Wisconsin Overtime Laws

Usually a full work week is defined as 40 hours, which is traditionally split up into 5 days of 8 hours each. The state labor laws of Wisconsin require an employer to pay an employee at a higher rate for hours worked in excess of 40 hours a week. Specifically, workers must be paid 1.5 times their regular rate of pay for hours worked in excess of 40 hours a week.

Wisconsin Overtime Laws at a Glance

Key aspects of the Wisconsin overtime laws are covered in the below table.

Law

Code

Wisconsin Work Periods

The Wisconsin Department of Workforce Development has classified 40 hours per week as a time period to be paid at regular rates and any hours in excess of 40 hours per week to be paid at least one and one-half times the regular rates.

Wisconsin Statutes § 103.02

 

Wisconsin Overtime Laws

Overtime compensation means the compensation required to be paid for hours worked during periods that the Wisconsin Department of Workforce Development has classified as periods that are:

  • In excess of 40 hours per week
  • To be paid for at the rate of at least 1.5 times an employee's regular rate of pay

Wisconsin Statutes § 103.025

 

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Application of Wisconsin Overtime Laws

According to the Wisconsin Department of Workforce Development, Wisconsin overtime laws apply to jobs at factories, mercantile businesses (any business pertaining to merchants or trade) or mechanical establishments (occupations requiring manual or mechanical skill), restaurants, hotels, motels, resorts, beauty parlors, retail and wholesale stores, laundries, express and transportation firms, telegraph offices and telephone exchanges.

Wisconsin overtime laws also apply to persons engaged in an occupation, business, or industry, dealings between persons or groups, the business of buying and selling or bartering commodities or services, and doing business with, having dealings with, or giving one thing in exchange for another.

Overtime for Minors

Under Wisconsin law, 16 and 17-year-old minors may be employed more than 8 hours a day or 40 hours a week when school is not in session. They must receive 1.5 times the regular rate of pay, for all hours worked in excess of 10 hours per day or 40 hours per week and must also not work in excess of 50 hours per week. The exception to this rule is that minors who are 14 to 17 years of age may be employed more than 50 hours per week in agriculture during peak periods.

Estalishments Exempt from Overtime

Certain types of establishments are exempt from Wisconsin overtime laws, including:

  • Agriculture (farming) as defined by Wisconsin law
  • Domestic service (in the private home of the employer)
  • Some non-profit organizations (contact the Wisconsin Equal Rights Division for specific information)
  • Federal agencies

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