Wyoming
Wyoming Non-Compete Laws (2026): Are Non-Competes Enforceable?
Independently fact-checked against primary sources (last audited October 10, 2026). · 6 primary sources cited on this page. How we verify our legal content

Wyoming voids most non-competes signed on or after July 1, 2025. Under W.S. 1-23-108, created by Senate File 107 of 2025, any covenant not to compete that restricts a person's right to be paid for skilled or unskilled labor is void, with four exceptions: the sale of a business, trade-secret protection, recovery of certain relocation and training costs, and executive and management personnel and their professional staff.
Physician non-competes are void under a separate subsection. Agreements signed before July 1, 2025 are not affected by the act; they remain under Wyoming's common-law test, which treats a non-compete as prima facie invalid unless the employer proves it reasonable. For how other states compare, see our non-compete laws by state guide.
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers Wyoming law on employee non-compete agreements: W.S. 1-23-108 as created by 2025 Senate File 107 (Enrolled Act No. 87, chapter 170 of the 2025 session laws) and, for older agreements, the common-law rule of Hassler v. Circle C Resources, 2022 WY 28, plus a short note on the federal FTC rule. It does not cover trade-secret claims (see Wyoming trade secret laws) or severance pay (see Wyoming severance pay laws).
Are non-competes enforceable in Wyoming?
It depends first on when the agreement was signed.
| When the contract was entered into | Rule | Source |
|---|---|---|
| On or after July 1, 2025 | Void, unless one of four exceptions applies | W.S. 1-23-108(a) |
| On or after July 1, 2025, between physicians | Post-termination practice restriction void; rest of agreement survives | W.S. 1-23-108(b) |
| Before July 1, 2025 | Prima facie invalid; enforceable only if the employer proves every term reasonable; no judicial rewriting | Hassler v. Circle C Resources, 2022 WY 28 |
Section 1-23-108(a) states the general rule:
"Any covenant not to compete that restricts the right of any person to receive compensation for performance of skilled or unskilled labor shall be void." W.S. 1-23-108(a)
The act's application clause limits its reach:
"This act shall apply to contracts entered into on and after July 1, 2025. ... Nothing in this act shall be construed to alter, amend or impair any contract or agreement entered into before July 1, 2025." 2025 Wyo. Sess. Laws ch. 170 (SF0107), Section 2
The Wyoming Legislature's bill record shows SF0107 was signed March 19, 2025, became Enrolled Act No. 87 and chapter 170, and took effect July 1, 2025.
The four exceptions
A covenant not to compete is not void under 1-23-108(a) if it falls within one of these:
- Sale of a business. A covenant contained in a contract for the purchase and sale of a business or the assets of a business (a)(i).
- Trade secrets. A covenant not to compete "to the extent the covenant provides for the protection of trade secrets as defined by W.S. 6-3-501(a)(xi)" (a)(ii). The exception protects the covenant only to that extent.
- Relocation, education and training costs. A contract provision for recovering the expense of relocating, educating and training an employee, on a sliding scale (a)(iii), shown in the table below.
- Executives and their professional staff. "Executive and management personnel and officers and employees who constitute professional staff to executive and management personnel" (a)(iv).
The act does not define "executive and management personnel" or "professional staff," and our research found no Wyoming court decision interpreting those words. Whether a particular job title fits the exception is a question the statute's text does not settle.
Repaying training and relocation costs
The training-cost exception lets an employer recover these expenses only up to a percentage that falls with length of service:
| Length of employment | Maximum recovery | Source |
|---|---|---|
| Less than 2 years | Not more than 100% | 1-23-108(a)(iii) |
| 2 years to less than 3 years | Not more than 66% | 1-23-108(a)(iii) |
| 3 years to less than 4 years | Not more than 33% | 1-23-108(a)(iii) |
The exception lists no percentage for employment of 4 years or more.
Physicians
Section 1-23-108(b) voids a covenant not to compete in an employment, partnership or corporate agreement between physicians that restricts the right to practice medicine upon termination. Other enforceable provisions of the agreement remain enforceable.

Section 1-23-108(c) adds a patient-notice rule. A physician may disclose that they are continuing to practice, along with new contact information, to any patient with a rare disorder (identified by reference to the National Organization for Rare Disorders) whom the physician treated before termination. Neither the physician nor the employer is liable in damages for that disclosure or for the physician's treatment of the patient after termination.
The text does not say whether the executive exception in (a)(iv) can reach a physician who is also an executive; subsection (b) is a separate, specific rule for physicians. Like the rest of the act, it applies to agreements entered into on or after July 1, 2025.
Agreements signed before July 1, 2025: the Hassler rule
For older agreements, Wyoming common law controls. In Hassler v. Circle C Resources, 2022 WY 28, the Wyoming Supreme Court described a non-compete as prima facie invalid and enforceable only if reasonable, with the employer bearing the burden of proving that every term is reasonable.
Hassler listed the elements, citing Hopper v. All Pet Animal Clinic, Inc., 861 P.2d 531 (Wyo. 1993). Under that test, a non-compete must be:
- in writing;
- part of a contract of employment;
- based on reasonable consideration;
- reasonable in duration and geographic limits; and
- not against public policy.
No blue pencil
Hassler also changed what happens to an overbroad covenant. Hopper had let courts trim an unreasonable non-compete into a reasonable one. Hassler ended that:
"We, therefore, overrule Hopper's adoption of the liberal blue pencil rule." Hassler v. Circle C Resources, 2022 WY 28
The court explained that "Wyoming courts will no longer exceed the scope of their traditional authority in contract interpretation by redrafting noncompete agreements to bring them within the bounds of reason." An agreement with unreasonable restrictions is void as against public policy.
The 2025 statute itself says that when a physician covenant is voided under (b), the agreement's other enforceable provisions survive. Our research did not find a source addressing whether Hassler's no-rewrite rule governs a covenant that falls within one of the (a) exceptions.
Fired versus quit
Section 1-23-108 does not distinguish between an employee who is fired or laid off and one who quits. Hassler did not address that question either, and our research found no other Wyoming source that does.
No salary threshold, notice or consideration rules
Wyoming sets no income or exempt-status threshold. The only classification in 1-23-108 is the executive and management exception.

The statute also has no advance-notice requirement, no right-to-counsel rule, no consideration requirement, no duration or geographic cap and no garden-leave pay. For agreements signed before July 1, 2025, the common-law elements above, including reasonable consideration and reasonable duration and territory, still apply.
Non-solicits, NDAs and trade secrets
Section 1-23-108 voids "any covenant not to compete" but does not define that term and does not mention customer non-solicitation, employee non-solicitation, no-hire or confidentiality clauses. Whether a non-solicit counts as a covenant not to compete under the new statute is not settled by any source we found.
Confidentiality agreements are not addressed by the act. The trade-secret exception in (a)(ii) preserves a covenant to the extent it protects trade secrets as defined in W.S. 6-3-501(a)(xi). Trade-secret law itself protects qualifying confidential information whether or not you signed a covenant; see Wyoming trade secret laws.
Penalties, enforcement and choice of law
Section 1-23-108 contains no attorney-fee, damages, penalty or employee-notice provision. Its remedy is that a covenant within (a) or (b) is void. The act names no state agency to enforce it, and our research did not identify one; disputes go to the courts.
Section 1-23-108 does not address choice-of-law or forum clauses, and we found no Wyoming non-compete statute on them. That search was limited to the enrolled act and keyword searches, so a lawyer should review any clause choosing another state's law or courts.
Recent and pending changes
- 2025 Senate File 107, enacted. Created W.S. 1-23-108. Signed March 19, 2025; Enrolled Act No. 87; chapter 170. Effective July 1, 2025, and applies only to contracts entered into on and after that date.
- 2026 budget session. A search of the 2026 session's bill titles and summaries found no non-compete bill and no amendment to 1-23-108. That was a title-and-summary search, not a reading of every bill.
As of October 9, 2026, the Legislature's bill list for the 2027 session showed no bills.
The federal FTC rule
The FTC's nationwide non-compete rule never took effect. A federal court in Texas set it aside on August 20, 2024 (Ryan, LLC v. FTC, No. 3:24-CV-00986-E, N.D. Tex.), the FTC voted on September 5, 2025 to dismiss its appeals, and the rule was removed from the Code of Federal Regulations effective February 12, 2026. The FTC still acts case by case; on June 22, 2026 it approved a final order requiring a pest-control company to stop enforcing non-competes. See FTC non-compete ban struck down and the non-compete laws by state guide.
What this means if you signed one
Start with the date. An agreement entered into on or after July 1, 2025 is void under 1-23-108(a) unless it fits one of the four exceptions; a physician's post-termination practice restriction is void under (b). An agreement entered into before that date is judged under Hassler, where the employer must prove every term reasonable and an unreasonable agreement is not rewritten. A lawyer licensed in Wyoming can review a specific agreement. For when an employer can end the job in the first place, see Wyoming at-will employment laws.
Related
- Non-compete laws by state
- Wyoming trade secret laws
- Wyoming severance pay laws
- Wyoming at-will employment laws
- FTC non-compete ban struck down
Disclaimer: This article provides general legal information about Wyoming non-compete law under W.S. 1-23-108 and Hassler v. Circle C Resources, not legal advice. The information was last verified on 2026-10-08. Non-compete disputes in Wyoming are decided by the courts; for advice about a specific agreement, contact a legal aid office or a lawyer licensed in Wyoming.
Last updated: 2026-10-08.
Frequently Asked Questions
Are non-competes enforceable in Wyoming?
For contracts entered into on or after July 1, 2025, most are void under W.S. 1-23-108(a), unless an exception applies (sale of a business, trade secrets, training-cost recovery, or executive and management personnel and their professional staff).
Did Wyoming ban non-competes?
Largely, for new agreements. 2025 Senate File 107 created W.S. 1-23-108, effective July 1, 2025, which voids covenants not to compete restricting compensation for skilled or unskilled labor, subject to four exceptions.
Does the Wyoming ban apply to a non-compete I signed before July 2025?
No. The act does not alter any contract entered into before July 1, 2025. Those agreements fall under Hassler v. Circle C Resources, 2022 WY 28, where the employer must prove every term reasonable.
Can a Wyoming employer make me repay training costs if I leave?
Within limits. Under 1-23-108(a)(iii), recovery of relocation, education and training expenses is capped at 100% for less than 2 years of employment, 66% for 2 to less than 3 years and 33% for 3 to less than 4 years.
Are physician non-competes enforceable in Wyoming?
No, for agreements entered into on or after July 1, 2025. W.S. 1-23-108(b) voids a covenant between physicians restricting the practice of medicine upon termination, while the rest of the agreement stays enforceable.
Who counts as executive and management personnel in Wyoming?
The statute does not define the term, and our research found no Wyoming court decision interpreting it. The exception covers executive and management personnel and officers and employees who are professional staff to them (1-23-108(a)(iv)).
Will a Wyoming court narrow an overbroad non-compete?
No. Hassler v. Circle C Resources, 2022 WY 28, overruled the blue pencil rule; an unreasonable non-compete is void and courts will not redraft it.
Does the FTC non-compete ban apply in Wyoming?
No. A federal court set the FTC rule aside on August 20, 2024, and it was removed from the Code of Federal Regulations effective February 12, 2026. Wyoming law governs.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Wyoming Statutes, Title 1 - Code of Civil Procedure - Chapter 23: Miscellaneous Contracts and Actions; Statute of Frauds
§ 1-23-108Contractual provisions in restraint of trade generally void; exceptions; unlawful intimidation.In force
(a) Any covenant not to compete that restricts the right of any person to receive compensation for performance of skilled or unskilled labor shall be void. This subsection shall not apply to: (i) Any covenant not to compete contained in a contract for the purchase and sale of a business or the assets of a business; (ii) Any covenant not to compete to the extent the covenant provides for the protection of trade secrets as defined by W.S. 6-3-501(a)(xi); (iii) Any contractual provision providing for the recovery of all or a portion of the expense of relocating, educating and training an employee as follows: (A) Recovery of not more than one hundred percent (100%) of the expense for an employee who has served an employer for a period of less than two (2) years; (B) Recovery of not more than sixty-six percent (66%) of the expense for an employee who has served an employer for between two (2) and less than three (3) years; (C) Recovery of not more than thirty-three percent (33%) of the expense for an employee who has served an employer for between three (3) and less than four (4) years.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at wyoleg.gov
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Sources and References
- 2025 Senate File 107, Enrolled Act No. 87, creating W.S. 1-23-108 (Wyoming Legislature)(wyoleg.gov).gov
- SF0107 (2025) bill information: signed, enrolled number, chapter and effective date (Wyoming Legislature)(wyoleg.gov).gov
- Hassler v. Circle C Resources, 2022 WY 28 (Wyo. Feb. 25, 2022) (CourtListener copy)(www.courtlistener.com)
- Ryan, LLC v. FTC, No. 3:24-CV-00986-E (N.D. Tex. Aug. 20, 2024), memorandum opinion and order (govinfo)(www.govinfo.gov).gov
- FTC final rule removing the Non-Compete Rule, 16 CFR part 910, 91 FR 6507 (Federal Register, Feb. 12, 2026)(www.federalregister.gov).gov
- FTC Approves Final Consent Order in Pest Control Noncompete Matter (FTC press release, June 22, 2026)(www.ftc.gov).gov
- Wyoming Legislature bill information, 2027 session (bill list, checked October 9, 2026)(wyoleg.gov).gov