Do Federal or Wyoming Employment Laws Apply

Do Federal employment laws or Wyoming employment laws apply?

Federal employment laws must be followed if the employer has the number of employees listed below:
# Emp Federal law
100 WARN –Worker Adjustment and Retraining Notification Act
50 FMLA–Family Medical Leave Act
20 ADEA—Age Discrimination in Employment Act
20 COBR—Consolidated Omnibus Benefits Reconciliation Act
20 OWBPA—Older Workers Benefit Protection Act
15 ADA—American with Disability Act
15 GINA—Genetic Information Nondiscrimination Act
15 Title VII of the Civil Rights Act of 1964
15 PDA—Pregnancy Discrimination Act
1 EPPA—Employee Polygraph Protection Act
1 EPA—Equal Pay Act
1 FRCA—Fair Credit Reporting Act
1 FLSA—Fair Labor Standards Act
1 IRCA—Immigration Reform and Control Act
1 OHSA—Occupational Safety and Health Act
1 PRWORA—Personal Responsibility and Work Opportunity Reconciliation Act
1 USERRA—Uniform Services Employment and Reemployment Rights Act
Taken from Johnson, S., & Everhart, B. (2010). The A-Z Guide to Federal Employment Laws for the Small Business Owner. Ocala, FL: Atlantic Publishing Group, Inc.

In addition to the federal employment laws, the employer must meet the Wyoming employment laws, generally providing the employee with the greater protections offered by either law. Federal law “preempts” state law: state law can give more but it cannot take away rights or responsibilities given by federal law.

Employers who have fewer employees need to meet the Wyoming employment law requirements but not the federal employment laws.

Minimum Wage

Wyoming’s minimum wage is $5.15 (WY Statute 27-4-202(a)), the lowest in the country, but most employers must meet the federal minimum wage of $7.25, under the FLSA, according to the article by Trevor Brown for the Wyoming Tribune Eagle on February 5, 2015, Wyoming Lawmakers again reject minimum-wage hike.

Wyoming Minimum wage laws do apply:
Computer employees

Wyoming Minimum wage laws do not apply:
Outside salesmen -WY statute 27-4-202(g)
Professional employees – WY statute 27-4-202(c)
Administrative employees – WY statute 27-4-202(c)
Executive employees – WY statute 27-4-202(c)

In Wyoming, under the following situations employers do not have to pay minimum wage:
Domestic service around a private home
Working for the federal, state or any political subdivision thereof
Voluntary work in educational, charitable, religious or nonprofit organization
Ambulance driver as necessary and who is on call at any time
WY Statute 27-4-202

Credits exemptions/
Brown, T., (2015, February 5) Wyoming Lawmakers again reject minimum-wage hike, Wyoming Tribune Eagle.


Wyoming does not have laws governing paying overtime. Federal laws (Fair Labor Standards Act-FLSA, 29 USC 201 et al)) may require it if the business falls under federal regulation (e.g., gross sales of at least $500,000 and engaged in commerce).
Johnson, S., & Everhart, B. (2010). The A-Z Guide to Federal Employment Laws for the Small Business Owner. Ocala, FL: Atlantic Publishing Group, Inc.

Meal time and Breaks

Neither Wyoming or Federal laws require meal time or breaks, but, if an employer provides them, breaks of 20 minutes or less must be paid. Longer periods do not need to be paid as long as the employee is free to do as they wish during the break. So if the employee must stay at the desk during the break, it should be paid.