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----
-title: "Wyoming Non Compete Practice Note"
-generated_from: legal-context wiki-export
-topic: non_compete
-state: WY
-firm_count: 3
-last_updated: 2026-03-30
-disclaimer: >-
-  This practice note is provided for informational purposes only and does not
-  constitute legal advice. We encourage you to consult with qualified counsel
-  before relying on any provision. The firms whose analysis informed this note
-  are listed below and may be a good starting point for finding counsel
-  experienced in Wyoming restrictive covenant law.
----
-
-# Wyoming Non Compete Practice Note
-
-**Based on analysis from 3 Am Law firms** | Last updated: 2026-03-30
-
-> This practice note is provided for informational purposes only and does not
-> constitute legal advice. We encourage you to consult with qualified counsel
-> before relying on any provision. The firms whose analysis informed this note
-> are listed below and may be a good starting point for finding counsel
-> experienced in Wyoming restrictive covenant law.
-
-## Key Statutes
-
-| Citation | Type | Firms Citing |
-|----------|------|-------------|
-| Wyo. Stat. § 33-26-102 | statute | 1 |
-| Wyo. Stat. § 27-1-115 | statute | 1 |
-
-## Firm Analysis
-
-### Fisher Phillips (2025-06-01)
-
-**[Employers in Wyoming Face New Restrictions on Non-Compete Agreements](https://www.fisherphillips.com/en/news-insights/new-law-voids-most-wyoming-non-compete-agreements.html?utm_source=usejunior.com)**
-
-> "For example, under the federal Fair Labor Standards Act, the managerial exemption requires that an employee must customarily and regularly direct the work of at least two or more other full-time employees or their equivalent."
-
-The firm analyzes the new Wyoming non-compete statute by comparing it to Colorado's prior law, noting that while Colorado case law may provide interpretive insights, Wyoming courts are not bound by it. The analysis highlights significant ambiguities in the new law, particularly regarding the definition of 'executive' and 'management' personnel and the scope of restrictive covenants covered.
-
-### Ogletree Deakins (2025-03-19)
-
-**[Wyoming Enacts Legislation Limiting Noncompete Agreements](https://ogletree.com/insights-resources/blog-posts/wyoming-enacts-law-to-restrict-the-use-of-noncompete-agreements/?utm_source=usejunior.com)**
-
-> "On March 19, 2025, Governor Mark Gordon signed Senate File 107 into law, which will significantly limit the enforceability of noncompete covenants in employment contracts."
-
-The firm analyzes the impact of Wyoming's new noncompete legislation, noting its prospective application and specific statutory exceptions. It highlights the risk that Wyoming courts will void noncompliant agreements in their entirety rather than modifying them.
-
-### Littler Mendelson (2025-03-19)
-
-**[Wyoming Bans Non-Compete Covenants with Some Exceptions](https://www.littler.com/publication-press/publication/wyoming-bans-non-compete-covenants-some-exceptions?utm_source=usejunior.com)**
-
-> "The statute incorporates the definition of “trade secrets” found in Wyoming’s statutory trade secret protection law (W.S. 6‑3‑501(a)(xi)), which provides a fairly broad definition of what can be protected as a trade secret."
-
-The article analyzes the impact of Wyoming's new non-compete law, highlighting its prospective application and specific statutory exceptions. It notes the ambiguity regarding non-solicitation clauses and the potential for future litigation concerning the scope of the trade secret and executive personnel exceptions.
-
-## Enforcement Assessment
-
-- **Intensity:** active
-- **Fines mentioned (Wyoming-specific):** None identified
-
-## Issues Flagged in Published Sources
-
-1. Conduct a comprehensive review of employment agreements to ensure they are appropriately tailored to legitimate business interests.
-2. Revisit noncompete practices on a regular basis to ensure compliance with fast-changing state laws.
-3. Consider using less-restrictive alternatives such as non-disclosure or non-solicitation agreements where appropriate.
-4. Ensure noncompetes are limited in time, geography, and scope to the employer's specific industry and the employee's role.
-5. Conduct a comprehensive review of employment agreements and non-compete covenants.
-6. Evaluate whether non-compete agreements serve a legitimate procompetitive purpose.
-7. Ensure non-compete agreements are appropriately tailored to achieve their purpose and comply with applicable state and federal law.
-8. Review employment agreements to ensure they are narrowly construed, particularly for health care employers.
-9. Monitor state-specific legislative developments regarding noncompete bans and restrictive covenant enforceability.
-10. Ensure noncompete agreements comply with new state-specific requirements regarding consideration, notice periods, and scope.
-
-## Non-Solicitation Uncertainty
-
-Practitioner sources flag uncertainty about whether Wyo. Stat. § 1-23-108
-could reach certain non-solicitation provisions depending on how they function.
-No separate Wyoming non-solicitation statute was identified in this review.
-
-## Forfeiture-for-Competition as Alternative
-
-Given Wyoming's near-ban on traditional non-competes, forfeiture-for-competition
-clauses (conditioning deferred compensation on non-competition) may serve as an
-alternative enforcement mechanism. The 7th Circuit (*LKQ Corp. v. Rutledge*, Jan. 2025)
-and Delaware Supreme Court (2024) have upheld such provisions without applying
-the reasonableness test used for traditional non-competes. However, no Wyoming
-authority was identified on this issue. Consult qualified counsel before using
-forfeiture-for-competition in a Wyoming context.
-
-## Firm Attribution
-
-The following firms published Wyoming-specific analysis relied upon in this note.
-These firms may be a good starting point for finding counsel experienced in
-Wyoming restrictive covenant law.
-
-| Firm | Article | Date |
-|------|---------|------|
-| Fisher Phillips | [Employers in Wyoming Face New Restrictions on Non-Compete Agreements](https://www.fisherphillips.com/en/news-insights/new-law-voids-most-wyoming-non-compete-agreements.html?utm_source=usejunior.com) | 2025-06-01 |
-| Ogletree Deakins | [Wyoming Enacts Legislation Limiting Noncompete Agreements](https://ogletree.com/insights-resources/blog-posts/wyoming-enacts-law-to-restrict-the-use-of-noncompete-agreements/?utm_source=usejunior.com) | 2025-03-19 |
-| Littler Mendelson | [Wyoming Bans Non-Compete Covenants with Some Exceptions](https://www.littler.com/publication-press/publication/wyoming-bans-non-compete-covenants-some-exceptions?utm_source=usejunior.com) | 2025-03-19 |