An Employer’s Compliance Starter Guide: Wyoming

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Nobody ever said running a business was easy. As an employer, you have many things to handle, and compliance is just one of them. 

In addition to federal regulations, each state has its own share of employment-related laws that business owners need to be aware of. Here, we’re highlighting some of these key state-specific requirements, and offering guidance to help you keep up.

Bear in mind that this list is not comprehensive, and there may be local or industry-specific employment requirements that your business needs to comply with. It’s best to consult with counsel to ensure compliance with all applicable laws, as Justworks does not provide legal advice.

Payroll Tax Accounts

Because Justworks reports state unemployment taxes on behalf of customers who utilize Justworks’ PEO services, Justworks may need to collect account information such as your account number and current rate. You can read more about it here:  State Unemployment Insurance.

Recruiting & Hiring Practices

Posting Requirements

Wyoming employers are required to post notices to all employees informing them of their rights and responsibilities under state and local laws.

Justworks PEO customers who opt into the compliance poster service offered via Jusworks will be provided with most required posters for their office location(s) and remote employee(s). You can read our Help Center article on compliance posters for more information.

Wyoming Department of Workforce Services (DWS): Labor Law Posters

Mineral*: Wyoming Posting Requirements

Independent Contractors

When deciding whether to classify workers as employees or independent contractors, there are a few things your business should consider, including the different tests that apply under different federal and state employment laws, and the potential penalties and other liabilities for misclassifying employees as independent contractors.

You can read our general Help Center article on contractors, and view information on how to determine if someone is a contractor or employee in Wyoming in the relevant section at the link below.

Wyoming Department of Workforce Services (DWS): Independent Contractor vs Employee 

Mineral*: Wyoming Independent Contractors

Pay Requirements 

Minimum Wage & Overtime 

Wyoming’s minimum wage requirement is lower than the federal minimum wage and the state has no special overtime laws. Further information on minimum wage, overtime, and other related rules and regulations in Wyoming can be found at the links below.

Wyoming DWS: Labor Standards FAQs

Mineral*: Wyoming Minimum Wage and Overtime

Pay Parity

Wyoming equal pay law requires employers to pay employees of one gender not at a lesser rate than the opposite gender for jobs requiring comparable skill, effort, and responsibility within the same workplace; there are some limited exceptions. 

Mineral*: Wyoming Pay Equity and Transparency

Paid Time Off to Vote

Employers must grant employees one hour of paid leave to vote if polls are not open at least three hours before or after their work shift.

Mineral*: Wyoming Voting Leave

Leave

Victim Leave

Wyoming’s Victim and Witness Bill of Rights protects employees from discharge or discipline by an employer when they are required to be involved, for certain covered reasons, in criminal justice proceedings.  

Mineral*: Wyoming Victim Leave

Harassment & Discrimination

In addition to protections under Federal law, Wyoming law prohibits employment discrimination based on membership in any protected class by employers covered under Wyoming's anti-discrimination laws. The Wyoming Fair Employment Practices Act (WFEPA) covers employers with two or more employees in the state and prohibits discriminatory employment practices. 

Wyoming DWS: Your Labor Rights 

Mineral*: Wyoming Employment Discrimination and Accommodations

The city of Laramie prohibits employers with one or more employees from workplace or housing discrimination based on sexual orientation, gender identity, or gender expression.

Laramie City Council: Non-Discrimination Ordinance

Separation

Employees must be paid their owed wages by the next regularly scheduled payday following their employment end date. This applies to both voluntary and involuntary separation.

Accrued, unused vacation time does not have to be paid out to a departing employee unless an employer’s policy requires it. Employers should clearly set forth in writing any policy with respect to unused vacation.

Wyoming DWS: FAQs

Mineral*: Wyoming Separation

Business Closings and Layoffs

The Federal WARN Act imposes certain notices and other obligations on covered businesses before conducting large-scale business closures, layoffs, or relocations. For more information, visit the links below.

U.S. Department of Labor: Worker Adjustment and Retraining Notification (WARN) Act Advisor

US DOL: Plant Closings and Layoffs (WARN)

Mineral*: Wyoming Layoffs

Notes

*Be sure you’re logged into your Justworks account with administrative permissions to access Mineral.

 

Disclaimer

This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.