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 their rights, they can file a complaint with the Wisconsin Department of Workforce Development for investigation and legal action.

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 a 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. 

Certain occupations in Wisconsin can be paid below the state minimum wage as per state law. These include: 

• Tipped employees
• Persons with disabilities
• Workers employed in operating rehabilitation facilities
• Participants in bona fide student-learner programs
• Student employees for the first 90 days of employment

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 a 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 employee to work 12 consecutive days, with a rest day scheduled at the start and end of the 14-day period.

According to the FLSA, 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.

Employees in Wisconsin are entitled to the following leave benefits under a combination of state and federal laws:

• 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.
• Paid Medical Leave: Employees in Wisconsin are entitled to six weeks of paid, job-protected leave following the birth or adoption of a child, or two weeks of paid, job-protected leave to care for their own or a dependent’s serious health condition. To be eligible, the employee must be working for an employer with 50 or more permanent workers, for at least 1000 hours in the 52-week period prior to applying for the leave. 
• Donation Leave: All employers with 50 or more workers in Wisconsin must provide six weeks of leave to employees for bone marrow or organ donation. To be eligible, the employee must be working for an employer with 50 or more permanent workers, for at least 1000 hours in the 52-week period prior to applying for the leave. 

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

Any individual under the age of 18 is considered a minor in Wisconsin. The minimum age of employment in Wisconsin is 14. 

Minors aged under 14 are only allowed to work in a handful of occupations, including but not limited to agriculture, newspaper delivery, as golf caddies, domestic workers, ball monitors, sideline officials in football games, and in school lunch programs. 

Work Permits for Minors in Wisconsin

Minors in Wisconsin are required to obtain a work permit if they are under 16. However, work permits are not required for employment in agriculture or domestic work. 

Work hour laws for minors in Wisconsin are based on their age. There are not state or federal level regulations that set work hour regulations for minors aged 16 and older in the state. 

However, minors under the age of 16 can only work up to three hours on school days, with a maximum of 18 hours worked per week, and eight hours on non-school days, with a maximum of 40 hours worked per week.

Work hours can also only be scheduled between 7 a.m. and 7 p.m., but can be extended until 9 p.m. between June 1 and Labor Day. 

In Wisconsin, there are certain occupations that are prohibited for minors due to their unsafe nature. These include, but are not limited to:

• Adult bookstores or businesses
• Using bakery or meat slicer machines
• Operating amusement rides or heavy machinery
• Working with asbestos or radioactive materials
• Working in confined spaces, mines, or trenches 4+ feet deep
• Jobs involving explosives or logging
• Roofing, demolition, or shipbreaking work
• Operating power-driven saws, shears, metal, or woodworking machines
• Slaughtering or meat processing
• Serving or selling alcohol
• Driving motor vehicles as a main job duty
• Working during a strike or lockout
• Working between 12:30 a.m. and 5:00 a.m. without direct adult supervision

There are further restrictions for minors aged under 16, which can be explored in Wisconsin’s Employment of Minors Guide.