Wisconsin Overtime Law



Wisconsin Minimum Wage Law

The Wisconsin Minimum Wage is currently the same as the Federal Minimum Wage, $7.25 per hour.

Rest Periods and Meal Breaks

Employees under 18 years of age must receive at least a 30-minute duty free meal period when working a shift greater than 6 hours in duration. Breaks of shorter duration are not required. If an employer provides breaks of less than 30 consecutive minutes in duration, the break time will be counted as work time. Wisconsin law does not require that employers provide brief rest periods, coffee breaks or meal periods for adult employees, although the Department recommends, in Chapter DWD 274.02(2) of the Wisconsin Administrative Code, that employers do so. Employers are encouraged, but not required, to provide breaks of at least 30 minutes in duration at times reasonably close to the usual meal period. Such matters are to be determined directly between the employer and the employee.

Employers must pay employees for "on duty" meal periods. An "on duty" meal period is one where the worker is not provided at least 30 consecutive minutes free from work, or where the worker is not free to leave the employer’s premises. Employers may not deduct from a worker's wages for any time off of less than 30 consecutive minutes.

WisconsinOvertime Law

Wisconsin Overtime Law requires that employers pay time and one-half the regular rate of pay for all hours worked in excess of 40 hours in the workweek. Under Wisconsin Overtime Law, a "week" is the employer’s established regular reoccurring period of 7 consecutive days. Employers may schedule employees any way they wish. This means that overtime may be made mandatory. Since employers may schedule as they see fit, they may also change employees’ schedules during a given week in order to prevent them from working overtime in that week. Hours paid for time not worked, such as sick leave, vacation pay or holiday pay, do NOT count as hours worked for purposes of computing overtime pay. Some public works construction projects require daily overtime and overtime on certain holidays. Other than in those situations, though, overtime is not required for work performed on a particular day of the week – only after 40 hours in a workweek.

Wisconsin’s overtime law applies to most employment in the State. It does not apply to most non-profit organizations. It does apply, however, to those employees who work in retail stores, restaurants or hotels, even if employed by non-profit organizations. It does not apply to household employment of domestic service workers or companions if the household itself employs them. Those types of workers are entitled to overtime if a for-profit employer employs them in this capacity, placing them in private homes. The law also provides for various exemptions, usually based upon occupation.

To learn more about Wisconsin Wage and Hour Law and Wisconsin Overtime Law visit the Wisconsin Department of Workforce Development at http://www.dwd.state.wi.us/er/labor_standards_bureau/default.htm

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