The Wisconsin Labor Law Guide

Minimum wage is the lowest hourly pay rate an employer is legally required to pay. The federal rate sets a baseline, but states, cities, and regions can adopt their own.

Wisconsin sets its minimum wage at $7.25 per hour, which currently matches the federal minimum wage. Employers must pay at least this rate for most employees.

Wisconsin law preempts local wage ordinances. Cities and counties cannot set their own minimum wage rates for private employers, which keeps a uniform wage floor across the state.

The tipped minimum wage is the lowest hourly pay rate an employer can pay workers who earn a significant share of their income from tips.

Wisconsin allows employers to pay a base cash wage of $2.33 per hour to tipped employees, as long as the employee's total earnings (cash wage plus tips) meet or exceed the standard minimum wage of $7.25 per hour.

Wisconsin law does not define a "tipped employee" using a specific dollar threshold, but most employers are subject to the federal Fair Labor Standards Act (FLSA). Under the FLSA, a tipped employee is typically a worker who customarily and regularly receives more than $30 per month in tips.

Employer responsibilities to use the tip credit include:

• Maintain accurate records: keep detailed records of hours worked and tips received, including signed employee declarations for each pay period.
• Verify total earnings: make sure the tips actually received, added to the $2.33 base wage, equal at least the $7.25 minimum wage.
• Cover the difference: if the combined total falls below $7.25 per hour for the pay period, the employer must pay the shortfall to the employee.
• Communicate policies: explain tip credit rules clearly in employee handbooks or onboarding documentation.

General rule

Most employees in Wisconsin, including those working for state and local government units, must be paid 1.5 times their regular rate for all hours worked over 40 in a workweek, regardless of age.

This overtime requirement applies to workers in establishments such as:

• Factories
• Retail and wholesale stores
• Restaurants, hotels, and motels
• Mechanical, mercantile, and service businesses
• Transportation firms and laundries

Minors (ages 16-17)

Wisconsin has a stricter rule for minors under state law. Employees aged 16 or 17 must be paid 1.5 times their regular rate for any hours worked over 10 in a single day or over 40 in a workweek, whichever is greater.

Minors (under 18)

Wisconsin law requires employers to provide a 30-minute, duty-free meal period to minors under 18 when they work more than six consecutive hours. Shorter breaks are optional and not required by law.

Adults (18 and older)

There is no legal requirement in Wisconsin to provide meal or rest breaks for employees aged 18 or older. Employers are encouraged to provide reasonable breaks during shifts, typically around normal mealtimes.

Paid vs. unpaid break time

• Breaks under 30 minutes must be paid and counted as hours worked.
• Breaks of 30 minutes or longer are unpaid only if the employee is completely relieved of all duties and free to leave the premises.
• Breaks of 30 minutes or longer are paid if the employee remains on duty or is not fully relieved of job responsibilities.

Employers cannot deduct time or wages for authorized breaks that are shorter than 30 minutes.

Wisconsin Family and Medical Leave Act (WFMLA)

The Wisconsin Family and Medical Leave Act applies to employers with 50 or more permanent employees. Eligible employees must have worked for the same employer for more than 52 consecutive weeks and worked at least 1,000 hours in the preceding 52-week period.

Under the WFMLA, eligible employees may take unpaid, job-protected leave for:

• Up to 6 weeks for the birth or adoption of a child (if taken within 16 weeks of the event)
• Up to 2 weeks to care for a family member with a serious health condition
• Up to 2 weeks for the employee's own serious health condition

When an employee qualifies for both WFMLA and federal FMLA, the leave generally runs concurrently, though concurrency depends on the qualifying reason.

Vacation leave

Wisconsin law does not require paid or unpaid vacation leave. Any vacation benefits must follow employer policies or agreements. If paid vacation is promised but not provided, employees may file a wage claim with the Wisconsin Department of Workforce Development (DWD).

Paid sick leave

Wisconsin does not require paid or unpaid sick leave. Employers may voluntarily offer sick leave. Employees may elect to substitute accrued paid leave when taking WFMLA leave.

Holidays

Wisconsin law does not require private employers to provide paid or unpaid holiday leave. Holiday pay and time-off policies are set by the employer and should be communicated in written policies or agreements.

Minimum age to work

In Wisconsin, the minimum age for most employment is 14, unless a specific exemption applies. Younger minors may work only in a limited number of situations, including:

• Agriculture
• Domestic work in a private home (not connected to a business)
• Work for a parent or guardian in their business (non-hazardous)
• Street trades (for example, selling newspapers, fundraising for nonprofits)
• Public entertainment or exhibition roles

Work permits

• Required for all minors under age 16 before beginning work.
• Not required for minors age 16 or 17 (as of the 2017 law change).
• Still required for minors of any age engaging in street trades (for example, door-to-door sales), in accordance with DWD rules.

Meal breaks

All minors under 18 must receive a 30-minute, duty-free meal break when they work more than six consecutive hours.

Hours of work: minors age 14 to 15

Wisconsin follows federal regulations for this age group.

During weeks when school is in session:

• Up to 3 hours on a school day
• Up to 8 hours on a non-school day
• Up to 18 hours in a school week

During weeks when school is not in session:

• Up to 8 hours per day
• Up to 40 hours per week

Permitted time of day:

• 7:00 AM to 7:00 PM
• Extended to 9:00 PM from June 1 to Labor Day

Hours of work: minors age 16 to 17

State law imposes no daily or weekly hour limits for minors aged 16 and 17. Employers must still follow two key rules:

• Night work restrictions: minors 16 or 17 who work after 11:00 PM must receive at least 8 hours of rest before starting their next shift.
• School attendance requirement: minors aged 16 to 17 may not work during hours they are required to attend school.

Prohibited and restricted employment

Wisconsin adopts federal hazardous-occupation restrictions. Minors may not work in jobs deemed hazardous by the U.S. Department of Labor (for example, certain machinery, roofing, excavation, meat processing).

Wisconsin also prohibits or restricts minors in:

• Manufacturing roles for 14- and 15-year-olds
• Certain food service, delivery, and loading tasks
• Door-to-door sales without appropriate supervision
• Late-night work in specific industries unless rules are met

Employers should consult the full DWD guide for complete prohibited-occupation lists.

Recordkeeping requirements

Employers must maintain accurate records of:

• Minor's date of birth
• Work permit (if under 16 or in street trades)
• Daily starting and stopping times
• Total daily and weekly hours worked
• Meal periods provided