{ "type": "practice-guide", "canonical": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin", "links": [ { "rel": "self", "href": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin.json", "type": "application/json" }, { "rel": "alternate", "href": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin", "type": "text/html" }, { "rel": "alternate", "href": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin/markdown", "type": "text/markdown" }, { "rel": "alternate", "href": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin/json", "type": "application/json" }, { "rel": "license", "href": "https://creativecommons.org/licenses/by/4.0/", "type": "text/html", "external": true, "title": "CC BY 4.0" } ], "data": { "topic": "wage-and-hour", "state": "wisconsin", "frontmatter": { "title": "Wage and Hour Law in Wisconsin", "description": "How Wisconsin law sets the minimum wage, weekly overtime, meal and rest periods, final-pay deadlines, pay frequency, pay-statement and deduction rules, worker classification, the tip credit, and wage-claim enforcement.", "state": "Wisconsin", "lastReviewed": "2026-10-15", "license": "CC BY 4.0", "authors": [ "steven-obiajulu" ], "summary": { "minimumWageFloor": "federal", "bottomLine": "Wisconsin sets a $7.25 general minimum wage, generally requires private employers in covered establishments to pay time and one-half for hours over 40 a week, mandates no meal or rest break for adults, and requires full final pay no later than the employee's regular payday.", "keyLaw": [ { "source": "wi-minimum-wage-rate" }, { "source": "wi-overtime-forty-hours" }, { "source": "wi-final-pay-next-payday" }, { "source": "wi-pay-frequency-monthly" } ], "dailyOvertime": "weeklyOnly", "mealRestBreaks": "none", "finalPayTiming": "nextPayday", "latePayPenalty": "multiplierPenalty", "payFrequency": "monthly", "wageStatement": "basicRequired", "workerClassificationTest": "economicRealities", "tipCredit": "partialTipCredit", "currentAsOf": "2026-10-15" }, "about": [ "Minimum wage", "Overtime", "Meal and rest breaks", "Final pay", "Pay frequency", "Pay statements and deductions", "Worker classification", "Tip credit" ] }, "questions": [ { "slug": "minimum-wage", "label": "What is the state minimum wage, and how does it relate to the federal floor?", "heading": "What is the minimum wage?", "answerText": "Wisconsin employers must pay most employees at least $7.25 per hour, with a lower statutory rate for opportunity employees and a lower cash rate for tipped employees that applies only when payroll records show that weekly tips plus wages reach the applicable minimum. Every wage a Wisconsin employer pays or agrees to pay an employee must be at least the applicable statutory minimum wage, except as a separate licensing provision of the minimum wage law provides. Federal minimum wage law is discussed in the federal wage and hour guide.", "sources": [ { "id": "wi-minimum-wage-rate", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 104.035 (minimum wage rates)", "citation": "Wis. Stat. § 104.035(1)(a)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/104/035", "proposition": "Wis. Stat. § 104.035(1)(a) states that, except as subsections (2) to (8) provide, the Wisconsin minimum wage is $7.25 per hour.", "verbatimQuote": "Except as provided in subs. (2) to (8), the minimum wage is $7.25 per hour.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-minimum-wage-rate" }, { "id": "wi-tipped-employee-minimum-rates", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 104.035 (tipped employees)", "citation": "Wis. Stat. § 104.035(3)(a)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/104/035", "proposition": "Wis. Stat. § 104.035(3)(a) sets a lower minimum wage for a tipped employee, $2.33 per hour or $2.13 per hour for an opportunity employee, when the employer's payroll records establish that weekly tips plus wages reach the applicable minimum wage.", "verbatimQuote": "Except as provided in subs. (4) to (8), if an employer of a tipped employee establishes by the employer’s payroll records that, when adding the tips received by the tipped employee in a week to the wages paid to the tipped employee in that week, the tipped employee receives not less than the applicable minimum wage specified in sub. (1), (2), or (2m), the minimum wage for the tipped employee is as follows: 1. For wages earned by a tipped employee who is not an opportunity employee, $2.33 per hour. 2. For wages earned by a tipped employee who is an opportunity employee, $2.13 per hour.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-tipped-employee-minimum-rates" }, { "id": "wi-minimum-wage-pay-requirement", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 104.02 (requirement to pay minimum wage)", "citation": "Wis. Stat. § 104.02", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/104/02", "proposition": "Wis. Stat. § 104.02 requires every wage paid or agreed to be paid to an employee to be at least the applicable minimum wage under § 104.035, except as § 104.07 provides.", "verbatimQuote": "Every wage paid or agreed to be paid by any employer to any employee, except as otherwise provided in s. 104.07, shall be not less than the applicable minimum wage established under s. 104.035.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-minimum-wage-pay-requirement" }, { "id": "wi-minor-minimum-wage", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 104.035 (minor employees)", "citation": "Wis. Stat. § 104.035(2)(a)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/104/035", "proposition": "Wis. Stat. § 104.035(2)(a) states that, except as subsections (2m) to (8) provide, the minimum wage for a minor employee is $7.25 per hour.", "verbatimQuote": "Except as provided in subs. (2m) to (8), the minimum wage for a minor employee is $7.25 per hour.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-minor-minimum-wage" }, { "id": "wi-opportunity-employee-definition", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 104.01 (definitions)", "citation": "Wis. Stat. § 104.01(5m)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/104/01", "proposition": "Wis. Stat. § 104.01(5m) defines an opportunity employee as a person under 20 years of age in the first 90 consecutive days of employment with the employer.", "verbatimQuote": "“Opportunity employee” means a person under 20 years of age who is in the first 90 consecutive days of employment with his or her employer.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-opportunity-employee-definition" }, { "id": "wi-opportunity-employee-wage", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 104.035 (opportunity employees)", "citation": "Wis. Stat. § 104.035(2m)(a)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/104/035", "proposition": "Wis. Stat. § 104.035(2m)(a) states that, except as subsections (3) to (8) provide, the minimum wage for an opportunity employee is $5.90 per hour.", "verbatimQuote": "Except as provided in subs. (3) to (8), the minimum wage for an opportunity employee is $5.90 per hour.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-opportunity-employee-wage" }, { "id": "wi-agricultural-minimum-wage", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 104.035 (agricultural employees)", "citation": "Wis. Stat. § 104.035(4)(a)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/104/035", "proposition": "Wis. Stat. § 104.035(4)(a) states that, except as subsections (7) and (8) provide, the minimum wage for an agricultural employee is $7.25 per hour.", "verbatimQuote": "Except as provided in subs. (7) and (8), the minimum wage for an agricultural employee is $7.25 per hour.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-agricultural-minimum-wage" }, { "id": "wi-camp-counselor-weekly-wage", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 104.035 (camp counselors)", "citation": "Wis. Stat. § 104.035(5)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/104/035", "proposition": "Wis. Stat. § 104.035(5) sets the minimum wage for a seasonal recreational or educational camp counselor at $350 per week without meals and lodging, $265 per week with only meals, and $210 per week with both.", "verbatimQuote": "The minimum wage for a counselor at a seasonal recreational or educational camp, including a day camp, is $350 per week if meals and lodging are not furnished, $265 per week if only meals are furnished, and $210 per week if both meals and lodging are furnished.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-camp-counselor-weekly-wage" }, { "id": "wi-golf-caddy-minimum-wage", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 104.035 (golf caddies)", "citation": "Wis. Stat. § 104.035(6)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/104/035", "proposition": "Wis. Stat. § 104.035(6) sets the minimum wage for a golf caddy at $10.50 for 18 holes and $5.90 for 9 holes.", "verbatimQuote": "The minimum wage for a golf caddy is $10.50 for caddying 18 holes and $5.90 for caddying 9 holes.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-golf-caddy-minimum-wage" }, { "id": "wi-minimum-wage-private-coverage", "authorityType": "regulation", "tier": "primary-source-backed", "title": "Wis. Admin. Code § DWD 272.02 (applicability of orders)", "citation": "Wis. Admin. Code § DWD 272.02", "url": "https://docs.legis.wisconsin.gov/code/admin_code/dwd/270_279/272/02", "proposition": "Wis. Admin. Code § DWD 272.02 states that the chapter's minimum rates apply to all employees, including indentured apprentices, at private employments including nonprofit organizations, however they are paid.", "verbatimQuote": "The rates prescribed in this chapter shall apply to all employees, including indentured apprentices, employed at private employments including nonprofit organizations, whether paid on a time, piece rate, commission, or other basis.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-minimum-wage-private-coverage" }, { "id": "wi-department-special-minimum-rates", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 104.035 (minimum wage established by department)", "citation": "Wis. Stat. § 104.035(7)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/104/035", "proposition": "Wis. Stat. § 104.035(7) requires the department to set by rule the minimum wage for an employee or worker with a disability covered by a § 104.07 license, a student learner, and a student employed by an independent college or university for less than 20 hours per week.", "verbatimQuote": "The department shall promulgate rules providing the minimum wage for all of the following: (a) An employee or worker with a disability covered under a license under s. 104.07. (b) A student learner. (c) A student employed by an independent college or university for less than 20 hours per week.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-department-special-minimum-rates" }, { "id": "wi-department-minimum-wage-exemptions", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 104.035 (employment exempted by department)", "citation": "Wis. Stat. § 104.035(8)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/104/035", "proposition": "Wis. Stat. § 104.035(8) requires the department to exempt by rule casual home employment of not more than 15 hours per week, certain resident companionship work with not more than 15 hours per week of general household work, and elementary or secondary school students performing student work-like activities in their school.", "verbatimQuote": "The department shall promulgate rules exempting from the minimum wage requirements under subs. (1) to (7) all of the following: (a) A person engaged in casual employment in and around an employer’s home on an irregular or intermittent basis for not more than 15 hours per week. (b) A person who resides in the home of an employer who, due to advanced age or physical or mental disability, cannot care for his or her own needs, for the purpose of companionship and who spends not more than 15 hours per week on general household work for the employer. (c) An elementary or secondary school student performing student work-like activities in the student’s school.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-department-minimum-wage-exemptions" }, { "id": "wi-casual-home-employment-exclusion", "authorityType": "regulation", "tier": "primary-source-backed", "title": "Wis. Admin. Code § DWD 272.06 (casual employment)", "citation": "Wis. Admin. Code § DWD 272.06(2)", "url": "https://docs.legis.wisconsin.gov/code/admin_code/dwd/270_279/272/06", "proposition": "Wis. Admin. Code § DWD 272.06(2) states that the DWD 272.03 minimum rates do not apply to casual employment in or around a home in work usual to the employer's home and not connected with the employer's business, trade or profession.", "verbatimQuote": "The minimum rates prescribed by s. DWD 272.03 shall not apply to casual employment in or around a home in work usual to the home of the employer, and not in connection with or part of the business, trade or profession of the employer.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-casual-home-employment-exclusion" }, { "id": "wi-no-gender-specific-minimum", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 104.035 (gender-specific minimum wage prohibited)", "citation": "Wis. Stat. § 104.035(9)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/104/035", "proposition": "Wis. Stat. § 104.035(9) bars the department from establishing a different minimum wage for men and women.", "verbatimQuote": "The department may not establish a different minimum wage for men and women.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-no-gender-specific-minimum" }, { "id": "wi-local-ordinance-preemption", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 104.001 (statewide concern; uniformity)", "citation": "Wis. Stat. § 104.001(2)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/104/001", "proposition": "Wis. Stat. § 104.001(2) bars a city, village, town or county from enacting and administering a minimum wage ordinance and voids any such ordinance in effect on June 16, 2005.", "verbatimQuote": "A city, village, town, or county may not enact and administer an ordinance establishing a minimum wage. Any city, village, town, or county minimum wage ordinance that is in effect on June 16, 2005, is void.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-local-ordinance-preemption" }, { "id": "wi-statewide-uniform-minimum", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 104.001 (statewide concern; uniformity)", "citation": "Wis. Stat. § 104.001(1)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/104/001", "proposition": "Wis. Stat. § 104.001(1) states the legislature's finding that a uniform statewide minimum wage is a matter of statewide concern.", "verbatimQuote": "The legislature finds that the provision of a minimum wage that is uniform throughout the state is a matter of statewide concern and that the enactment of a minimum wage ordinance by a city, village, town, or county would be logically inconsistent with, would defeat the purpose of, and would go against the spirit of this chapter. Therefore, this chapter shall be construed as an enactment of statewide concern for the purpose of providing a minimum wage that is uniform throughout the state.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-statewide-uniform-minimum" } ] }, { "slug": "overtime", "label": "Does the state require daily overtime beyond the federal 40-hour weekly rule?", "heading": "When is overtime owed?", "answerText": "Under the Department of Workforce Development's overtime rule, Wisconsin private employers in manufactories, mechanical or mercantile establishments, restaurants, hotels and other listed establishments must pay nonexempt employees time and one-half the regular rate for hours over 40 a week. For employees of the state and local governments, the department's overtime pay, exemption and records provisions do not apply, and the federal Fair Labor Standards Act and the U.S. Department of Labor's regulations for state and local government employees govern instead. Overtime is generally measured by the week. Hospitals and other institutions primarily engaged in the care of the sick, the aged, the mentally ill or persons with developmental disabilities who reside on the premises may, by an agreement made before the work is performed, use a 14-day period instead, paying time and one-half for hours over eight in a day and over 80 in the 14 days. The Department of Workforce Development's street trades rule requires minors 16 and 17 years of age to receive overtime as provided under the employer's pay plan for other workers, and never less than time and one-half their regular rate for hours over 10 a day or over 40 a week, whichever is greater. The department's general rule on minors' hours of labor contains no daily overtime requirement; its current text addresses only work-experience programs and minors in home-based private educational programs and charter schools. The overtime exemptions, which are interpreted consistently with the federal Fair Labor Standards Act, include persons whose primary duty consists of administrative, executive or professional work. Federal overtime law is discussed in the federal wage and hour guide.", "sources": [ { "id": "wi-overtime-forty-hours", "authorityType": "regulation", "tier": "primary-source-backed", "title": "Wis. Admin. Code § DWD 274.03 (overtime pay)", "citation": "Wis. Admin. Code § DWD 274.03", "url": "https://docs.legis.wisconsin.gov/code/admin_code/dwd/270_279/274/03", "proposition": "Wis. Admin. Code § DWD 274.03 requires each covered employer, except as DWD 274.08 provides, to pay time and one-half the regular rate for all hours worked over 40 per week.", "verbatimQuote": "Except as provided in s. DWD 274.08, each employer subject to this chapter shall pay to each employee time and one-half the regular rate of pay for all hours worked in excess of 40 hours per week.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-overtime-forty-hours" }, { "id": "wi-overtime-chapter-coverage", "authorityType": "regulation", "tier": "primary-source-backed", "title": "Wis. Admin. Code § DWD 274.015 (applicability of chapter)", "citation": "Wis. Admin. Code § DWD 274.015", "url": "https://docs.legis.wisconsin.gov/code/admin_code/dwd/270_279/274/015", "proposition": "Wis. Admin. Code § DWD 274.015 states that chapter DWD 274 covers employees of manufactories, mechanical or mercantile establishments, restaurants, hotels and other listed establishments and of the state and its political subdivisions, and does not cover employees employed in domestic service in a household by a household.", "verbatimQuote": "Pursuant to s. 103.01 (1), Stats., employees employed in manufactories, mechanical or mercantile establishments, beauty parlors, laundries, restaurants, confectionary stores, telegraph or telephone offices or exchanges or express or transportation establishments, hotels, and by the state, its political subdivisions and any office, department, independent agency, authority, institution, association, society or other body in state or local government created or authorized to be created by the constitution or any law, including the legislature and the courts, are covered by this chapter. Employees employed in domestic service in a household by a household are not subject to this chapter.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-overtime-chapter-coverage" }, { "id": "wi-public-employees-scope", "authorityType": "regulation", "tier": "primary-source-backed", "title": "Wis. Admin. Code § DWD 274.08 (coverage of public employees)", "citation": "Wis. Admin. Code § DWD 274.08(1)", "url": "https://docs.legis.wisconsin.gov/code/admin_code/dwd/270_279/274/08", "proposition": "Wis. Admin. Code § DWD 274.08(1) states that the section applies to employees of the state, its political subdivisions and other bodies in state or local government.", "verbatimQuote": "This section applies to employees of the state, its political subdivisions, and any office, department, independent agency, authority, institution, association, society or other body in state or local government created or authorized to be created by the constitution or any law, including the legislature and the courts.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-public-employees-scope" }, { "id": "wi-public-employees-federal-rules", "authorityType": "regulation", "tier": "primary-source-backed", "title": "Wis. Admin. Code § DWD 274.08 (coverage of public employees)", "citation": "Wis. Admin. Code § DWD 274.08(2)", "url": "https://docs.legis.wisconsin.gov/code/admin_code/dwd/270_279/274/08", "proposition": "Wis. Admin. Code § DWD 274.08(2) states that the DWD 274.03 to 274.06 overtime pay, exemption and records provisions do not apply to state and local government employees, and that the federal Fair Labor Standards Act and the U.S. Department of Labor's state and local government regulations apply instead.", "verbatimQuote": "The provisions of ss. DWD 274.03 through 274.06 regarding overtime pay, exemptions, and records shall not be applicable to employees identified in sub. (1). The provisions applicable to employees identified in sub. (1) shall be the provisions of the federal Fair Labor Standards Act, 29 CFR Part 553, the regulations of the U.S. department of labor relating to the application of the Act to employees of state and local governments, and other federal regulations relating to the application of the Act to overtime issues affecting employees of state and local governments.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-public-employees-federal-rules" }, { "id": "wi-overtime-definition-weekly", "authorityType": "regulation", "tier": "primary-source-backed", "title": "Wis. Admin. Code § DWD 274.01 (definitions)", "citation": "Wis. Admin. Code § DWD 274.01(4)", "url": "https://docs.legis.wisconsin.gov/code/admin_code/dwd/270_279/274/01", "proposition": "Wis. Admin. Code § DWD 274.01(4) defines overtime as hours over 40 hours of work per week.", "verbatimQuote": "“Overtime” means hours in excess of 40 hours of work per week.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-overtime-definition-weekly" }, { "id": "wi-hospital-fourteen-day-period", "authorityType": "regulation", "tier": "primary-source-backed", "title": "Wis. Admin. Code § DWD 274.04 (hospital and care institution work period)", "citation": "Wis. Admin. Code § DWD 274.04(11)", "url": "https://docs.legis.wisconsin.gov/code/admin_code/dwd/270_279/274/04", "proposition": "Wis. Admin. Code § DWD 274.04(11) permits a hospital or other listed care institution and its employees to agree, before the work is performed, to a 14-day work period for overtime computation if time and one-half is paid for hours over eight in a day and over 80 in the 14 days.", "verbatimQuote": "Employees of a hospital or other institutions primarily engaged in the care of the sick, the aged, the mentally ill or persons with developmental disabilities who reside on the premises may have an agreement between the employer and the employee before performance of the work for the purpose of overtime computation. A work period of 14 consecutive days is accepted in lieu of the workweek of seven consecutive days for purposes of overtime computation if time and one-half the regular rate of pay is paid for all hours worked in excess of eight hours per day and 80 hours within the 14 day period.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-hospital-fourteen-day-period" }, { "id": "wi-street-trades-minor-overtime", "authorityType": "regulation", "tier": "primary-source-backed", "title": "Wis. Admin. Code § DWD 270.20 (street trades)", "citation": "Wis. Admin. Code § DWD 270.20(4)(d)", "url": "https://docs.legis.wisconsin.gov/code/admin_code/dwd/270_279/270/20", "proposition": "Wis. Admin. Code § DWD 270.20(4)(d) requires minors 16 and 17 years of age to receive overtime as provided under the employer's pay plan to other workers, and never less than time and one-half their regular rate for overtime hours over 10 per day or over 40 per week, whichever is greater.", "verbatimQuote": "Minors 16 and 17 years of age must receive overtime as provided under the employer’s pay plan to other workers, but in no case shall the payment be less than time and one-half their regular rate of pay for all overtime hours worked over 10 hours per day or over 40 hours per week whichever is greater.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-street-trades-minor-overtime" }, { "id": "wi-minors-hours-rule-current-text", "authorityType": "regulation", "tier": "primary-source-backed", "title": "Wis. Admin. Code § DWD 270.11 (hours of labor of minors)", "citation": "Wis. Admin. Code § DWD 270.11", "url": "https://docs.legis.wisconsin.gov/code/admin_code/dwd/270_279/270/11", "proposition": "Wis. Admin. Code § DWD 270.11 modifies Wis. Stat. § 103.68 for minors' hours of labor by providing that work-experience program hours during school hours do not count toward permitted hours and by addressing minors in home-based private educational programs and charter schools.", "verbatimQuote": "The following requirements modify s. 103.68, Stats., as provided under s. 103.66, Stats., and shall be deemed to be necessary to protect minors from employment dangerous or prejudicial to their life, health, safety, or welfare: (1m) Work experience program. Hours worked as part of a work experience program during school hours shall not count as part of the total permitted hours of work per day or per week. (4) Home and charter schools. (d) Minors 12 to 15 years of age who participate in a home-based private educational program, as defined in s. 115.001 (3g), Stats., that meets all the criteria under s. 118.165 (1), Stats., may work the same hours as if they were enrolled in public school as provided in s. 103.68 (2), Stats. (e) Minors who are enrolled in a charter school may not work during hours they are scheduled to be in the charter school.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-minors-hours-rule-current-text" }, { "id": "wi-overtime-exemptions-white-collar", "authorityType": "regulation", "tier": "primary-source-backed", "title": "Wis. Admin. Code § DWD 274.04 (exemptions)", "citation": "Wis. Admin. Code § DWD 274.04", "url": "https://docs.legis.wisconsin.gov/code/admin_code/dwd/270_279/274/04", "proposition": "Wis. Admin. Code § DWD 274.04 exempts covered employers from the DWD 274.03 overtime requirement for listed employees, including persons whose primary duty consists of administrative, executive or professional work, and requires the exemptions to be interpreted consistently with the federal Fair Labor Standards Act.", "verbatimQuote": "Except as provided in s. DWD 274.08, each employer subject to ch. DWD 274 shall be exempt from the overtime pay requirements in s. DWD 274.03 and these exemptions shall be interpreted in such a manner as to be consistent with the Federal Fair Labor Standards Act and the Code of Federal Regulations as amended, relating to the application of that act to all issues of overtime in respect to the following employees: (1) Persons whose primary duty consists of administrative, executive or professional work.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-overtime-exemptions-white-collar" }, { "id": "wi-hours-classification-authority", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 103.02 (hours of labor)", "citation": "Wis. Stat. § 103.02", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/103/02", "proposition": "Wis. Stat. § 103.02 requires the Department of Workforce Development to classify, by rule, periods paid at regular rates and periods paid at least one and one-half times the regular rates.", "verbatimQuote": "The department shall, by rule, classify such periods of time into periods to be paid for at regular rates and periods to be paid for at the rate of at least one and one-half times the regular rates.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-hours-classification-authority" }, { "id": "wi-public-compensatory-time", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 103.025 (compensatory time)", "citation": "Wis. Stat. § 103.025(2)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/103/025", "proposition": "Wis. Stat. § 103.025(2) permits an employer described in § 103.01(1)(b) to provide compensatory time off in lieu of overtime compensation as 29 U.S.C. § 207(o) permits.", "verbatimQuote": "An employer described in s. 103.01 (1) (b) may provide an employee, in lieu of overtime compensation, compensatory time off as permitted under 29 USC 207 (o), as amended to April 15, 1986.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-public-compensatory-time" }, { "id": "wi-tipped-regular-rate", "authorityType": "regulation", "tier": "primary-source-backed", "title": "Wis. Admin. Code § DWD 272.03 (overtime payments for tipped employees)", "citation": "Wis. Admin. Code § DWD 272.03(2)(h)", "url": "https://docs.legis.wisconsin.gov/code/admin_code/dwd/270_279/272/03", "proposition": "Wis. Admin. Code § DWD 272.03(2)(h) states that a tipped employee's regular rate includes the tip credit taken and the cash wages, including commissions and certain bonuses, the employer pays.", "verbatimQuote": "A tipped employee’s regular rate of pay includes the amount of tip credit taken by the employer, and the cash wages including commissions and certain bonuses paid by the employer.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-tipped-regular-rate" } ] }, { "slug": "meal-rest-breaks", "label": "Are meal and rest breaks mandated, and are they paid?", "heading": "Are breaks required?", "answerText": "Wisconsin employers are not required to give employees 18 or older breaks or meal periods, though a Department of Workforce Development rule recommends a meal period of at least 30 minutes. When a Wisconsin employer authorizes rest periods or breaks of less than 30 consecutive minutes per shift, they count as work time with no deduction from wages. An on-duty meal period, one without at least 30 minutes free from work or in which the employee is not free to leave the premises, must be paid as work time.", "sources": [ { "id": "wi-dwd-adult-breaks-not-required", "authorityType": "agency-guidance", "tier": "official-source-backed", "title": "Breaks and Meal Periods", "citation": "Wis. Dep't of Workforce Dev., Breaks and Meal Periods", "url": "https://dwd.wisconsin.gov/er/laborstandards/breaks.htm", "proposition": "The Department of Workforce Development's breaks and meal periods page states that an employer is not required to give an employee 18 years old or older breaks or meal periods.", "verbatimQuote": "If you are 18 years old or older, your employer is not required to give you breaks or meal periods.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-dwd-adult-breaks-not-required" }, { "id": "wi-dwd-minor-meal-period", "authorityType": "agency-guidance", "tier": "official-source-backed", "title": "Breaks and Meal Periods", "citation": "Wis. Dep't of Workforce Dev., Breaks and Meal Periods", "url": "https://dwd.wisconsin.gov/er/laborstandards/breaks.htm", "proposition": "The Department of Workforce Development's breaks and meal periods page states that an employee under 18 must receive a 30-minute duty-free meal period for every six consecutive hours of work and that other breaks, including shorter breaks, are not required.", "verbatimQuote": "If you are under 18 years old, your employer must provide you with a 30-minute duty-free meal period for every six consecutive hours of work. Other breaks, including breaks of shorter duration are not required but may be offered by your employer.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-dwd-minor-meal-period" }, { "id": "wi-dwd-day-of-rest-calendar-week", "authorityType": "agency-guidance", "tier": "official-source-backed", "title": "One Day of Rest in Seven", "citation": "Wis. Dep't of Workforce Dev., One Day of Rest in Seven", "url": "https://dwd.wisconsin.gov/er/laborstandards/restday.htm", "proposition": "The Department of Workforce Development's one-day-of-rest page states that an employee in a factory or retail establishment must receive one day off of 24 consecutive hours per calendar week, Sunday through Saturday, unless an exception applies.", "verbatimQuote": "If you work in factory or retail establishments you must receive one day off (24 consecutive hours) per calendar week (Sunday through Saturday), unless an exception applies.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-dwd-day-of-rest-calendar-week" }, { "id": "wi-dwd-day-of-rest-twelve-days", "authorityType": "agency-guidance", "tier": "official-source-backed", "title": "One Day of Rest in Seven", "citation": "Wis. Dep't of Workforce Dev., One Day of Rest in Seven", "url": "https://dwd.wisconsin.gov/er/laborstandards/restday.htm", "proposition": "The Department of Workforce Development's one-day-of-rest page states that the law does not require rest every 7 days and that an employer may schedule 12 consecutive days of work within a 2-week period if the days of rest fall on the first and last days of that period.", "verbatimQuote": "The law does not require that the rest must be given every 7 days. For example, an employer may legally schedule work for 12 consecutive days within a 2-week period if the days of rest fall on the first and last days of the 2 week period.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-dwd-day-of-rest-twelve-days" }, { "id": "wi-meal-period-recommended", "authorityType": "regulation", "tier": "primary-source-backed", "title": "Wis. Admin. Code § DWD 274.02 (hours of work)", "citation": "Wis. Admin. Code § DWD 274.02(2)", "url": "https://docs.legis.wisconsin.gov/code/admin_code/dwd/270_279/274/02", "proposition": "Wis. Admin. Code § DWD 274.02(2) recommends, without requiring, a meal period of at least 30 minutes for employees 18 or older and states that shifts over 6 consecutive hours without a meal period should be avoided.", "verbatimQuote": "It is recommended that each employer allow each employee, 18 years of age or over, at least 30 minutes for each meal period reasonably close to the usual meal period time (6:00 a.m., 12:00 noon, 6:00 p.m. or 12:00 midnight) or near the middle of a shift. Shifts of more than 6 consecutive hours without a meal period should be avoided.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-meal-period-recommended" }, { "id": "wi-short-breaks-work-time", "authorityType": "regulation", "tier": "primary-source-backed", "title": "Wis. Admin. Code § DWD 272.04 (meals and rest periods)", "citation": "Wis. Admin. Code § DWD 272.04(1)(d)", "url": "https://docs.legis.wisconsin.gov/code/admin_code/dwd/270_279/272/04", "proposition": "Wis. Admin. Code § DWD 272.04(1)(d) states that authorized rest periods or breaks of less than 30 consecutive minutes per shift count as work time with no deduction from wages.", "verbatimQuote": "Authorized rest periods or breaks of less than 30 consecutive minutes per shift shall be counted as work time for which there shall be no deduction from wages.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-short-breaks-work-time" }, { "id": "wi-on-duty-meal-paid", "authorityType": "regulation", "tier": "primary-source-backed", "title": "Wis. Admin. Code § DWD 274.02 (on-duty meal periods)", "citation": "Wis. Admin. Code § DWD 274.02(3)", "url": "https://docs.legis.wisconsin.gov/code/admin_code/dwd/270_279/274/02", "proposition": "Wis. Admin. Code § DWD 274.02(3) requires employers to pay for on-duty meal periods as work time and defines them by the absence of 30 minutes free from work or freedom to leave the premises.", "verbatimQuote": "The employer shall pay all employees for on-duty meal periods, which are to be counted as work time. An on-duty meal period is a meal period where the employer does not provide at least 30 minutes free from work. Any meal period where the employee is not free to leave the premises of the employer will also be considered an on-duty meal period.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-on-duty-meal-paid" }, { "id": "wi-breaks-chapter-coverage", "authorityType": "regulation", "tier": "primary-source-backed", "title": "Wis. Admin. Code § DWD 274.015 (applicability of chapter)", "citation": "Wis. Admin. Code § DWD 274.015", "url": "https://docs.legis.wisconsin.gov/code/admin_code/dwd/270_279/274/015", "proposition": "Wis. Admin. Code § DWD 274.015 limits chapter DWD 274 to employees of manufactories, mechanical or mercantile establishments, restaurants, hotels and other listed establishments and of the state and its political subdivisions, and excludes employees employed in domestic service in a household by a household.", "verbatimQuote": "Pursuant to s. 103.01 (1), Stats., employees employed in manufactories, mechanical or mercantile establishments, beauty parlors, laundries, restaurants, confectionary stores, telegraph or telephone offices or exchanges or express or transportation establishments, hotels, and by the state, its political subdivisions and any office, department, independent agency, authority, institution, association, society or other body in state or local government created or authorized to be created by the constitution or any law, including the legislature and the courts, are covered by this chapter. Employees employed in domestic service in a household by a household are not subject to this chapter.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-breaks-chapter-coverage" }, { "id": "wi-meal-duties-not-relieved", "authorityType": "regulation", "tier": "primary-source-backed", "title": "Wis. Admin. Code § DWD 272.12 (meal periods as hours worked)", "citation": "Wis. Admin. Code § DWD 272.12(2)(c)2.", "url": "https://docs.legis.wisconsin.gov/code/admin_code/dwd/270_279/272/12", "proposition": "Wis. Admin. Code § DWD 272.12(2)(c)2. states that an employee required to perform any duties while eating is not relieved from duty.", "verbatimQuote": "The employee is not relieved if they are required to perform any duties, whether active or inactive, while eating.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-meal-duties-not-relieved" }, { "id": "wi-minor-meal-period", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 103.68 (hours of minors)", "citation": "Wis. Stat. § 103.68(3)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/103/68", "proposition": "Wis. Stat. § 103.68(3) bars employing a minor under 18 for more than 6 consecutive hours without a meal period.", "verbatimQuote": "No minor under age 18 shall be employed or permitted to work more than 6 consecutive hours without a meal period.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-minor-meal-period" }, { "id": "wi-day-of-rest-factories", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 103.85 (one day of rest in seven)", "citation": "Wis. Stat. § 103.85(1)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/103/85", "proposition": "Wis. Stat. § 103.85(1) requires an employer operating a factory or mercantile establishment to allow covered employees 24 consecutive hours of rest in every 7 consecutive days, subject to listed exclusions and an emergency exception.", "verbatimQuote": "Every employer of labor, whether a person, partnership or corporation, who owns or operates any factory or mercantile establishment in this state, shall allow every person, except those specified in sub. (2), employed in such factory or mercantile establishment, at least 24 consecutive hours of rest in every 7 consecutive days and shall not permit any such person to work for such employer during such 24 consecutive hour period, except in case of breakdown of machinery or equipment, or other emergency, requiring the immediate services of experienced and competent labor to prevent serious injury to person, damage to property, or suspension of necessary operations, when such experienced and competent labor is not otherwise immediately available.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-day-of-rest-factories" } ] }, { "slug": "final-pay", "label": "When must final wages be paid on separation, and what is the penalty for paying late?", "heading": "When is final pay due?", "answerText": "A Wisconsin employer must pay an employee covered by the wage payment chapter who quits or is discharged in full by the employee's regular payday or the pay-frequency deadline, whichever is earlier, subject to two further exclusions and a faster deadline after certain business closings. The rule excludes a sales agent employed on a commission basis and an employee with a written contract for a definite period, and when a separation results from the employer merging, liquidating or otherwise disposing of the business, ceasing operations in whole or in part, or relocating, all unpaid wages are due within 24 hours. Late wages can draw court-ordered increased wages of up to 50 or 100 percent of the unpaid amount, depending on when the action is commenced. The chapter's definition of employee excludes corporate officers and directors, limited liability company members and managers, partners, sole proprietors, independent contractors, and persons employed in a managerial, executive or commissioned sales capacity or with access to confidential matters involving the employer-employee relationship.", "sources": [ { "id": "wi-final-pay-next-payday", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 109.03 (payment to discharged or resigned employees)", "citation": "Wis. Stat. § 109.03(2)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/109/03", "proposition": "Wis. Stat. § 109.03(2) requires full payment to an employee who quits or is discharged by the regular payday or the sub. (1) date, whichever is earlier, excluding commissioned sales agents and employees with a written contract for a definite period.", "verbatimQuote": "Any employee, except a sales agent employed on a commission basis, not having a written contract for a definite period, who quits employment or who is discharged from employment shall be paid in full by no later than the date on which the employee regularly would have been paid under the employer’s established payroll schedule or the date of payment required under sub. (1), whichever is earlier.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-final-pay-next-payday" }, { "id": "wi-final-pay-covered-employee", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 109.01 (definition of employee)", "citation": "Wis. Stat. § 109.01(1r)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/109/01", "proposition": "Wis. Stat. § 109.01(1r) defines employee for the wage payment chapter as any person employed by an employer, excluding independent contractors and other listed persons.", "verbatimQuote": "“Employee” means any person employed by an employer, except that “employee” does not include an officer or director of a corporation, a member or manager of a limited liability company, a partner of a partnership or a joint venture, the owner of a sole proprietorship, an independent contractor or person otherwise excluded under s. 452.38, or a person employed in a managerial, executive, or commissioned sales capacity or in a capacity in which the person is privy to confidential matters involving the employer-employee relationship.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-final-pay-covered-employee" }, { "id": "wi-final-pay-business-closing", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 109.03 (payment to certain separated employees)", "citation": "Wis. Stat. § 109.03(4)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/109/03", "proposition": "Wis. Stat. § 109.03(4) requires payment of all unpaid wages within 24 hours of a separation caused by a merger, liquidation, disposal, closing or relocation of the business.", "verbatimQuote": "Whenever an employee is separated from the payroll of an employer as a result of the employer merging, liquidating or otherwise disposing of the business, ceasing business operations in whole or in part, or relocating all or part of the business to another area within or without the state, the employer, or the successors in interest of the employer, shall pay all unpaid wages to the employee at the usual place of payment within 24 hours of the time of separation.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-final-pay-business-closing" }, { "id": "wi-final-pay-employee-death", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 109.03 (payment upon death of employee)", "citation": "Wis. Stat. § 109.03(3)(a)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/109/03", "proposition": "Wis. Stat. § 109.03(3)(a) requires an employer, on demand, to pay a deceased employee's wages due to the spouse, domestic partner, children or other dependent living with the employee.", "verbatimQuote": "In case of the death of an employee to whom wages are due, the full amount of the wages due shall upon demand be paid by the employer to the spouse, domestic partner under ch. 770, children, or other dependent living with the employee at the time of death.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-final-pay-employee-death" }, { "id": "wi-final-pay-increased-wages-early", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 109.11 (civil penalties)", "citation": "Wis. Stat. § 109.11(2)(a)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/109/11", "proposition": "Wis. Stat. § 109.11(2)(a) permits a circuit court to order increased wages of not more than 50 percent in an action an employee commences before the department completes its investigation and settlement attempts.", "verbatimQuote": "In a wage claim action that is commenced by an employee before the department has completed its investigation under s. 109.09 (1) and its attempts to compromise and settle the wage claim under sub. (1), a circuit court may order the employer to pay to the employee, in addition to the amount of wages due and unpaid and in addition to or in lieu of the criminal penalties specified in sub. (3), increased wages of not more than 50 percent of the amount of wages due and unpaid.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-final-pay-increased-wages-early" }, { "id": "wi-final-pay-increased-wages-late", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 109.11 (civil penalties)", "citation": "Wis. Stat. § 109.11(2)(b)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/109/11", "proposition": "Wis. Stat. § 109.11(2)(b) permits a circuit court to order increased wages of not more than 100 percent in an action commenced after the department completes its investigation and settlement attempts.", "verbatimQuote": "In a wage claim action that is commenced after the department has completed its investigation under s. 109.09 (1) and its attempts to settle and compromise the wage claim under sub. (1), a circuit court may order the employer to pay to the employee, in addition to the amount of wages due and unpaid to an employee and in addition to or in lieu of the criminal penalties specified in sub. (3), increased wages of not more than 100 percent of the amount of those wages due and unpaid.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-final-pay-increased-wages-late" }, { "id": "wi-final-pay-department-settlement", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 109.11 (administrative penalties)", "citation": "Wis. Stat. § 109.11(1)(a)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/109/11", "proposition": "Wis. Stat. § 109.11(1)(a) permits the department to compromise and settle a wage claim filed with it for an agreed sum.", "verbatimQuote": "In adjusting a controversy between an employer and an employee as to an alleged wage claim filed with the department under s. 109.09 (1), the department may compromise and settle that wage claim for such sum as may be agreed upon between the department, the employee and the employer.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-final-pay-department-settlement" }, { "id": "wi-final-pay-department-referral", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 109.11 (referral of unsettled claims)", "citation": "Wis. Stat. § 109.11(1)(c)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/109/11", "proposition": "Wis. Stat. § 109.11(1)(c) permits the department to refer an unsettled wage claim to a district attorney or the department of justice for a circuit court action to collect unpaid wages plus increased wages.", "verbatimQuote": "If an employer does not agree to compromise and settle a wage claim under this subsection, the department may refer the wage claim to a district attorney under s. 109.09 (1) or to the department of justice under s. 109.10 (3) for commencement of an action in circuit court to collect the amount of wages due and unpaid plus increased wages as specified in sub. (2) (b).", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-final-pay-department-referral" }, { "id": "wi-final-pay-criminal-penalty", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 109.11 (criminal penalties)", "citation": "Wis. Stat. § 109.11(3)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/109/11", "proposition": "Wis. Stat. § 109.11(3) makes an employer that willfully fails to pay or falsely denies wages due, with a stated improper intent, subject to a fine of up to $500, imprisonment of up to 90 days, or both.", "verbatimQuote": "Any employer who, having the ability to pay, fails to pay the wages due and payable as provided in this chapter or falsely denies the amount or validity thereof or that such wages are due, with intent to secure any discount upon such indebtedness or with intent to annoy, harass, oppress, hinder or defraud the person to whom such wages are due, may be fined not more than $500 or imprisoned not more than 90 days or both.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-final-pay-criminal-penalty" } ] }, { "slug": "pay-frequency", "label": "How often must workers be paid?", "heading": "How often must wages be paid?", "answerText": "Unless an exception such as a valid collective bargaining agreement applies, Wisconsin employers must pay wages at least monthly, covering earnings to a day not more than 31 days before payment, and logging and farm labor wages at least quarterly. An employee who is absent at the payment time, or is not paid then for any other reason, must be paid at any time upon 6 days' demand.", "sources": [ { "id": "wi-pay-frequency-monthly", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 109.03 (required frequency of payments)", "citation": "Wis. Stat. § 109.03(1)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/109/03", "proposition": "Wis. Stat. § 109.03(1) requires every employer to pay employees at least monthly for wages earned to a day not more than 31 days before payment, other than logging and farm labor.", "verbatimQuote": "Every employer shall as often as monthly pay to every employee engaged in the employer’s business, except those employees engaged in logging operations and farm labor, all wages earned by the employee to a day not more than 31 days prior to the date of payment.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-pay-frequency-monthly" }, { "id": "wi-pay-frequency-logging-farm", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 109.03 (logging and farm labor)", "citation": "Wis. Stat. § 109.03(1)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/109/03", "proposition": "Wis. Stat. § 109.03(1) requires employees in logging operations and farm labor to be paid at least quarterly.", "verbatimQuote": "Employees engaged in logging operations and farm labor shall be paid all earned wages no less often than at regular quarterly intervals.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-pay-frequency-logging-farm" }, { "id": "wi-pay-absent-employee-demand", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 109.03 (absent employees)", "citation": "Wis. Stat. § 109.03(1)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/109/03", "proposition": "Wis. Stat. § 109.03(1) requires an employee not paid at the fixed time to be paid upon 6 days' demand.", "verbatimQuote": "Any employee who is absent at the time fixed for payment or who for any other reason is not paid at that time shall be paid thereafter at any time upon 6 days’ demand.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-pay-absent-employee-demand" }, { "id": "wi-pay-frequency-bargaining-exception", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 109.03 (frequency exceptions)", "citation": "Wis. Stat. § 109.03(1)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/109/03", "proposition": "Wis. Stat. § 109.03(1) states that the payment-frequency requirement does not apply to five listed groups: employees under a valid collective bargaining agreement setting a different frequency, school employees who voluntarily request payment over 12 months, University of Wisconsin System employees other than university staff, employees receiving compensatory time off in lieu of overtime, and certain part-time fire fighters and emergency medical services practitioners paid at least annually.", "verbatimQuote": "The required frequency of wage payments provided in this subsection does not apply to any of the following: (a) Employees covered under a valid collective bargaining agreement establishing a different frequency for wage payments, including deferred payments exercised at the option of employees. (b) School district employees, cooperative educational service agency employees, and private school employees who voluntarily request payment over a 12-month period for personal services performed during the school year, unless, with respect to private school employees, the employees are covered under a valid collective bargaining agreement which precludes this method of payment. (c) Employees of the University of Wisconsin System other than university staff, as defined in s. 36.05 (15). (d) Employees who receive compensatory time off under s. 103.025 in lieu of overtime compensation. (e) A part-time fire fighter or a part-time emergency medical services practitioner, as defined in s. 256.01 (5), who is a member of a volunteer fire department or emergency medical services program maintained by a county, city, village, or town or of a volunteer fire company organized under ch. 181 or ch. 213 and who, by agreement between the fire fighter or emergency medical services practitioner and the entity employing the fire fighter or emergency medical services practitioner, is paid at regular intervals, but no less often than annually.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-pay-frequency-bargaining-exception" }, { "id": "wi-pay-no-contract-exemption", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 109.03 (enforcement)", "citation": "Wis. Stat. § 109.03(5)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/109/03", "proposition": "Wis. Stat. § 109.03(5) bars an employer, except as subsection (1) provides, from securing an exemption from § 109.03 by special contract or other means.", "verbatimQuote": "Except as provided in sub. (1), no employer may by special contract with employees or by any other means secure exemption from this section.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-pay-no-contract-exemption" } ] }, { "slug": "wage-statements", "label": "What must a pay statement show, and which deductions are allowed?", "heading": "What must a pay statement show, and what deductions are allowed?", "answerText": "A Wisconsin employer must state on each paycheck, pay envelope or accompanying paper the hours worked, the rate of pay, and the amount of and reason for each deduction other than employee-requested personal deductions. A separate statute requires the employer to state the amount of and reason for each deduction, except miscellaneous deductions the individual employee requested for personal reasons.", "sources": [ { "id": "wi-pay-statement-contents", "authorityType": "regulation", "tier": "primary-source-backed", "title": "Wis. Admin. Code § DWD 272.10 (listing deductions from wages)", "citation": "Wis. Admin. Code § DWD 272.10", "url": "https://docs.legis.wisconsin.gov/code/admin_code/dwd/270_279/272/10", "proposition": "Wis. Admin. Code § DWD 272.10 requires the paycheck, pay envelope or accompanying paper to state hours worked, rate of pay, and the amount of and reason for each deduction, except employee-requested personal deductions.", "verbatimQuote": "An employer shall state clearly on the employee’s paycheck, pay envelope, or paper accompanying the wage payment the number of hours worked, the rate of pay and the amount of and reason for each deduction from the wages due or earned by the employee, except such miscellaneous deductions as may have been authorized by request of individual employees for reasons personal to themselves.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-pay-statement-contents" }, { "id": "wi-statute-deduction-listing", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 103.457 (listing deductions from wages)", "citation": "Wis. Stat. § 103.457", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/103/457", "proposition": "Wis. Stat. § 103.457 requires an employer to state the amount of and reason for each deduction, except miscellaneous deductions the individual employee requested for personal reasons.", "verbatimQuote": "An employer shall state clearly on the employee’s pay check, pay envelope, or paper accompanying the wage payment the amount of and reason for each deduction from the wages due or earned by the employee, except such miscellaneous deductions as may have been authorized by request of the individual employee for reasons personal to the employee.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-statute-deduction-listing" }, { "id": "wi-dwd-deduction-after-incident", "authorityType": "agency-guidance", "tier": "official-source-backed", "title": "Deductions from Wages for Faulty Workmanship, Loss, Theft, or Damage", "citation": "Wis. Dep't of Workforce Dev., Deductions from Wages for Faulty Workmanship, Loss, Theft, or Damage", "url": "https://dwd.wisconsin.gov/er/laborstandards/wagededuction.htm", "proposition": "The Department of Workforce Development's wage deduction page states that an employer may deduct for loss, theft, damage or faulty workmanship only if the employee authorizes the deduction in writing after the incident happens and before any deductions are taken.", "verbatimQuote": "In Wisconsin, you can only deduct for loss, theft, damage, or faulty workmanship if your employee authorizes the deduction in writing after the incident happens and before any deductions are taken.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-dwd-deduction-after-incident" }, { "id": "wi-faulty-workmanship-deduction-bar", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 103.455 (deductions for faulty workmanship, loss, theft or damage)", "citation": "Wis. Stat. § 103.455", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/103/455", "proposition": "Wis. Stat. § 103.455 bars deductions for faulty workmanship, loss, theft or damage unless the employee authorizes it in writing, a joint determination finds employee fault, or a court finds the employee guilty or liable.", "verbatimQuote": "No employer may make any deduction from the wages due or earned by any employee, who is not an independent contractor, for defective or faulty workmanship, lost or stolen property or damage to property, unless the employee authorizes the employer in writing to make that deduction or unless the employer and a representative designated by the employee determine that the defective or faulty workmanship, loss, theft or damage is due to the employee’s negligence, carelessness, or willful and intentional conduct, or unless the employee is found guilty or held liable in a court of competent jurisdiction by reason of that negligence, carelessness, or willful and intentional conduct.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-faulty-workmanship-deduction-bar" }, { "id": "wi-unauthorized-deduction-double-liability", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 103.455 (liability for improper deductions)", "citation": "Wis. Stat. § 103.455", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/103/455", "proposition": "Wis. Stat. § 103.455 makes an employer liable for twice the amount of a noncompliant deduction or credit in a civil action brought by the employee.", "verbatimQuote": "If any deduction is made or credit taken by any employer that is not in accordance with this section, the employer shall be liable for twice the amount of the deduction or credit taken in a civil action brought by the employee.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-unauthorized-deduction-double-liability" }, { "id": "wi-meal-deduction-bona-fide", "authorityType": "regulation", "tier": "primary-source-backed", "title": "Wis. Admin. Code § DWD 272.04 (deductions for meals)", "citation": "Wis. Admin. Code § DWD 272.04(1)(a)", "url": "https://docs.legis.wisconsin.gov/code/admin_code/dwd/270_279/272/04", "proposition": "Wis. Admin. Code § DWD 272.04(1)(a) permits meal deductions only for bona fide meals consistent with the work shift and bars credit for meals not eaten except where weekly room and board is provided and accepted.", "verbatimQuote": "Deductions may be made only for bona fide meals consistent with employee’s work shift. No deductions shall be made or credit given for meals not eaten except in employments where weekly room and board is provided and accepted.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-meal-deduction-bona-fide" }, { "id": "wi-board-lodging-allowance", "authorityType": "regulation", "tier": "primary-source-backed", "title": "Wis. Admin. Code § DWD 272.03 (allowance for board and lodging)", "citation": "Wis. Admin. Code § DWD 272.03(3)", "url": "https://docs.legis.wisconsin.gov/code/admin_code/dwd/270_279/272/03", "proposition": "Wis. Admin. Code § DWD 272.03(3) caps board and lodging allowances for employees other than opportunity and minor employees at $58.00 per week or $8.30 per day for lodging and $87.00 per week or $4.15 per meal for meals, and sets lower amounts for opportunity employees.", "verbatimQuote": "Where board or lodging or both are furnished by the employer in accordance with s. DWD 272.04, and accepted and received by a particular employee, an allowance may be made not to exceed the following amounts: (a) Lodging. 1. All employees except opportunity and minor employees $58.00 per week or $8.30 per day. 2. Minor employees $58.00 per week or $8.30 per day. 3. Opportunity employees $47.20 per week or $6.75 per day. (b) Meals. 1. All employees except opportunity and minor employees $87.00 per week or $4.15 per meal. 2. Minor employees $87.00 per week or $4.15 per meal. 3. Opportunity employees $70.80 per week or $3.35 per meal.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-board-lodging-allowance" }, { "id": "wi-minimum-wage-records", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 104.09 (records)", "citation": "Wis. Stat. § 104.09", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/104/09", "proposition": "Wis. Stat. § 104.09 requires each employer to keep records of employee and student learner names, addresses, hours and wages, with an hours-record exception for certain overtime-exempt employees not paid hourly.", "verbatimQuote": "Each employer shall keep a record of the names and addresses of all student learners and employees, the hours of employment and wages of each, and such other records pertaining to ability as the department requires, except that an employer is not required to keep a record of the hours of employment of an individual who is exempt under ss. 103.023 and 104.01 (2) (b) 6. or of any other employee who is exempt under rules promulgated by the department from the requirement under s. 103.02 that an employee be paid overtime compensation, as defined in s. 103.025 (1) (c), and who is not compensated on an hourly rate basis.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-minimum-wage-records" }, { "id": "wi-payroll-records-three-years", "authorityType": "regulation", "tier": "primary-source-backed", "title": "Wis. Admin. Code § DWD 274.06 (records)", "citation": "Wis. Admin. Code § DWD 274.06", "url": "https://docs.legis.wisconsin.gov/code/admin_code/dwd/270_279/274/06", "proposition": "Wis. Admin. Code § DWD 274.06 requires each employer, except as DWD 274.08 provides, to keep permanent records of employee names, addresses, hours and wages for at least 3 years.", "verbatimQuote": "Except as provided in s. DWD 274.08, each employer shall keep permanent records for at least 3 years, available for inspection and transcription by a duly authorized deputy of the department, showing the name and address of each employee, the hours of employment and wages of each and such other records as the department may require.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-payroll-records-three-years" } ] }, { "slug": "worker-classification", "label": "What test does the state use to classify a worker as an employee or contractor?", "heading": "Employee or independent contractor?", "answerText": "The Department of Workforce Development's Bureau of Labor Standards uses a six-part test, sometimes called the economic realities test, to decide whether a Wisconsin worker is economically dependent on the employer. Not all or even a majority of the six parts need be met, and the decision rests on all the circumstances of the relationship, whatever the parties call it. Wisconsin's minimum wage and wage payment statutes define employee and employer without themselves stating a multi-factor test, and the wage payment chapter excludes independent contractors from its definition of employee. The multi-condition tests in Wisconsin statutes belong to worker's compensation and unemployment insurance, and each governs only its own law.", "sources": [ { "id": "wi-dwd-six-part-test", "authorityType": "agency-guidance", "tier": "official-source-backed", "title": "Labor Standards - Worker Classification", "citation": "Wis. Dep't of Workforce Dev., Labor Standards - Worker Classification", "url": "https://dwd.wisconsin.gov/worker-classification/er/laborstandards/employers.htm", "proposition": "The Department of Workforce Development's worker classification page states that its Bureau of Labor Standards uses a six-part test, sometimes called the economic realities test, to determine whether a worker is economically dependent on the employer.", "verbatimQuote": "The Bureau of Labor Standards uses a six part test sometimes referred to as the \"economic realities\" test to determine whether the worker is economically dependent upon the employer.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-dwd-six-part-test" }, { "id": "wi-dwd-test-all-circumstances", "authorityType": "agency-guidance", "tier": "official-source-backed", "title": "Labor Standards - Worker Classification", "citation": "Wis. Dep't of Workforce Dev., Labor Standards - Worker Classification", "url": "https://dwd.wisconsin.gov/worker-classification/er/laborstandards/employers.htm", "proposition": "The Department of Workforce Development's worker classification page states that not all or even a majority of the six parts need be met and that the classification rests on all the circumstances of the relationship, whatever the parties call it.", "verbatimQuote": "Not all or even a majority of the six parts of the test need be met. The determination of whether a worker is an employee or an independent contractor must be based on all of the circumstances in the relationship between the parties, regardless of whether the parties refer to it as an employee or an independent contractor relationship.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-dwd-test-all-circumstances" }, { "id": "wi-dwd-control-most-important", "authorityType": "agency-guidance", "tier": "official-source-backed", "title": "Labor Standards - Worker Classification", "citation": "Wis. Dep't of Workforce Dev., Labor Standards - Worker Classification", "url": "https://dwd.wisconsin.gov/worker-classification/er/laborstandards/employers.htm", "proposition": "The Department of Workforce Development's worker classification page states that the degree of control exercised by the employer is the most important part of the six-part test.", "verbatimQuote": "The degree of control exercised by the employer is the most important part of the six part test.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-dwd-control-most-important" }, { "id": "wi-minimum-wage-employee-definition", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 104.01 (definition of employee)", "citation": "Wis. Stat. § 104.01(2)(a)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/104/01", "proposition": "Wis. Stat. § 104.01(2)(a) defines employee, for the minimum wage chapter, as every individual receiving or entitled to compensation for labor performed for any employer.", "verbatimQuote": "“Employee” means every individual who is in receipt of or is entitled to any compensation for labor performed for any employer.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-minimum-wage-employee-definition" }, { "id": "wi-minimum-wage-employer-definition", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 104.01 (definition of employer)", "citation": "Wis. Stat. § 104.01(3)(a)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/104/01", "proposition": "Wis. Stat. § 104.01(3)(a) defines employer to include every person having control or direction of a person employed at labor or responsible for another's wages.", "verbatimQuote": "The term “employer” shall mean and include every person, firm or corporation, agent, manager, representative, contractor, subcontractor or principal, or other person having control or direction of any person employed at any labor or responsible directly or indirectly for the wages of another.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-minimum-wage-employer-definition" }, { "id": "wi-wage-payment-employee-definition", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 109.01 (definition of employee)", "citation": "Wis. Stat. § 109.01(1r)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/109/01", "proposition": "Wis. Stat. § 109.01(1r) defines employee for the wage payment chapter as any person employed by an employer, excluding independent contractors and other listed persons.", "verbatimQuote": "“Employee” means any person employed by an employer, except that “employee” does not include an officer or director of a corporation, a member or manager of a limited liability company, a partner of a partnership or a joint venture, the owner of a sole proprietorship, an independent contractor or person otherwise excluded under s. 452.38, or a person employed in a managerial, executive, or commissioned sales capacity or in a capacity in which the person is privy to confidential matters involving the employer-employee relationship.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-wage-payment-employee-definition" }, { "id": "wi-wage-payment-employer-definition", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 109.01 (definition of employer)", "citation": "Wis. Stat. § 109.01(2)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/109/01", "proposition": "Wis. Stat. § 109.01(2) defines employer for the wage payment chapter as any person engaged in any activity, enterprise or business employing one or more persons in Wisconsin, including public and nonprofit bodies.", "verbatimQuote": "Except as provided in ss. 109.07 (1) (d) and 109.075 (1) (c), “employer” means any person engaged in any activity, enterprise or business employing one or more persons within the state, including the state and its political subdivisions and charitable, nonprofit or tax-exempt organizations and institutions.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-wage-payment-employer-definition" }, { "id": "wi-workers-comp-contractor-default", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 102.07 (worker's compensation employees)", "citation": "Wis. Stat. § 102.07(8)(a)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/102/07", "proposition": "Wis. Stat. § 102.07(8)(a) treats an independent contractor, for worker's compensation purposes, as an employee of an employer for whom the contractor performs service in the course of the employer's business, except as pars. (b) and (bm) provide.", "verbatimQuote": "Except as provided in pars. (b) and (bm), every independent contractor is, for the purpose of this chapter, an employee of any employer under this chapter for whom he or she is performing service in the course of the trade, business, profession or occupation of such employer at the time of the injury.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-workers-comp-contractor-default" }, { "id": "wi-workers-comp-contractor-conditions", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 102.07 (independent contractor conditions)", "citation": "Wis. Stat. § 102.07(8)(b)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/102/07", "proposition": "Wis. Stat. § 102.07(8)(b) states that an independent contractor is not a worker's compensation employee only if the contractor meets all nine listed conditions.", "verbatimQuote": "An independent contractor is not an employee of an employer for whom the independent contractor performs work or services if the independent contractor meets all of the following conditions: 1. Maintains a separate business with his or her own office, equipment, materials and other facilities. 2. Holds or has applied for a federal employer identification number with the federal internal revenue service or has filed business or self-employment income tax returns with the federal internal revenue service based on that work or service in the previous year. 3. Operates under contracts to perform specific services or work for specific amounts of money and under which the independent contractor controls the means of performing the services or work. 4. Incurs the main expenses related to the service or work that he or she performs under contract. 5. Is responsible for the satisfactory completion of work or services that he or she contracts to perform and is liable for a failure to complete the work or service. 6. Receives compensation for work or service performed under a contract on a commission or per job or competitive bid basis and not on any other basis. 7. May realize a profit or suffer a loss under contracts to perform work or service. 8. Has continuing or recurring business liabilities or obligations. 9. The success or failure of the independent contractor’s business depends on the relationship of business receipts to expenditures.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-workers-comp-contractor-conditions" }, { "id": "wi-unemployment-control-test", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 108.02 (unemployment insurance employee)", "citation": "Wis. Stat. § 108.02(12)(bm)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/108/02", "proposition": "Wis. Stat. § 108.02(12)(bm) excludes an individual from unemployment insurance employee status only if the employing unit shows, by contract and in fact, that the services are free from its control or direction, among other conditions.", "verbatimQuote": "Paragraph (a) does not apply to an individual performing services for an employing unit other than a government unit or nonprofit organization in a capacity other than as a logger or trucker, if the employing unit satisfies the department that the individual meets the conditions specified in subds. 1. and 2., by contract and in fact: 1. The services of the individual are performed free from control or direction by the employing unit over the performance of his or her services. In determining whether services of an individual are performed free from control or direction, the department may consider the following nonexclusive factors: a. Whether the individual is required to comply with instructions concerning how to perform the services. b. Whether the individual receives training from the employing unit with respect to the services performed. c. Whether the individual is required to personally perform the services. d. Whether the services of the individual are required to be performed at times or in a particular order or sequence established by the employing unit. e. Whether the individual is required to make oral or written reports to the employing unit on a regular basis.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-unemployment-control-test" }, { "id": "wi-unemployment-six-conditions", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 108.02 (unemployment insurance conditions)", "citation": "Wis. Stat. § 108.02(12)(bm)2.", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/108/02", "proposition": "Wis. Stat. § 108.02(12)(bm)2. requires the individual to meet 6 or more of nine listed conditions.", "verbatimQuote": "2. The individual meets 6 or more of the following conditions: a. The individual advertises or otherwise affirmatively holds himself or herself out as being in business. b. The individual maintains his or her own office or performs most of the services in a facility or location chosen by the individual and uses his or her own equipment or materials in performing the services. c. The individual operates under multiple contracts with one or more employing units to perform specific services. d. The individual incurs the main expenses related to the services that he or she performs under contract. e. The individual is obligated to redo unsatisfactory work for no additional compensation or is subject to a monetary penalty for unsatisfactory work. f. The services performed by the individual do not directly relate to the employing unit retaining the services. g. The individual may realize a profit or suffer a loss under contracts to perform such services. h. The individual has recurring business liabilities or obligations. i. The individual is not economically dependent upon a particular employing unit with respect to the services being performed.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-unemployment-six-conditions" } ] }, { "slug": "tip-credit", "label": "Does the state allow a tip credit against the cash minimum wage?", "heading": "Is a tip credit allowed?", "answerText": "A Wisconsin employer may pay a tipped employee a cash wage of $2.33 per hour, or $2.13 for an opportunity employee, only if tips plus wages reach the minimum rate and payroll records prove it. To take the credit, the employer must have a tip declaration signed by the tipped employee each pay period and payroll records showing required social security or taxes withheld, and without them no tip credit is allowed.", "sources": [ { "id": "wi-tipped-wage-payroll-condition", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 104.035 (tipped employees)", "citation": "Wis. Stat. § 104.035(3)(a)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/104/035", "proposition": "Wis. Stat. § 104.035(3)(a) sets a tipped employee's minimum wage at $2.33 per hour, or $2.13 per hour for an opportunity employee, on the condition that the employer's payroll records establish that weekly tips plus wages reach the applicable minimum wage.", "verbatimQuote": "Except as provided in subs. (4) to (8), if an employer of a tipped employee establishes by the employer’s payroll records that, when adding the tips received by the tipped employee in a week to the wages paid to the tipped employee in that week, the tipped employee receives not less than the applicable minimum wage specified in sub. (1), (2), or (2m), the minimum wage for the tipped employee is as follows: 1. For wages earned by a tipped employee who is not an opportunity employee, $2.33 per hour. 2. For wages earned by a tipped employee who is an opportunity employee, $2.13 per hour.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-tipped-wage-payroll-condition" }, { "id": "wi-tip-declaration-required", "authorityType": "regulation", "tier": "primary-source-backed", "title": "Wis. Admin. Code § DWD 272.03 (tip credit burden of proof)", "citation": "Wis. Admin. Code § DWD 272.03(2)(b)", "url": "https://docs.legis.wisconsin.gov/code/admin_code/dwd/270_279/272/03", "proposition": "Wis. Admin. Code § DWD 272.03(2)(b) requires a signed tip declaration each pay period and payroll records showing tips plus wages reach the minimum rate, and disallows the tip credit without them.", "verbatimQuote": "When the employer elects to take tip credit the employer must have a tip declaration signed by the tipped employee each pay period and show on the payroll records that any required social security or taxes have been withheld each pay period to show that when adding the tips received to the wages paid by the employer, no less than the minimum rate was received by the employee. When the employer’s time and payroll records do not contain these requirements, no tip credit shall be allowed.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-tip-declaration-required" }, { "id": "wi-tip-electronic-signature", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 104.045 (tips)", "citation": "Wis. Stat. § 104.045(1)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/104/045", "proposition": "Wis. Stat. § 104.045(1) requires the department's rules to allow employers to require electronic acknowledgment of tip counting by a means that uniquely identifies the employee.", "verbatimQuote": "The rules promulgated under this subsection shall allow an employer to require a tipped employee to use an electronic signature or other electronic means that uniquely identifies the employee to acknowledge the counting of tips or similar gratuities for purposes of s. 104.035 (3).", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-tip-electronic-signature" }, { "id": "wi-tip-splitting-rule", "authorityType": "regulation", "tier": "primary-source-backed", "title": "Wis. Admin. Code § DWD 272.03 (tip pooling)", "citation": "Wis. Admin. Code § DWD 272.03(2)(d)", "url": "https://docs.legis.wisconsin.gov/code/admin_code/dwd/270_279/272/03", "proposition": "Wis. Admin. Code § DWD 272.03(2)(d) states that, in tip splitting, the amounts each employee retains are that employee's tips.", "verbatimQuote": "Where employees practice tip splitting, as where waiters or waitresses give a portion of their tips to the bus persons, both the amounts retained by the waiters or waitresses and those given the bus persons are considered tips of the individuals who retain them.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-tip-splitting-rule" }, { "id": "wi-service-charge-not-tip", "authorityType": "regulation", "tier": "primary-source-backed", "title": "Wis. Admin. Code § DWD 272.03 (service charges)", "citation": "Wis. Admin. Code § DWD 272.03(2)(e)1.", "url": "https://docs.legis.wisconsin.gov/code/admin_code/dwd/270_279/272/03", "proposition": "Wis. Admin. Code § DWD 272.03(2)(e)1. states that a compulsory service charge is not a tip unless the employer distributes it to employees.", "verbatimQuote": "A compulsory charge for service, such as 15% of the amount of the bill, imposed on a customer by an employer’s establishment, is not a tip unless distributed by the employer to their employees.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-service-charge-not-tip" }, { "id": "wi-tips-turned-over-employer", "authorityType": "regulation", "tier": "primary-source-backed", "title": "Wis. Admin. Code § DWD 272.03 (tips turned over to employer)", "citation": "Wis. Admin. Code § DWD 272.03(2)(g)3.", "url": "https://docs.legis.wisconsin.gov/code/admin_code/dwd/270_279/272/03", "proposition": "Wis. Admin. Code § DWD 272.03(2)(g)3. requires the full minimum hourly wage when tips must be turned over or credited to the employer as gross receipts.", "verbatimQuote": "Under employment agreements requiring tips to be turned over or credited to the employer to be treated by them as part of their gross receipts, it is clear that the employer must pay the employee the full minimum hourly wage, since for all practical purposes the employee is not receiving tip income.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-tips-turned-over-employer" } ] }, { "slug": "enforcement", "label": "How is wage-and-hour law enforced, and can employees sue?", "heading": "How are wage claims enforced?", "answerText": "A Wisconsin employee may sue an employer in any court of competent jurisdiction for unpaid wages and increased wages without first filing a wage claim with the Department of Workforce Development. Actions to recover unpaid wages must generally be commenced within 2 years after the cause of action accrues.", "sources": [ { "id": "wi-private-right-of-action", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 109.03 (enforcement)", "citation": "Wis. Stat. § 109.03(5)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/109/03", "proposition": "Wis. Stat. § 109.03(5) gives each employee a right of action in any court of competent jurisdiction for wages due and for increased wages under § 109.11(2).", "verbatimQuote": "Each employee shall have a right of action against any employer for the full amount of the employee’s wages due on each regular pay day as provided in this section and for increased wages as provided in s. 109.11 (2), in any court of competent jurisdiction.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-private-right-of-action" }, { "id": "wi-no-department-filing-first", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 109.03 (no prior department filing)", "citation": "Wis. Stat. § 109.03(5)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/109/03", "proposition": "Wis. Stat. § 109.03(5) permits an employee to sue without first filing a wage claim with the department.", "verbatimQuote": "An employee may bring an action against an employer under this subsection without first filing a wage claim with the department under s. 109.09 (1).", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-no-department-filing-first" }, { "id": "wi-wage-action-two-years", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 893.44 (compensation for personal service)", "citation": "Wis. Stat. § 893.44(1)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/893/iv/44", "proposition": "Wis. Stat. § 893.44(1) requires an action to recover unpaid wages, with stated exceptions, to be commenced within 2 years after the cause of action accrues.", "verbatimQuote": "Any action to recover unpaid salary, wages or other compensation for personal services, except actions to recover fees for professional services and except as provided in sub. (2), shall be commenced within 2 years after the cause of action accrues or be barred.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-wage-action-two-years" }, { "id": "wi-department-wage-claims", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 109.09 (wage claims, collection)", "citation": "Wis. Stat. § 109.09(1)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/109/09", "proposition": "Wis. Stat. § 109.09(1) requires the department to investigate and attempt to adjust wage claims and permits it to receive claims filed within 2 years after the wages are due.", "verbatimQuote": "The department shall investigate and attempt equitably to adjust controversies between employers and employees as to alleged wage claims. The department may receive and investigate any wage claim that is filed with the department, or received by the department under s. 109.10 (4), no later than 2 years after the date the wages are due.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-department-wage-claims" }, { "id": "wi-department-audit-increased-wages", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 109.11 (department payroll audits)", "citation": "Wis. Stat. § 109.11(1)(b)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/109/11", "proposition": "Wis. Stat. § 109.11(1)(b) permits the department, after finding a wage claim valid, to instruct the employer to audit its payroll records for other claims of the same type, and requires the department to impose increased wages of not more than 50 percent on later valid claims of that type unless the employer shows extreme hardship.", "verbatimQuote": "If the department finds that a wage claim is valid, the department may instruct the employer against whom the wage claim is filed to audit his or her payroll records to determine whether the employer may be liable for any other wage claims of the same type as the wage claim that prompted the audit instruction. If after the requested completion date of the audit the department receives a wage claim against the employer of the same type as the wage claim that prompted the audit instruction and if the department determines that the subsequent wage claim is valid, the department may audit the employer’s payroll records to determine whether the employer may be liable for any other wage claims of the same type as the wage claim that prompted the audit instruction. For any valid wage claim that is filed against an employer after the department has instructed the employer to audit his or her payroll records under this paragraph and that is of the same type as the wage claim that prompted the audit instruction and for any valid wage claim that is discovered as a result of the department’s audit under this paragraph and that is of the same type as the wage claim that prompted the audit instruction, the department shall require the employer to pay, in addition to the amount of wages due and unpaid, increased wages of not more than 50 percent of the amount of wages due and unpaid, unless the employer shows the department that payment of the increased wages would cause extreme hardship.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-department-audit-increased-wages" }, { "id": "wi-department-claim-action-two-years", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 893.44 (actions on department wage claims)", "citation": "Wis. Stat. § 893.44(2)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/893/iv/44", "proposition": "Wis. Stat. § 893.44(2) requires an action to recover wages under § 109.09 to be commenced within 2 years after the claim is filed with the department.", "verbatimQuote": "An action to recover wages under s. 109.09 shall be commenced within 2 years after the claim is filed with the department of workforce development or be barred.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-department-claim-action-two-years" }, { "id": "wi-minimum-wage-complaints", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 104.12 (complaints)", "citation": "Wis. Stat. § 104.12", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/104/12", "proposition": "Wis. Stat. § 104.12 permits any person to file a minimum wage complaint with the department and requires the department to investigate and enforce payment.", "verbatimQuote": "Any person may register with the department a complaint that the wages paid to an employee for whom a minimum wage has been established under s. 104.035 are less than that minimum wage, and the department shall investigate the matter and take all proceedings necessary to enforce the payment of that minimum wage.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-minimum-wage-complaints" }, { "id": "wi-enforcement-increased-wages-early", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 109.11 (civil penalties)", "citation": "Wis. Stat. § 109.11(2)(a)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/109/11", "proposition": "Wis. Stat. § 109.11(2)(a) permits increased wages of not more than 50 percent in an action an employee commences before the department completes its investigation and settlement attempts.", "verbatimQuote": "In a wage claim action that is commenced by an employee before the department has completed its investigation under s. 109.09 (1) and its attempts to compromise and settle the wage claim under sub. (1), a circuit court may order the employer to pay to the employee, in addition to the amount of wages due and unpaid and in addition to or in lieu of the criminal penalties specified in sub. (3), increased wages of not more than 50 percent of the amount of wages due and unpaid.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-enforcement-increased-wages-early" }, { "id": "wi-enforcement-increased-wages-late", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 109.11 (civil penalties)", "citation": "Wis. Stat. § 109.11(2)(b)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/109/11", "proposition": "Wis. Stat. § 109.11(2)(b) permits increased wages of not more than 100 percent in an action commenced after the department completes its investigation and settlement attempts.", "verbatimQuote": "In a wage claim action that is commenced after the department has completed its investigation under s. 109.09 (1) and its attempts to settle and compromise the wage claim under sub. (1), a circuit court may order the employer to pay to the employee, in addition to the amount of wages due and unpaid to an employee and in addition to or in lieu of the criminal penalties specified in sub. (3), increased wages of not more than 100 percent of the amount of those wages due and unpaid.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-enforcement-increased-wages-late" }, { "id": "wi-wage-claim-costs-expenses", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 109.03 (wage claim costs)", "citation": "Wis. Stat. § 109.03(6)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/109/03", "proposition": "Wis. Stat. § 109.03(6) permits the court in a wage claim proceeding to allow the prevailing party a reasonable sum for expenses in addition to all other costs.", "verbatimQuote": "In any such proceeding the court may allow the prevailing party, in addition to all other costs, a reasonable sum for expenses.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-wage-claim-costs-expenses" }, { "id": "wi-wage-claim-lien", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 109.09 (wage lien)", "citation": "Wis. Stat. § 109.09(2)(a)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/109/09", "proposition": "Wis. Stat. § 109.09(2)(a) gives the department, or an employee suing under § 109.03(5), a lien on all of the employer's Wisconsin property for the full wage claim or deficiency.", "verbatimQuote": "The department of workforce development, under its authority under sub. (1) to maintain actions for the benefit of employees, or an employee who brings an action under s. 109.03 (5) shall have a lien upon all property of the employer, real or personal, located in this state for the full amount of any wage claim or wage deficiency.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-wage-claim-lien" }, { "id": "wi-wage-payment-retaliation", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 109.03 (protection of employees)", "citation": "Wis. Stat. § 109.03(7)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/109/03", "proposition": "Wis. Stat. § 109.03(7) applies § 111.322(2m) to discharge and other discriminatory acts arising in connection with a § 109.03 proceeding.", "verbatimQuote": "Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-wage-payment-retaliation" }, { "id": "wi-witness-intimidation-fine", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "Wis. Stat. § 104.10 (penalty for intimidating witness)", "citation": "Wis. Stat. § 104.10", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/104/10", "proposition": "Wis. Stat. § 104.10 makes an employer that discharges or discriminates against an employee for testifying in a minimum wage enforcement proceeding subject to a $25 fine per offense.", "verbatimQuote": "Any employer who discharges or threatens to discharge, or who in any way discriminates or threatens to discriminate against, any employee because the employee has testified or is about to testify, or because the employer believes that the employee may testify, in any investigation or proceeding relative to the enforcement of this chapter, may be fined $25 for each offense.", "anchor": "https://openagreements.org/practice-guides/wage-and-hour/us/wisconsin#src-wi-witness-intimidation-fine" } ] } ] } }