Wisconsin Meal Period and Rest Break Laws

Wisconsin Break Laws

Back to Wisconsin Overtime Law

Wisconsin law states that workers under the age of 18 must receive at least a 30-minute meal period when working a shift longer than 6 hours. They cannot be required to work through this meal period. Breaks lasting less than 30 minutes should be considered work time and therefore should be compensated.

Brief rest periods, coffee breaks, and meal periods for adult employees are not required under Wisconsin state law. However, in Chapter DWD 274.02(2) of the Wisconsin Administrative Code, the Wisconsin Department of Workforce Development encourages employers to provide breaks of at least 30 minutes around meal times. These matters should be handled directly between the employer and the employee.

Employers are required to pay employees for "on duty" meal periods. If a worker is not given at least 30 consecutive minutes free from work or if the worker is not allowed to leave the work site, it is considered an "on duty" meal period. Employers may not deduct from an employee's wages for any breaks of less than 30 consecutive minutes.