Are Non-Competes Enforceable for Dentists and Dental Staff in Wyoming?
How Wyoming's 2025 non-compete statute treats associate, hygienist and assistant covenants — and what your practice can still protect.
Wyoming decides this mostly by date.
A non-compete in a contract entered into on or after July 1, 2025 is void if it restricts a person's right to be paid for skilled or unskilled labor — which covers an associate dentist, a hygienist and an assistant — unless it fits a statutory exception: the sale of a practice, trade secrets, limited training or relocation repayment, or executive and management personnel.
Contracts signed before July 1, 2025 are not impaired and are still judged under Wyoming's Hopper case law.
Rules vary by state and change
This guide explains federal rules and the state rules it names, as of the date above.
Employment law and dental-practice rules differ by state and are revised often, so confirm current requirements with your state dental board, labor agency or employment counsel before you act on them.
It is general information, not legal advice.
The short answer for Wyoming
For agreements signed on or after July 1, 2025, the answer is generally no. Section 1-23-108(a) of the Wyoming Statutes makes any covenant not to compete void if it restricts a person's right to receive compensation for skilled or unskilled labor — which covers an associate dentist, a hygienist and an assistant — unless it fits one of the statute's exceptions.
Contracts signed before July 1, 2025 were not impaired; those are judged under the Wyoming Supreme Court's Hopper factors.
The exceptions are where your protection lives now: sale of a practice, trade secrets, training or relocation repayment, and executive and management personnel.
For the rest of the country, see our guide to non-competes for dental staff nationally.
And if you are the associate holding the contract, that is the worker's side of the question — see our guide to dentist non-compete agreements.
The governing statute or case law
The rule is statutory, and it is new: 2025 Senate File 0107 (Wyoming Enrolled Act No. 87), codified at § 1-23-108 of the Wyoming Statutes, took effect July 1, 2025.
It applies to contracts entered into on or after that date and does not impair contracts entered into before it.
Subsection (a) carries the ban: "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," subject to the exceptions listed in the section.
For older contracts, the governing law is the Wyoming Supreme Court's 1993 decision in Hopper, 861 P.2d 531.
The federal layer is quiet.
The FTC's 2024 non-compete rule was set aside in court and never took effect, and in a final rule published February 12, 2026 the FTC removed it from the Code of Federal Regulations — so as of this writing there is no federal rule banning employee non-competes, including for dental practices.
Dentist- and healthcare-specific rules
The statute does contain a healthcare subsection, but it belongs to physicians: § 1-23-108(b) voids non-compete provisions of employment, partnership or corporate agreements between physicians that restrict a physician's right to practice medicine.
The text does not mention dentists.
That wording puts dental staff in the general lane: covenants with associate dentists, hygienists and assistants signed on or after July 1, 2025 fall under subsection (a)'s ban, unless an exception — such as the sale of a practice, trade secrets, or the management-personnel carve-out — applies.
The tempting exception is the management one: the statute preserves covenants covering executive and management personnel, officers, and employees who constitute professional staff to them.
Whether an associate dentist or an office manager fits that description is untested — put the question to Wyoming employment counsel before you rely on it.
The license at the center of any associate agreement is its own workstream: see our guide to dentist licensure in Wyoming.
What courts require (time, area, legitimate business interest)
For contracts entered into on or after July 1, 2025, the analysis is the statute's, not Hopper's: the covenant is void unless it fits an exception, so the exception list is the whole inquiry.
Where reasonableness still does the work — contracts signed before July 1, 2025, and covenants sitting inside a statutory exception — the test is Hopper's.
A valid and enforceable covenant not to compete requires a showing that it is: (1) in writing; (2) part of a contract of employment; (3) based on reasonable consideration; (4) reasonable in durational and geographical limitations; and (5) not against public policy.
Hopper also shows what a Wyoming court does with an overreaching term: the covenant there ran three years for a veterinarian, and the court narrowed it to one year and enforced it as narrowed.
It was a professional-practice case, and it is what your pre-July 2025 associate agreements live under.
Draft to what survives that scrutiny: the shortest term that protects the interest you actually have, and an area drawn from where your patients actually come from.
Non-solicitation and confidentiality clauses
Patient and staff non-solicits are the unsettled piece.
The 2025 act does not define "covenant not to compete," and no Wyoming case law since 2025 was located in this page's research — so whether the statute reaches customer or patient non-solicitation clauses is unresolved.
Treat a patient non-solicit as a question for Wyoming employment counsel, not a template clause.
Building one: see our guide to patient and staff non-solicits.
Confidentiality has firmer footing.
The statute's exceptions preserve covenants to the extent they protect trade secrets, and federal law adds a backstop: the Defend Trade Secrets Act lets the owner of a misappropriated trade secret related to a product or service in interstate commerce sue in federal court.
Under the federal definition, business information — including compilations such as a patient list — is a trade secret only if you took reasonable measures to keep it secret and it has independent economic value from not being generally known.
The backstop has a boundary: a DTSA injunction cannot prevent a person from entering into an employment relationship, and conditions on new employment must rest on evidence of threatened misappropriation, not merely on what the person knows.
Inside that boundary, confidentiality protects information; it is not a non-compete by another name.
What Wyoming dental practices should do instead or in addition
The statute closes the broadest instrument but leaves a working set:
- Take the non-compete out of new-hire templates — one written into an agreement entered into on or after July 1, 2025 is void.
- Use the repayment the statute explicitly allows. Recovery of relocation, education and training costs works on a sliding scale: up to 100% of the expense for an employee who has served under 2 years, up to 66% at 2 to under 3 years, and up to 33% at 3 to under 4 years. See our guide to training repayment agreements before you draft it.
- Keep the sale-of-practice covenant in your back pocket. Covenants given in the sale of a business or its assets are excepted from the ban — the route when you buy or sell a practice.
- Make the patient list genuinely secret. Trade-secret status depends on the reasonable measures you took — locked-down records access, limited copies, signed confidentiality terms. A list left open on a shared drive is a list anyone can use.
- Inventory agreements signed before July 1, 2025. Those were not impaired and are still judged under Hopper — one may hold up as written, or a court may narrow it. Have Wyoming employment counsel review them.
- Spend the retention budget on the job itself. Schedule control, pay reviews and a real path to ownership do more than a covenant that is void in a new hire's agreement.
Wyoming covenant audit
- Strip non-competes from every template for agreements entered into on or after July 1, 2025.
- List each agreement signed before July 1, 2025 for counsel to review under Hopper.
- Where you pay relocation, education or training costs, paper it as a sliding-scale repayment clause inside the statutory limits.
- Put the secrecy measures behind your patient list in place before you rely on confidentiality terms.
- Treat any patient or staff non-solicit as unsettled until Wyoming employment counsel signs off.
- Route buy-in, buy-out and sale-of-practice covenants through the statutory exception — the covenant is excepted when it is given in the sale of a business or its assets.
Questions employers ask
Is the non-compete in my Wyoming associate's existing agreement still enforceable?
If the contract was entered into before July 1, 2025, the 2025 act does not impair it, and a court would judge it under the Hopper factors: in writing, part of an employment contract, supported by reasonable consideration, reasonable in duration and geography, and not against public policy.
That cuts both ways — it may hold up, or a court may narrow an overreaching term.
Have Wyoming employment counsel review the specific language.
Does the Wyoming ban cover dental hygienists and assistants, or only dentists?
The general ban covers any person: § 1-23-108(a) of the Wyoming Statutes voids covenants restricting the right to receive compensation for skilled or unskilled labor, so it reaches hygienists and assistants as much as associate dentists.
Wyoming's healthcare-specific subsection is for physicians and does not mention dentists.
The same statutory exceptions — sale of a business, trade secrets, training and relocation repayment, management personnel — are the only ways around the ban for any of them.
Can a Wyoming practice recover a signing bonus if a hygienist quits after a year?
The statutory exception covers relocation, education and training costs, on a sliding scale: up to 100% of the expense for an employee who has served under 2 years, up to 66% at 2 to under 3 years, and up to 33% at 3 to under 4 years.
A signing bonus is not one of the cost categories this page's research covers, so how to structure that repayment is a question for Wyoming employment counsel.
Can I still use a non-compete when my Wyoming practice buys another practice?
Covenants given in the sale of a business or its assets are excepted from the ban, so a seller's covenant can still restrict competition within reasonableness limits.
Because a sale covenant sits inside a statutory exception, the Hopper reasonableness factors — including a court's ability to narrow an overreaching term — remain the standard to draft against.
Keep the term and area to what the goodwill you are actually buying requires.
Did the FTC ban non-competes for dental practices?
No. The FTC's 2024 non-compete rule was set aside in court and never took effect, and in a final rule published February 12, 2026 the FTC removed it from the Code of Federal Regulations.
As of this writing there is no federal rule banning employee non-competes for dental practices; in Wyoming, the law that matters is the state's own 2025 statute and, for older contracts, the Hopper case law.
Sources
- Wyo. Stat. § 1-23-108 — Covenants not to compete (Wyoming Legislature) (retrieved October 6, 2026)
- 2025 Wyoming Senate File 0107 — Enrolled Act No. 87 (Wyoming Legislature) (retrieved October 6, 2026)
- Hopper v. All Pet Animal Clinic, 861 P.2d 531 (Wyo. 1993) (CourtListener) (retrieved October 6, 2026)
- Federal Register 2026-02866 — FTC removes the Non-Compete Rule from the CFR (retrieved October 6, 2026)
- 18 U.S.C. 1836 — Defend Trade Secrets Act civil remedies (Cornell LII) (retrieved October 6, 2026)
- 18 U.S.C. 1839 — Trade secret definition (Cornell LII) (retrieved October 6, 2026)
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