01State adopts federal rate; cities cannot override
Wisconsin's minimum wage is $7.25/hr — the federal floor — and has been unchanged since July 24, 2009. Wisconsin Statutes Chapter 104 (Wisconsin Minimum Wage Law) under § 104.035 adopts the federal rate. The 2015 Wisconsin Act 55 codified the federal floor. There is no state-specific minimum, no automatic indexing, no scheduled increases.
Tipped workers earn $2.33/hr cash + up to $4.92 tip credit ($7.25 - $2.33), with total compensation including tips required to reach $7.25. Note that WI's $2.33 tipped wage is slightly higher than the federal floor of $2.13. Workers earning more than $20/month in tips qualify as tipped employees (lower than the $30/month federal threshold used in most states).
Trainee tipped wage: WI permits $2.13/hr cash for tipped workers in their first 90 days as 'opportunity employees' under Wis. Stat. § 104.045. Workers under 20 may also be paid $5.90/hr (federal training wage) for the first 90 consecutive days of employment. Tipped trainees: $2.13/hr (federal floor); non-tipped trainees: $5.90/hr.
State preemption: while not codified in a single comprehensive preemption statute, Wisconsin courts and Department of Workforce Development have consistently held that local minimum wage ordinances are preempted by state law. No Wisconsin city has enacted a local minimum wage. Madison and Milwaukee have considered local minimum wage ordinances; neither has enacted one.
Federal $684/week ($35,568/year) exempt threshold applies. Wisconsin Administrative Code DWD 274 establishes some additional state-specific exemption parameters but generally tracks federal FLSA. The DOL's attempted 2024 increase to $1,128/week was vacated by the Eastern District of Texas in November 2024, leaving the federal $684 in place.
Read the full Wisconsin federal $7.25 + state preemption guide →
02State law covers specific industries; FLSA covers most workers
Wis. Stat. § 103.01 establishes Wisconsin's overtime law. Wis. Stat. § 103.02 requires 1.5× regular rate for hours over 40 in a workweek for non-exempt workers in covered industries. DWD 274 (Wisconsin Administrative Code Chapter 274) provides the implementing rules.
Industry coverage under Wis. Stat. § 103.01: factories, mercantile establishments (retail/wholesale), mechanical establishments, restaurants, hotels, motels, resorts, beauty parlors, laundries, express and transportation firms, telegraph offices, telephone exchanges. Industry coverage is similar to federal FLSA but with a narrower formal scope — the FLSA covers 'enterprises engaged in commerce or in the production of goods for commerce' which is much broader.
Most Wisconsin workers are also covered by federal FLSA because FLSA covers virtually all employers engaged in interstate commerce or with $500,000+ annual gross sales. When state and federal differ, the more favorable standard applies. Workers may pursue state claims through DWD's Equal Rights Division or federal claims through US DOL Wage and Hour Division.
Wisconsin OT exemptions under Wis. Stat. § 103.03 and DWD 274.04: federal FLSA exemptions generally apply (executive, administrative, professional, computer professional, outside sales, highly compensated). Plus Wisconsin-specific carve-outs: workers in private homes; workers in federal agencies; taxi drivers; certain motor carrier workers; parts persons, salespersons, service writers, mechanics at motor vehicle dealers; apprentices receiving classroom instruction.
Hours paid for time NOT worked (sick leave, vacation, holiday) do NOT count as hours worked for OT calculation under both Wisconsin and federal law. A worker who works 35 hours and uses 8 hours of vacation in a workweek has only 35 hours worked — no OT owed. The framework prevents 'paid leave' from triggering OT inadvertently. Comp time in lieu of OT is NOT permitted for private sector workers.
Read the full Wisconsin state ot under wis. stat. § 103.01 + dwd 274 guide →
03Wis. Stat. § 109.11(2)(b) — late wages trigger 50% additional + attorney fees
Wisconsin Statutes Chapter 109 establishes the Wage Payment Act framework. Wis. Stat. § 109.03 requires regular wage payment 'at least once a month' (the most permissive frequency in any state). Specific industries have shorter pay cycle requirements. Wis. Stat. § 109.07 governs final pay timing.
Wis. Stat. § 109.11(2)(b) provides the increased payment remedy: 'the employer shall be liable to the employee for the wages and an increased payment of fifty percent (50%) of those wages, plus reasonable attorney fees and costs, if the failure was not in good faith.' The 50% increased payment is calculated on the unpaid wage amount; effectively converts $1,000 of unpaid wages into $1,500 owed plus attorney fees.
Good faith defense: under § 109.11, the increased payment applies when the employer's failure was 'not in good faith.' Good faith involves: documented dispute resolution efforts; legitimate basis for any disputed amounts; reasonable employer mistake. Pattern violations, ignorance after notice, and systematic noncompliance defeat good-faith defense.
Coverage extends to all wages: hourly pay, salary, commissions earned under commission agreement, nondiscretionary bonuses earned, accrued vacation if employer policy commits to payout. The framework reaches 'wages' broadly defined. Earned wages cannot be forfeited at termination unless the employer has explicit written forfeiture authority.
Statute of limitations: 2 years for state wage claims under Wis. Stat. § 893.44 (general 2-year SOL applies to wage claims). Federal FLSA: 2 years (3 years for willful). Both deadlines run from the date wages were due, not from when the worker discovered the underpayment. Plaintiff attorneys typically pair WPA claims (state, 50% increased payment) with FLSA claims (federal, 2-3 year, 100% liquidated damages) to maximize recovery.
Read the full Wisconsin wisconsin wpa 50% increased payment guide →
04Wis. Stat. § 103.10 — separate state framework from federal FMLA
Wisconsin Family and Medical Leave Act under Wis. Stat. § 103.10 (effective 1988, predates federal FMLA which took effect 1993). Coverage: employers with 50 or more PERMANENT employees during at least 6 of the last 12 months. The 'permanent' qualifier excludes seasonal and temporary workforces, narrowing coverage to year-round operations.
Worker eligibility: must have been employed by the employer for at least 52 consecutive weeks AND worked at least 1,000 hours in the preceding 52-week period. The 1,000-hour threshold is lower than federal FMLA's 1,250 hours, reaching part-time workers (averaging ~19 hours/week) who don't qualify federally.
Leave allotments: 6 weeks per 12-month period for birth or adoption of a child; 2 weeks per 12-month period for worker's own serious health condition; 2 weeks per 12-month period for serious health condition of parent, child, or spouse. Total maximum: 8 weeks combined. WFMLA's structured allotments differ from federal FMLA's flexible 12-week framework.
Concurrent runs with federal FMLA: in most situations, WFMLA leave runs concurrently with federal FMLA. However, qualifying conditions differ. Federal FMLA covers 'qualifying military exigency' (which WFMLA does not specifically address) and 'covered service member care' (26 weeks, which WFMLA does not match). Workers may use WFMLA + federal FMLA sequentially when conditions don't overlap.
Paid leave substitution under § 103.10(5): workers may substitute any accrued paid or unpaid leave (sick leave, vacation, PTO) during unpaid WFMLA leave. The substitution converts unpaid WFMLA leave into paid time without changing the underlying job protection or duration. Anti-retaliation: workers cannot be discharged or discriminated against for using WFMLA leave or asserting WFMLA rights. Civil action available through DWD's Equal Rights Division.
Read the full Wisconsin wisconsin family and medical leave act guide →
05Wis. Stat. §§ 111.31 — 14+ protected categories, broader than federal Title VII
Wisconsin Fair Employment Law under Wis. Stat. §§ 111.31 to 111.395 prohibits employment discrimination based on protected categories. The protected categories are notably broader than federal Title VII: sex, race, color, national origin, ancestry, disability, age (40+), creed, sexual orientation, marital status, arrest record, conviction record, military status, use of lawful products outside of work, and genetic testing.
Coverage: WFEL applies to virtually all Wisconsin employers regardless of size for most categories. Federal Title VII applies only to employers with 15+ employees. WFEL reaches small employers federal Title VII doesn't. ADEA's 20+ employee threshold also doesn't apply at the state level — WFEL age discrimination protections apply at smaller employer sizes.
Notable WI-specific categories: Sexual orientation (protected since 1982, predating federal Bostock 2020 by decades). Arrest and conviction record (with limited exceptions for substantially related convictions to job duties). Use of lawful products outside of work (e.g., tobacco use, alcohol consumption, in some interpretations off-duty cannabis use). Genetic testing (predates federal GINA 2008). Marital status.
Enforcement: DWD's Equal Rights Division investigates complaints, issues findings, and may pursue mediation, conciliation, or administrative hearings. Workers may file with ERD within 300 days of the alleged discriminatory act (longer than federal EEOC's 180/300-day windows). Under work-share agreements, ERD complaints often satisfy parallel EEOC filing requirements.
Damages framework: WFEL provides injunctive relief, back pay, and attorney fees. Compensatory damages and punitive damages have more restrictive availability than federal Title VII (where Title VII applies). Workers may pursue parallel federal claims under Title VII, ADEA, ADA, or PWFA where applicable; coordination between state ERD and federal EEOC is common in dual-filing scenarios.
Read the full Wisconsin wisconsin fair employment law (broader categories) guide →
06Wis. Stat. § 103.85 — 24 consecutive hours rest each calendar week
Wis. Stat. § 103.85 'One Day of Rest in Seven' law requires that 'every employer in any factory or mercantile establishment shall allow every person employed in such factory or mercantile establishment, except those persons specified in s. 103.85(2), at least 24 consecutive hours of rest in 7 consecutive days.' The 7-day measurement is the calendar week, not a rolling 7-day period.
Coverage under § 103.85(1): factories and mercantile establishments. Factory: any building or part thereof in which goods, articles, or merchandise are made, prepared, or assembled for sale. Mercantile establishment: any place where goods or articles are kept for sale at wholesale or retail. Excludes: hospitality (hotels, restaurants), agriculture, healthcare facilities, certain transportation operations.
Worker waiver under § 103.85(2): workers may voluntarily waive the rest day requirement in writing. The waiver must be documented and may be withdrawn by the worker at any time. Employer cannot pressure workers to waive; voluntary waiver only. Pattern coercion to obtain waivers can be challenged through DWD's ERD.
Calendar week scheduling flexibility: the rest day may be any 24-hour period within the calendar week. An employer may legally schedule a worker for 12 consecutive workdays if rest days fall on the first day of week 1 and the last day of week 2 (e.g., Monday rest week 1; Saturday work weeks 1-2; Sunday rest week 2). The arrangement complies with the 'one day in seven' framework even though no rest occurs during 12 consecutive workdays.
Penalties for violation: civil action through DWD ERD; potential civil penalties under § 103.85(3). Practical enforcement is moderate — most employers comply with weekly rest patterns absent specific operational pressures (peak retail seasons, manufacturing surges). Combined with WI OT framework, the rest-day requirement adds constraint to multi-shift scheduling but does not prevent extended workweeks where workers consent.
Read the full Wisconsin one day of rest in seven (factories/mercantile) guide →
0750+ employee employers — up to 6 weeks for organ/bone marrow donation
Wisconsin Bone Marrow and Organ Donation Leave Act under Wis. Stat. § 103.11 (effective 2009) requires employers with 50 or more permanent employees during at least 6 of the last 12 months to provide unpaid leave for workers serving as organ or bone marrow donors. Coverage and eligibility track WFMLA framework.
Worker eligibility: must have been employed by the employer for at least 52 consecutive weeks AND worked at least 1,000 hours in the preceding 52-week period. Same as WFMLA's eligibility threshold. The framework deliberately mirrors WFMLA to allow coordination.
Leave allotment: up to 6 weeks per 12-month period. Coverage extends to: bone marrow donation; organ donation including kidney, liver lobe, lung lobe, pancreas portion, intestine portion. Both surgery and recovery time are covered. Documentation: medical certification from treating physician confirming donation procedure and recovery requirements.
Job protection: workers returning from donation leave are entitled to reinstatement to the same or equivalent position with same pay, benefits, and seniority. Anti-retaliation provisions apply. The framework operates parallel to WFMLA — workers may use both if eligible (e.g., 6 weeks donation leave + 2 weeks WFMLA for own serious health condition recovery).
Paid leave substitution: workers may substitute accrued paid or unpaid leave (sick leave, vacation, PTO) during unpaid donation leave. The substitution converts unpaid donation leave into paid time without changing the underlying job protection or duration. Multi-state operators with WI workforces should configure: (1) detection of 50+ permanent employee threshold; (2) acceptance of medical certification for donation procedures; (3) coordination with WFMLA when both apply; (4) paid leave substitution per worker election.
Read the full Wisconsin bone marrow and organ donation leave guide →
08Multi-factor common law test; WI mini-WARN at 50+ employees
Wisconsin applies a multi-factor common law test for IC classification, structurally similar to the IRS framework under Rev. Rul. 87-41. Factors evaluated: behavioral control (instructions on how work is performed, training provided); financial control (method of payment, who provides tools and equipment, opportunity for profit or loss, unreimbursed business expenses); relationship type (written contracts, employee benefits, permanence of relationship, regular business of the employer).
The multi-factor test is more permissive than ABC test states (NJ, MA, CA, MD, CT, NV). Workers can be classified as IC in WI even when the work is part of the employer's regular business — provided control is properly limited and other factors support IC classification.
Misclassification consequences: unemployment insurance back-contributions plus penalties (Wisconsin DWD UI Division); workers' compensation premium back-payment plus exposure for any injuries during misclassified period (Wisconsin Workers' Compensation Division); federal IRS Form SS-8 reclassification with Section 3509 employment tax penalties; potential wage exposure under FLSA and state OT (Wis. Stat. § 103.01) if workers should have received minimum wage and OT.
Wisconsin Business Closing Law under Wis. Stat. § 109.07: requires employers with 50 or more employees in Wisconsin to provide 60 days' written notice prior to a 'business closing' or 'mass layoff.' Coverage thresholds: business closing affecting 25+ workers at a single site; mass layoff of 25+ workers (or 33% of workforce, whichever fewer) at a single site over 30 days; or substantial relocation of operations.
WI Business Closing Law penalties: failure to provide notice triggers civil action. Workers may recover back wages and benefits for the notice period (up to 60 days). Plus potential civil penalty up to $500/day to local government. Combined with federal WARN (29 USC § 2101 et seq., 100+ employee threshold, similar 60-day notice), employers with 50-99 WI employees face state-only WARN; 100+ face both. Multi-state operators planning closures should coordinate notice requirements per state framework.
Read the full Wisconsin ic classification + business closing law guide →