Hiring New Employees in Wyoming: A Legal Guide

Develop a clear job description that outlines the position's responsibilities, required qualifications, and compensation. Ensure the job posting complies with Wyoming's equal employment opportunity laws and doesn't contain discriminatory language.

Create an application form that collects necessary information from candidates while complying with Wyoming employment laws. Avoid questions about age, race, religion, national origin, disability, or other protected characteristics. Include authorization for reference checks and verification of employment history.

Review applications, conduct interviews, and select the most qualified candidate. Ensure interview questions comply with anti-discrimination laws and focus on job-related qualifications and skills.

Create a form that obtains the candidate's consent to conduct background checks, including criminal history, credit checks (if relevant to the position), and verification of education and employment history. Wyoming follows federal FCRA (Fair Credit Reporting Act) requirements for background checks.

After receiving signed authorization, conduct appropriate background checks in compliance with federal and Wyoming state laws. Wait for results before proceeding with the final job offer.

Draft an offer letter that includes the position title, start date, compensation, benefits, employment classification (full-time, part-time, exempt, non-exempt), and any contingencies (such as background check results or drug testing). Wyoming is an at-will employment state, so include language confirming this status unless you intend to create a contract for a specific term.

If the position requires a formal employment contract beyond an offer letter, draft a contract that clearly outlines terms of employment, duties, compensation, benefits, termination conditions, and any special provisions. Note that most Wyoming employment is at-will, but contracts may be used for executive positions, specialized roles, or fixed-term employment.

Draft an NDA to protect your company's confidential information and trade secrets. Ensure the agreement is reasonable in scope and duration to be enforceable under Wyoming law.

If necessary for the position, draft a non-compete agreement. In Wyoming, non-compete agreements must be reasonable in geographic scope, duration, and protected business interests to be enforceable. Consider whether this is truly necessary as courts may scrutinize these agreements carefully.

Ensure your employee handbook is current with all Wyoming and federal employment laws. Include policies on anti-discrimination, harassment, leave, benefits, workplace safety, and other important topics. The handbook should clearly state it is not a contract and doesn't alter the at-will employment relationship.

Compile all necessary forms for employee benefits enrollment, including health insurance, retirement plans, and any other benefits offered. Include clear explanations of waiting periods and enrollment deadlines.

Create a form for employees to authorize direct deposit of their paychecks. Include fields for bank account and routing numbers, and specify the timing of deposits.

Create a form to collect emergency contact information from the new employee. This should include multiple contacts and any relevant medical information the employee wishes to share.

If this is your first employee, register with the Wyoming Department of Workforce Services for unemployment insurance. All employers in Wyoming must register within 30 days of hiring their first employee.

Wyoming law requires all employers to have workers' compensation insurance. Contact the Wyoming Department of Workforce Services to ensure compliance with workers' compensation requirements before the employee starts work.

Establish a payroll system that complies with Wyoming and federal wage and hour laws. Wyoming has no state income tax, but you'll need to withhold federal income tax, Social Security, and Medicare taxes.

Federal law requires all employers to verify employment eligibility using Form I-9 within 3 days of hire. The employee must complete Section 1 on their first day, and you must complete Section 2 after reviewing their identity and employment authorization documents.

Have the new employee complete the federal W-4 form to determine federal income tax withholding. Keep this form in the employee's file.

Wyoming law requires employers to report all new hires to the Wyoming Department of Family Services within 20 days of hire. This can be done online through the Wyoming New Hire Reporting Center.

Ensure all required federal and Wyoming workplace posters are displayed in a prominent location. These include posters on minimum wage, workplace safety, equal employment opportunity, and workers' compensation information.

Provide comprehensive orientation for the new employee, covering company policies, safety procedures, benefits, and job expectations. Have them sign acknowledgments of receipt for the employee handbook and other key policies.

Create a personnel file for the new employee that includes all employment documents, tax forms, signed acknowledgments, and other important records. Ensure the file is stored securely with limited access to protect confidential information.