Question 1

What is the minimum wage in Wisconsin?

Accepted Answer

$7.25 per hour. Workers under 20 may be paid an opportunity wage of $5.90 per hour for their first 90 consecutive days (or until they turn 20, if sooner).

Question 2

What is the tipped minimum wage in Wisconsin?

Accepted Answer

At least $2.33 per hour in cash wages. If tips plus the cash wage do not average at least $7.25 per hour over the pay period, the employer must make up the difference.

Question 3

What are the overtime rules in Wisconsin?

Accepted Answer

Time and one-half the regular rate for hours over 40 in a workweek. No daily overtime (except some public works projects). Paid vacation, sick and holiday hours do not count toward the 40. Exemptions include agricultural workers, certain executive, administrative and professional employees, and most non-profit organizations (but not non-profit restaurants or hotels).

Question 4

Are breaks required by law in Wisconsin?

Accepted Answer

No state requirement for workers 18 and older (the state encourages a 30-minute lunch break). Any authorized break shorter than 30 consecutive minutes counts as paid work time. Workers under 18 must get a 30-minute duty-free meal period for every six consecutive hours worked.

Question 5

When do I get my final paycheck if I'm fired in Wisconsin?

Accepted Answer

Paid in full no later than the next regular payday under the employer's payroll schedule, or within 31 days, whichever is earlier (does not apply to commissioned sales agents or employees with a written contract for a definite period).

Question 6

When do I get my final paycheck if I quit in Wisconsin?

Accepted Answer

Same as when fired: by the next regular payday, or within 31 days, whichever is earlier.

Question 7

Does an employer have to pay out unused PTO in Wisconsin?

Accepted Answer

Not required by statute. DWD can pursue claims for vacation pay and similar benefits when they were agreed between employer and employee or provided under the employer's established policy.

Question 8

How often must employees be paid in Wisconsin?

Accepted Answer

At least monthly, with no more than 31 days between paydays. Loggers and farm workers may be paid quarterly. Employers may pay more often (weekly, biweekly, semimonthly).

Question 9

Do employers have to give pay stubs in Wisconsin?

Accepted Answer

Required. Each paycheck, pay envelope or accompanying paper must show hours worked, rate of pay, and the amount of and reason for each deduction (a reasonable coding system is allowed). This applies even with direct deposit. Electronic stubs are allowed if the employee can print them at no charge.

Question 10

Is it illegal to fire someone for reporting a violation in Wisconsin?

Accepted Answer

Wisconsin has no single general whistleblower law for private employees. Employers may not retaliate against employees for trying to enforce, or taking part in an investigation under, specific state labor laws (such as the overtime law, the Wisconsin Family and Medical Leave Act and the Employee's Right to Know law). Retaliation complaints are filed with DWD's Equal Rights Division.

Question 11

Where do I file a job discrimination complaint in Wisconsin?

Accepted Answer

Equal Rights Division of the Wisconsin Department of Workforce Development. The Wisconsin Fair Employment Act covers employers of at least one employee (and the state). A complaint must be filed within 300 days of the discriminatory act or of when you learned of it.

Question 12

Are non-compete agreements enforceable in Wisconsin?

Accepted Answer

Enforceable only if the restrictions on territory and time are reasonably necessary to protect the employer. If any part of a non-compete is an unreasonable restraint, the entire covenant is void and unenforceable, even the reasonable parts.

Question 13

How do I apply for unemployment in Wisconsin?

Accepted Answer

Wisconsin Department of Workforce Development, Unemployment Insurance Division. Apply online any time, then file weekly claims to receive payments.

Minimum wage	$7.25 per hour. Workers under 20 may be paid an opportunity wage of $5.90 per hour for their first 90 consecutive days (or until they turn 20, if sooner). No change scheduled. Source: Wisconsin minimum wage law (DWD)
Tipped minimum wage	At least $2.33 per hour in cash wages. If tips plus the cash wage do not average at least $7.25 per hour over the pay period, the employer must make up the difference. Source: Wisconsin minimum wage law (DWD)
Overtime	Time and one-half the regular rate for hours over 40 in a workweek. No daily overtime (except some public works projects). Paid vacation, sick and holiday hours do not count toward the 40. Exemptions include agricultural workers, certain executive, administrative and professional employees, and most non-profit organizations (but not non-profit restaurants or hotels). Source: Wis. Stat. § 103.02
How often you must be paid	At least monthly, with no more than 31 days between paydays. Loggers and farm workers may be paid quarterly. Employers may pay more often (weekly, biweekly, semimonthly). Wage claims can be filed with DWD within 2 years of the date the wages were payable. Source: Wis. Stat. § 109.03(1)
Pay stubs	Required. Each paycheck, pay envelope or accompanying paper must show hours worked, rate of pay, and the amount of and reason for each deduction (a reasonable coding system is allowed). This applies even with direct deposit. Electronic stubs are allowed if the employee can print them at no charge. Source: Wis. Stat. ch. 109

Final paycheck if fired or laid off	Paid in full no later than the next regular payday under the employer's payroll schedule, or within 31 days, whichever is earlier (does not apply to commissioned sales agents or employees with a written contract for a definite period). Source: Wis. Stat. § 109.03(2)
Final paycheck if you quit	Same as when fired: by the next regular payday, or within 31 days, whichever is earlier. Source: Wis. Stat. § 109.03(2)
Unused vacation / PTO payout	Not required by statute. DWD can pursue claims for vacation pay and similar benefits when they were agreed between employer and employee or provided under the employer's established policy. Source: Wis. Stat. ch. 109
Unemployment benefits	Wisconsin Department of Workforce Development, Unemployment Insurance Division. Apply online any time, then file weekly claims to receive payments. Source: Wisconsin DWD Unemployment Insurance

Whistleblower and retaliation protection	Wisconsin has no single general whistleblower law for private employees. Employers may not retaliate against employees for trying to enforce, or taking part in an investigation under, specific state labor laws (such as the overtime law, the Wisconsin Family and Medical Leave Act and the Employee's Right to Know law). Retaliation complaints are filed with DWD's Equal Rights Division. Source: Wis. Stat. § 111.322(2m)
Job discrimination complaints	Equal Rights Division of the Wisconsin Department of Workforce Development. The Wisconsin Fair Employment Act covers employers of at least one employee (and the state). A complaint must be filed within 300 days of the discriminatory act or of when you learned of it. Source: Wis. Stat. § 111.32(6)(a); Wisconsin Fair Employment Act
Non-compete agreements	Enforceable only if the restrictions on territory and time are reasonably necessary to protect the employer. If any part of a non-compete is an unreasonable restraint, the entire covenant is void and unenforceable, even the reasonable parts. Source: Wis. Stat. § 103.465

Wisconsin Employment Law: Wages, Final Pay, Breaks and Your Rights at Work

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