Minimum Wage
Minimum wage is the lowest hourly pay rate that employers are legally obligated to pay employees. The federal minimum wage is a wage baseline, but different states, cities, and regions can adopt their own rates.
$7.25 per hour for most employees
As of October 2024, Wisconsin wage and hour laws don't allow different cities to set their own minimum wage.
→ Learn more about Deputy's labor law compliance software
Tipped Minimum Wage
Tipped minimum wage is the lowest hourly pay rate employers are legally obligated to pay employees who earn a significant portion of their income through tips.
$2.33 per hour for all employees
Overtime Laws
The Wisconsin state overtime laws apply to most workers, including any state and local units of government.
Workers must be paid 1.5 times their regular rate for all hours worked over 40 hours in a workweek, regardless of their age.
Minors who are 16-17 years old must receive 1.5 times their regular rate for any hours worked over 10 hours per day, or 40 hours per week.
Meal and Rest Break
Wisconsin break and meal period laws require you to provide a 30-minute break to workers who are under 18 years old. The break is applied for every six consecutive hours of work. Shorter break periods may be given but are not required by law.
Wisconsin doesn't have state laws requiring meal or rest breaks for workers over 18. However, under federal law, breaks less than 30 consecutive minutes must be included in wages.
However, if the employee is "on duty" and takes a break longer than 30 consecutive minutes, the break is counted as work time and you must pay the employee for the break period. If the employee is relieved of any work duties and is allowed to leave the premises, breaks more than 30 consecutive minutes do not need to be paid out.
→ Find out how Deputy can help you simplify meal and rest break compliance
Leave and Holidays
Vacation leave
Wisconsin employment laws don't require public or private employers to give vacation time to workers, either with or without pay. Any agreements for leave are strictly between you as the employer and the employee. If an agreement is made for leave, employees have the right to file a wage claim with the DOL for unpaid wages.
Paid sick leave
Neither private nor public employers are required to provide paid or unpaid sick leave to workers in Wisconsin.
Holidays
Wisconsin has no laws that require private employers to provide paid or unpaid holiday leave. Only state-employed workers are eligible for holiday leave.
→ Learn more about Deputy's leave management software
Child Labor Laws
Workers must be at least 14 years old to be employed or permitted to work. Any workers between the ages of 12-15 are required to have a valid work permit before any work is performed.
All minors are entitled to a 30-minute, duty-free meal break if working six consecutive hours.
No state or federal law limits the hours that minors 16 or older may work except that they aren't allowed to work during school attendance periods.
Maximum hours of work for 14-15 year old minors
All hours below are enforced year-round, except from June 1 through Labor Day, which extends the permitted time of day from 7 AM to 9 PM.
Daily hours:
Eight hours on non-school days
Three hours on school days
Weekly hours:
40 hours on non-school weeks
18 hours on school weeks
Permitted time of day after Labor Day through May 31 — 7 AM-7 PM
Permitted time of day June 1 through Labor Day — 7 AM-9 PM
Any minors aged 16 and 17 years of age who are employed after 11 PM must have at least eight hours of rest between the end of one shift and the beginning of another. For more detailed information, see here.
Hiring and Firing
Hiring
The Wisconsin Fair Employment Law strictly prohibits any discrimination against any qualified job applicant because of:
Sex
Race
Disability
Age
Creed
Color
National origin
Ancestry
Sexual orientation
Marital status
Arrest and conviction record
Military status
Use of lawful products
Genetic testing
Any use of honesty tests by employers are regulated by the Fair Employment Law.
Firing
Wisconsin is known as an at-will employment state, meaning either the employer or the employee can end the employment at any time, for any lawful reason.
Under Wisconsin final paycheck law, employers must pay the terminated or resigned employee their final paycheck by the next scheduled payday or within 31 days, whichever comes sooner.
Disclaimer: The information provided in this publication is for general informational purposes only. Deputy makes no representations or warranties of any kind, express or implied, with respect to the software or the information contained in this publication. While, Deputy’s software is designed to simplify shift work by assisting with hiring, onboarding, scheduling, time and attendance tracking, payroll integration, and wage and hour compliance, it is not a substitute for payroll or legal advice, nor is it intended to relieve you of your obligation to comply with the legal requirements applicable to your business. It is ultimately your responsibility to ensure that your use of Deputy complies with all applicable laws and regulations. Please review our Product Specific Terms for more information about your compliance responsibilities.