Wisconsin Labor Laws

In the US, the federal  Fair Labor Standards Act (FLSA) manages the time spent by employees in the workplace, safeguarding their rights and guaranteeing fair pay for their efforts. These laws act as directives for employers, keeping them in check, and minimizing any forms of abuse or exploitation.

Time management laws in Wisconsin are similar to those set by the FLSA. Where both laws apply, employers are required to follow the stricter standard. All employees are entitled to a minimum wage for hours worked, and overtime is calculated once an employee works more than 40 hours in a week. 

Similarly, employees are entitled to different leave benefits under a combination of state and federal law. Employers in Wisconsin are also mandated to follow child labor laws to ensure the well-being of minors in the workplace. 

Employers who contravene these time management laws face severe legal ramifications, including fines, back pay, and damages. If workers feel that their employer has violated federal time management laws, they can file a complaint with the Wisconsin Department of Workforce Development for investigation and legal action.

Job applicants and employees in Wisconsin are protected from employer discrimination in all aspects of employment, from hiring and recruitment to training, promotions, union membership, and termination, based on the following protected characteristics:

Wisconsin also adheres to at-will employment.  This means an employer or employee can terminate the employment at any time, for any reason, without having to give a specific explanation. However, this can affect the payout of an employee’s final wages. 

Employers with 50 or more workers in Wisconsin are required to provide a 60-day notice when conducting mass layoffs or closing business operations. This notice must be given to their employees, the unions representing the employees, the Wisconsin Department of Workforce Development, and the highest official present in the location of the employer. 

Following termination or resignation, employers are required to pay an employee’s final paycheck on their next regular payday.

Some important labor laws that affect employment in Wisconsin also include: 

• Health Insurance Continuation Laws: Wisconsin employees and their dependents can continue their group health insurance under the federal Omnibus Budget Reconciliation Act (COBRA) after losing employment due to a sudden life event, such as job loss, reduced work hours, divorce, a health issue preventing them from working, or a similarly stressful event involving a family member. Employers with at least 20 employees are covered under COBRA. Employees can receive up to 36 months of coverage but may be required to pay 102% of the plan’s cost as premium. 
• Workplace Safety Laws: Wisconsin workplace safety plan, approved by the federal Occupational Safety and Health Administration (OSHA) lays out safe worker practices and employer responsibilities in the state. The department also carries out on-site investigations to guarantee that safety measures are being adhered to.
• Cessation of Healthcare Benefits Law: Current or retired workers, or their dependents, need to be given a 60-day notice if an employer decides to stop providing healthcare benefits, as per state law. However, this only applies in situations where an employer discontinues benefits at a large scale, and does not apply if an employee is terminated or if an existing benefit plan is changed. 
• Whistleblower Protection Laws: Employers in Wisconsin are not allowed to retaliate against an employee who files a complaint, testifies or assists in a legal proceeding, or enforces their rights under law, including minimum wage, overtime, minor employment and prevailing wage rights. 
• Drug and Alcohol Testing Laws: Employers in Wisconsin can conduct pre-employment drug tests. However, according to Wisconsin law, employees cannot be compelled to pay for medical exams required by the employer, including drug and alcohol testing.
• Recordkeeping Laws: In Wisconsin, it is mandatory for employers to maintain accurate and permanent employee records for a minimum of three years. These records must include the employee’s name, address, date of birth, dates of hiring and termination, the beginning and end times of each workday and meal period, the total number of hours worked per day and per week, rate of pay, wages paid each pay period, and the amount and reasons for any deductions.

Employees in Wisconsin are entitled to earn a minimum wage of $7.25 per hour. This rate must be paid for all hours worked by the employee, including time spent in on-the-job training, for preparations and meetings. 

The minimum cash wage for tipped employees in Wisconsin is $2.33 an hour, while those categorized as “opportunity employees” can be paid as low as $2.13 per hour.

However, a tipped employee’s cash wage and tips must combine to equal the law-mandated minimum wage. If not, the employer is required to make up the difference. 

There are some exceptions to the minimum wage requirements in Wisconsin such as:

• Agricultural workers can have a certain amount of money deducted from their wage for lodging and meals
• Camp counselors working at seasonal recreational or educational camps have a special minimum wage rate based on whether their employer provides meals, lodging or both
• Golf caddies have a minimum wage rate based on the number of holes they caddy
• People employed casually and intermittently in the employer’s home
• People with a physical or mental illness due to old age
• Elementary or secondary school students performing work-like duties at their school

Employers in Wisconsin are required to establish regular pay periods that last no longer than 31 days. Employers may choose to establish more frequent pay periods such as semimonthly or weekly if they wish. However, there are some exceptions to this rule, such as:

• Logging employees and farm laborers must be paid at least quarterly
• University of Wisconsin system employees who are unclassified are paid according to the internal systems of the University
• Technicians must be paid at least annually at regular intervals

Employees in Wisconsin are entitled to additional pay if they work over 40 hours in a week. This extra pay (overtime) is calculated at 1.5 times the employee’s regular rate of pay as per state law. 

For minimum wage workers, this amounts to $10.88 per hour. However, certain types of employees may not receive overtime pay if they are classified as exempt under state or federal law.

According to Wisconsin law, certain professions are not entitled to earn overtime pay, even if they work more than 40 hours in a week. These include, but are not limited to:

• Agricultural employees
• Certain administrative, executive, and professional employees 
• Certain outside sales and commissioned employees
• Taxi cab drivers
• Certain employees of motor carriers who are covered by federal transportation regulations 
• Salespersons, parts personnel, and mechanics employed by motor vehicle dealers
• Employees of movie theaters

In Wisconsin, there are no specific laws that mandate employers to give their workers meal or rest breaks at work.

However, if an employee decides to provide such break, they need to abide by a few federal guidelines. Any rest period that lasts between five to 20 minutes must be paid, and it should be considered as work time. As for meal periods, they need to last longer than half an hour in order for them to be unpaid.

Furthermore, state law requires employers to grant employees one day off in a calendar week under the One Day of Rest in Seven law. However, the law does not specify that the rest day has to be provided after seven days of work.

This means that an employer can require an empoyee to work 12 consecutive days, with a rest day scheduled at the start and end of the 14-day period.

In Wisconsin, the labor laws have an exception made for minors, allowing them a 30-minute break after working for 6 hours straight. This exception is the only one made for breaks in Wisconsin labor laws.

According to the Fair Labor Standards Act, Wisconsin employers are obligated to offer nursing mothers more break time for up to one year after delivery. To comply, employers must allow adequate time and facilities for mothers to express their breast milk. Restrooms and toilet stalls are not considered acceptable for this purpose.

• Family and Medical Leave: The federal Family and Medical Leave Act (FMLA) allows eligible employees in Wisconsin to take up to 12 weeks of unpaid leave for qualifying cases such as childbirth, the addition of a new foster or adopted child, or a serious health issue that hinders their ability to work. To be eligible for FMLA, the employee must have worked for the same employer for at least 12 months prior to the leave request and clocked in at least 1,250 working hours during that time.
• Jury Duty Leave: It is against the law for any employer in Wisconsin to intimidate, punish, or fire an employee who decides to fulfill their civic duty by serving on a jury. If they do, they may have to pay a fine of $200 and rehire the employee, along with providing all their lost wages.
• Witness Leave: In Wisconsin, workers are given the right to “witness leave” which grants them the ability to attend court hearings while still receiving their entire salary. Employers cannot obstruct their employees from fulfilling their lawful duty of serving as a witness if they have received a subpoena. If an employer does attempt to prevent an employee from fulfilling their obligation, they may face a fine of $200 and may have to reimburse the worker for any lost wages.
• Voting Leave: Employers in Wisconsin must give their staff a leave of up to three straight hours for voting. But they have the following options: pick the duration of the leave, ask for notice beforehand, and not pay the employee during the break.

The following is a list of public holidays that will be observed in Wisconsin in 2025: 

In the state of Wisconsin, there are certain occupations that are off limits to employees under the age of 18 due to their unsafe nature. These include:

• Working with hazardous materials like asbestos
• Mining
• Confined space work
• Excavation
• Using meat slicers
• Working at establishments that serve alcohol
• Operating bakery machines