Wyoming prevailing wage rules and certified payroll
Wyoming still has a state prevailing wage law. The Wyoming Prevailing Wage Act of 1967 covers construction of public improvements fairly estimated at $100,000 or more, and the Department of Workforce Services sets one set of rates each year from its own survey.
Yes, Wyoming has a prevailing wage law, and it works differently from most. The Wyoming Prevailing Wage Act (W.S. 27-4-401 through 27-4-413) applies to construction, reconstruction, alteration, or repair of a public improvement fairly estimated to cost $100,000 or more. The Department of Workforce Services (DWS) surveys the construction trades and publishes rates once a year. The current set took effect May 1, 2026. Federally funded jobs also carry the Davis-Bacon Act, with its own rates and weekly payroll reports.
| Rule | Wyoming |
|---|---|
| State law | Wyoming Prevailing Wage Act of 1967, W.S. 27-4-401 to 27-4-413 |
| Dollar threshold | Public improvement fairly estimated at $100,000 or more |
| Who sets rates | Department of Workforce Services, Labor Standards, from an annual survey |
| Current rates | 2026 Prevailing Wage Rates, effective May 1, 2026 |
| Rate areas | Building: statewide. Heavy and highway: statewide plus Laramie, Natrona, and rest-of-state columns |
| Payroll records | Names, occupations, and actual wages for every worker, open to inspection |
| State certified payroll form | None named in the statute; follow the awarding agency's contract |
| Penalty | Fine up to $500, up to 6 months in jail, or both, for willful violations |
| Federal jobs | Davis-Bacon applies to federally funded contracts over $2,000 |
Which Wyoming projects are covered
The act reaches workers employed by or for a public body building public works, with maintenance work left out. The statute defines maintenance as repair, not replacement, that does not change the size, type, or extent of the facility. So patching a roof on a state office building is maintenance. Tearing it off and adding a mechanical penthouse is construction.
- Threshold: the public improvement must be fairly estimated to cost $100,000 or more.
- Public body: the statute defines it as the State of Wyoming or any officer, board, or commission of the state. If a city, county, or school district is letting the job, read the bid package and ask the owner whether it is applying state rates.
- Who counts: laborers, workmen, and mechanics employed directly on the actual construction site. A hauler counts only when the hauling includes a phase of construction that is more than incidental to delivering material.
- Force account exemption: a public body's own regular employees are exempt when the construction cost does not exceed $25,000.
- Federal conflict: the act does not apply where it conflicts with federal prevailing wage statutes or rules.
How DWS sets the rates and where to find them
Wyoming does not issue a wage determination per project the way the federal government does. DWS determines prevailing rates annually for every craft expected on public works, using a survey customized for the construction trades and a moving average adjustment set by rule. Before awarding a contract, the public body must get those rates from DWS and print them in the call for bids. The contract and the contractor's bond must then guarantee them.
The rate sheets are posted on the DWS Labor Standards Forms and Resources page. Building construction is one statewide table. Heavy and highway has a statewide column plus separate columns for Laramie County (Region 2), Natrona County (Region 1), and the rest of the state (Region 3). Each rate shows a basic hourly rate and an hourly fringe. On the 2026 building sheet, for example, Carpenters and Joiners are $35.04 plus $12.39 fringe, and Electricians are $38.47 plus $10.96 fringe. The sheet also notes how each number was calculated: majority, significant minority, weighted average, or an inflation adjustment where the survey got no data. The method rules are in DWS rules Chapter 6, Determining Prevailing Wage Rates.
Rates can be challenged. Any affected person may file a written objection with the director within 15 days after the rates are published, and a hearing follows within 30 days of the objection.
Apprentices and trainees
Wyoming writes the apprentice pay steps into the statute. Workers registered in a U.S. Department of Labor approved apprenticeship or training program, or a training program approved by the Department of Transportation and the Federal Highway Administration, can be paid below the journeyman rate on this schedule, unless the program itself sets different steps:
- First half of the training period: at least 60 percent of the journeyman rate.
- From the halfway point to 75 percent complete: at least 75 percent of the journeyman rate.
- Final 25 percent of the program: at least 90 percent of the journeyman rate.
Keep the registration paperwork in the job file. Without it, the worker is paid the full rate for the classification. The apprentice rules on prevailing wage projects guide covers ratios and documentation in more depth.
Payroll records and certified payroll in Wyoming
The statute's record rule is short. The contractor, each subcontractor, or the public body's officer running the job must keep an accurate record of the name and occupation of every worker on the public work and the actual wages paid. The record must be open at reasonable hours to the DWS director and the awarding public body. The act does not name a state certified payroll form or portal, and the DWS forms page does not list one. In practice the awarding agency decides how often, and in what format, it wants payroll turned in, so read the special provisions.
Say a general contractor lands a $650,000 state building remodel in Casper. The building rates are statewide, so the electrical and drywall subs price the same sheet as a contractor in Cheyenne. The GC should collect each sub's weekly payroll anyway, even if the owner only asks for monthly copies. If one sub underpays, the worker has a statutory right to sue for the difference plus a reasonable attorney fee, and the dispute lands on the whole job.
Penalties
DWS investigates complaints or reasonable suspicion of a violation and pursues penalties when it finds the violation intentional and willful. A contractor or subcontractor who willfully fails to pay the prevailing rate, fails to keep accurate records, or refuses inspection access faces a fine up to $500, up to six months in jail, or both, on conviction. Public officials who willfully ignore the act face the same penalty.
How Wyoming differs from Davis-Bacon
| Item | Wyoming Prevailing Wage Act | Federal Davis-Bacon |
|---|---|---|
| Coverage threshold | $100,000 or more | Over $2,000 |
| Rate source | One annual DWS survey, statewide or by region | DOL wage determinations on SAM.gov, attached to each contract |
| Payroll reporting | Records kept and open to inspection; format set by the contract | Weekly certified payrolls to the federal agency; WH-347 optional |
| Apprentice pay | 60, 75, then 90 percent steps in statute | Rates and ratios from the registered program |
On a job with federal money, the federal rules control where they conflict with the state act. If both sets of rates are in the bid package, the safe practice is to pay the higher of the two for each classification and ask the owner in writing which payroll format it wants. For federal paperwork, see how to fill out the WH-347 form.
Before you bid, check the other Wyoming rules that come with public work: Wyoming contractor licensing, mechanics lien rules, and prompt payment. Smart Business Automator can hold the rate sheet for each job and prepare payroll reports from field hours, which is what certified payroll automation is built for.
Frequently asked questions
What is the prevailing wage threshold in Wyoming?
The Wyoming Prevailing Wage Act covers construction of a public improvement fairly estimated to cost $100,000 or more. A separate rule exempts a public body's own regular employees when the construction cost is $25,000 or less.
Where do I find Wyoming prevailing wage rates?
On the Department of Workforce Services Labor Standards Forms and Resources page. The 2026 rates took effect May 1, 2026, with a building construction sheet and a heavy and highway sheet. The awarding public body must also print the rates in the call for bids.
Does Wyoming have a certified payroll form?
The statute does not name one. It requires contractors and subcontractors to keep accurate records of each worker's name, occupation, and actual wages, open to inspection. The awarding agency's contract sets what you submit and how often. Federally funded jobs need weekly certified payrolls under Davis-Bacon.
How are apprentices paid on Wyoming public works?
Registered apprentices and approved trainees can be paid at least 60 percent of the journeyman rate in the first half of training, 75 percent until the program is 75 percent complete, and 90 percent after that, unless the program sets its own steps.
Why does the DWS wage survey matter to contractors?
It sets the rates, and the statute limits the bid preference under W.S. 16-6-102(a) to contractors DWS certifies as having taken part in the survey for that period.
Sources
- Wyoming Legislature: Wyoming Statutes Title 27, Article 4, Prevailing Wages (W.S. 27-4-401 to 27-4-413)
- Wyoming Legislature: Wyoming Statutes Title 16, W.S. 16-6-102 resident contractor preference
- Wyoming Department of Workforce Services, Labor Standards: Forms and Resources (prevailing wage rates)
- Wyoming Department of Workforce Services: 2026 Prevailing Wage Rates, effective May 1, 2026
- Wyoming Department of Workforce Services: Resident Contractor Resources
- U.S. Department of Labor, Wage and Hour Division: Construction (Davis-Bacon and Related Acts)
- U.S. Department of Labor, Wage and Hour Division: Form WH-347 instructions
Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.
