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Non Compete in Wyoming — What 6 Law Firms Say

Updated 2026-03-30 · Based on analysis from 6 leading law firms

Executive Summary

Wyoming significantly restricted the enforceability of non-compete agreements following the enactment of Senate File 107 on March 19, 2025. The new law limits the use of these covenants, with specific exceptions for executive and management personnel and the protection of trade secrets.

Non-compete agreements remain legal in Wyoming but are subject to significant new statutory limitations following the enactment of Senate File 107. The law generally voids most non-compete covenants, though it provides specific exceptions for certain executive and management personnel and agreements designed to protect legitimate trade secrets. Ogletree Deakins notes that the legislation applies prospectively and imposes strict requirements on the scope of these agreements (Ogletree Deakins).

What happens if a non-compete agreement is found to be overbroad in Wyoming?

Wyoming courts may void non-compliant agreements in their entirety rather than modifying or 'blue-penciling' them to make them enforceable. This creates a risk where an overly broad covenant results in the total loss of the restrictive protection. Ogletree Deakins highlights that the current judicial trend suggests a low tolerance for agreements that fail to meet the new statutory standards (Ogletree Deakins).

Does the FTC's federal non-compete rule apply in Wyoming?

The FTC's proposed blanket ban on non-compete agreements was abandoned in favor of a targeted, case-by-case enforcement strategy. Consequently, employers in Wyoming are primarily governed by the state's new statutory framework rather than a federal regulatory prohibition. Foley & Lardner and Vinson & Elkins both confirm that the federal landscape has shifted away from a rule-based ban toward antitrust scrutiny under Section 5 of the FTC Act (Foley & Lardner).

Can I still protect trade secrets without a non-compete?

Wyoming law allows for the protection of trade secrets, and the new non-compete statute explicitly incorporates the definition of trade secrets found in W.S. 6-3-501(a)(xi). Littler Mendelson observes that this statutory definition is relatively broad, providing a mechanism for employers to protect proprietary information even where a general non-compete might be unenforceable (Littler Mendelson).

Firm Consensus

Firms generally agree that the legal landscape in Wyoming has shifted toward stricter, state-specific regulation following the 2025 legislation. There is a consensus that employers face increased risk of having agreements voided entirely if they are not narrowly tailored to legitimate business interests or specific statutory exceptions.

Differences in Firm Treatment

Firms diverge on the interpretation of the new law's ambiguities, particularly regarding the definitions of 'executive' and 'management' personnel. Fisher Phillips notes that while Colorado case law might be referenced for interpretive guidance, Wyoming courts are not bound by it, leading to uncertainty in how the statute will be applied in practice.

Recent Developments

  • March 19, 2025: Governor Mark Gordon signed Senate File 107, significantly limiting the enforceability of non-compete agreements in Wyoming.

References

This page aggregates publicly available law firm commentary for informational purposes. It is not legal advice. The analysis reflects the views of the cited firms at the time of publication. Consult qualified legal counsel for your specific situation. · Privacy Policy