Wisconsin employment law overview

Wisconsin has some laws that provide greater protections to employees than federal law, including broader antidiscrimination protections, health care continuation coverage obligations for smaller employers and bone marrow and organ donation leave requirements, but generally follows federal law with respect to topics such as the minimum wage, overtime pay and military leave. 

Select Wisconsin employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must comply with federal, state, and local law. Where there is overlap, complying with the law that offers the greatest rights or benefits to the employee will generally apply. 

Equal Employment Opportunity (EEO) and worker protections 

Wisconsin employers may be required to comply with requirements related to EEO and worker protections.   

Fair employment practices

The Wisconsin Fair Employment Act (WFEA) prohibits an employer from discriminating against or harassing any qualified person based on factors such as: 

• Age (40 years and older); 
• Ancestry; 
• Arrest and conviction record; 
• Creed; 
• Color; 
• Disability; 
• Marital status; 
• Military service; 
• National origin; 
• Nonparticipation in religious or political meetings or communications; 
• Race; 
• Sex (including pregnancy, childbirth, maternity leave or related conditions); 
• Sexual orientation; or 
• Use or nonuse of lawful products off the employer’s premises during nonworking time. 

It is unlawful to terminate or otherwise discriminate against any individual because he or she has opposed a discriminatory practice, made a complaint, or testified or assisted in any proceeding under the WFEA. 

Equal pay

Wisconsin does not have a standalone equal pay law. However, the Wisconsin Fair Employment Act prohibits discrimination, including in compensation, on the basis of any protected characteristic, and specifically prohibits sex-based pay discrimination between employees performing equal or substantially similar work unless sex is a bona fide occupational qualification. 

Pay transparency

Wisconsin does not have a pay transparency law applicable to private employers. 

Salary history inquiry restrictions

Wisconsin does not restrict an employer from inquiring into or relying upon an applicant’s salary history. 

Employee wage disclosure rights

Wisconsin does not have a wage disclosure law applicable to private employers. 

Pregnancy accommodation

Wisconsin does not have requirements for private employers related to pregnancy accommodation. 

Breastfeeding breaks 

Wisconsin does not have requirements for private employers related to breastfeeding breaks. 

Access to personnel files

Upon written request, current and former employees must be given the opportunity to review their personnel records: 

• Within seven working days of the request; 
• On two occasions per calendar year; 
• At a location reasonably near the employee’s place of employment; and 
• During normal office hours or at some other reasonable time. 

The employer may charge a reasonable copying fee if the employee wants a copy of information from the file. 

Current and former employees are also generally entitled to review and copy their medical records. 

Whistleblower protections

Wisconsin does not have a whistleblower law applicable to private employers. 

Scheduling 

Wisconsin does not have a scheduling law applicable to private employers. 

Recruiting and hiring 

Wisconsin does not currently have laws relating to credit checks, ban-the-box and E-Verify, applicable to private employers. 

Wage and hour 

Wisconsin employers may be required to comply with certain wage and hour requirements.   

Minimum wage

Wisconsin’s minimum wage is the same as the federal minimum wage, $7.25 per hour. Tipped employees may be paid $2.33 per hour as long as they reach the state minimum wage once tips are included. 

An employer may take an allowance for providing an employee with meals (up to 30 percent of what the employee would be paid for a 40-hour week) and lodging (up to 20 percent of what an employee would be paid for a 40-hour week). 

Subminimum wages may be paid to camp counselors, golf caddies, employees with disabilities, school training program workers between the ages of 14 and 18, and employees under 20 years of age who are employed for 90 or fewer consecutive calendar days. 

Overtime 

Wisconsin generally requires that nonexempt workers be paid one-and-one-half times their regular rate of pay for all hours worked in excess of 40 hours per week. 

Meal and rest breaks

While Wisconsin employers are not required to offer meal breaks to adult employees,  the Wisconsin Administrative Code recommends that employers provide such breaks reasonably close to standard meal times.  

Wisconsin law also requires that employees be free to leave the workplace during meal breaks; if the employer does not comply, the period is treated as work time.  

In addition, minors must be provided a 30-minute meal break if they work for more than six hours. The meal break must start reasonably close to 6 a.m., 12 noon, 6 p.m. or 12 midnight, or approximately midway of any work period.

Child labor

Child labor laws in Wisconsin restrict the occupations in which minors may be employed and the number of hours and times during which they may work. 

State law prohibits employment of minors under 18 years of age in occupations or workplaces that are considered dangerous or harmful to the life, health, safety or welfare of a minor or where a minor’s employment may be dangerous or harmful to the life, health, safety or welfare of other employees or individuals. Additional restrictions apply to minors under the age of 16. 

Minors under 14 years of age are generally prohibited from working, except in limited occupations. 

Minors of any age may work under the direct supervision of the minor’s parent or guardian in connection with the parent’s or guardian’s business, trade or profession (unless the occupation is prohibited for minors). 

Minors 14 or 15 years old, except those employed in domestic service, farm labor or public exhibitions, may only work: 

• Up to three hours on a school day; 
• Up to eight hours on a nonschool day; 
• Up to 18 hours in a school week; 
• Up to 40 hours in a nonschool week; 
• Up to six days per week; and 
• From 7:00 a.m. to 7:00 p.m. from the day after Labor Day to May 31 (to 9:00 p.m. from June 1 to Labor Day). 

Minors may not work more than six consecutive hours without a meal period of at least 30 minutes. 

Pay and benefits 

Wisconsin employers may be required to follow certain requirements with respect to employee pay and benefits.

Wage payment methods

Wisconsin employers may pay wages in cash or by check. However, if an employer pays wages in time checks or other paper method, they must be payable at a designated place of business in the county in which the work was performed, at the employer’s office (if within Wisconsin) or at a bank within the state. 

Pay frequency and lag time

State law requires employers to pay employees all wages at least once per month. Exceptions apply. 

Pay deductions

An employer may deduct from an employee’s wages: 

• State and federal taxes and FICA withholdings; 
• Creditor garnishments under a court order; and 
• Child support under an income withholding order. 

Deductions also may be made for loss, theft, damage or faulty workmanship under certain conditions.

Pay statements

Employers are required to include with employees’ pay a statement of the number of hours worked, the rate of pay and the amount of and reason for any deductions taken, except for any miscellaneous deductions of a personal nature authorized by the employee. 

Wage theft

Wisconsin does not have a wage theft law applicable to private employers. 

Health care continuation

Wisconsin’s health care continuation coverage law applies to employers of any size. Eligible employees and dependents may elect to receive continued health care coverage after the employee voluntarily or involuntarily terminates employment (unless terminated for misconduct), the employee dies or the employee’s marriage ends in divorce or annulment. Unlike federal COBRA, Wisconsin’s law does not include a maximum coverage period, but provides the circumstances under which coverage will end (e.g., the individual moves out of state or becomes eligible for other comparable coverage). In certain circumstances, an individual may be required to convert to an individual policy after 18 months of continued group coverage. 

Temporary disability insurance

Wisconsin does not have requirements for private employers related to temporary disability insurance. 

Time off and leaves of absence 

Wisconsin employers may be required to follow certain requirements with respect to time off and leaves of absence.   

Family and medical leave 

The Wisconsin Family and Medical Leave Act (WFMLA) requires employers that employ 50 or more employees on a permanent basis to provide eligible employees with up to: 

• Six weeks of leave for the birth or adoption of a child; 
• Two weeks of leave to care for a parent, child, spouse or domestic partner with a serious health condition; and 
• Two weeks of leave for the employee’s own serious health condition. 

An eligible employee is one who has worked for a covered Wisconsin employer for more than 52 consecutive weeks and for at least 1,000 hours during that period. 

Paid sick leave

Wisconsin does not have a state paid sick leave law applicable to private employers. 

Other time off requirements

In addition to the WFMLA, a Wisconsin employer may also be required to comply with other leave and time off laws, including but not limited to:

• Bone marrow and organ donation leave; 
• Voting leave; 
• Election official leave; 
• Military leave; 
• Civil Air Patrol leave; 
• Emergency responder leave; 
• Jury duty leave; 
• Witness leave; and 
• Day of rest requirements. 

Health and safety 

Key Wisconsin requirements impacting health and safety are: 

Occupational safety and health

Private sector employers in Wisconsin fall under the jurisdiction of federal OSHA for compliance and enforcement and must follow the appropriate Code of Federal Regulations that applies to their industry and work practices.

Drug and alcohol testing

Wisconsin does not have a law that specifically governs workplace drug and alcohol testing. Except for public contractors. Therefore, Wisconsin employers may establish their own drug and alcohol testing policies and require employees and job applicants to submit to such tests as a condition of employment, as long as the testing program complies with the ADA, the Wisconsin Fair Employment Act, collective bargaining agreements, and other laws that protect workers from discrimination or violations of privacy.

Smoke-free workplace

Wisconsin law prohibits smoking in enclosed places of employment. An employer must post appropriate signage. 

Weapons in the workplace

An employer may prohibit an employee from carrying guns or weapons into the workplace or during the employee’s regular duties, even if the employee has a concealed carry permit. 

However, an employer may not prohibit the holder of a concealed carry permit from storing a weapon in the employee’s personal motor vehicle, even if the employee uses that vehicle in the course of employment or the vehicle is driven or parked on employer-owned property. 

Safe driving practices

Texting while driving is banned in Wisconsin for all drivers. Although talking on cell phones is not banned for all drivers, Wisconsin has inattentive driving laws, which can hold a driver responsible if talking on a cell phone contributed to an accident. Commercial motor vehicle drivers are prohibited from using a handheld mobile telephone. 

Organizational exit 

Key Wisconsin requirements impacting organizational exit are: 

Final pay

Employees (except sales agents employed on a commission basis) who quit or are terminated must be paid in full by the employee’s next regular payday. 

An employee must be paid within 24 hours of termination resulting from a: 

• Merger; 
• Liquidation; 
• Cessation of business operations, in whole or in part; or 
• Relocation of all or part of the business. 

Mass layoffs

Wisconsin requires employers with 50 or more employees in the state to give 60 days’ notice of a business closing (affecting 25 or more employees) or mass layoff (affecting the greater of 25 percent of the employer’s workforce or 25 employees, or termination of 500 or more employees) to: 

• Affected employees; 
• Union representatives; 
• The highest official of the municipality in which the employer is located; and 
• The state. 

AI in employment 

Wisconsin does not have a law related to AI in employment applicable to private employers.