Wisconsin Wage and Hour Law

Minimum Wage in Wisconsin

The current Wisconsin minimum wage is $7.25 per hour. This is the same as the federal rate.

Employee Breaks

Workers under the age of 18 who work more than six hours in a shift must receive an uninterrupted meal break lasting at least 30 minutes. Shorter rest breaks are not required by Wisconsin wage and hour law. However, if an employer allows rest breaks lasting less than 30 minutes, they must compensate the worker for this time.

Employers are not required to offer meal, coffee or rest breaks for adult workers. However, employers are recommended to provide 30-minute meal breaks at times relatively close to a typical meal period. Meal break arrangements are to be discussed between the employer and the worker.

Employers must pay their workers for meal periods spent on duty. An on-duty meal break occurs when the employee is not given a 30-minute break from work or when the employee cannot leave the premises. Employers cannot deduct for breaks lasting less than 30 minutes.

Overtime Pay Law in Wisconsin

Wisconsin overtime law states that employees must receive time-and-a-half compensation for hours worked over 40 in a single workweek. A workweek is the company's established recurring cycle of seven straight days. Employers have the authority to schedule workers in any way they choose. Therefore, an employer can make overtime mandatory. Employers are also allowed to change a worker's schedule during a workweek to prevent them from working overtime. Paid time for sick days, vacation leave or holidays are not considered hours worked for the purposes of calculating overtime. Some public works construction projects require daily overtime and overtime on certain holidays. Other than that, overtime compensation is not required for hours worked on a certain day of the week; it is only required after 40 hours of work in a single workweek.

Most employers are subject to Wisconsin overtime law. It does not apply to most non-profits. However, overtime law applies to those who work in restaurants, retail stores or hotels, even if employed by non-profit organizations. It does not apply to household employment of domestic service employees or companions if they are employed by the household. Those types of employees are entitled to overtime if a for-profit employer employs them in this capacity, placing them in private homes. Wisconsin overtime law also has several other exemptions from overtime pay. For more information on overtime law in Wisconsin, visit the website of the WI Dept. of Workforce Development.

For more information, view the Wisconsin Department of Labor Website