Wisconsin Wage and Hour FAQs

Wisconsin Overtime Law Questions

Back to Wisconsin Overtime Law

What should I do if my employer is not paying me overtime?

Workers who are entitled to overtime pay and are not receiving it can file a complaint with the Wisconsin Department of Workforce Development. Your complaint should include as much information as possible about the situation. You can also contact a Wisconsin overtime lawyer and inquire about filing a claim against your employer to recover back pay.

When a bi-weekly pay period is used, can the employer pay employees overtime pay for working over 80 hours per pay period rather than for over 40 hours per week?

No. When calculating overtime pay, the number of hours worked during each workweek in the pay period must stand alone. If an employee works 35 hours the first week and 45 hours the second week of a pay period, the employee is entitled to 5 hours of overtime pay for that pay period.

Is it legal for an employer and an employee enter into an agreement to waive state overtime regulations?

No. Employer and their employees do not have the authority to reach an agreement to waive a state law or regulation concerning overtime pay. Overtime compensation must be paid to employees in accordance with the Wisconsin state law.

If an employee works overtime hours that were not authorized by the employer, is the employee entitled to overtime pay for these hours?

Yes. If you qualify for overtime pay and work more than 40 hours in a workweek, you should receive time and a half for all hours worked over 40. This applies even if you employer did not specifically authorize the overtime hours.