It depends. Wisconsin does not require employers to provide fringe benefits like vacation, holiday, or sick pay. If an employer does offer these benefits, they can set their own conditions. Employers should follow their own vacation or resignation policies. Generally, an employer must pay for any earned, unused vacation time if: 1) there is a written vacation policy, and 2) the policy does not include a written forfeit clause.
Wisconsin Labor Laws
Wisconsin Minimum Wage
The minimum wage rate in Wisconsin is $7.25 per hour, which is the same as the federal rate.
Wisconsin Labor Law Posters
Simplify labor law compliance and make workplace policies visible with J. J. Keller state and federal labor law posters.
History of Wisconsin Labor Laws
The current minimum wage rate in Wisconsin has been $7.25 per hour since 2009, aligning with the federal rate increase at that time.
Municipality Minimum Wage Laws
Chapter 104.001 of the Wisconsin Minimum Wage Law, in effect since 2005, prohibits any city, village, town, or county from enacting or administering an ordinance that sets a minimum wage.
Wisconsin Minimum Wage Exemptions
Some employees in Wisconsin can be paid less than $7.25 per hour. These employees include:
- Tipped employees: They receive $2.33 per hour. If their tips plus the employer’s wages do not equal at least $7.25 per hour, the employer must make up the difference.
- Opportunity employees: These are individuals under the age of 20 who can be paid $5.90 per hour during their first 90 consecutive calendar days of employment. If they turn 20 during this period, they must be paid $7.25 per hour from that point onward.
- Tipped opportunity employees: They receive $2.13 per hour. The same rule applies regarding tips and the employer making up the difference to reach $7.25 per hour.
- Caddies: They are paid $5.90 for nine holes and $10.50 for 18 holes.
- Camp counselors: They must be paid at least $350 per week with no board or lodging, $265 per week with board only, or $210 per week with board and lodging.
Wisconsin Posting Requirements
Required posters:
- Minimum Wage
- Child Labor
- Closing/Mass Layoff Notification Law
- Bone Marrow and Organ Donation Leave
- Fair Employment
- Cessation of Healthcare Benefits
- Family and Medical Leave Law
- Employee Protections Against Use of Honesty Testing
- Notice to Employees about Claiming Unemployment Benefits
- No Smoking Sign
Tipped Wage in Wisconsin
Employers in Wisconsin can use the tipped rate of $2.33 per hour only if the employee receives tips “customarily and regularly.” For instance, someone who only receives tips around Christmas or New Year’s Eve would not qualify as a tipped employee.
Tip pooling is permitted in Wisconsin. According to the Department of Workforce Development rules (Chapter 272.03), this includes wait staff and bussers.
Overtime Wage in Wisconsin
Employers must pay overtime at a rate of time-and-a-half the regular rate of pay for hours worked over 40 in a workweek. For minors aged 16 and 17, overtime must be paid after 10 hours in a day, as well as after 40 hours in a workweek.
Similar to the federal Fair Labor Standards Act, executive, administrative, and professional employees are exempt from overtime according to state law.
The following types of employers are also exempt from overtime if they meet specific requirements:
- Agriculture
- Domestic service
- Some non-profit organizations
- Federal agencies
Child Labor Laws in Wisconsin
Employment Hours for Minors in Wisconsin
For 14- and 15-Year-Olds:
From the day after Labor Day through May 31:
- Up to 3 hours per day on school days and 18 hours per week during school weeks
- Up to 8 hours per day on non-school days and 40 hours per week during non-school weeks
- Work hours are from 7 a.m. to 7 p.m.
From June 1 through Labor Day:
- Up to 3 hours per day on school days and 18 hours per week during school weeks
- Up to 8 hours per day on non-school days and 40 hours per week during non-school weeks
- Work hours are from 7 a.m. to 9 p.m.
For 16- and 17-Year-Olds:
- Up to 5 hours per school day (with an exception: on the last school day of the calendar week and on non-school days, they may work up to 8 hours)
- Up to 26 hours during a school week (with an exception: during a calendar week in which school is in session fewer than five days, they may work up to 32 hours)
- Up to 50 hours during a non-school week
Additional Regulations:
- There is an exception to the hours limit for minors aged 14 to 17 working in agriculture during peak periods.
- Minors aged 14 to 17 must be given a 30-minute meal period if they work six consecutive hours.
- Minors aged 16 or 17 working after 11 p.m. must be given at least eight hours of rest after the end of their shift.
Employer Recordkeeping Requirements in Wisconsin
Wisconsin employers are required to maintain records for nonexempt employees that include the following information:
- Name and address
- Date of birth
- Date of entering and leaving employment
- Time of beginning and ending work each day
- Time of beginning and ending meal periods if these are required or deducted from work time (unless business activity ceases on a regularly scheduled basis)
- Total number of hours worked per day and per week
- Rate of pay and wages paid each payroll period
- Amount and reason for each deduction from wages earned
- Output of employee (if paid on a basis other than time)
These records must be kept for three years.
Wisconsin Labor Law Questions & Answers
Yes, small businesses in Wisconsin must pay their employees the state minimum wage of $7.25 per hour.
For 14- and 15-year-olds:
- Up to 3 hours per school day (18 hours per school week)
- Up to 8 hours per non-school day (40 hours per non-school week)
For 16- and 17-year-olds:
- Up to 5 hours per school day
- On the last school day of the week and non-school days, up to 8 hours
- Up to 26 hours during a school week, or 32 hours if school is in session fewer than five days
- Up to 50 hours during a non-school week
Yes, overtime must be paid if an employee works more than 40 hours in a workweek.
No, not for adult employees. Wisconsin law does not require employers to provide short rest periods, coffee breaks, or meal periods. However, employees under 18 must be given a 30-minute meal break if they work more than six consecutive hours.
Wisconsin Labor Law Posters
Simplify labor law compliance and make workplace policies visible with J. J. Keller state and federal labor law posters.