§ 1. Governing Statutory & Common Law Authority
The enforceability of non-competition agreements in Wyoming is governed by Wyo. Stat. § 1-23-108 (SF0107, signed March 19, 2025, effective July 1, 2025). As of July 1, 2025, Wyoming voids most non-compete agreements that restrict skilled or unskilled labor (SF0107). Exceptions exist for executive/management personnel, sale of business, trade secret protection, and recovery of training/relocation expenses. Applies only to agreements entered into on or after July 1, 2025.
Recent legislative developments: SF0107 signed March 19, 2025: bans most non-competes effective July 1, 2025. Pre-existing agreements (before July 1, 2025) are not affected. Physician non-compete restrictions on practice are specifically voided.
§ 2. Compensation Threshold Requirements
Wyoming does not impose a minimum salary threshold for non-compete enforceability. This means non-competes may be enforced against employees at any income level, including hourly and part-time workers.
§ 3. Temporal Limitations on Post-Employment Restrictions
Wyoming does not codify a maximum duration. No statutory maximum for exempt categories. In practice, 1-2 years is generally considered the outer limit of reasonableness, though outcomes vary significantly based on the employee's role and access to trade secrets.
§ 4. Statutory Exemptions & Carve-Outs
Wyoming law exempts certain workers from non-compete enforcement:
- Executive and management personnel (and their professional staff)
- Sale-of-business agreements
- Trade secret protection covenants
- Recovery of training and relocation expenses
- Physicians: non-compete provisions restricting practice after termination are void
§ 5. Consideration & Contract Formation
For exempt categories (executives, business sales), adequate consideration required. Whether this is legally sufficient — especially for agreements presented mid-employment rather than at hiring — is frequently contested.
§ 6. Effect of Involuntary Termination
For most workers, non-competes are void regardless. For exempt executives, courts consider circumstances. Courts may apply heightened scrutiny when the employer initiated the termination, particularly for termination without cause or mass layoffs.
Practitioner Notes
Major shift — Wyoming went from minimal regulation to one of the most restrictive states. Pre-July 2025 agreements remain enforceable under prior common law.