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Wyoming Non-Compete Agreement

Wyoming voids employee non-compete agreements that restrict skilled or unskilled labor under Statute 1-23-108, effective July 2025. Attorney review available.

Introduction

Compensation for skilled or unskilled labor is exactly what Wyoming Statute 1-23-108 shields: since July 1, 2025, any covenant not to compete that restricts a person's right to earn that compensation is void. That one sentence rewrote non-compete practice across the state. In practical terms, an ordinary employee non-compete signed on or after that date will not be enforced anywhere in Wyoming. Strip away the label and a non-compete is just a promise, usually from a departing worker, to stay out of a rival business for a fixed stretch of time and a fixed patch of territory once the working relationship ends. Because Wyoming Statute 1-23-108 carries no retroactive reach, it bites only on contracts entered on or after July 1, 2025; anything older answers to Wyoming common law instead. Four openings survive the statute: selling or buying a business or its assets; guarding trade secrets as defined by Wyoming Statute 6-3-501(a)(xi); binding executive and management personnel, officers, and their professional staff; and clawing back relocation, education, and training expenses on a schedule that tracks length of service. Physicians receive a carve-out of their own, because any non-compete that fences off a physician's right to practice medicine after departure is void. One thing Wyoming pointedly omits is a salary line: the executive-and-management opening rides on what the worker does, never on what the worker is paid, so importing another state's dollar cutoff is a mistake here. Should a covenant land inside an exception, Wyoming courts still measure it against the common-law reasonableness test, and after Hassler v. Circle C Resources (2022) they flatly refuse to blue-pencil an overbroad restraint, so an unreasonable one falls whole rather than shrinking to fit. The pages below map Wyoming's rule and supply a template confined to the situations where a non-compete remains lawful here. Read it as a survey of state law, not assurance that a particular clause will survive.

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Key Things to Know

  1. 1

    Wyoming Statute 1-23-108, effective July 1, 2025, voids any covenant not to compete that restricts a person's right to receive compensation for skilled or unskilled labor. A non-compete signed on or after that date to bind an ordinary employee is unenforceable in Wyoming unless it fits a statutory exception.

  2. 2

    A non-compete is a contract in which one party, usually an employee, agrees not to compete with a business for a set time and area after the relationship ends. Because Wyoming Statute 1-23-108 is not retroactive, it reaches only contracts entered on or after July 1, 2025; earlier agreements are judged under Wyoming common law.

  3. 3

    Wyoming keeps non-competes lawful in four situations: the sale or purchase of a business or its assets; protection of trade secrets as defined by Wyoming Statute 6-3-501(a)(xi); executive and management personnel, officers, and their professional staff; and recovery of relocation, education, and training expenses on a schedule tied to length of service.

  4. 4

    Unlike states that set a pay cutoff, Wyoming attaches no salary or income threshold to non-compete validity. Enforceability turns on job duties, not earnings: the statute permits covenants for executive and management personnel, officers, and their professional staff. Do not import another state's wage floor for a Wyoming worker.

  5. 5

    Wyoming voids any non-compete that restricts a physician's right to practice medicine after leaving, while the rest of the agreement can stand. Separately, courts in Wyoming will not blue-pencil an overbroad covenant: the Wyoming Supreme Court refused to rewrite one in Hassler v. Circle C Resources (2022), so an unreasonable restraint is usually void in full.

  6. 6

    Where a non-compete is permitted, courts in Wyoming generally require it to be reasonable, no broader than necessary to protect a legitimate business interest and reasonable in duration and geographic scope; Wyoming fixes no maximum time or mileage. The statute imposes no advance-notice-before-signing period, but under Wyoming common law the covenant must rest on valid consideration.

  7. 7

    With general-employee non-competes void, Wyoming employers guard confidential information through a confidentiality or non-disclosure agreement and trade-secret law. Wyoming Statute 1-23-108 expressly preserves covenants that protect trade secrets as defined by Wyoming Statute 6-3-501(a)(xi).

Key decisions before you file

Before you file a Non-Compete Agreement in Wyoming, a few decisions shape the document: which option to choose and what each one means. The Non-Compete Agreement guide walks through them.

Open the Non-Compete Agreement guide

Customize your Non-Compete Agreement Template with DocDraft

WYOMING COVENANT NOT TO COMPETE (Enforceable only within a Wyoming Statute 1-23-108 exception)

WYOMING NOTICE FIRST: Since July 1, 2025, Wyoming Statute 1-23-108 has made VOID any covenant not to compete that restricts a person's right to receive compensation for skilled or unskilled labor. Do NOT use this form as an ordinary employee non-compete. Wyoming allows a non-compete only for the purchase or sale of a business or its assets; to protect trade secrets as defined by Wyoming Statute 6-3-501(a)(xi); for executive and management personnel, officers, and their professional staff; or to recover relocation, education, and training expenses on a tiered schedule. A non-compete that restricts a physician's right to practice medicine is void. Because Wyoming courts will not blue-pencil an overbroad covenant, the scope below must be reasonable from the start.

  1. PARTIES. This Covenant Not to Compete is made on [DATE] between [COMPANY OR BUYER NAME] (Company) and [SELLER OR EXECUTIVE NAME] (Covenantor).

  2. PERMITTED BASIS (Wyoming Statute 1-23-108). The parties confirm this covenant rests on a permitted basis: [ ] the purchase or sale of the business or assets of [BUSINESS NAME]; [ ] the Covenantor's role as executive or management personnel, officer, or professional staff; [ ] protection of the Company's trade secrets as defined by Wyoming Statute 6-3-501(a)(xi). The covenant is ancillary to that basis.

  3. COVENANT. The Covenantor agrees not to carry on or engage in a similar business that competes with the Company within [SPECIFIED GEOGRAPHIC AREA reasonably tied to where the Company operates]. The restraint reaches only the line of business the Company actually conducts and the area where it holds customers or goodwill, and it does not limit the ordinary skill or general experience the Covenantor may use elsewhere.

  4. DURATION. This covenant runs for [REASONABLE PERIOD no longer than necessary to protect the Company's legitimate business interest], within the geographic area stated above. The parties intend a restraint that a Wyoming court would find reasonable.

  5. TRADE SECRETS AND CONFIDENTIALITY. The Covenantor will not use or disclose the Company's confidential information or trade secrets, as defined by Wyoming Statute 6-3-501(a)(xi). This duty stands apart from the covenant above and survives the end of the relationship.

  6. CONSIDERATION. The Covenantor receives [PURCHASE PRICE, EMPLOYMENT, PROMOTION, OR OTHER VALUE] in exchange for this covenant.

  7. SEVERABILITY AND GOVERNING LAW. Wyoming law governs this agreement. Because Wyoming courts do not narrow an overbroad restraint, the parties have written the scope above to be reasonable; if a court finds the covenant unreasonable, it is void to that extent.

[COMPANY OR BUYER NAME] [SELLER OR EXECUTIVE NAME]

Signature and date Signature and date

Reminder: Wyoming voids general-employee non-competes that restrict skilled or unskilled labor under Wyoming Statute 1-23-108, and it voids physician non-competes. The lawful uses are a business sale, trade-secret protection, executive and management roles, and expense recovery. Confirm your situation fits an exception, and keep the duration and area reasonable, before using any non-compete in Wyoming. For the generic template and other states, see the full Non-Compete Agreement template hub.

Wyoming Requirements for Non-Compete Agreement

Employee Non-Competes Are Void

Effective July 1, 2025, Wyoming Statute 1-23-108 makes void any covenant not to compete that restricts a person's right to receive compensation for skilled or unskilled labor. An ordinary employee non-compete entered on or after that date is unenforceable in Wyoming unless it fits a statutory exception.

No Income Threshold

Wyoming has no salary or income threshold that makes a non-compete enforceable. Validity does not turn on the worker's pay. The statute instead permits non-competes for executive and management personnel, officers, and their professional staff based on job duties. Do not rely on any other state's salary figure when the worker is in Wyoming.

The 2025 Statute Is Not Retroactive

Wyoming Statute 1-23-108 applies to contracts entered into on or after July 1, 2025 and is not retroactive. A non-compete signed before that date is judged under Wyoming common law, which requires the restraint to be reasonable in duration, geography, and protectable interest.

Permitted Exceptions

Wyoming permits a non-compete in four situations: the purchase or sale of a business or its assets; provisions that protect trade secrets as defined by Wyoming Statute 6-3-501(a)(xi); executive and management personnel, officers, and their professional staff; and agreements to recover relocation, education, and training expenses on a schedule that decreases with length of service.

Physician Non-Competes Are Void

Wyoming Statute 1-23-108 voids any non-compete provision that restricts a physician's right to practice medicine after the employment, partnership, or corporate relationship ends, though other provisions of the agreement can remain enforceable. A departing physician may notify patients, including those with rare disorders, of the physician's continued practice and new contact information.

Courts Will Not Blue-Pencil

Courts in Wyoming generally will not narrow or rewrite an overbroad covenant to save it. In Hassler v. Circle C Resources (2022 WY 28) the Wyoming Supreme Court rejected the blue-pencil doctrine, so an unreasonable non-compete is usually void in its entirety. Employers must draft a narrow, reasonable restraint from the outset.

Reasonableness Still Applies

For a non-compete that fits an exception or predates July 1, 2025, courts in Wyoming generally require the restraint to be reasonable: no greater than necessary to protect a legitimate business interest, reasonable in duration and geographic scope, supported by valid consideration, and not injurious to the public. Wyoming sets no fixed maximum time or mileage.

Federal FTC Rule Is Not in Force

The 2024 Federal Trade Commission non-compete rule was set aside by a federal court before it took effect, so it is not currently binding, and its status remains unsettled. Wyoming does not depend on it: Wyoming Statute 1-23-108 independently voids general-employee non-competes in Wyoming regardless of what happens with the federal rule.

Frequently Asked Questions

Not against a rank-and-file employee. The controlling rule is Wyoming Statute 1-23-108, in force since July 1, 2025, which voids any covenant not to compete that restricts a person's right to receive compensation for skilled or unskilled labor. A standard employee non-compete dated on or after that day therefore carries no force in Wyoming. Enforceability survives in only four pockets: the sale of a business, protection of trade secrets, executive and management roles, and recovery of training or relocation costs.

Wyoming pins down no maximum term at all. Where a covenant qualifies for an exception, the only yardstick Wyoming courts apply is reasonableness: the duration and the geographic reach may run no wider than a legitimate business interest requires. For a general-employee non-compete the question of length never even arises, because Wyoming Statute 1-23-108 voids the restraint on skilled or unskilled labor no matter how short the clock is set.

Exactly four. Wyoming Statute 1-23-108 keeps a covenant lawful for the purchase or sale of a business or its assets; for protecting trade secrets as defined by Wyoming Statute 6-3-501(a)(xi); for executive and management personnel, officers, and their professional staff; and for recouping relocation, education, and training expenses on a schedule that shrinks as service lengthens. Step outside those four and any covenant restricting skilled or unskilled labor collapses as void.

As a rule, no. Wyoming Statute 1-23-108 reaches forward only, governing contracts entered on or after July 1, 2025, with no retroactive bite. A non-compete predating that line answers instead to Wyoming common law, which tests the restraint for reasonable duration, geography, and protectable interest. Even so, the outcome can match, because Wyoming courts refuse to rewrite an overbroad covenant, so an unreasonable pre-2025 restraint usually falls anyway.

Frequently, yes. Executive and management personnel, officers, and the professional staff who serve them sit inside the exception that Wyoming Statute 1-23-108 preserves. What matters is the worker's actual duties, not a paycheck figure, and because the statute never defines these titles, the dividing line can wind up before a judge. Even against a genuine executive, a Wyoming court still insists the covenant stay reasonable in time and territory.

By reaching for a confidentiality or non-disclosure agreement anchored in trade-secret law. Wyoming Statute 1-23-108 leaves intact a covenant to the extent it shields trade secrets as defined by Wyoming Statute 6-3-501(a)(xi). That route locks down confidential information and customer data without dictating where a former employee may next work, which is precisely why it holds up in Wyoming even as a general-employee non-compete would be struck down.

No. A physician subsection of Wyoming Statute 1-23-108 voids any non-compete provision that restricts a physician's right to practice medicine once an employment, partnership, or corporate relationship ends. The balance of the agreement may still stand, and a departing physician stays free to inform patients, including those living with rare disorders, that the physician continues to practice and where they can now be found.

No. Back in 2024 the Federal Trade Commission finalized a rule meant to ban most non-competes across the country, but a federal court set it aside before the effective date, and its footing has stayed uncertain ever since. For Wyoming the outcome is beside the point, because Wyoming Statute 1-23-108 already voids general-employee non-competes within the state entirely on its own authority.