{"id":377359,"date":"2016-03-31T21:37:24","date_gmt":"2016-04-01T02:37:24","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/wisconsin-law\/wisconsin-wage-and-hour-laws.html"},"modified":"2018-12-14T00:00:00","modified_gmt":"2018-12-14T05:00:00","slug":"wisconsin-wage-and-hour-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/wisconsin-law\/wisconsin-wage-and-hour-laws.html","title":{"rendered":"Wisconsin Wage and Hour Laws"},"content":{"rendered":"\n
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Wisconsin Wage and Hour Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\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

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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

Wisconsin protects its employees with labor laws that cover wages and hours<\/a>, as well as other important aspects of working. Federal laws often dictate a minimum amount or standard that states can’t drop below, such as the federal minimum wage<\/a>. If a state wants, it can provide greater protections for its residents, such as mandatory employee meal breaks.<\/p>\r\n

The following table details the main provisions of Wisconsin’s wage and hour laws.<\/p>\r\n\r\n

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

Wisconsin Statutes Chapters 103: Employment Regulations<\/a>, 104: Minimum Wage Law<\/a>, 109: Wage Payments, Claims, and Collections<\/a>, and 111: Employment Relations<\/a><\/p>\r\n

Wisconsin Administrative Code, Department of Workforce Development (DWD), Chapters 270-279: Labor Standards<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Minimum Wage<\/b><\/p>\r\n<\/td>\r\n

$7.25 per hour (current as of October 2014)<\/p>\r\n<\/td>\r\n<\/tr>

Opportunity Employee Wage<\/b><\/p>\r\n<\/td>\r\n

Wisconsin employers can hire youth under 20<\/a> and pay a lower wage for the first 90 days of work. This rate is $5.90 per hour.<\/p>\r\n<\/td>\r\n<\/tr>

Tipped Workers’ Minimum Wage<\/b><\/p>\r\n<\/td>\r\n

An employer must pay $2.33 per hour to a tipped worker, with tips covering the rest up to minimum wage. For opportunity tipped workers, it’s only $2.13 per hour minimum.<\/p>\r\n<\/td>\r\n<\/tr>

Prevailing Wage Minimum<\/b><\/p>\r\n<\/td>\r\n

Construction workers for public works projects in Wisconsin have special, higher minimum wages called the "prevailing wage<\/a>" depending on the type of skilled trade. The rate is based on an annual project survey<\/a>.<\/p>\r\n<\/td>\r\n<\/tr>

Overtime Pay<\/b><\/p>\r\n<\/td>\r\n

If an employee works over 40 hours in a week, he or she must get "overtime" of at least 1.5 time of the regular pay. But this law doesn’t apply to everyone<\/a>, including domestic workers hired by households or non-profit employees.<\/p>\r\n<\/td>\r\n<\/tr>

Meals & Breaks<\/b><\/p>\r\n<\/td>\r\n

Wisconsin law doesn’t require employers to provide adult employees (over 18) any specific type of break. However, the Department of Workforce Development recommends employers provide meal breaks<\/a>. Employees under 18 who work longer than six hours must receive one 30-minute meal break.<\/p>\r\n<\/td>\r\n<\/tr>

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

Wisconsin doesn’t require employers to pay for time off, such as sick leave or holidays<\/a>. When Milwaukee passed a paid sick leave law in 2008<\/a>, it was ruled invalid as state law trumped it. However, there\u2019s a state law that requires "one day rest in seven," meaning many employees must get one 24-hour period off each calendar week. Unfortunately, this doesn\u2019t apply to many groups, such as janitors, dairy employees, emergency workers, mill superintendents, etc.<\/p>\r\n

Also, eligible employees can take up to 12 weeks off without pay each year for the birth or adoption of a baby, to care for an ill family member, or for personal medical problems under the federal Family & Medical Leave Act<\/a> (FMLA).<\/p>\r\n<\/td>\r\n<\/tr>

Child Labor Laws<\/b><\/p>\r\n<\/td>\r\n

Teens 14 or 15 years old can work eight hours daily and 40 hours weekly during the summer or three hours daily and 18 hours weekly during the school year. They\u2019re also limited to working between 7 am and 7 pm or up to 9 pm during the summer.<\/p>\r\n

In comparison, 16 and 17 year olds only can’t be required to work during school hours, must be provided a meal break, and if they work after 11 pm, they must be given eight hours of rest before the start of their next shift.<\/p>\r\n<\/td>\r\n<\/tr>

Unions and Right to Work<\/b><\/p>\r\n<\/td>\r\n

Wisconsin doesn’t have a "right to work<\/a>" law that regulates union membership requirements. However, state employees are permitted to opt out of being a union member.<\/p>\r\n<\/td>\r\n<\/tr>

Enforcement Agency<\/b><\/p>\r\n<\/td>\r\n

The Labor Standards Bureau takes complaints on many different types of employee issues, including plant closings\/mass layoffs, ending health care benefits, prevailing wages, wage claims (i.e. you haven’t been paid all the wages you\u2019re due), and general labor standards (such as overtime, minimum wage, child labor, etc).<\/p>\r\n<\/td>\r\n<\/tr>

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

Employers who break Wisconsin wage and hour laws can be subject to many different criminal, civil, and administrative penalties, some examples include:<\/p>\r\n