Each state has different rules for employment. Here’s what you need to know about Wisconsin employment laws.
Wisconsin outlines specific rules and regulations regarding various aspects of employment law, including minimum wage, overtime pay, and required breaks while at work.
Wisconsin Fair Employment Law
The Wisconsin Fair Employment Law (WFEA) prohibits discrimination against employees based on sex, race, disability, age (40 and over), creed, color, national origin, ancestry, sexual orientation, marital status, arrest and conviction record, military status, arrest and conviction record, marital status, use of lawful products, and genetic testing.
Related: Can an Employer Sue an Employee for Poor Performance?
Wisconsin Overtime Laws
In Wisconsin, eligible employees who work more than 40 hours per week are entitled to overtime pay at a rate of 1.5 times their regular rate of pay. Minors are also entitled to receive overtime pay at a rate of 1.5 times their regular rate of pay for all hours worked over 10 hours per day or 40 hours per week.
Wisconsin exempts the following occupations under state overtime laws:
- Agriculture
- Domestic Service (in the private home of the employer)
- Some non-profit organizations
- Federal agencies
Related: Workers’ Compensation Laws & Requirements By State
Wisconsin Minimum Wage Laws
Currently, Wisconsin’s minimum wage is $7.25. The amount is consistent with the present federal minimum wage amount. Except for tipped employees, student workers, and some jobs, most Wisconsin employees will receive this amount.
Wisconsin Employment Law FAQs
How many days can employers require their employees to work in Wisconsin?
Most employers can set the hours and days of work their employees must work. However, in factories and mercantile establishments, employees cannot work 7 days a week. According to the “One Day of Rest in Seven” law, employers must give their employees at least one day of rest in a 7-day workweek. However, the law does not require employers to give a day of rest every 7 days. An exception to the rule is if an employee works for 12 consecutive days since their days of rest fall on the first and last day of a two-week period.
In Wisconsin, how many days can employees request time off for a family or medical leave?
The Wisconsin Family and Medical Leave Act (WFMLA) requires employers with 50 or more employees to provide employees with up to:
6 weeks of leave for childbirth or child adoption,
2 weeks of leave to care for a family member with a serious health condition, and
2 weeks of leave to take care of their own serious health condition.
For employees to receive these benefits, the employee must have worked for an employer for at least 1,000 hours in 52 consecutive weeks.
Does Wisconsin require workers to take breaks?
Wisconsin does not require employers to provide brief breaks for adult employees. However, the state requires employers to provide breaks for employees under age 18. Under state law, employees under age 18 may not work longer than 6 consecutive hours without receiving at least a 30-minute meal period. In addition, if either an adult or minor employee takes a break for less than 30 minutes, the employer must pay their employees. If the break is 30 min or longer, the employer does not need to pay for the break time.
Can an employee file a Labor Standards Complaint against their employer in Wisconsin?
An employee can file Labor Standards Complaints against their employer through the Department of Workforce Development in Wisconsin. The 5 types of complaints are:
- Cessation of Health Care Benefits complaint
- General Labor Standards complaint
- Plant Closing/Mass Lay-Off Notification Law complaint
- Prevailing Wages complaint
- Wage Claims
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If you or a loved one would like to learn more about Wisconsin Employment Laws, get your free consultation with one of our Employment Attorneys in Wisconsin today!