.

Multi-State Remote Work Considerations

Wyoming Employer with Out-of-State Remote Workers:

May need to:

  • Register to do business in other states
  • Comply with other states’ employment laws (minimum wage, overtime, paid leave)
  • Withhold income tax for other states
  • Pay unemployment insurance in other states
  • Provide workers’ compensation coverage meeting other states’ requirements
  • Post required notices (may be electronic)

Complexity Examples:

  • Different minimum wages in different states
  • Varying paid sick leave requirements
  • Different meal/break requirements
  • Differing overtime calculations
  • Multiple tax withholding obligations

⚠️ Critical: Multi-state employment creates significant compliance complexity. Consult with:

  • Employment attorney familiar with multi-state issues
  • Multi-state payroll/tax professional
  • HR compliance consultant
  • PEO (Professional Employer Organization) if appropriate

Resources for Remote Work Compliance

Tax Information

Wyoming State Taxes

Wyoming is one of the few states with no individual income tax, which affects both employers and employees.

A. Individual Income Tax

Wyoming Personal Income Tax: NONE

Wyoming does not impose:

  • State income tax on wages
  • State income tax on self-employment income
  • State income tax on investment income

What This Means:

  • Employers do not withhold Wyoming state income tax from wages
  • Employees do not file Wyoming state income tax returns
  • Remote workers in Wyoming do not pay Wyoming income tax on wages
  • Significant difference from many other states

Source: Wyoming does not have income tax statutes

Important for Remote Workers:

  • Wyoming residents working remotely for out-of-state employers pay no Wyoming income tax
  • However, other state may try to impose its income tax (see multi-state considerations below)
  • Consult tax professional for multi-state tax situations

B. Federal Income Tax

Applies to All Wyoming Workers:

  • Employers must withhold federal income tax from wages
  • Employees must file federal income tax returns (Form 1040)
  • Same federal tax rates apply regardless of state

Federal Withholding:

  • Based on Form W-4 submitted by employee
  • Employer responsible for accurate withholding and remittance
  • Quarterly federal tax deposits required

Source: Internal Revenue Code; IRS guidance

C. Social Security and Medicare Taxes (FICA)

Employer and Employee Obligations:

  • Social Security tax: 6.2% each for employer and employee (12.4% total)
  • Medicare tax: 1.45% each for employer and employee (2.9% total)
  • Additional Medicare tax: 0.9% on wages over $200,000 (employee only)
  • Wages subject to Social Security tax capped at $168,600 (2025)
  • No cap on Medicare wages

Applies to Remote Workers: Same FICA obligations apply regardless of work location.

D. Federal Unemployment Tax (FUTA)

Employer Obligation:

  • 6.0% on first $7,000 of each employee’s wages
  • Credit of up to 5.4% for state unemployment taxes paid
  • Effective rate typically 0.6% with full credit
  • Paid quarterly by employer

Source: 26 U.S.C. § 3301 et seq.

E. Wyoming Unemployment Insurance Tax

Employer Obligation:

  • Employers must pay unemployment insurance tax to Wyoming
  • Rates range from 0.14% to 10.37% depending on experience rating
  • Taxable wage base: First $28,100 per employee (2025 – verify current amount)
  • New employers receive initial rate, then experience-rated

Employee Obligation:

  • Employees do not pay unemployment insurance tax in Wyoming
  • This is employer-only tax

Registration:

  • Employers must register with Wyoming Department of Workforce Services
  • Online registration available

Source: Wyoming Department of Workforce Services – https://dws.wyo.gov/

F. Workers’ Compensation Premiums

Employer Obligation:

  • Employers must pay workers’ compensation premiums to Wyoming state fund
  • Rates based on industry classification and experience rating
  • Not technically a “tax” but mandatory insurance premium

Source: See Workers’ Compensation section

G. Business Taxes in Wyoming

Wyoming has several business-level taxes but no corporate income tax:

Sales and Use Tax:

  • 4% state rate
  • Local option taxes may add up to 2%
  • Applies to retail sales of tangible personal property and some services
  • Remote work services generally not taxable

Property Tax:

  • Local property taxes on real and personal property
  • Rates vary by county and municipality
  • Business equipment and inventory may be taxable

Other Business Taxes:

  • No corporate income tax
  • No franchise tax
  • Various industry-specific taxes (mining, oil & gas, etc.)

Source: Wyoming Department of Revenue – https://revenue.wyo.gov/

H. Multi-State Tax Considerations

Wyoming Resident Working Remotely for Another State:

Scenario: Wyoming resident works remotely from home in Wyoming for employer headquartered in State X.

Potential Tax Issues:

  • Wyoming: No state income tax on wages
  • State X: May try to impose income tax if employee performed any work there
  • Typically: Wages taxed by state where work physically performed (Wyoming = no tax)
  • Exception: Some states assert “convenience of employer” rules

“Convenience of Employer” Rules:

  • Some states (e.g., New York, Delaware, others) tax non-resident employees if working remotely for “convenience” rather than employer’s necessity
  • Even if never set foot in that state
  • Controversial and subject to legal challenges
  • Creates double taxation concerns

Recommendation: Consult multi-state tax professional if working remotely for out-of-state employer, especially in states with convenience rules.

Out-of-State Resident Working Remotely from Wyoming:

Scenario: Resident of State Y works remotely from State Y for Wyoming employer.

Potential Tax Issues for Employer:

  • May create nexus (tax presence) in State Y
  • May require employer to register in State Y
  • May require withholding State Y income tax
  • May trigger unemployment insurance obligations in State Y
  • Workers’ compensation considerations in State Y

Recommendation: Wyoming employers with out-of-state remote workers should consult multi-state tax and employment counsel.

I. Self-Employment Tax for Independent Contractors

If Properly Classified as Independent Contractor:

  • Responsible for self-employment tax (15.3% on net earnings)
  • Covers Social Security and Medicare
  • Quarterly estimated tax payments required
  • Must file Schedule C and Schedule SE with Form 1040

Wyoming Specific:

  • No Wyoming state income tax on self-employment income
  • Federal self-employment tax still applies
  • May need business licenses depending on activity

Source: IRS guidance on self-employment tax

J. Tax Reporting for Remote Workers

Employees (W-2):

  • Receive Form W-2 from employer showing wages and withholding
  • File federal Form 1040
  • No Wyoming state return required
  • If worked in multiple states, may need to file multiple state returns

Independent Contractors (1099-NEC):

  • Receive Form 1099-NEC showing payments
  • Report on Schedule C
  • Pay self-employment tax
  • Quarterly estimated tax payments
  • May need to file in multiple states if performing services in multiple locations

Resources for Tax Guidance

Wyoming:

Federal:

Professional Assistance:

  • Certified Public Accountant (CPA) licensed in relevant states
  • IRS Enrolled Agent
  • Tax attorney for complex situations
  • Payroll service provider for multi-state compliance

Resources

Wyoming State Agencies

Wyoming Department of Workforce Services (DWS)

  • Website: https://dws.wyo.gov/
  • General Phone: (307) 235-3254
  • Address: 100 West Midwest Avenue, Casper, WY 82601

DWS – Labor Standards Office

DWS – Workers’ Compensation Division

Wyoming Department of Revenue

Federal Agencies

U.S. Department of Labor (DOL)

Equal Employment Opportunity Commission (EEOC)

Internal Revenue Service (IRS)

Legal Assistance

Wyoming State Bar Association

Legal Aid Organizations

Additional Resources

Wyoming Small Business Development Center (SBDC)

SCORE Wyoming

Society for Human Resource Management (SHRM)

Frequently Asked Questions

General Employment Law

Q: Does Wyoming have a higher minimum wage than federal?

A: No. Wyoming’s statutory minimum wage is $5.15/hour, but the federal minimum wage of $7.25/hour applies to most employers under the Fair Labor Standards Act. In practice, most Wyoming employers pay at least $7.25/hour.

Q: Are employers in Wyoming required to provide paid sick leave?

A: No. Wyoming does not have a state law requiring private employers to provide paid sick leave. Employers may offer paid sick leave voluntarily. Federal FMLA provides unpaid leave for qualifying situations.

Q: Do employees get breaks in Wyoming?

A: Wyoming law does not require employers to provide meal or rest breaks for adult employees. If employers voluntarily provide breaks, federal rules may apply regarding whether breaks must be paid.

Q: Is overtime required in Wyoming?

A: Yes, for non-exempt employees covered by the federal Fair Labor Standards Act. Overtime at 1.5 times the regular rate is generally required for hours worked over 40 in a workweek. Wyoming does not have additional state overtime requirements for most private sector workers.

Remote Work

Q: Can a Wyoming employer hire remote workers in other states?

A: Yes, but this creates multi-state compliance obligations. The employer may need to comply with other states’ employment laws, withhold income tax, register for unemployment insurance, and meet other requirements in the worker’s state. Consult legal and tax professionals for multi-state employment.

Q: If I work remotely from Wyoming for an out-of-state employer, which state’s laws apply?

A: Generally, Wyoming employment laws may apply based on where you physically perform work. However, this depends on various factors. Tax obligations can be particularly complex. Consult employment and tax professionals for your specific situation.

Q: Are home office injuries covered by workers’ compensation in Wyoming?

A: Potentially, if the injury “arises out of and in the course of employment.” Coverage is fact-specific and depends on many factors including what activity was being performed, location within the home, and timing. Not all home injuries are covered. File a claim with Wyoming Workers’ Compensation Division for official determination: (307) 777-7441.

Q: Must employers reimburse remote workers for home office expenses in Wyoming?

A: Wyoming law does not require employers to reimburse remote work expenses like internet, equipment, or supplies. Federal law also generally does not require this. Reimbursement may be governed by employer policy or employment contract. Some employers offer stipends or reimbursements voluntarily.

Workers’ Compensation

Q: Is workers’ compensation required in Wyoming?

A: Yes, for most employers with one or more employees. Wyoming operates a monopolistic state fund system, meaning employers must purchase coverage through the Wyoming Workers’ Compensation Division. Contact: (307) 777-7441.

Q: Can I opt out of workers’ compensation as a sole proprietor?

A: Sole proprietors without employees are not required to have workers’ compensation coverage, but may elect optional coverage. Contact Wyoming Workers’ Compensation Division to explore options.

Q: What should I do if injured at work?

A: 1) Report injury to your employer as soon as possible (preferably within 72 hours), 2) Seek medical attention, 3) File a claim with Wyoming Workers’ Compensation Division, 4) Follow medical treatment recommendations. Do not delay reporting – deadlines are strictly enforced.

Classification

Q: How do I know if a worker is an employee or independent contractor in Wyoming?

A: Classification depends on multiple factors examined under various legal tests (ABC test for unemployment/workers’ comp, common law factors, economic realities, etc.). Remote work location does not determine classification. Consult employment counsel and tax professionals before classifying workers. Misclassification can result in severe penalties.

Q: Can I hire remote workers as independent contractors to avoid employment law obligations?

A: No. Classification depends on the nature of the work relationship, not the employer’s preference or written agreement. Remote workers may be employees or independent contractors depending on control, independence, and other factors. Misclassifying employees as contractors to avoid obligations is illegal and can result in significant penalties.

Discrimination

Q: How many employees must an employer have for Wyoming anti-discrimination law to apply?

A: Wyoming Fair Employment Practices Act generally applies to employers with 2 or more employees (excluding religious organizations). Federal laws may have higher thresholds (typically 15+ employees for Title VII, 20+ for ADEA).

Q: How long do I have to file a discrimination complaint in Wyoming?

A: 6 months from the alleged discriminatory act under Wyoming law. Federal law typically allows 180-300 days. Because the Wyoming deadline is shorter, act promptly if you believe you’ve experienced discrimination. Contact Wyoming DWS Labor Standards: (307) 235-3254.

Q: Does Wyoming protect against discrimination based on sexual orientation?

A: Sexual orientation and gender identity are not explicitly protected under Wyoming state law as of December 2025. However, recent federal Title VII interpretations may provide protections. Some local jurisdictions (e.g., Casper) have additional protections. Consult EEOC or employment attorney for specific situations.

Taxes

Q: Do I pay state income tax in Wyoming?

A: No. Wyoming does not have a state income tax on individual wages or income. This applies to both residents and non-residents working in Wyoming. Federal income tax still applies.

Q: I work remotely from Wyoming for a company in another state. Do I pay that state’s income tax?

A: Generally, you pay income tax based on where you physically perform the work. Since you work from Wyoming and Wyoming has no income tax, you typically would not pay the other state’s income tax. However, some states have “convenience of employer” rules that may create tax obligations. Consult a multi-state tax professional.

Q: Does Wyoming have state unemployment insurance?

A: Yes, employers pay unemployment insurance tax to Wyoming (rates range from 0.14% to 10.37%). Employees do not pay this tax – it is employer-only. Eligible unemployed workers can receive unemployment benefits.

Leave and Time Off

Q: Am I entitled to vacation pay when I leave my job?

A: It depends on employer policy. Wyoming law allows employers to have “use it or lose it” policies where accrued vacation is forfeited upon termination, but only if: 1) The employer’s policy states this clearly, AND 2) The employee acknowledged the policy in writing. If these conditions aren’t met, accrued vacation is generally treated as earned wages that must be paid out.

Q: Can my employer require me to work on holidays?

A: Yes. Wyoming law does not require employers to give holidays off or pay premium rates for holiday work (unless overtime rules apply). Holiday leave is voluntary and governed by employer policy.

Q: Am I entitled to FMLA leave?

A: Only if: 1) Your employer has 50+ employees, AND 2) You’ve worked for the employer at least 12 months, AND 3) You’ve worked at least 1,250 hours in the past 12 months, AND 4) You work at a location where employer has 50+ employees within 75 miles. If eligible, you may receive up to 12 weeks of unpaid, job-protected leave for qualifying reasons.

Miscellaneous

Q: When must I receive my final paycheck after leaving a job?

A: According to Wyoming law, your final paycheck must be provided by the next regularly scheduled payday, whether you resign or are terminated.

Q: Can an employer require me to sign a non-compete agreement in Wyoming?

A: As of July 1, 2025, Wyoming prohibits most non-compete agreements that restrict the right to receive compensation for performing labor. There are limited exceptions. Contracts entered into before July 1, 2025 may still be enforceable. Consult employment attorney for specific situations.

Q: Where can I file a wage claim if my employer hasn’t paid me?

A: File a wage claim with Wyoming Department of Workforce Services – Labor Standards Office:

Q: Who should I contact if I have questions not answered here?

A: For specific questions:

  • General employment law: Wyoming DWS Labor Standards: (307) 235-3254
  • Workers’ compensation: Wyoming Workers’ Comp: (307) 777-7441
  • Discrimination: Wyoming DWS or EEOC: 1-800-669-4000
  • Tax questions: IRS: 1-800-829-1040 or tax professional
  • Legal advice: Employment attorney (Wyoming Bar: 307-632-9061)

Others

Montana
Alaska
South Dakota
Colorado
Idaho

Legal Disclaimer: This guide provides general background information only and does not constitute legal, tax, or professional advice. Employment laws are complex and subject to interpretation. Consult licensed legal counsel and official state agencies for guidance specific to your situation.