Wisconsin Labor Laws 2024 | Minimum Wage, Overtime, & More

Wage and Hour Laws

Minimum Wage

The current minimum wage in Wisconsin is $7.25 an hour, the same as the federal minimum wage. Cities and counties are prohibited from introducing their own minimum wages. 

For “opportunity employees”—workers under 20 years of age—the state minimum wage is $5.90 an hour. Employers can pay them the opportunity wage for only the first 90 days of their employment. If they turn 20 before this, employers must pay them the full minimum wage. 

Wisconsin’s minimum wage applies to all employees with some exceptions, including newspaper couriers or door-to-door salespersons.

There are also different minimum wages for golf caddies, camp counselors, and agricultural workers who receive meals and lodging. Employers can apply to the Department of Workforce Development (DWD) for a Special Minimum Wage License for workers with disabilities. 

Tipped Minimum Wage

Wisconsin’s tipped minimum wage is $2.33 an hour. This means employers can pay employees $2.33 per hour as long as their tips plus wages average $7.25 per hour. Otherwise, the employer must make up the difference. 

Employers can pay tipped opportunity employees $2.13 an hour under the same conditions. 

Overtime Laws

Employees covered by Wisconsin’s overtime law must be paid 1.5 times their regular rate of pay for any hours worked over 40 hours in a week. 

Employees aged 16 and 17 must be paid 1.5 times their regular rate of pay for all hours over 40 hours in a week or over 10 hours in a day. 

Some employees are exempt from these overtime provisions. Wisconsin’s overtime exemptions generally follow those under the federal Fair Labor Standards Act (FLSA). Exempt employees include those who:

• Work in private homes.
• Work in federal agencies.
• Primarily perform executive, administrative, or professional work and are paid at least $700 monthly.
• Work on a commission basis (if certain conditions apply).
• Are taxi drivers.
• Are computer programmers or software engineers paid at least $27.63 an hour. 

Meal Breaks

Employers must give each employee under 18 a 30-minute duty-free meal break that’s reasonably close to a regular meal period or in the middle of their shift. The employee can’t work more than 6 hours without a meal break. 

Meal breaks are recommended for adults but not required. 

Meal breaks must be paid if they are less than 30 minutes or if the employee isn’t allowed to leave the work premises. 

Rest Breaks

No Wisconsin state laws require employers to provide rest breaks during work hours. 

However, under Wisconsin’s “One Day of Rest in Seven” law, employees in factories and retail establishments must have 1 day off every 7 days. This day off can be at any time during the 7 days. 

Some employees are exempt from this requirement—for example, workers who give written consent to work 7 consecutive days without a break and janitors.

Employers can ask the DWD to waive this requirement in unique circumstances. 

Recordkeeping

Employers must keep records of:

• Employees’ names, addresses, and dates of birth. 
• Start-of-employment and end-of-employment dates.
• Start and end times of each workday. 
• Start and end times of each meal break (if breaks are mandatory or when employers deduct meal breaks from work hours).
• Total daily and weekly hours worked. 
• Production (for employees not paid on a time basis).
• Pay rates and wages for each pay period. 
• Details of any wage deductions. 

These recordkeeping requirements don’t apply to employees who are exempt from overtime and compensated on a non-hourly basis.  

Employee Scheduling Laws

Wisconsin doesn’t have any state-wide predictive scheduling laws. Local governments are prohibited from introducing laws to regulate employee hours or overtime, including laws concerning work schedules. 

Employee Compensation and Benefits

Reporting Time Pay

Wisconsin doesn’t have reporting time pay laws. Employers must pay employees for the hours they work. 

Payday Frequency and Method

Wisconsin employees must be paid at least monthly with a maximum of 31 days between pay periods. There are some limited exceptions to this—for example, part-time firefighters and farm laborers. 

Employees can be paid by cash, check, or direct deposit as long as there’s no cost to the employee.

Paystub Requirements

Employers must provide employees with paystubs detailing their pay rates, number of hours worked, and details of any deductions. Paystubs can be electronic as long as employees can access a printer and there’s no cost to print the paystub. 

Wage Deductions and Garnishments

Employers can deduct employees’ wages for meals and board under certain conditions. Employers can deduct:

• $87 a week or $4.15 per meal for meals.
• $58 a week or $8.30 a day for lodging. 

Employers can make deductions from employees’ wages for loss, theft, damage, or poor workmanship if:

• The employee provides written authorization after the issue and before the deduction. 
• The employee’s representative finds fault on the employee’s part.
• The employee has been convicted in court. 

Employers can’t require employees to cover the costs of any required medical examinations. 

Employers can garnish employee wages in relation to consumer debts. These garnishments are capped at whichever of the following is less:

• 20% of an employee’s disposable earnings. (However, if this would result in the employee’s household income falling below the poverty line, the garnishment is restricted to the portion of the debtor’s household income that exceeds the poverty line.)
• The portion of an employee’s disposable earnings that exceeds 30 times the federal minimum wage. 

Employees are entirely exempt from garnishments if:

• Their household income is below the poverty line. 
• They receive public assistance, have received it in the previous 6 months, or have been assessed as eligible for public assistance. 

Federal law limits garnishments related to child support, federal student loans, and federal taxes. 

Employers can’t terminate an employee due to a garnishment relating to a consumer credit transaction. 

Final Paycheck Laws

Employers must give employees who have quit or been terminated their final paycheck by their next regularly scheduled payday. The only exception to this is commission-based sales agents. 

Workers’ Compensation

The Workers’ Compensation Act covers most Wisconsin employees if they are injured or become ill due to work. The Worker’s Compensation Division of the DWD oversees workers’ compensation in Wisconsin. 

In Wisconsin, an employer must have workers’ compensation if they meet one of the following criteria:

• They have 3 or more employees. 
• They have 1 or more employees and have paid gross wages of at least $500 in any calendar quarter for Wisconsin-based work. 
• They work in farming and employ at least 6 employees on any 20 days a year. 

Some limited categories of employees aren’t covered by workers’ compensation insurance, such as domestic servants and certain farm workers. 

Employers can apply for coverage through an insurance carrier or self-insure. The state also has an Uninsured Employers Fund to cover employees whose employers are unlawfully uninsured. 

Under Wisconsin’s workers’ compensation scheme, employees may be able to access benefits to cover:

• Lost wages (for more than 3 days of missed work).
• Medical costs.
• Permanent disability.
• Vocational rehabilitation. 
• Death and burial expenses. 

To access workers’ compensation, an injured or unwell employee must report their condition to their supervisor and seek medical attention immediately. Employees should also keep their medical documentation and update their employers if their conditions change. Employees have up to 2 years to report an injury, while there’s no limit on reporting a work-related illness. 

Employers must report all work-related injuries or illnesses to the Workers’ Compensation Division and their insurer within 24 hours of becoming aware.  

An employee who disputes a workers’ compensation claim or payment can file an application for a hearing before an Administrative Law Judge (ALJ) with the Workers’ Compensation Division. They have up to 6 years after their illness or injury to file for a hearing. The Division helps employees without lawyers settle their matter before a hearing. 

If an employer, employee, or insurer disagrees with the ALJ’s decision, they can file a petition for review with the Labor Industry Review Commission. Subsequent reviews go first to the relevant circuit court, then to the Court of Appeals, and finally to the Supreme Court. 

Unemployment Insurance

Wisconsin’s unemployment insurance (UI) program provides benefits to workers who’ve lost their jobs through no fault of their own. The Unemployment Insurance Division of the DWD administers the program and its laws. 

Employer taxes fund unemployment benefits. Most Wisconsin employers are liable for UI taxes. Different rates apply depending on employers’ circumstances. 

Employees must meet certain requirements to be eligible for UI benefits. For example, employees must:

• Have earned a certain amount in wages in the 12 to 18 months before filing for UI benefits. 
• Have left their last job because their employer laid them off, they had their hours reduced through no fault of their own, or they had “good cause” (i.e., legitimate and substantial reasons primarily due to the employer’s actions, such as unsafe working conditions).
• Be able and available for work. 
• Be actively looking for work (this typically requires 4 work searches a week).

Benefits are capped at either 26 times the individual’s weekly benefit amount or 40% of their base period wages—whichever is less. The minimum weekly UI benefit is $54, while the maximum is $370. 

Each individual must file an initial claim application with the Division to apply for UI benefits. To receive benefits, individuals must file weekly claim certifications. 

Workplace Rights and Protections

Discrimination and Harassment

Under the Wisconsin Fair Employment Law, all employers are prohibited from discriminating against applicants or employees based on their:

• Race.
• Color.
• National origin.
• Ancestry.
• Sex.
• Sexual orientation.
• Marital status.
• Pregnancy or childbirth.
• Creed.
• Disability.
• Age (over 40).
• Arrest and conviction record.
• Military service.
• Off-premises use of lawful products.
• Refusal to engage in meetings or communications about religious or political issues. 
• Genetic testing.

There are some narrow exceptions to these prohibitions. For example, employers may be able to consider a candidate’s conviction record to rule them out of a selection process if the conviction substantially impacts their suitability for the role. 

Employers can’t require applicants or employees to undergo lie detector tests or discriminate against an employee who refuses to do one. There are limited exceptions to this—for instance, where there’s an ongoing theft investigation. 

Individuals who believe they’ve been discriminated against can file a complaint with the Equal Rights Division of the DWD online or by mail. An individual has 300 days from the date of the alleged discrimination to file a complaint. 

The Division investigates the complaint and can assist the parties in mediating and settling the matter. If the matter can’t be resolved, the Division finalizes its investigation to determine whether there’s “probable cause” or “no probable cause” that discrimination occurred. 

Where the Division determines probable cause, it sends the matter for a hearing before an ALJ. ALJs can require various remedies for employment discrimination, including back pay, lost benefits, reinstatement, and legal costs. 

The Division and federal Equal Employment Opportunity Commission have a work-sharing agreement. As a result, individuals can file with one agency and request their complaint be filed with the other agency (if the alleged discrimination violates state and federal law). 

Unlike Wisconsin’s laws, federal anti-discrimination laws generally apply only to employers with 15 or more employees, except for the age discrimination law, which applies to employers with 20 or more employees. 

Leave Laws

✔ Family and Medical Leave	Wisconsin’s family and medical leave entitlements require employers with 50 or more employees to provide covered employees with unpaid, job-protected leave for family and medical reasons.  Each covered employee is entitled to: • Up to 6 weeks of unpaid leave each year for the birth or adoption of a child. The leave must start within 16 weeks of the birth or adoption. • Up to 2 weeks unpaid leave each year to care for a family member with a serious health condition. This family member can be a child, spouse, domestic partner, or parent. • Up to 2 weeks unpaid leave each year for their own serious health condition.  To be eligible for this leave, employees must’ve worked for the employer for at least 52 consecutive weeks and 1,000 hours.  Employees must give employers as much notice as practicable and can be required to provide supporting medical documents.  This leave runs concurrently with the 12 weeks of leave employees may be entitled to under the federal Family and Medical Leave Act (FMLA).
𐄂 Paid Sick Leave	Wisconsin employers aren’t required to provide employees with paid sick leave.
𐄂 Paid Family Leave	Paid family leave isn’t mandatory. Employees may access unpaid leave under the state or federal family medical leave acts for this purpose.
𐄂 Pregnancy and Parental Leave	Wisconsin employers don’t have to provide pregnancy or parental leave. However, they must treat pregnant employees the same way they treat other employees with temporary disabilities. For instance, they must offer the same accommodations and leave.  Employees may be able to take time off for pregnancy and parenthood under the state or federal family medical leave acts.
𐄂 Vacation and Personal Leave	Vacation or personal leave isn’t required by law in Wisconsin.  Where employers provide it, it should comply with the relevant terms of the applicable employment contract, policy, and/or collective bargaining agreement—including terms on issues such as accrual caps and carryover.

Military, Jury Duty, and Other Mandatory Leave

There are several other types of mandatory leave in Wisconsin.

Military Leave	Any service member employee required to serve federal active duty for 90 or more days must be reinstated to their previous position or an equal one. For this to occur: • Employees must still be qualified to do the job. • They must return to work within 90 days of their service ending. • They can’t be absent for more than 5 years. • The employer’s situation can’t have changed in such a way that makes it impossible to reinstate the employee.  Similar rules apply to employees who are members of the National Guard, state defense force, or a public health emergency service.  Employers with at least 11 permanent employees must give Civil Air Patrol employees 15 days of unpaid leave each year for emergency service operations. Employees can take up to a maximum of 5 consecutive workdays of leave.
Jury Duty Leave	Employers must give employees unpaid leave to attend jury duty. Employers can’t retaliate against employees for taking this leave.
Voting Leave	Employees are entitled to a maximum of 3 hours of unpaid leave to vote. An employer can choose when their employee takes this leave (it can be while polls are open only). Employees must request it before election day.
Organ Donor Leave	An employee who works for an employer with at least 50 permanent employees is entitled to up to 6 weeks of unpaid, job-protected organ and bone marrow donation leave each year.  To access this leave, the employee must: • Have worked for their employer for at least 52 consecutive weeks and at least 1,000 hours during this time. • Provide their employer with written confirmation that they’re a donor. • Give their employer reasonable advance notice.
Witness Leave	An employer can’t terminate an employee for taking leave to appear as a subpoenaed witness in a criminal proceeding. Such employees must inform their employers about the subpoena no later than 1 business day after receiving it.
Emergency Response Leave	Employees who are volunteer firefighters or other emergency responders can’t be penalized for turning up late or being absent from work because they were responding to an emergency before work began.  To be entitled to this protection, an employee must provide their employer with documentation confirming their role as a volunteer emergency responder within 30 days of volunteering. They must also notify their employer of their delay or absence from work as soon as possible—if possible.

Child Labor Laws

The minimum age for employment in Wisconsin is 14. However, children aged 11 to 13 can work in specific industries and roles, such as in agriculture, in newspaper delivery, and as golf caddies.  

Employers must have a work permit for every employee under 16, with some limited exceptions. Parents and guardians can apply online for these.

If employers have minor employees who sell door-to-door, in a public place, or on any street, they must also apply for a street trade permit for each minor. 

	14 and 15-year-olds	16 and 17-year-olds
After Labor Day until May 31	They can work: • Up to 3 hours a day on school days. • Up to 8 hours a day on non-school days. • Up to 18 hours during school weeks. • Up to 40 hours during non-school weeks. • Up to 7 days a week (newspaper deliveries and agriculture only)—or 6 days a week in all other cases. • Between the hours of 7am and 7pm.	• They can’t work when they’re required to be at school. • Those who work between 12.30am and 5.00am must do so under direct adult supervision. • An employee who works after 11pm must have 8 hours of rest before the start of their next shift.
June 1 until Labor Day	The same daily and weekly restrictions apply as above. However, they’re permitted to work between 7am and 9pm.
Limits on types of work	Minors aged 14 and 15 are prohibited from working in industries and roles such as: • Gun clubs. • Personal patient care at a hospital or nursing home. • Street carnivals. • Roles requiring the operation of power-driven machinery.  A complete list of prohibited occupations is available here.	All minors are prohibited from working in industries and roles like: • Mining. • Roles requiring the use of bakery machines. • Roofing. • Slaughtering and meatpacking. • Wrecking, demolition, or shipbreaking. • Selling or serving liquor.  A complete list of prohibited occupations is available here.

Employers who fail to comply with Wisconsin’s child labor laws may face penalties ranging between $25 and $5,000 a day or up to 30 days of imprisonment.

Workplace Safety and Health

The federal Occupational Safety and Health (OSH) Act covers most private employers in Wisconsin. As a result, the Occupational Safety and Health Administration (OSHA) has jurisdiction in Wisconsin. 

General employer obligations under the OSH Act include to:

• Provide employees with a safe workplace free from hazards. 
• Comply with relevant health laws, regulations, and standards. 
• Supply employees with necessary safety tools and equipment
• Provide regular safety and health training to employees. 
• Ensure any potential hazards have warning signs, labels, or posters. 
• Post an OSHA poster in a prominent place in the workplace. 
• Report any fatalities to OSHA within 8 hours and any in-patient hospitalizations, amputations, or eye losses within 24 hours. 
• Maintain a log of workplace injuries and illnesses. 

There are also OSHA standards that apply to specific industries. 

Each employee also has various rights under the act, including to:

• Work in a safe environment.
• Receive appropriate safety and health training in a language they understand.
• Refuse to work under unsafe conditions. 
• Request an inspection or file a complaint with OSHA for safety violations without fearing retaliation. 
• Access workplace injury and illness records. 

The National Institute for Occupational Safety and Health (NIOSH) funds Wisconsin’s Occupational Safety and Health Surveillance Program. This program monitors and analyzes workplace health and safety data from the state. 

Small businesses can get free pre-OSHA risk assessments and consultations via WisCon, a state-based program run alongside the federal Department of Labor. 

Workplace safety and health resources are available at both the state and federal levels for Wisconsin employers. An example is “Putting Together a Safe Workplace” by the Wisconsin DWD. 

Labor Union Regulations

Wisconsin is a right-to-work state. So, workers can’t be required to join a union or pay union membership fees as a condition of their employment. 

The National Labor Relations Act (NLRA) generally protects private employees’ collective bargaining rights, including rights to form or join unions. 

The National Labor Relations Board administers the NLRA and hears labor disputes. 

Employment Contracts and Severance

Employment Contract Laws

Wisconsin is an at-will employment state. As a result, employers and employees can end the relationship at any time and for any reason, as long as the reason isn’t illegal—such as discrimination. 

To be enforceable, restrictive covenants (including non-compete and non-solicitation agreements) must:

• Be reasonably necessary to protect an employer’s legitimate business interests. Restrictions in scope, time, and geographic area must also be reasonable. 
• Be linked to consideration. This means the employee must receive something in return—for example, a severance package. 
• Comply with public policy. 
• Not overly restrict the employee. 

Severance Pay

Severance pay isn’t legally required in Wisconsin. Where an employer provides it, they should comply with any relevant employment contract or collective bargaining agreement. 

Additional Laws That Might Apply to You

Mass layoffs	Employers with at least 50 employees must give DWD, employees, unions, and town officials 60 days’ notice of a mass layoff or closure.
Mini-COBRA	The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) ensures workers’ health insurance continues after they lose their jobs or have their hours reduced. Federal COBRA applies only to employers with 20 or more employees.  Wisconsin’s mini-COBRA law applies to employers with 19 employees or fewer. It provides for the continuation of health insurance (hospitalization and medical group health plans only) for up to 18 months.
Cessation of healthcare benefits	Employers must give employees, retirees, and their dependents 60 days’ written notice of the discontinuation of healthcare benefits. This law applies to employers with 50 or more employees.
Independent contractor test	When classifying workers—for example, for workers’ compensation purposes—Wisconsin uses a specific test to determine whether a worker is an independent contractor rather than an employee.  To be an independent contractor, an individual must: • Maintain a separate business. • Have a Federal Employer Identification Number (a federal tax number issued by the Internal Revenue Service).  • Work under specific contracts.  • Be responsible for their expenses. • Be responsible for the satisfactory completion of work.  • Be paid under a contract or based on a commission per job or competitive bid process.  • Be able to realize profits and losses under their contracts. • Have continuing business liabilities, such as insurance or professional registration fees. • Be able to succeed or fail based on their business’s income and expenses.

COVID-19 Related Laws and Regulations

Employers are protected from civil lawsuits relating to COVID-19 deaths or injuries unless they act recklessly or their actions amount to wanton disregard or intentional misconduct. 

Wisconsin employers are advised to follow any COVID-19 guidance from OSHA and the Center for Disease Control (CDC). 

Navigating Legal Issues and Resources

Employers and employees looking for more information about Wisconsin’s employment and labor laws should visit:

• The Department of Workforce Development (DWD) for information about wage and hour laws, workers’ compensation, unemployment insurance, and more. 
• The Wisconsin State Law Library for a list of employment law resources.

The DWD also provides regular training sessions on various labor law topics via its Friday Fundamentals Labor Law Training Series and Labor Law Clinics. 

For employees seeking free employment law assistance, Legal Action of Wisconsin or the University of Wisconsin-Madison’s Neighborhood Law Clinic may be able to help. 

Disclaimer

The information presented on this website about labor laws in Wisconsin is a summary for informational purposes only and is not intended as legal advice. However, laws and regulations regularly change and may vary depending on individual circumstances. While we have made every effort to ensure the information provided is up to date and reliable, we cannot guarantee its completeness, accuracy, or applicability to your specific situation. Therefore, we strongly recommend that readers seek guidance from their legal department or a qualified attorney to ensure compliance with applicable laws and regulations. Please note that we cannot be held liable for any actions taken or not taken based on the information presented on this website.