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.
How to Hire Employees in Wyoming
The first hire compliance sequence for small businesses without an HR department
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. If this is your first hire anywhere, pair it with our general guide to hiring your first employee.
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 owns most of the list.
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. Everything else can be handled in the first two weeks.
Step 1: Get Your Federal Employer Identification Number
The federal Employer Identification Number 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.
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: for calendar year 2026 employers pay on the first $33,800 of each employee wages, up from $32,400 in 2025, and the department has already published $34,900 for 2027. Budget for that number to climb annually.
| Calendar year | Wyoming taxable wage base | Change |
|---|---|---|
| 2027 | $34,900 | Published in advance by DWS |
| 2026 | $33,800 | Up from the prior year |
| 2025 | $32,400 | Up from the prior year |
| 2024 | $30,900 | Up from the prior year |
| 2023 | $29,100 | Up 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. Our explainer on state unemployment tax covers how experience rating works once you have a claims history.
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, 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.
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.
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. That 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 topic | Wyoming rule | What to do |
|---|---|---|
| Pay range in the ad | No state disclosure mandate | Publish a range anyway if you hire across state lines |
| Salary history | No statewide ban | Ask for expectations rather than history |
| Criminal history on the application | No state ban-the-box for private employers | Move the question to the post-offer stage as a practice |
| Discrimination law coverage | Fair Employment Practices Act from two employees | Use a structured interview and keep written notes |
| Non-compete clause | Void for agreements signed on or after July 1, 2025, with exceptions | Replace with confidentiality and trade secret terms |
| At-will language | At-will employment recognized | State it plainly in the offer letter and the handbook |
The non-compete change is the one that invalidates old templates. Senate File 107, now W.S. 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, for contracts entered into on and after July 1, 2025, while preserving exceptions for the sale of a business, trade secret protection, recovery of certain relocation, education and training expenses, and executive and management personnel. Our guide to the non-compete agreement covers what still works, and job posting requirements covers the disclosure language other states expect.
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 published July 2025, which the department left unchanged for 2026. A technical or procedural failure 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.
Wyoming does not require E-Verify. 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, and our primer on work authorization explains the document categories in more detail.
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 with no other entries on the form, so treat it as pre-start paperwork rather than day one paperwork.
| Document | Who completes it | Deadline | Where it goes |
|---|---|---|---|
| Form I-9 Section 1 | Employee | By the first day of work | Separate I-9 file |
| Form I-9 Section 2 | Employer | End of the third business day | Separate I-9 file |
| Form W-4 | Employee | Before the first paycheck | Payroll records |
| State withholding certificate | Not applicable in Wyoming | No state income tax | Nothing to collect |
| Direct deposit authorization | Employee | Before the first paycheck | Payroll records |
| Offer letter with at-will language | Both parties sign | Before the start date | Personnel file |
| Handbook acknowledgment | Employee | First week | Personnel file |
| Emergency contact and injury reporting instructions | Employee | First week | Personnel 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 signed electronically before the start date. Our checklist of new hire paperwork covers the full federal set, and payroll taxes by state shows how Wyoming compares.
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, at the employer option, an equivalent form approved by the department. It counts a worker as newly hired if the person has never worked for you or has been separated from you for at least 60 days, and it 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 the new employee 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 notice | Where it comes from | Who needs it |
|---|---|---|
| Health and Safety Protection on the Job | Wyoming combined poster, WY OSHA state plan | All Wyoming employers |
| Wyoming Workers Compensation Act | Wyoming combined poster, DWS | All Wyoming employers |
| Wyoming Unemployment Insurance | Wyoming combined poster, DWS | All Wyoming employers |
| Wyoming State Minimum Wage | Wyoming combined poster, DWS | All Wyoming employers |
| Attention Employees and Applicants | Wyoming combined poster, DWS | All Wyoming employers |
| Non-compete clauses | Wyoming combined poster, added June 2025 | All Wyoming employers |
| Federal minimum wage, FMLA, and discrimination notices | Separate federal poster file from DWS | Per federal coverage rules |
| Federal and non-federal employee rights notices | Separate downloads listed by DWS | Per 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. Gallup research has found that only 12 percent of employees strongly agree their organization does a great job of 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.
This is the part of the sequence software actually solves. In FirstHR, the offer goes out with built-in e-signature, the eligibility and tax forms come back before the start date, the twenty day report sits on a task with a reminder, 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.
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.
| Topic | Wyoming rule | Federal 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 withholding | None | Federal withholding still applies |
| Paid sick leave | No state mandate | No federal mandate |
| Workers compensation | State fund, required for extrahazardous industry codes | State matter, no federal mandate |
| Pay frequency | Semimonthly for listed industries such as mines, refineries, and oil and gas work | No federal frequency rule |
| Final pay | Wages due under the usual practice on regularly scheduled payroll dates | No federal deadline |
| Unpaid wage claims | Court allows 18 percent annual interest plus fees and costs when the amount is established | Liquidated damages under the FLSA |
| Anti-discrimination coverage | Fair Employment Practices Act from two employees | Title VII at the federal coverage threshold |
| Non-compete covenants | Void for agreements signed on or after July 1, 2025, with exceptions | No 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. And while Wyoming sets no hard final-pay clock, the 18 percent interest the court adds to an established unpaid wage claim makes a sloppy last paycheck expensive. Our guide to the final paycheck for a terminated employee walks through the mechanics.
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, a scheduling 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.
| Requirement | Who is covered | Detail |
|---|---|---|
| Wyoming resident labor preference | Contractors on state and local public works projects | Contracts must contain a provision requiring Wyoming labor and specific acknowledgment of the requirement |
| Who counts as a Wyoming laborer | Same covered contractors | A US citizen or work-authorized person who has lived in Wyoming at least 90 days before applying for the job |
| Exception for unavailable labor | Same covered contractors | Nonresident 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 time | Same covered contractors | The workforce center responds within 10 days of the written notice, or within 3 days for a certified emergency |
| Local minimum wage | All private employers | No Wyoming city or county has adopted one |
| Local paid leave or scheduling rules | All private employers | None in force anywhere in the state |
If you never bid public work, none of that reaches 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. Our comparison of paid sick leave laws by state shows how far Wyoming sits from the states that do regulate leave locally.
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.
| Prong | What you must show | Where small businesses fail |
|---|---|---|
| Free from control | The worker is free from control or direction over the details of performance, by contract and in fact | Setting the hours, the location, and the method of the work |
| Holds out to the public | The worker represents their services to the public as a self-employed individual or independent contractor | No other clients, no business entity, no marketing of their own |
| May substitute | The worker is permitted to send another individual to perform the services | The 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, and our comparison of employee versus contractor status lays out the federal and state tests side by side.
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.
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.
Frequently Asked Questions
Do I need to register with the state before hiring my first employee in Wyoming?
Yes. Any business performing work in Wyoming or hiring a Wyoming resident has to register with the Department of Workforce Services so the state can determine what coverage it owes. Wyoming folds two obligations into one online form called the Joint Business Registration, filed through the state employer portal: workers compensation and unemployment insurance. Out-of-state businesses complete the same registration plus an out-of-state questionnaire. What Wyoming does not ask for is a state income tax withholding account, because the state levies no personal income tax. Most first-time employers open the federal EIN first, then file the joint registration in the same week, well before the start date.
What is the deadline to report a new hire in Wyoming?
Twenty days. Wyoming statute requires each employer to furnish the Department of Workforce Services a report within 20 days of hiring a new employee. Employers transmitting 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 an equivalent form approved by the department. Wyoming uses the data for child support enforcement and to catch benefit claims filed by people who have already returned to work.
Is workers compensation insurance required in Wyoming for one employee?
It depends on your industry code, not on your headcount. Wyoming statute enumerates industry classifications as extrahazardous, and a business in one of those classifications must carry coverage through the Workers Compensation Division of the Department of Workforce Services before work begins. Classifications that are not enumerated fall into optional coverage, and those employers may elect coverage through the Division or seek it from a private carrier. An employer that elects optional coverage must cover all of its employees rather than a subset, and may withdraw only after the coverage has been in effect for at least two years and all contributions are current. Register either way, because the department makes the determination.
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 on the first $33,800 of each employee wages in 2026. Wyoming also has no state disability insurance program and no state paid family leave payroll deduction.
Does Wyoming require E-Verify?
No. Wyoming has no state law requiring private employers to use E-Verify, and it does not impose the system on state contractors either. Participation is voluntary unless a federal contract clause requires it. Every Wyoming employer still has to complete Form I-9 for each new hire under federal law: the employee finishes Section 1 no later than the first day of work, and the employer completes Section 2 by the end of the third business day after the start date. Store I-9 forms separately from personnel records, and retain each one for three years from the date of hire or one year after employment ends, whichever is later.
Can I still use a non-compete agreement in Wyoming?
Usually not. Senate File 107, signed in March 2025 and effective July 1, 2025, makes any covenant not to compete that restricts the right of a person to receive compensation for the performance of labor void in Wyoming. The law applies to contracts entered into on or after the effective date and does not disturb agreements signed earlier. The statute preserves several exceptions: covenants tied to the sale of a business, agreements protecting trade secrets, provisions recovering certain relocation, education, and training expenses, and agreements with executive and management personnel and their professional staff. The law does not define executive or management, so treat that exception narrowly and lean on confidentiality terms instead.
How does Wyoming decide whether a worker is an employee or an independent contractor?
An individual who performs service for wages is an employee unless the business shows otherwise. For unemployment insurance the state applies a three-part statutory test: the worker must be free from control or direction over the details of performing the services, both by contract and in fact; must represent their services to the public as a self-employed individual or independent contractor; and must be permitted to substitute another individual to perform the services. The substitution prong is the one small businesses miss, because most engagements are personal to the individual hired. The department makes determinations based on actual working conditions rather than on the label in the agreement, so a signed contractor agreement proves very little on its own.