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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

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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.

Frequently Asked Questions

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