Wisconsin Labor Law Guide 2026: Wages, Overtime, Breaks, and Leave

Wisconsin's wage and hour rules sit close to the federal floor, but the state adds a few requirements employers elsewhere do not face: a one-day-of-rest-in-seven rule for factories and retail, a strict 30-minute meal break for minors, work permits for workers under 16, and a wage payment law with a 31-day clock. The Equal Rights Division of the Department of Workforce Development (DWD) enforces the state's labor standards and handles roughly 800 to 1,000 active wage claims at any time.

Minimum Wage in Wisconsin

Wisconsin's minimum wage is $7.25 an hour, the same as the federal rate, and it has not changed since 2009. Tipped employees may be paid a cash wage of $2.33 an hour as long as tips bring them to $7.25, and an opportunity wage of $5.90 applies to employees under 20 during their first 90 consecutive days. There are no city or county minimum wages; state law preempts local rates.

For the tipped rules, the opportunity wage, the history of the state rate, and how Wisconsin compares with Minnesota and Illinois, see the Wisconsin minimum wage guide and the national minimum wage by state table.

Overtime Rules

DWD states that covered employers must pay employees "1 1/2 times their regular rate of pay for all hours worked in excess of 40 hours a week." The state rule covers "factories, mercantile or mechanical establishments, restaurants, hotels, motels, resorts, beauty parlors, retail and wholesale stores, laundries, express and transportation firms, telegraph offices and telephone exchanges," and the federal FLSA covers most other employers, so in practice nearly every Wisconsin employee is owed weekly overtime. There is no daily overtime rule.

Worked example at the minimum wage: an employee paid $7.25 works 45 hours. Regular pay is 40 hours at $7.25, or $290.00, and overtime is 5 hours at $10.88, or $54.38, for $344.38 gross. The overtime calculator does the math, and the overtime pay laws in the US guide compares Wisconsin with its neighbors.

State law lists its own exemptions, including executive, administrative, and professional employees, agricultural workers, and computer programmers paid at least $27.63 an hour, and it sets very low state salary floors ($700 a month for executives and administrators, $750 for professionals). Those figures are far below the federal $684 per week threshold, and DWD notes that the FLSA "may set overtime pay requirements for occupations or industries exempted by state law," so the federal threshold governs for FLSA-covered employers.

Meal and Rest Breaks

Wisconsin does not require breaks for adults. DWD "encourages employers to provide lunch breaks of at least 30 minutes at a time reasonably close to the usual meal period," but the choice is the employer's. Minors are different: "Your employer must provide you with a 30-minute duty-free meal period for every six consecutive hours of work."

Break type	Requirement	Applies to
Meal period, adults	Recommended 30 minutes near the usual meal time; not required	Employees 18 and over
Meal period, minors	30 minutes, duty-free, before working more than 6 consecutive hours	Employees under 18
Rest breaks	Not required	All employees
Pay for breaks	Breaks under 30 minutes are paid work time; breaks of 30 minutes or more are unpaid only if the employee is relieved of duty and free to leave the premises	All employees
One day of rest in seven	24 consecutive hours off in each calendar week	Factory and retail employees

The one day of rest rule, in DWD's words, means "if you work in factory or retail establishments you must receive one day off (24 consecutive hours) per calendar week," but "this section does not apply to an employee who states in writing that they voluntarily choose to work without a day off in 7 consecutive days." Janitors, watchmen, dairy, bakery, hotel, and restaurant employees are exempt, and the rest day can fall at the start of one week and the end of the next, allowing up to 12 consecutive working days. The break time calculator shows what a voluntary break policy looks like across shift lengths, and the rest and meal break laws by state guide compares Wisconsin with states that mandate breaks.

Paid Sick Leave and Other Leave

Wisconsin has no paid sick leave mandate and no state paid family leave program; state law preempts local sick leave ordinances. The state's own family and medical leave law applies to larger employers.

Leave type	Wisconsin rule
Paid sick leave	Not required by state law; employer policy governs
Wisconsin Family and Medical Leave Act	Employers with 50 or more employees: up to 2 weeks for the employee's own serious health condition, 6 weeks for a new child, and 2 weeks to care for a family member, unpaid but job-protected
Federal FMLA	12 weeks unpaid at employers with 50 or more employees, running concurrently with state leave where both apply
Jury duty	Job-protected; unpaid unless policy provides
Voting	Up to 3 consecutive hours off to vote, unpaid, with prior notice
Bone marrow and organ donation	Up to 6 weeks of unpaid leave at employers with 50 or more employees
Military	Federal USERRA plus state protections

See paid sick leave laws in the US for the states that do mandate leave and jury duty laws in the US for court leave rules.

PTO Payout and Final Paychecks

Wisconsin's Wage Payment and Collection Law (Chapter 109) requires "most Wisconsin employers to pay workers all wages earned at least monthly, with no longer than 31 days between pay periods." Logging and farm labor may be paid quarterly. When employment ends, DWD states that workers must receive final pay "in accordance with the employer's regular pay schedule," so the deadline is the next regular payday, which by definition falls within 31 days. When a business closes, merges, or relocates, the deadline shortens to 24 hours.

Vacation and PTO payout follows the employer's written policy. If the policy is silent, DWD generally treats accrued vacation as earned wages that must be paid; if the policy clearly says unused time is forfeited, that language controls. The PTO payout laws by state guide has the Wisconsin entry.

Deductions for loss, theft, or damage are allowed only when the employee authorizes them "in writing, after the problem occurs and before the deduction is made." Pay statements must show hours worked, wages earned, and deductions. Wage claims can be filed with the Equal Rights Division "within 2 years of the date payable."

Exempt vs Non-Exempt Employees

Because Wisconsin's own salary floors are so low, the federal $684 per week threshold and the federal duties tests decide exempt status for almost every employer. Wisconsin's exemption categories otherwise track the federal ones. Our exempt vs non-exempt employees guide covers the tests and the FLSA exemption flowchart helps classify a role.

Child Labor Rules

DWD states that "most employers must obtain work permits for minors under 16 before permitting them to work." Since 2017, 16 and 17 year olds no longer need permits.

Age group	Hours and time limits	Other rules
14 and 15, school in session	3 hours on a school day, 18 hours a week; 7 AM to 7 PM	Work permit required; no work during required school hours
14 and 15, school not in session	8 hours a day, 40 hours a week; 7 AM to 9 PM from June 1 through Labor Day
16 and 17	No daily or weekly limit; if employed after 11 PM, at least 8 hours of rest before the next shift	Cannot work during required school attendance
All minors	30-minute duty-free meal period before exceeding 6 consecutive hours	Federal hazardous occupation rules apply

See child labor laws in the US for the federal rules that apply on top of state law.

Other Wisconsin Employment Rules

• Local preemption. State law bars cities and counties from setting their own minimum wage, sick leave, or scheduling rules.
• Arrest and conviction records. The Wisconsin Fair Employment Act limits use of arrest and conviction records to those substantially related to the job.
• Drug testing. Employers may test, and unemployment benefits can be denied for a failed or refused test under employer policies that meet state rules.
• Lactation. Federal PUMP Act break and space requirements apply.
• Non-competes. Enforceable only if reasonable in time, territory, and scope, and courts will not rewrite an overbroad one.
• Wage claims. The Equal Rights Division investigates unpaid wage claims and can pursue penalties of up to 50 percent of the unpaid amount for willful violations.

Hiring, Termination, and Record-Keeping

Wisconsin is an at-will state with the standard exceptions for discrimination, retaliation, and public policy. The Wisconsin Fair Employment Act applies to employers of any size and protects age, race, creed, color, disability, marital status, sex, national origin, ancestry, sexual orientation, arrest or conviction record, military service, and use or nonuse of lawful products off duty.

Keep payroll records showing hours worked each day and week, wages, and deductions for at least 3 years, plus work permits for minors under 16 on file at the workplace. Post the state minimum wage, hours and times of day minors may work, and the federal notices. Because the one day of rest rule and the minors' meal break are enforced from time records, a time card calculator that shows consecutive days and break times, backed by a written timekeeping policy, is the simplest defense.

Frequently Asked Questions

Is Wisconsin an at-will state? Yes, with exceptions for discrimination, retaliation, and public policy.

Does Wisconsin require lunch breaks? Not for adults; DWD only recommends a 30-minute meal period. Minors must get a 30-minute duty-free meal period before working more than 6 consecutive hours.

When is overtime paid in Wisconsin? After 40 hours in a workweek at 1.5 times the regular rate. Wisconsin has no daily overtime.

When is the final paycheck due in Wisconsin? On the next regular payday under the employer's normal schedule, which must be within 31 days of the last day worked. If the business closes or relocates, within 24 hours.

Does Wisconsin have paid sick leave? No. The state does not mandate paid sick leave, and local ordinances are preempted. Larger employers must provide unpaid Wisconsin FMLA leave.

How many hours can a minor work in Wisconsin? Ages 14 and 15: 3 hours on a school day and 18 in a school week, or 8 a day and 40 a week when school is out. Ages 16 and 17 have no hour cap but need 8 hours of rest after a shift that ends past 11 PM.

What is the one day of rest in seven rule? Factory and retail employees must get 24 consecutive hours off in every calendar week unless they choose in writing to work all seven days.

Does Wisconsin pay out unused PTO? It depends on the written policy. Accrued vacation is treated as wages unless the policy clearly provides for forfeiture.

Sources

• Wisconsin DWD: Breaks and meal periods
• Wisconsin DWD: Hours of work and overtime
• Wisconsin DWD: One day of rest in seven
• Wisconsin DWD: Hours and times of day minors may work
• Wisconsin DWD: Wage payment and collection law
• US Department of Labor: State Minimum Wage Laws