Understanding the dual-floor situation
Wyoming's minimum wage law creates a dual-floor situation that operates differently from every state where the state rate equals or exceeds the federal rate. When a state minimum wage is below the federal FLSA minimum, the FLSA supersedes it for all FLSA-covered employment — which means the state rate only matters for employers and workers not covered by FLSA.
FLSA enterprise coverage applies to businesses with annual gross volume of at least $500,000 in sales or business (or certain types of enterprises like hospitals, schools, and public agencies). Individual-worker coverage under FLSA applies to workers who personally engage in interstate commerce or produce goods for interstate commerce. Between enterprise and individual coverage, nearly all Wyoming workers are FLSA-covered — meaning nearly all must be paid at least the federal $7.25/hr.
Wyoming's state statute — W.S. § 27-4-202(a)
Wyoming's state minimum wage is set by W.S. § 27-4-202(a), read from the Wyoming Statutes title 27 PDF at wyoleg.gov. The rate of $5.15/hr has been in effect since April 1, 2001. This means Wyoming's state minimum wage has not changed in 25 years as of 2026 — the longest-unchanged sub-federal state minimum wage in the country. For FLSA-exempt employers, the state rate is the floor; for all other employers, it is irrelevant because the federal rate controls.
Wyoming compared to neighboring Montana
Montana, which borders Wyoming to the north, has a minimum wage of $10.85/hr effective January 1, 2026, CPI-indexed annually under Montana wage law (erd.dli.mt.gov). Montana's rate is approximately $3.60 above the federal $7.25 that governs most Wyoming workers — and nearly twice Wyoming's state $5.15 statutory rate. Montana has no tip credit. Wyoming's state rate has been unchanged since 2001; Montana's CPI mechanism means it has increased each year that CPI has risen. The two neighboring states represent opposite ends of the minimum wage policy spectrum in the Mountain West.
Does Wyoming have a state overtime law?
A specific Wyoming statute confirming the absence of an independent state overtime law was not fetched from a primary source during the research session. The federal FLSA rule — 1.5× after 40 hours/week under 29 U.S.C. § 207 — governs all FLSA-covered Wyoming employers. Workers should verify the current state of Wyoming overtime law with the Wyoming Department of Workforce Services, Labor Standards division.
Wage-claim filing in Wyoming
The Wyoming Department of Workforce Services, Labor Standards division at dws.wyo.gov handles Wyoming state wage law. For FLSA violations, workers may also file with the federal Department of Labor Wage and Hour Division. The specific final paycheck deadline under W.S. § 27-4-104 was not confirmed from a directly-read primary source during research — contact Labor Standards directly for current filing procedures.
What this page does not determine
- Whether a specific employer is covered by the FLSA (enterprise or individual-worker coverage).
- Whether a specific employer qualifies as FLSA-exempt and therefore subject only to the state $5.15 rate.
- Overtime calculations — verify current Wyoming law with the DWS Labor Standards division.
- Wyoming final paycheck rules under W.S. § 27-4-104 — contact DWS directly.
- Whether tipped workers in Wyoming receive a lower direct wage — not confirmed from a primary source.
Sources and verification
The state statutory rate and April 1, 2001 effective date are from W.S. § 27-4-202(a) at wyoleg.gov. The federal floor ($7.25) is the operative rate for FLSA-covered employers under 29 U.S.C. § 206. The below-federal-floor flag and display rule are confirmed by the research notes from the 50-state data expansion, including the dws.wyo.gov search snippet. Verification date: August 2026. See the site's methodology for source standards.
Common questions
What minimum wage do most Wyoming workers receive?
The federal FLSA minimum of $7.25 per hour under 29 U.S.C. § 206 applies to nearly all Wyoming workers, because most Wyoming employers meet the FLSA enterprise or individual-worker coverage test. Wyoming's state statute sets a lower $5.15/hr that applies only to the narrow class of FLSA-exempt employers. The $7.25 federal floor is the practical governing rate for the vast majority.
What is Wyoming's state minimum wage law?
W.S. § 27-4-202(a) sets Wyoming's state minimum wage at $5.15/hr, effective April 1, 2001. This rate is below the federal FLSA minimum of $7.25/hr. For FLSA-covered employers — the vast majority — FLSA supersedes the state rate. Wyoming's $5.15 has not changed since 2001, making it the longest-unchanged sub-federal state minimum wage in the United States as of 2026.
Which employers can legally pay $5.15/hr in Wyoming?
Only employers that are fully exempt from the FLSA may pay Wyoming's $5.15/hr state rate. FLSA exemption typically requires the business to have annual gross sales below $500,000 AND no workers who are individually covered (personally engaged in interstate commerce or producing goods for it). This is a narrow category. Employers uncertain about their status should consult the federal Wage and Hour Division or legal counsel before paying below $7.25/hr.
How is Wyoming similar to Georgia on minimum wage?
Wyoming and Georgia are the only two states whose state minimum wage statutes set a rate below the federal FLSA floor ($7.25/hr). In both states, the state rate applies only to FLSA-exempt employers; FLSA-covered employers — most of the workforce — must pay the federal rate. Georgia's state rate is also $5.15/hr (O.C.G.A. Title 34, Chapter 4), though that statute has its own distinct statutory history.
How does Wyoming compare to Montana on minimum wage?
Montana's minimum wage is $10.85/hr effective January 1, 2026, CPI-indexed annually with no tip credit (erd.dli.mt.gov). This is $3.60 above the federal $7.25 that governs most Wyoming workers, and nearly twice Wyoming's $5.15 state statutory rate. Montana's CPI mechanism means its rate grows automatically; Wyoming's state rate has not moved since April 1, 2001 — 25 years of unchanged statute as of 2026.