{"id":377336,"date":"2017-08-25T16:14:15","date_gmt":"2017-08-25T21:14:15","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/wisconsin-law\/wisconsin-overtime-laws.html"},"modified":"2023-01-06T13:43:06","modified_gmt":"2023-01-06T18:43:06","slug":"wisconsin-overtime-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/wisconsin-law\/wisconsin-overtime-laws.html","title":{"rendered":"Wisconsin Overtime Laws"},"content":{"rendered":"\n
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Wisconsin Overtime Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Chris Meyers, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Usually a full work week is defined as 40 hours, which is traditionally split up into 5 days of 8 hours each. The state labor laws of Wisconsin require an employer to pay an employee at a higher rate for hours worked in excess of 40 hours a week. Specifically, workers must be paid 1.5 times their regular rate of pay for hours worked in excess of 40 hours a week.<\/p>\r\n

Wisconsin Overtime Laws at a Glance<\/h2>\r\n

Key aspects of the Wisconsin overtime laws are covered in the below table.<\/p>\r\n\r\n

Law<\/b><\/p>\r\n<\/td>\r\n

Code<\/b><\/p>\r\n<\/td>\r\n<\/tr>

Wisconsin Work Periods<\/u><\/p>\r\n

The Wisconsin Department of Workforce Development has classified 40 hours per week as a time period to be paid at regular rates and any hours in excess of 40 hours per week to be paid at least one and one-half times the regular rates.<\/p>\r\n<\/td>\r\n

Wisconsin Statutes \u00a7 103.02<\/a><\/p>\r\n

 <\/p>\r\n<\/td>\r\n<\/tr>

Wisconsin Overtime Laws<\/u><\/p>\r\n

Overtime compensation means the compensation required to be paid for hours worked during periods that the Wisconsin Department of Workforce Development has classified as periods that are:<\/p>\r\n

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  • In excess of 40 hours per week<\/li>\r\n
  • To be paid for at the rate of at least 1.5 times an employee’s regular rate of pay<\/li>\r\n<\/ul>\r\n<\/td>\r\n

Wisconsin Statutes \u00a7 103.025<\/a><\/p>\r\n

 <\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Application of Wisconsin Overtime Laws<\/h2>\r\n

According to the Wisconsin Department of Workforce Development, Wisconsin overtime laws apply to jobs at factories, mercantile businesses (any business pertaining to merchants or trade) or mechanical establishments (occupations requiring manual or mechanical skill), restaurants, hotels, motels, resorts, beauty parlors, retail and wholesale stores, laundries, express and transportation firms, telegraph offices and telephone exchanges.<\/p>\r\n

Wisconsin overtime laws also apply to persons engaged in an occupation, business, or industry, dealings between persons or groups, the business of buying and selling or bartering commodities or services, and doing business with, having dealings with, or giving one thing in exchange for another.<\/p>\r\n

Overtime for Minors<\/h2>\r\n

Under Wisconsin law, 16 and 17-year-old minors may be employed more than 8 hours a day or 40 hours a week when school is not in session. They must receive 1.5 times the regular rate of pay, for all hours worked in excess of 10 hours per day or 40 hours per week and must also not work in excess of 50 hours per week. The exception to this rule is that minors who are 14 to 17 years of age may be employed more than 50 hours per week in agriculture during peak periods.<\/p>\r\n

Establishments Exempt From Overtime<\/h2>\r\n

Certain types of establishments are exempt from Wisconsin overtime laws, including:<\/p>\r\n