State Overtime Laws
Wisconsin Overtime Laws
Unpaid Overtime Law in Wisconsin
Many Wisconsin workers are denied the wages that they are owed under Federal and Wisconsin law. If you are an Wisconsin worker who has been unlawfully denied overtime, you have the right to participate in a lawsuit against your employer. Wisconsin overtime lawyers can help you recover what you are owed.
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Detailed Wisconsin Overtime Laws
Wisconsin Minimum Wage Law
In Wisconsin, the current minimum wage is the same as the Federal Minimum Wage and is set at $7.25 per hour.
Overtime Law in Wisconsin
Under Wisconsin's overtime law, employers are required to pay employees time and one-half their regular rate of pay for all hours worked in excess of 40 hours during a workweek. A "workweek" is defined as the employer’s established regular reoccurring period of 7 consecutive days. Employers may schedule employees any way they wish. Therefore, it is not illegal for employers to make overtime mandatory. Employers are also permitted to change employees’ schedules during a given week in order to prevent them from working overtime during that week. Hours paid for time not worked (including vacation pay, holiday pay, or sick leave) do not count as hours worked for purposes of calculating overtime pay. Overtime pay is not required for work performed on a particular day of the week – only after 40 hours in a workweek. The only exception to this is certain public works construction projects that require daily overtime and overtime on some holidays.
Wisconsin’s overtime law applies to most types of employment in the state. However, it does not apply to the following:
- Most non-profit organizations. It is important to note that workers employed by non-profit organizations who work in retail stores, restaurants or hotels are entitled to overtime.
- Domestic service workers or companions employed by the household itself. Those employed by a for-profit employer who places them in private homes are entitled to overtime.
The law also provides for various exemptions, usually based upon the worker's job duties.
Meal Periods and Rest Breaks
Wisconsin wage and hour law does not require that employers provide meal or rest breaks to adult employees. However, when offered, breaks must be compensated if the employee works during this time. Breaks lasting less than 30 minutes must also be paid.
Wisconsin Wage and Hour FAQs
For more information on Wisconsin overtime law, visit our Wisconsin wage and hour FAQ page.
For More Information, visit the Wisconsin Department of Labor Website