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
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
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
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
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
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
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
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.
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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.