The Wisconsin Labor Law Guide

Minimum wage is the lowest hourly pay rate that employers are legally obligated to pay employees. The federal minimum wage is a wage baseline, but different states, cities, and regions can adopt their own rates.

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

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

→ Learn more about Deputy's labor law compliance software

Tipped minimum wage is the lowest hourly pay rate employers are legally obligated to pay employees who earn a significant portion of their income through tips.

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

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

Employer Responsibilities To utilize the tip credit, employers must:

• Maintain accurate records: Keep detailed records of hours worked and tips received, including signed employee declarations for each pay period.

• Verify total earnings: Ensure that the tips actually received, when 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: Tip credit rules should be clearly explained in employee handbooks or onboarding documentation to ensure compliance and understanding.

General Rule
Most employees in Wisconsin — including those working for state and local government units — must be paid 1.5 times their regular rate of pay 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 of pay 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 years old when working more than six consecutive hours. Shorter breaks are optional, but 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. However, 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 30 minutes or longer:

  • Unpaid only if the employee is completely relieved of all duties and free to leave the premises.

  • 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.

→ Find out how Deputy can help you simplify meal and rest break compliance

Wisconsin – Leave and Holidays (State Law Overview)

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 must have 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, although concurrency depends on the qualifying reason.

Vacation Leave
Wisconsin law does not require employers to provide 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 employers to provide 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 determined by the employer and should be communicated in written policies or agreements.

→ Learn more about Deputy's leave management software

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 (e.g., 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 2017 law change).

• Still required for minors of any age engaging in street trades (e.g., 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 14–15

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/day

• Up to 40 hours/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 16–17

State law imposes no daily or weekly hour limits for minors aged 16 and 17. However, employers must comply with 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 16–17 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 (e.g., certain machinery, roofing, excavation, meat processing).

Wisconsin also prohibits or restricts minors in:

• Manufacturing roles for 14–15-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

Hiring
The Wisconsin Fair Employment Law strictly prohibits any discrimination against any qualified job applicant because of:

• Sex

• Race

• Disability

• Age

• Creed

• Color

• National origin

• Ancestry

• Sexual orientation

• Marital status

• Arrest and conviction record

• Military status

• Use of lawful products

• Genetic testing

Any use of honesty tests by employers are regulated by the Fair Employment Law.

Firing
Wisconsin is known as an at-will employment state, meaning either the employer or the employee can end the employment at any time, for any lawful reason. 

Under Wisconsin final paycheck law, employers must pay the terminated or resigned employee their final paycheck by the next scheduled payday or within 31 days, whichever comes sooner.