By Journey Payroll & HR Compliance Team

At a Glance

• State overtime law: None. Wyoming has no state overtime statute.
• Governing law: Federal Fair Labor Standards Act (FLSA), 29 U.S.C. Chapter 8
• Weekly overtime threshold: Hours over 40 in a workweek, paid at 1.5x the regular rate
• Daily overtime requirement: None
• 7th-day premium pay rule: None
• Salary threshold for exemptions: Federal level, $684 per week ($35,568 annually), confirmed by DOL technical amendment effective May 15, 2026
• HCE threshold: $107,432 annually (federal, confirmed May 2026)
• Wyoming minimum wage: $5.15 per hour under Wyo. Stat. Section 27-4-202; the federal minimum of $7.25 applies because it is higher
• State wage payment statute: Wyoming Wage Payment Act, Wyo. Stat. Section 27-4-101 et seq.
• State enforcement agency: Wyoming Department of Workforce Services (DWS), Labor Standards Office; (307) 235-3611; dws.wyo.gov
• FLSA overtime enforcement: U.S. DOL Wage and Hour Division; 1-866-4-USWAGE; dol.gov
• FLSA penalty for willful nonpayment: Back wages plus equal liquidated damages under 29 U.S.C. Section 216(b), plus mandatory attorney’s fees; DOL may also assess up to $1,100 per willful violation under 29 U.S.C. Section 216(e)(2)
• FLSA statute of limitations: 2 years (non-willful) or 3 years (willful) under 29 U.S.C. Section 255(a)
• Record retention: 7 years recommended (FLSA minimum is 3 years under 29 C.F.R. Section 516.5)

Who This Applies To

This page covers private employers in Wyoming with employees on payroll, including full-time, part-time, and temporary workers. It applies to employers headquartered outside Wyoming if they have Wyoming-based employees. Federal contractors may have additional obligations under the Service Contract Act and Davis-Bacon Act, which are particularly relevant in Wyoming given the state’s significant federal land and energy development activity. Public sector employers operate under separate frameworks. Most private Wyoming employers are subject to FLSA enterprise coverage under 29 U.S.C. Section 203(s)(1)(A), which applies to businesses with at least $500,000 in annual gross volume whose employees handle goods in interstate commerce. Wyoming’s oil and gas, mining, ranching, tourism, and construction industries make FLSA coverage applicable to the overwhelming majority of private employers.

How Wyoming Overtime Compares to Federal FLSA

Wyoming follows federal FLSA overtime rules without modification or addition. There is no Wyoming overtime statute in the Wyoming Statutes that sets a different weekly threshold, changes the 1.5x multiplier, imposes daily overtime, or creates a state salary exemption threshold separate from the federal level. The Wyoming Department of Workforce Services confirms in its own FAQ that Wyoming labor laws do not govern overtime, and that federal overtime laws apply.

Wyoming does have the Wyoming Wage Payment Act (Wyo. Stat. Section 27-4-101 et seq.), which governs the timing of wage payments and provides a state civil enforcement pathway for unpaid wages. This statute does not create an overtime obligation beyond the FLSA, but it does require employers to pay wages on a regular schedule and provides employees the ability to pursue civil recovery of unpaid wages through state channels. Unpaid overtime qualifies as unpaid wages under the Wage Payment Act, giving employees an additional state-level avenue alongside the federal FLSA.

For Wyoming employers, the practical compliance picture is clean: FLSA is the complete overtime framework. Forty-hour weekly threshold, 1.5x regular rate, federal exemptions including the three-part duties test, and federal enforcement through the WHD. No state layers are added on top.

Daily Overtime Requirements

Wyoming has no daily overtime requirement. The FLSA does not impose a daily overtime trigger, and Wyoming has not created one by statute or regulation. An employee who works 10 or 12 hours in a single day is not owed any overtime premium under Wyoming or federal law unless total hours for the workweek exceed 40.

This is a clear and settled distinction. California requires overtime for hours worked beyond 8 in a single day, with double time for hours beyond 12. Nevada requires daily overtime for employees earning less than 1.5 times the applicable minimum wage. Alaska requires daily overtime beyond 8 hours in a day. None of those daily rules apply in Wyoming. Wyoming employers in oil and gas, mining, and construction, sectors that routinely schedule 10- and 12-hour shifts, owe overtime only when total workweek hours cross 40. No premium attaches to the hours within a shift that exceed 8.

Weekly Overtime Threshold

The overtime threshold in Wyoming is the FLSA standard: 40 hours in a single workweek. Every hour a non-exempt employee works beyond 40 must be paid at 1.5 times the regular rate of pay. A workweek is a fixed, regularly recurring 168-hour period. Hours cannot be averaged across multiple workweeks to reduce or offset overtime liability. Once the workweek start day is established, it must be applied consistently and cannot be shifted to avoid overtime.

The regular rate calculation is where Wyoming employers most often make errors. The regular rate is not simply the base hourly wage. Under 29 U.S.C. Section 207(e), it must include all remuneration for employment paid in the workweek except for specifically excluded items: discretionary bonuses, overtime premiums already paid, gifts, and a defined list of other payments. Non-discretionary bonuses, production incentives, hazard pay, shift differentials, and piece-rate pay must all be included before the overtime multiplier is applied. Wyoming’s oil field, mining, and construction industries frequently use hazard pay differentials and non-discretionary production bonuses that change the regular rate every workweek they are paid.

7th-Day Premium Pay Rules

Wyoming has no 7th-day premium pay rule. An employee who works 7 consecutive days in a workweek is not owed any premium for the 7th day under Wyoming or federal law unless total weekly hours exceed 40. California’s 7th-day rule under California Labor Code Section 510, requiring 1.5 times the regular rate for the first 8 hours worked on the 7th consecutive workday and double time for hours beyond 8 on that day, does not apply to Wyoming employees.

Wyoming employers in oil field services, ranching, tourism, and hospitality who operate 7-day schedules owe overtime only when total weekly hours cross 40. The day of the week or the consecutive nature of days worked does not independently trigger any premium obligation in Wyoming.

Exempt Employee Salary Threshold in Wyoming

Wyoming does not set its own salary threshold for overtime exemptions. The operative threshold is the federal level: $684 per week ($35,568 annually) under 29 C.F.R. Part 541. An employee paid less than $684 per week on a salary basis cannot qualify for the executive, administrative, or professional overtime exemptions regardless of job title, duties, or industry.

This threshold was confirmed as the current federal standard by the DOL’s technical amendment published May 15, 2026, which formally rescinded the 2024 rule that had attempted to raise the level to $844 and then $1,128 per week. The Fifth Circuit dismissed the related appeals in early May 2026. The $684 per week figure is now settled in the Code of Federal Regulations with no pending rulemaking.

The HCE threshold is $107,432 in total annual compensation with at least $684 per week on a salary or fee basis, also restored to 2019 levels by the May 2026 DOL amendment. Wyoming has no separate or higher state threshold for either category. Paying a salary above the threshold is necessary but not sufficient for exemption: the applicable duties test under 29 C.F.R. Part 541 must also be fully satisfied.

Exemptions Under Wyoming Law

Because Wyoming has no state overtime statute, the exemptions that apply are entirely the FLSA exemptions. Wyoming does not create state-specific overtime exemptions, modify any FLSA category, or restrict any federal carve-out. The full FLSA exemption framework applies in Wyoming without any state-level alteration.

Executive Exemption

Requires all three of: (1) paid on a salary basis of at least $684 per week, (2) primary duty is management of the enterprise or a department or subdivision, and (3) customarily and regularly directs the work of at least two full-time employees and has authority to hire, fire, or make recommendations that carry particular weight. Job title does not determine exempt status. A field supervisor at a Wyoming energy company who is paid $700 per week but whose primary duty is operating equipment rather than managing employees does not satisfy the executive duties test.

Administrative Exemption

Requires all three of: (1) paid on a salary basis of at least $684 per week, (2) primary duty is office or non-manual work directly related to management or general business operations of the employer or its customers, and (3) primary duty includes the exercise of discretion and independent judgment with respect to matters of significance. Routine clerical or administrative support work does not satisfy the duties test even if the employee earns above the salary threshold.

Professional Exemption

Applies to learned professionals (primary duty requires advanced knowledge in a field of science or learning, customarily acquired by prolonged specialized instruction) and creative professionals (primary duty requires invention, imagination, originality, or talent in a recognized artistic field). Both categories require the salary basis test at $684 per week or more. Wyoming’s healthcare sector in Cheyenne, Casper, and other medical centers relies heavily on this exemption for physicians, registered nurses in certain roles, and engineers.

Highly Compensated Employee Exemption

Employees earning $107,432 or more in total annual compensation, with at least $684 per week on a salary or fee basis, who customarily and regularly perform any one or more of the exempt duties of an executive, administrative, or professional employee qualify under the HCE exemption at 29 C.F.R. Section 541.601. Wyoming’s oil and gas, mining, and engineering sectors frequently employ workers who earn above this threshold and whose exempt status may be easier to establish under the HCE pathway than through the full primary-duty test.

Motor Carrier Exemption

Employees of motor carriers subject to the Secretary of Transportation’s jurisdiction under 49 U.S.C. Section 31502, who affect the safety of operation of motor vehicles in interstate or foreign commerce, are exempt from FLSA overtime under 29 U.S.C. Section 213(b)(1). Wyoming’s extensive freight, trucking, and energy transportation sectors make this exemption broadly relevant. It covers drivers, driver’s helpers, loaders, and mechanics who perform safety-affecting duties in weeks when those duties are performed, but does not cover dispatchers, office staff, or warehouse employees who do not affect vehicle safety of operation.

Agricultural Exemption

Employees of agricultural employers who used fewer than 500 man-days of agricultural labor in any calendar quarter of the preceding year are exempt from FLSA overtime under 29 U.S.C. Section 213(a)(6). Wyoming’s ranching and livestock operations, concentrated in the eastern plains and Big Horn Basin, should evaluate their man-day count each quarter before applying this exemption. Immediate family members of the farm or ranch employer are also exempt under the same provision.

Seasonal and Recreational Establishment Exemption

Establishments that operate fewer than 7 months in a calendar year, or whose receipts during any 6-month period are not more than one-third of receipts in the other 6 months, may qualify for the FLSA seasonal exemption under 29 U.S.C. Section 213(a)(3). Wyoming’s Yellowstone and Grand Teton-adjacent tourism operations, ski resorts, and summer dude ranches should evaluate whether their specific operations meet the statutory criteria. The exemption requires satisfying the revenue or operating-period threshold in the statute, not merely operating in a seasonal industry.

Calculating Overtime Pay Correctly

Wyoming overtime calculations follow the FLSA framework. The most common errors involve the regular rate: failing to include non-discretionary additional compensation before applying the overtime multiplier.

Step 1: Define the Workweek

Establish a fixed, recurring 168-hour workweek with a defined start day and time, documented in writing. The workweek cannot be changed to avoid overtime, and hours cannot be averaged across workweeks.

Step 2: Calculate the Regular Rate

Total all compensation earned in the workweek: base hourly wages, non-discretionary bonuses, hazard pay differentials, production incentives, and piece-rate pay. Divide by total hours worked. Exclude only items specifically exempted under 29 U.S.C. Section 207(e). The result is the regular rate for that workweek.

Step 3: Apply the Overtime Premium

For each hour worked beyond 40, the employer owes an additional 0.5 times the regular rate as the overtime premium. If all hours including overtime hours were already paid at straight time, only the half-time premium is owed on top. If overtime hours were not yet compensated at all, the full 1.5x applies.

Example: Casper Oil Field Worker with Hazard Pay

A Casper oilfield pipe fitter earns $28 per hour and works 54 hours in one week. The employer pays a $168 non-discretionary hazard pay differential for confined space work that week. Total straight-time compensation: (54 x $28) + $168 = $1,512 + $168 = $1,680. Regular rate: $1,680 divided by 54 hours = $31.11 per hour. Overtime premium on 14 hours: 14 x ($31.11 x 0.5) = 14 x $15.56 = $217.84. Total pay: $1,680 (all hours at straight time) + $217.84 (overtime premium) = $1,897.84. An employer who calculated overtime on the $28 base rate alone would pay 14 x ($28 x 0.5) = $196 extra, underpaying by $21.84 for that week. Across a large field crew over a full year of busy weeks, that gap creates significant FLSA back pay liability.

Enforcement: Who Oversees Overtime in Wyoming

The U.S. Department of Labor Wage and Hour Division (WHD) is the primary enforcement agency for FLSA overtime violations in Wyoming. Employees may file a complaint at dol.gov or call 1-866-4-USWAGE. The WHD Denver District Office serves Wyoming employers. The WHD investigates complaints, recovers back wages on behalf of employees, and may assess civil penalties for willful violations. Employees have 2 years to file an FLSA claim (3 years for willful violations) under 29 U.S.C. Section 255(a).

The Wyoming Department of Workforce Services (DWS), Labor Standards Office handles state wage complaints under the Wyoming Wage Payment Act. Employees may contact the DWS at dws.wyo.gov or call (307) 235-3611. The DWS investigates wage payment complaints, mediates disputes, and assists employees in recovering unpaid wages including overtime where the failure to pay constitutes a Wage Payment Act violation. Employees may also pursue civil action directly in Wyoming state court for unpaid wages.

Penalties for Overtime Violations in Wyoming

Under 29 U.S.C. Section 216(b), an employer who fails to pay required FLSA overtime owes the full unpaid amount plus an equal amount as liquidated damages, automatically, unless the employer proves it acted in good faith and had reasonable grounds to believe its conduct was lawful under 29 U.S.C. Section 260. An employee owed $3,500 in unpaid overtime recovers $7,000 plus mandatory attorney’s fees and court costs. The U.S. DOL may additionally assess a civil penalty of up to $1,100 per willful or repeated FLSA violation under 29 U.S.C. Section 216(e)(2). Under the Wyoming Wage Payment Act, civil recovery of unpaid wages is available through state court. Wyoming does not impose a state-specific penalty multiplier for unpaid overtime beyond civil wage recovery, making the FLSA’s liquidated damages and attorney’s fees provision the dominant penalty exposure for Wyoming employers.

Frequently Asked Questions

What is overtime law in Wyoming?

Wyoming does not have a state overtime law. Overtime in Wyoming is governed entirely by the federal Fair Labor Standards Act (FLSA), 29 U.S.C. Chapter 8, which requires employers to pay non-exempt employees 1.5 times their regular rate of pay for all hours worked over 40 in a workweek. The Wyoming Department of Workforce Services confirms in its own published guidance that Wyoming labor laws do not govern overtime and that federal law applies. The Wyoming Wage Payment Act (Wyo. Stat. Section 27-4-101 et seq.) governs wage payment timing and provides a state civil remedy but does not create an overtime obligation beyond the FLSA.

Does Wyoming require daily overtime?

No. Wyoming has no daily overtime requirement. The FLSA does not impose a daily overtime trigger, and Wyoming has not added one. An employee who works 10 or 12 hours in a single day is not owed any premium under Wyoming or federal law unless total workweek hours exceed 40. Unlike California, Nevada, and Alaska, Wyoming imposes no daily overtime obligation.

Does Wyoming have a 7th-day overtime rule?

No. Wyoming has no 7th-day premium pay rule. An employee who works 7 consecutive days is not owed any premium for the 7th day unless total weekly hours exceed 40. California’s 7th-day rule under Labor Code Section 510 does not apply to Wyoming employees.

What is the overtime exemption salary threshold in Wyoming?

Wyoming uses the federal salary threshold of $684 per week ($35,568 annually), confirmed by the DOL’s technical amendment published May 15, 2026. Wyoming has no separate or higher state threshold. The HCE threshold is $107,432 annually. Paying above the salary threshold is necessary but not sufficient: the employee must also satisfy all elements of the applicable FLSA duties test.

What happens if a Wyoming employer does not pay overtime?

A Wyoming employer who fails to pay FLSA overtime owes the unpaid wages plus an equal amount in liquidated damages under 29 U.S.C. Section 216(b), plus the employee’s mandatory attorney’s fees. The DOL may assess up to $1,100 per willful violation separately. Employees have 2 years to file a non-willful FLSA claim and 3 years for willful violations. Employees may also file a wage complaint with the Wyoming DWS Labor Standards Office or pursue a civil lawsuit in Wyoming state court.

Who enforces overtime violations in Wyoming?

FLSA overtime violations in Wyoming are enforced by the U.S. Department of Labor Wage and Hour Division, Denver District Office. Employees can file at dol.gov or call 1-866-4-USWAGE. The Wyoming Department of Workforce Services (DWS), Labor Standards Office handles state wage payment complaints at dws.wyo.gov or (307) 235-3611. Employees may also file a civil lawsuit in Wyoming state court independently of either agency.

Does the agricultural overtime exemption apply to Wyoming ranch operations?

It may, for ranch and farming operations that used fewer than 500 man-days of agricultural labor in any calendar quarter of the preceding year, under 29 U.S.C. Section 213(a)(6). Wyoming’s cattle, sheep, and horse ranching operations should evaluate their actual man-day count each quarter before applying the exemption. The count can change year to year based on seasonal labor use, so the exemption must be re-evaluated periodically. Immediate family members of the ranch employer are also exempt under the same provision.

Do federal prevailing wage requirements apply in Wyoming?

Yes, for work on federal and federally-funded construction projects and certain federal service contracts. Wyoming has a large federal land base, significant federal construction projects, and active Service Contract Act work. Federal contractors in Wyoming performing covered contracts must pay workers the applicable prevailing wage rates determined by the DOL, which may be higher than what FLSA overtime alone requires. These prevailing wage obligations operate separately from FLSA overtime but interact with the regular rate calculation for overtime purposes. Federal contractors should consult the applicable wage determinations for their specific contracts.

Multi-State Employer Considerations

Wyoming’s no-state-overtime-law status means that multi-state employers can apply a single FLSA-based overtime policy uniformly to their Wyoming workforce without needing to layer state-specific rules on top. This is one of Wyoming’s straightforward compliance characteristics compared to states like Washington, Vermont, or Virginia.

The practical complexity for Wyoming employers with workers in other states runs in the other direction: the absence of Wyoming overtime law does not travel with employees who work in California, Colorado, Nevada, or other states with more complex frameworks. Employees working in those states must be paid according to those states’ overtime rules. A Wyoming-headquartered energy company with crews in California must apply California’s daily overtime and 7th-day rules to the California work, regardless of what Wyoming law requires. Journey Payroll & HR manages multi-state payroll compliance across all 50 states, including Wyoming-based employers with employees in states with more complex overtime frameworks. [INTERNAL LINK: multi-state payroll services — Services / Multi-State Payroll]

About Journey Payroll & HR

Journey Payroll & HR was founded in 2010 by Kevin Welch and is headquartered in Northern Colorado. Journey serves small and mid-sized businesses across all 50 states, including employers with employees in Wyoming, and operates as a franchise model with owners in multiple states. Journey is recognized on BizWest’s Mercury 100 list.

What to Do Next

If you have Wyoming employees, confirm that your overtime calculation includes all non-discretionary bonuses, hazard pay differentials, and production incentives in the regular rate, not just base hourly wages. Review any salaried exempt employee classifications to verify that each employee satisfies all three parts of the applicable FLSA duties test, not just the salary level. If you have federal contracts or subcontracts, verify whether Davis-Bacon Act or Service Contract Act prevailing wage requirements apply and how they interact with your FLSA overtime calculations. Journey Payroll & HR can help you configure compliant overtime calculations for Wyoming and every other state where you have employees. [INTERNAL LINK: contact Journey — Contact / Get Started]

Related Pages

• Wyoming Payroll & HR Compliance: State Hub [INTERNAL LINK: Wyoming state hub — States / Wyoming]
• Federal Overtime Rules: What Employers Need to Know [INTERNAL LINK: federal overtime — Wage and Hour / Federal Overtime]
• Overtime Laws in Wisconsin: What Goes Beyond Federal FLSA [INTERNAL LINK: Wisconsin overtime — States / Wisconsin / Overtime Laws]
• Overtime Laws in West Virginia: What Goes Beyond Federal FLSA [INTERNAL LINK: West Virginia overtime — States / West Virginia / Overtime Laws]
• California Overtime Laws: Employer Requirements [INTERNAL LINK: California overtime — States / California / Overtime Laws]
• Wyoming Final Paycheck Laws [INTERNAL LINK: Wyoming final paycheck — States / Wyoming / Final Paycheck Laws]
• Wyoming Minimum Wage Laws [INTERNAL LINK: Wyoming minimum wage — States / Wyoming / Minimum Wage]

About This Page

This page is written and maintained by the Journey Payroll and HR Compliance Team. Our team monitors federal and state employment law on an ongoing basis to keep this information current for employers across all 50 states.

Legal Disclaimer

The information on this page is provided for general compliance reference purposes and reflects our understanding of applicable law as of the date this page was last updated. It is not legal advice and does not create an attorney-client relationship. Employment laws change frequently and vary by jurisdiction, industry, and employer size. Specific facts and circumstances affect how laws apply to your situation. For guidance on your particular circumstances, consult a qualified employment attorney licensed in your state.

Journey Payroll and HR | JourneyPayrollHR.com | Serving employers in all 50 states

Reviewed by Journey’s Compliance Team. Last Updated: 5/29/26

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