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How to Hire Employees in Wyoming: The Complete First Hire Sequence

Hiring employees in Wyoming step by step: joint business registration, state fund workers comp, the 20-day new hire report, posters, and 90-day onboarding.

TL;DR
Hiring in Wyoming runs ten steps: federal Employer Identification Number (EIN), the Joint Business Registration with the Department of Workforce Services, an unemployment insurance account from the first employee, workers compensation before the start date, a clean offer letter, Form I-9 by day three, the federal W-4 only, the new hire report within 20 days, posters, then onboarding.
Category
Updated
Oct
31
2026
Reading time
21min

The first Wyoming employer I walked through a first hire was an outfitter near Sheridan who had read that Wyoming has no state income tax and concluded there was nothing to register. He was half right. There is no withholding account, no state W-4, and no state revenue agency in the picture at all. There is also a registration he had not filed, a coverage determination he had not requested, and a start date three days away.

Wyoming compresses what other states spread across three agencies into a single department, and then attaches the sharpest deadline in the sequence to the piece founders assume is optional. Workers compensation here does not come from an insurance broker for most trades. It comes from a state fund, and the statute expects employers subject to the Act to hold a statement of coverage before work starts.

I built FirstHR after watching too many owners lose a hiring week to sequencing problems like that one. What follows is the Wyoming first hire in the order the work actually happens, from the federal identification number through the ninety day mark, with every number checked against the agency that publishes it.

Ryan Howard · First week
  • Sign the offer letter
  • Sign the employee handbook
  • Workplace Safety course
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Wyoming Hiring at a Glance: Every Deadline in One Place

Ten obligations attach to a Wyoming hire, and each has a trigger rather than a vague best practice. The list below is the whole sequence: the task, when it is due, what happens when it slips, and which agency owns it. Wyoming is unusual in that one department, the Department of Workforce Services (DWS), owns most of the list.

WhenDeadlineIf you miss itAgency
Get your federal EINBefore payrollBefore the first wage paymentNo payroll, no federal deposits, no state accountIRS
File the Joint Business RegistrationBefore work startsBefore work begins in WyomingNo statement of coverage and no determination of what you oweWY Department of Workforce Services
Open the unemployment insurance accountAt the first hireLiability attaches once a worker performs services for wagesLate quarterly wage reports and contributionsDWS Unemployment Insurance
Put workers compensation coverage in forceBefore Day 1Before work begins for an extrahazardous industry codeMisdemeanor exposure plus the full cost of an injury claimDWS Workers Compensation Division
Strip the non-compete out of the offerOffer stageAny agreement signed on or after July 1, 2025A void covenant and a negotiation you cannot enforceWyoming statute
Complete Form I-9Day 1 to Day 3Section 2 by the end of the third business day$288 to $2,861 per individual for paperwork violationsUSCIS / ICE
Collect Form W-4Before 1st paycheckBefore the first wage paymentWithholding as if the employee were single or married filing separately, with no adjustmentsIRS
File the new hire reportWithin 20 days20 days from the date of hireDelayed support enforcement and unemployment fraud detectionDWS
Post the state and federal noticesDay 1Before the employee starts workWage, safety, and discrimination exposureDWS / US Department of Labor
Run structured onboardingDay 1 to Day 90Ongoing through the first 90 daysNo fine, but this is where early turnover happensInternal

Two items deserve early attention because they are the ones out-of-state employers get wrong. Coverage has to be settled before work begins, and the registration that settles it is a review rather than a checkout page. Every other item on the list runs to the date shown beside it.

Step 1: Get Your Federal Employer Identification Number

The federal Employer Identification Number (EIN) comes first because the Wyoming registration screen asks for it. You apply online with the Internal Revenue Service, the session takes minutes, and the number is issued before you close the browser. There is no fee.

If you already formed an entity and received an EIN, you do not need a second one. If you have been running as a sole proprietor and filing under your Social Security number, you need one now, because payroll tax reporting cannot be done on a personal identification number.

Save the confirmation letter: the state application asks for the legal name exactly as the IRS recorded it, and a mismatch there is a common cause of a rejected registration.

Step 2: File the Wyoming Joint Business Registration

Wyoming requires any business performing work in the state, or hiring a Wyoming resident, to register with the Department of Workforce Services so the state can determine what coverage the business owes. The form that does this is the Joint Business Registration, filed through the state employer portal, and it opens both the workers compensation and the unemployment insurance sides of your account in one pass.

The registration is a determination request, not a purchase. You describe the business, the state classifies it under the North American Industry Classification System, and the department comes back with what your obligations actually are. Businesses based outside Wyoming complete the same registration plus an out-of-state questionnaire, so build in extra time for that second form.

AgencyTrigger
Federal EINInternal Revenue ServiceBefore any wage payment
Workers compensation accountDWS Workers Compensation DivisionBefore work begins in Wyoming
Unemployment insurance accountDWS Unemployment InsuranceThe first worker who performs services for wages
State income tax withholdingNo state revenue agency involvedNot applicable: Wyoming has no personal income tax
Good to know
What Wyoming Does Not Ask You to Open
There is no state income tax withholding account in Wyoming, because there is no personal income tax. That removes an entire agency from the sequence and one form from the new hire packet. The tradeoff is that unemployment contributions and workers compensation premiums carry the whole state-level cost of employing someone here.

Founders who have hired in a withholding state often treat the absence of a revenue registration as proof that Wyoming asks for nothing. That assumption is what produces a start date with no coverage determination behind it. File the joint registration in the same week you draft the offer.

Step 3: Open the Unemployment Insurance Account

Wyoming unemployment liability starts with the first employee, not with a dollar threshold. The Wyoming Employment Security Law defines an employer as any employing unit for whom a worker performs service as an employee, or one that acquires the organization, business or substantially all the assets of an employer already subject to the law. Agricultural labor and domestic service are defined separately and carry their own tests.

Once registered, you file quarterly wage and contribution reports. Contributions are calculated on a taxable wage base the department resets every year: employers pay on the first $34,900 of wages paid to each employee from January 1, 2027 ($33,800 through December 31, 2026). Budget for that number to climb annually.

Calendar yearWyoming taxable wage baseChange
2027$34,900Published in advance by DWS
2026$33,800Up from the prior year
2025$32,400Up from the prior year
2024$30,900Up from the prior year
2023$29,100Up from the prior year

New employers do not get a flat entry rate the way they do in many states. An employer with less than three years of experience is assigned a base rate calculated on its specific industry, and four additional rate factors are added on top to produce the total rate for the calendar year. An employer that submits a report before finishing registration is assigned the highest base rate available, which is 8.5 percent.

See who is on track and who is stuck
Active Onboardings lists every new hire in progress. Late items are marked, so you see them without messaging anyone.

Step 4: Settle Workers Compensation Before the Start Date

Wyoming runs a state fund, and this is the single largest difference between hiring here and hiring almost anywhere else. Coverage is not sold to you by a broker for most trades. Wyoming statute enumerates industry classifications as extrahazardous, meaning higher-risk work, and a business whose classification is on that list must carry coverage through the Workers Compensation Division of the Wyoming Department of Workforce Services before work begins.

Classifications that are not enumerated fall into optional coverage. Those employers may elect coverage through the Division or seek it from a private carrier. An election is all or nothing: an employer choosing optional Division coverage must cover all of its employees, and may withdraw only after the coverage has been in effect for at least two years and all required contributions and payments are current.

Warning
Coverage Is a Determination, Not a Checkbox
The Act expects employers subject to it to apply for coverage and receive a statement of coverage before starting work. Registration is required even when a business believes it is non-liable or optional, because the department is the one that makes the call. Knowingly failing to establish an account is a misdemeanor on a first conviction and a felony after that. An employer that has not qualified for coverage also loses the exclusive remedy protection, which means an injured worker can sue the business directly.

Injury reporting has its own clock once someone is on the payroll. The injured employee is expected to notify the employer within 72 hours, and the employer files the report of injury with the Division within 10 days. Put both numbers in your handbook now, because nobody reads the statute on the afternoon of an accident.

What worked for me
I ask for the coverage determination in writing and file it with the signed offer letter, the same way I file a certificate of insurance in a private carrier state. The determination is the document that tells you whether your classification is extrahazardous or optional, and it is the only thing that settles the question. Guessing from a list of industry codes is how a construction-adjacent business ends up uninsured on day one.
Nick AnisimovNick Anisimov, FirstHR founder

Step 5: Write a Job Ad and an Offer Letter That Hold Up

Wyoming imposes fewer pre-hire mandates than most states, and the ones it does impose are easy to trip over precisely because they are few. There is no state pay transparency statute, no state ban-the-box law for private employers, and no state salary history ban. What Wyoming does have is a discrimination statute with an unusually broad reach and a non-compete statute that took effect July 1, 2025.

The Wyoming Fair Employment Practices Act defines an employer as every person employing two or more employees in the state, well below the federal Title VII coverage threshold. It prohibits discrimination because of age, sex, race, creed, color, national origin, ancestry or pregnancy, and it protects qualified disabled persons, with the age provisions applying to people at least forty years old.

The two-employee threshold is low enough that a small team lands inside the state regime almost immediately, so the interview questions and the rejection notes matter from the beginning.

Pre-hire topicWyoming ruleWhat to do
Pay range in the adNo state disclosure mandatePublish a range anyway if you hire across state lines
Salary historyNo statewide banAsk for expectations rather than history
Criminal history on the applicationNo state ban-the-box for private employersMove the question to the post-offer stage as a practice
Discrimination law coverageFair Employment Practices Act from two employeesUse a structured interview and keep written notes
Non-compete clauseVoid for agreements signed on or after July 1, 2025, with exceptionsReplace with confidentiality and trade secret terms
At-will languageAt-will employment recognizedState it plainly in the offer letter and the handbook

The non-compete change is the one that invalidates old templates. Senate File 107, now Wyoming Statutes (W.S.) section 1-23-108, voids any covenant not to compete that restricts the right of a person to receive compensation for the performance of skilled or unskilled labor.

The law applies to contracts entered into on and after July 1, 2025, and it preserves exceptions for the sale of a business, trade secret protection, recovery of certain relocation, education and training expenses, and executive and management personnel.

Step 6: Complete Form I-9 by the Third Business Day

Every employer in the United States must verify identity and work authorization on Form I-9, and Wyoming adds nothing to the federal process. The employee completes Section 1 no later than the first day of work. You complete Section 2 by the end of the third business day after the start date, examining original documents the employee chooses from the list of acceptable documents.

You may not tell the employee which documents to present and you may not ask for more than the form requires. Federal civil penalties for paperwork violations run from $288 to $2,861 for each individual concerned under the Department of Justice inflation adjustment for penalties assessed after July 3, 2025, which the Justice Department left unchanged for 2026.

A technical or procedural failure on the form comes with a statutory correction window of at least 10 business days once the agency explains it. A substantive violation does not, which is why the distinction is worth understanding before an inspection notice arrives.

Tip
Store I-9 Forms Separately
Keep I-9 forms in their own file, apart from personnel records. The form can be inspected by federal agents, and a co-mingled file hands an inspector medical notes, discipline records, and pay data nobody asked for. Retain each form for three years from the date of hire or one year after employment ends, whichever is later.

Wyoming does not require E-Verify, the federal online system for confirming work eligibility. There is no state mandate for private employers and none for state contractors, so participation is voluntary unless a federal contract clause imposes it. The I-9 obligation stands either way.

Step 7: Collect Form W-4 and Skip the State Version

Wyoming has no personal income tax, so the federal Form W-4 is the only tax withholding certificate your new hire signs. There is no state equivalent to collect, no state allowances to reconcile, and no state reconciliation return at year end. This is the step where hiring in Wyoming is genuinely simpler than hiring in a withholding state.

Federal obligations do not shrink. You withhold federal income tax according to the W-4, withhold and match Social Security and Medicare, and pay federal unemployment tax.

If the employee never returns a W-4, the IRS tells you to withhold as if the employee were single or married filing separately with no other entries on the form, so collect the form as pre-start paperwork rather than day one paperwork.

DocumentWho completes itDeadlineWhere it goes
Form I-9 Section 1EmployeeBy the first day of workSeparate I-9 file
Form I-9 Section 2EmployerEnd of the third business daySeparate I-9 file
Form W-4EmployeeBefore the first paycheckPayroll records
State withholding certificateNot applicable in WyomingNo state income taxNothing to collect
Direct deposit authorizationEmployeeBefore the first paycheckPayroll records
Offer letter with at-will languageBoth parties signBefore the start datePersonnel file
Handbook acknowledgmentEmployeeFirst weekPersonnel file
Emergency contact and injury reporting instructionsEmployeeFirst weekPersonnel file

Collecting all of that on paper on the first morning is how a first day gets wasted. Everything in the table except Section 2 of the I-9 can be completed before the start date.

Step 8: File the New Hire Report Within Twenty Days

Wyoming statute (W.S. 27-1-115) requires each employer to furnish the Department of Workforce Services a report within 20 days of hiring a new employee. Employers transmitting reports electronically may instead file by two monthly transmissions, not less than 12 days nor more than 16 days apart.

The report carries the employee name, address, and Social Security number, the date services for pay were first performed, and the employer name, address, and identifying number. The statute allows the report to be made on an IRS-approved W-4 form or, if the employer chooses, an equivalent form approved by the department.

A worker counts as newly hired if the person has never worked for you or has been separated from you for at least 60 days, and the statute defines an employee here as an individual 18 or older.

Wyoming uses the data for child support enforcement and to catch benefit claims filed by people who have already gone back to work, which means the registry protects your unemployment account as well as the state budget. Twenty days sounds generous until the founder who owns the task is also covering a new employee through the first week.

Step 9: Post the Required State and Federal Notices

Wyoming publishes its labor law notices for free through the Department of Workforce Services, as one combined state poster in English and Spanish, so there is never a reason to buy a laminated compliance package. The poster itself says the state requires labor law to be displayed in a conspicuous location accessible to all employees, so post it where people actually gather: a break room, a shop entrance, or near the time clock.

One panel of that poster is newer than the rest. The department refreshed the state file in June 2025 and added a non-compete panel, which explains that Wyoming law voids most covenants signed on or after July 1, 2025 outside the exceptions for the sale of a business, trade secret protection, and executive-level personnel. The statute itself imposes no separate posting duty, but if your printed copy predates that refresh it is out of date.

Panel or noticeWhere it comes fromWho needs it
Health and Safety Protection on the JobWyoming combined poster, WY OSHA state planAll Wyoming employers
Wyoming Workers Compensation ActWyoming combined poster, DWSAll Wyoming employers
Wyoming Unemployment InsuranceWyoming combined poster, DWSAll Wyoming employers
Wyoming State Minimum WageWyoming combined poster, DWSAll Wyoming employers
Attention Employees and ApplicantsWyoming combined poster, DWSAll Wyoming employers
Non-compete clausesWyoming combined poster, added June 2025All Wyoming employers
Federal minimum wage, FMLA, and discrimination noticesSeparate federal poster file from DWSPer federal coverage rules
Federal and non-federal employee rights noticesSeparate downloads listed by DWSPer federal coverage rules

Because Wyoming operates its own occupational safety and health plan rather than deferring to federal inspectors, the safety notice and the inspection process both come from the state. Keep a digital copy of the full set accessible to remote employees who never see the wall in the shop.

Step 10: Onboard from Day One Through Day Ninety

Compliance gets the employee legally on payroll. Onboarding decides whether they stay. According to Gallup (2018), only 12 percent of employees strongly agree that their organization does a great job onboarding new employees, which is a low enough bar that a written plan puts you ahead of most employers competing for the same person.

In a state with a thin labor pool and long distances between towns, replacing a bad first hire costs far more than getting the first ninety days right.

1
Before Day 1
Send the offer with e-signature. Collect I-9 Section 1, the W-4, and direct deposit. Confirm the coverage determination is on file and the pay calendar is in writing.
2
Day 1
Complete I-9 Section 2 in person. Cover the role, the first project, the safety and injury reporting rules, and where the notices are posted.
3
Days 2 to 20
File the new hire report. Assign role training. Give the employee a written statement of what good looks like at day 30.
4
Day 30
First formal check-in against the written plan. Name the gaps out loud while they are still cheap to fix.
5
Day 60
Second check-in. The employee should be producing independently on the core work of the role.
6
Day 90
Formal review, compensation conversation if warranted, and a transition from onboarding into the regular performance cycle.

This is the part of the sequence software actually solves. In FirstHR, the offer goes out with built-in e-signature, the twenty day report sits on a task with a deadline, and the AI onboarding wizard builds a 30-60-90 day plan from the job description instead of leaving the founder to write one at midnight.

Form I-9 and the W-4 go on the new hire's first-day list as tasks, and the completed forms are kept in their employee file. The forms themselves are completed outside the platform, on the federal timeline that Steps 6 and 7 lay out.

Onboarding Templates
Sales Associate11 steps
Warehouse Foreman10 steps
Customer Service12 steps
Onboarding
Each new hire, set up in one go
Put tasks, documents to sign and courses into one plan, then send all of it with one launch.

Wyoming-Specific Rules That Change How You Run the Job

Wyoming sits at the employer-friendly end of the spectrum on wages and leave, and at an unusual place on coverage and restrictive covenants. These are the rules that change day-to-day operations rather than paperwork.

Tax
No state income tax and no state W-4
Wyoming levies no personal income tax, so there is no state withholding account to open and no state withholding certificate to collect. The federal W-4 is the only tax form your new hire signs.
Insurance
Workers compensation runs through a state fund
Businesses whose industry code is listed as extrahazardous buy coverage from the Workers Compensation Division of the Department of Workforce Services, not from a private carrier.
Discrimination law
Discrimination law starts at two employees
The Wyoming Fair Employment Practices Act reaches every employer with two or more employees in the state, far below the federal Title VII coverage threshold.
Non-competes
Most non-compete covenants are void
Senate File 107 voids covenants not to compete that restrict a person from earning compensation for labor, for contracts entered into on or after July 1, 2025, with narrow exceptions.
Wage
The state minimum wage is not indexed
Wyoming sets $5.15 an hour by statute and has not amended it since 2001. The federal rate governs employers covered by the Fair Labor Standards Act, and no Wyoming city or county has adopted a local wage floor.
Workplace safety
Wyoming runs its own OSHA program
Workplace safety is enforced by a state plan rather than by federal inspectors, and the Health and Safety Protection on the Job notice comes from the state rather than from Washington.
TopicWyoming ruleFederal floor
Minimum wage$5.15 per hour by statute, not indexed, with a $4.25 training wage for workers under 20 in their first 90 days$7.25 per hour, which governs covered employers
Tipped base wage$2.13 per hour above $30 a month in tips$2.13 per hour
State income tax withholdingNoneFederal withholding still applies
Paid sick leaveNo state mandateNo federal mandate
Workers compensationState fund, required for extrahazardous industry codesState matter, no federal mandate
Pay frequencySemimonthly for listed industries such as mines, refineries, and oil and gas workNo federal frequency rule
Final payWages due under the usual practice on regularly scheduled payroll datesNo federal deadline
Unpaid wage claimsCourt allows 18 percent annual interest plus fees and costs when the amount is establishedLiquidated damages under the FLSA
Anti-discrimination coverageFair Employment Practices Act from two employeesTitle VII at the federal coverage threshold
Non-compete covenantsVoid for agreements signed on or after July 1, 2025, with exceptionsNo federal statute in force

Two details deserve a second look. The pay frequency rule is industry-specific rather than universal: businesses operating a railroad, a mine, a refinery, work incidental to prospecting for or producing oil and gas, or another factory, mill, or workshop must pay first-half wages by the first of the month and second-half wages by the fifteenth, with agricultural operations exempt.

The second detail is final pay. While the Wyoming final-pay clock runs only until the next regular payday, the 18 percent interest the court adds to an established unpaid wage claim makes a sloppy last paycheck expensive.

What worked for me
Write the Wyoming rules into the handbook at the first hire rather than adopting a generic template and patching it later. At-will language, the injury reporting timeline, the pay calendar, and a confidentiality clause that replaces the old non-compete all have to exist in writing anyway. Building them into the employee handbook once means hires two and three cost you nothing extra.
Nick AnisimovNick Anisimov, FirstHR founder

Local Rules: What Wyoming Cities Add and What Public Works Contracts Demand

Wyoming municipalities do not layer their own employment mandates on private employers. No Wyoming city or county has adopted a local minimum wage, a paid sick leave ordinance, or a ban-the-box rule for private businesses. Whether you hire in Cheyenne, Casper, Gillette, or Jackson, the state rules are the whole picture.

The one genuine local-flavored requirement is not municipal at all. The Wyoming Preference Act of 1971 reaches anyone responsible for a public work, which the statute defines to include the construction, improvement, renovation or repair of a public building, facility, structure or system for the state or one of its political subdivisions, and it requires that Wyoming laborers be employed on the project.

RequirementWho is coveredDetail
Wyoming resident labor preferenceContractors on state and local public works projectsContracts must contain a provision requiring Wyoming labor and specific acknowledgment of the requirement
Who counts as a Wyoming laborerSame covered contractorsA US citizen or work-authorized person who has lived in Wyoming at least 90 days before applying for the job
Exception for unavailable laborSame covered contractorsNonresident laborers may be used only after written notice of the need goes to the nearest state workforce center and the center certifies the need cannot be filled
Certification response timeSame covered contractorsThe workforce center responds within 10 days of the written notice, or within 3 days for a certified emergency
Local minimum wageAll private employersNo Wyoming city or county has adopted one
Local paid sick leave rulesAll private employersNone in force anywhere in the state

If you never bid public work, the first four rows of that table do not reach you. If you do, the resident preference and the workforce center certification are contract conditions, and the acknowledgment language belongs in the bid documents rather than in a side letter.

Employee or Independent Contractor: Wyoming Adds a Substitution Test

Wyoming treats an individual who performs service for wages as an employee unless the business shows otherwise. For unemployment insurance purposes the state applies a three-part statutory test, and the third prong is the one that surprises people: the worker must be permitted to substitute another individual to perform the services.

ProngWhat you must showWhere small businesses fail
Free from controlThe worker is free from control or direction over the details of performance, by contract and in factSetting the hours, the location, and the method of the work
Holds out to the publicThe worker represents their services to the public as a self-employed individual or independent contractorNo other clients, no business entity, no marketing of their own
May substituteThe worker is permitted to send another individual to perform the servicesThe engagement is personal to the individual you hired and nobody else would be accepted

The department decides these questions on actual working conditions, not on the label in the agreement, so a signed contractor agreement proves very little on its own. A reclassification brings back contributions and interest, and it can expose you on the workers compensation side for a person you never covered.

When the analysis is close, classify as an employee. The cost of running someone through payroll correctly is always lower than a reclassification assessment.

Run the test on paper before the engagement starts, and keep the paper. A worksheet completed at the time is evidence of the actual working conditions. A worksheet reconstructed two years later, after a claim, is an argument. Write what you could show a reviewer rather than the conclusion you would like to reach.

Wyoming Three-Part Contractor Test Worksheet
WYOMING THREE-PART CONTRACTOR TEST WORKSHEET

[Company Name]
Internal record. Complete this before anyone is engaged as an independent
contractor for work performed in Wyoming, and file it with the signed agreement.
Write evidence, not conclusions. A blank line is a prong you cannot prove.
Worker or business name:
Work to be performed:
Engagement start: Expected end:
Completed by: Date:
PRONG 1: FREE FROM CONTROL OR DIRECTION

Both under the contract and in actual practice.
•Who decides the hours the work is done?
•Who decides the method and the sequence of the work?
•Who supplies the tools, equipment, and workspace?
•Is anyone here supervising the day to day work?
•Does the day to day practice match what the contract says about control?
Evidence we could put in front of a reviewer:
Prong met: [ ] Yes [ ] No [ ] Cannot prove it
PRONG 2: HOLDS THE SERVICES OUT TO THE PUBLIC

•Business entity name and registration, where one exists:
•Other clients during this period:
•How the services are marketed, such as a listing, a website, or bids:
•Own insurance, bond, or trade license held:
•Does the worker invoice, and in whose name?
Evidence:
Prong met: [ ] Yes [ ] No [ ] Cannot prove it
PRONG 3: PERMITTED TO SUBSTITUTE ANOTHER INDIVIDUAL

This is the prong small engagements fail. Answer it as it would actually play out.
•Does the agreement permit the worker to send someone else?
•Would we accept a substitute, or did we engage this specific person?
•Has a substitute ever been used on this or a prior engagement?
Prong met: [ ] Yes [ ] No [ ] Cannot prove it
CONCLUSION

All three prongs met and documented: [ ] Yes [ ] No
If any prong is a no, or cannot be proven, classify the worker as an employee.
Decision: [ ] Independent contractor [ ] Employee, run through payroll
Reason, one sentence:
Decided by: Date:
Re-run this worksheet when the arrangement changes. Next review:
FILED WITH THIS WORKSHEET

•[ ] Signed written agreement
•[ ] Completed Form W-9
•[ ] Certificate of insurance or license copies, where they exist
•[ ] Invoices, which should read as invoices rather than as timesheets

This worksheet records how a decision was made and is general information rather
than legal advice. The state makes its own determination on the actual working
conditions, so keep the record current and get advice when the answer is close.

The Five Mistakes That Cost Wyoming Employers the Most

These are the failures I see repeatedly, and every one of them is a timing problem rather than a knowledge problem. The owner knew the rule. The task simply did not have a date attached to it.

Letting the first employee start before the Division issues a statement of coverage
COST
Wyoming expects an employer subject to the Workers Compensation Act to hold a statement of coverage before the first day of work. Knowingly leaving the account unestablished is a misdemeanor on a first conviction and a felony on any later one, and an employer that never qualified for coverage loses the exclusive remedy protection, so the injured worker can sue it directly.
FIX
File the Joint Business Registration the same week you draft the offer letter. The Division has to review your industry code before it can tell you whether your coverage is required or elective, and that review is not instant.
Reading “no state income tax” as “no state registration”
COST
Wyoming has no personal income tax, which is exactly why founders assume there is nothing to file. The unemployment insurance account and the workers compensation account are separate obligations, and the state assigns the highest base rate of 8.5 percent to an employer that files a report before completing registration.
FIX
Treat the Joint Business Registration as step two of the sequence, right after the federal EIN. One online form at the Department of Workforce Services opens both state accounts.
Missing the 20-day new hire report
COST
The report feeds child support enforcement and unemployment fraud detection, and the obligation sits in statute rather than in guidance. Employers that never file also lose the fraud protection the registry provides when a former employee keeps drawing benefits.
FIX
File the report the same afternoon you finish the I-9. It needs the employee name, address, and Social Security number, the date services for pay were first performed, and your business name, address, and identifying number.
Reusing an old offer letter with a non-compete clause in it
COST
For agreements entered into on or after July 1, 2025, a covenant not to compete that restricts a person from receiving compensation for the performance of labor is void in Wyoming. A void clause cannot be enforced, and it also tells a candidate that your paperwork is out of date.
FIX
Rewrite the template around the exceptions the statute preserves: protection of trade secrets, recovery of certain relocation and training expenses, the sale of a business, and agreements with executive and management personnel.
Calling the first worker a contractor because the schedule is part-time
COST
Wyoming treats an individual who performs service for wages as an employee unless the business proves otherwise, and the test includes a substitution prong most small business arrangements fail. A reclassification brings back contributions, interest, and workers compensation exposure for someone you never covered.
FIX
Run the three-part test in writing before you sign anything. If you control the details, if the person does not hold themselves out to the public as an independent business, or if they cannot send a substitute, they are an employee.

The pattern behind all five is that Wyoming attaches obligations to events, not to growth. Coverage attaches to a start date. The report attaches to the date of hire. The non-compete rule attaches to the date the agreement is signed. A small business without a dedicated HR person needs those events wired to reminders, because nobody remembers them during a hiring week.

Wyoming is also an at-will employment state, which some owners read as permission to be casual about documentation. The opposite is true. With a discrimination statute that starts at two employees and an unpaid wage claim that carries 18 percent interest plus fees, the paper trail is what makes at-will status defensible.

Set up your next new hire in FirstHR
4.7 on G2
Offer LetterSigned
Welcome courseCompleted
Key takeaways
1One agency owns most of the Wyoming sequence: the Department of Workforce Services handles the Joint Business Registration, unemployment insurance, workers compensation, and new hire reporting.
2Wyoming has no personal income tax, so there is no state withholding account and no state W-4, but that is not a reason to skip the state registration.
3Workers compensation runs through a state fund, and businesses whose industry classification is enumerated as extrahazardous must hold coverage before work begins.
4Unemployment liability attaches as soon as a worker performs services for wages, contributions apply to the first $34,900 of wages paid to each employee from January 1, 2027 ($33,800 through December 31, 2026), and an employer that reports before completing registration is assigned the highest base rate of 8.5 percent.
5The new hire report is due to the Department of Workforce Services within 20 days of the date of hire, with an electronic alternative of two monthly transmissions 12 to 16 days apart.
6The state minimum wage is $5.15 an hour and is not indexed, and covenants not to compete signed on or after July 1, 2025 are void outside narrow exceptions, a change the state added to its combined labor law poster in June 2025.

Frequently Asked Questions

Do I need to register with the state before hiring my first employee in Wyoming?

Yes. A business that does work in Wyoming, or hires a Wyoming resident, must register with the Department of Workforce Services, which uses the registration to decide what coverage you owe. One online form, the Joint Business Registration, submitted through the state employer portal, covers both workers compensation and unemployment insurance. A business based outside the state fills in the same form and adds an out-of-state questionnaire. There is no state income tax withholding account to open, because Wyoming levies no personal income tax. Most first-time employers get the federal Employer Identification Number first and then submit the registration that same week, well ahead of the start date.

What is the deadline to report a new hire in Wyoming?

Twenty days. State law gives an employer 20 days from the date of hire to send the Department of Workforce Services a new hire report. An employer that files electronically has a second option: two monthly transmissions, spaced at least 12 and at most 16 days apart. Each report lists the employee’s name, address, and Social Security number, the date the person first performed services for pay, and the employer’s name, address, and identifying number. The report can be made on an IRS-approved W-4, or on an equivalent form the department approves. The state uses the information to enforce child support and to flag benefit claims from people who are already working again.

Is workers compensation insurance required in Wyoming for one employee?

It depends on your industry code, not on how many people you employ. Wyoming law lists certain industry classifications as extrahazardous, and a business in one of them must have coverage from the state Workers Compensation Division, part of the Department of Workforce Services, in place before work begins. Every other classification is optional: the employer can choose Division coverage or buy a policy from a private carrier. Choosing Division coverage is all or nothing, since it has to include every employee, and the employer cannot withdraw until the coverage has run for at least two years and all contributions are paid up. Register in either case, because the department decides which category you fall in.

What is the minimum wage in Wyoming and does it go up every year?

No, it does not move. Wyoming sets a state minimum wage of $5.15 an hour by statute, and the rate has not been amended since 2001. It is not indexed to inflation and no annual adjustment is scheduled. In practice the federal minimum of $7.25 an hour governs, because most employers fall under the Fair Labor Standards Act and the higher of the two rates applies. The state tipped rate is $2.13 an hour for employees who customarily receive more than $30 a month in tips, and the employer makes up the difference whenever tips fall short of the applicable full minimum. Wyoming also allows a training wage of $4.25 an hour for employees under 20 during their first 90 consecutive days. No Wyoming city or county has adopted its own wage floor.

Does Wyoming have a state income tax or a state W-4?

No to both. Wyoming imposes no personal income tax, which means there is no state wage withholding, no state withholding account to register, and no state version of the W-4. Your new hire signs the federal Form W-4 and nothing else on the tax side. That does not make Wyoming payroll free of obligations: you still withhold federal income tax, Social Security, and Medicare, still pay the employer share plus federal unemployment tax, and still pay state unemployment contributions, which from January 1, 2027 apply to the first $34,900 a worker earns in the year ($33,800 through December 31, 2026). Wyoming also has no state disability insurance program and no state paid family leave payroll deduction.

Does Wyoming require E-Verify?

No. No Wyoming law makes private employers use E-Verify, and state contractors are not required to use it either. Using the system is a choice unless a federal contract includes a clause that demands it. Federal law still requires a Form I-9 for every new hire in the state. The employee completes Section 1 on or before the first day of work, and you complete Section 2 by the end of the third business day after the start date. Keep the forms in a file apart from personnel records, and hold each one for three years after the hire date or one year after employment ends, whichever comes later.

Can I still use a non-compete agreement in Wyoming?

Usually not. Senate File 107 was signed in March 2025 and took effect July 1, 2025. Under it, a covenant not to compete that restricts a person’s right to be paid for performing labor is void in Wyoming. It reaches only contracts entered into on or after that date and leaves earlier agreements alone. The statute keeps several exceptions: covenants tied to the sale of a business, agreements that protect trade secrets, provisions that recover certain relocation, education, and training expenses, and agreements with executive and management personnel and their professional staff. Because the law does not define executive or management, read that exception narrowly and rely on confidentiality terms instead.

How does Wyoming decide whether a worker is an employee or an independent contractor?

Wyoming presumes that an individual who performs service for wages is an employee unless the business shows otherwise. For unemployment insurance the state uses a three-part statutory test. First, the worker must be free of control or direction over the details of the work, both under the contract and in actual practice. Second, the worker must offer the services to the public as a self-employed individual or independent contractor. Third, the worker must be allowed to send another individual to do the work. Small businesses most often fail the third prong, because the engagement is usually personal to the person hired. The department looks at how the work actually happens, not at what the agreement calls it, so a signed contractor agreement settles very little by itself.

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