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Wyoming State law aligns directly with the Federal Fair Labor Standards Act (FLSA) for minimum wage and overtime. There are virtually no state-specific overtime laws that exceed the federal mandates. This means Wyoming employers must pay the federal minimum wage of $7.25 per hour and 1.5 times the regular rate of pay for all hours worked over 40 in a workweek, unless the employee is properly classified as exempt. The primary compliance challenge is applying the FLSA’s three-part test (Salary Level, Salary Basis, and Duties Test) correctly.

Checklist: 5 Quick Questions to Determine Overtime Eligibility in Wyoming

Since Wyoming defers to the FLSA, correctly classifying employees as non-exempt (eligible for overtime) or exempt (not eligible) is the main legal requirement. Use this checklist to quickly review your salaried positions:

FLSA Exemption Test Compliance Question (for Salaried Employees) Yes/No
1. Salary Level Test Does the employee earn at least the federal minimum salary threshold of $684 per week?  
2. Salary Basis Test Is the employee paid a fixed salary regardless of the quantity or quality of work performed?  
3. Duties Test (Executive, Admin, or Professional) Does the employee’s primary duty involve management, business operations, or specialized intellectual instruction?  
4. Overtime Calculation Do you pay non-exempt employees 1.5x their regular rate for all hours over 40?  
5. Time Tracking Do you accurately track and record all actual hours worked by every non-exempt employee?  

Are Wyoming Employers Required to Pay for Unauthorized Overtime?

Yes. In Wyoming, if a non-exempt employee works overtime, even without prior management authorization, the employer is legally obligated to compensate them at the correct 1.5x overtime rate (Source: Wyoming DWS Labor Standards FAQ). While an employer can discipline an employee for working unapproved hours, the pay cannot be withheld.

Does Wyoming Require Meal or Rest Breaks?

No. Wyoming Wage and Hour Laws do not require that private-sector employers provide paid or unpaid rest periods or meal breaks to adult employees (Source: Wyoming DWS Labor Standards Division). Employers must only adhere to federal FLSA requirements, which also do not mandate breaks. However, if an employer chooses to offer short breaks (usually 5 to 20 minutes), they must be counted as compensable time worked.

Related Reading

To ensure you are fully compliant with federal wage laws:

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