Navigating the landscape of Wisconsin labor laws is essential for both employers and employees to ensure compliance and fair treatment in the workplace. As of 2025, Wisconsin’s labor laws encompass various aspects, including minimum wage, overtime, child labor, workplace rights, and union regulations. Understanding these laws can help you make informed decisions and protect your rights.
Minimum Wage in Wisconsin
In 2025, Wisconsin’s minimum wage remains aligned with the federal standard at $7.25 per hour. This rate applies to most employees, with some exceptions:
- Opportunity Employees: Workers under 20 years old can be paid a minimum wage of $5.90 per hour for their first 90 consecutive days of employment.
- Tipped Employees: The minimum wage for tipped employees is $2.33 per hour. Employers must ensure that the total earnings (wages plus tips) equal at least the standard minimum wage.
Wisconsin law prohibits cities and counties from establishing their own minimum wage rates, ensuring uniformity across the state.
Overtime Pay Regulations
Under Wisconsin labor laws, most employees are entitled to overtime pay:
- General Overtime Rule: Employees must be paid 1.5 times their regular rate for all hours worked over 40 hours per week.
- Minors Aged 16 and 17: Must receive overtime pay for hours worked over 10 hours in a day or 40 hours in a week.
Certain employees may be exempt from overtime pay, including those in executive, administrative, or professional roles, and some commission-based workers.
Child Labor Laws in Wisconsin
Wisconsin has specific regulations to protect minors in the workforce:
- Minimum Age for Employment: Workers must be at least 14 years old to be employed or permitted to work.
- Work Permits: Minors aged 14 and 15 require a valid work permit before starting employment.
- Work Hours for Minors:
- Ages 14 and 15:
- During the school year: Up to 3 hours per day and 18 hours per week.
- During non-school weeks: Up to 8 hours per day and 40 hours per week.
- Ages 16 and 17: No state-imposed limits on work hours, but federal restrictions during school attendance periods apply.
- Ages 14 and 15:
- Meal Breaks for Minors: Minors under 18 must receive a 30-minute, duty-free meal break if working more than 6 consecutive hours.
Workplace Rights and Protections
Wisconsin labor laws provide various protections for employees:
- Anti-Discrimination: The Wisconsin Fair Employment Law prohibits discrimination in all areas of employment based on sex, race, disability, age (40 and over), creed, color, national origin, ancestry, sexual orientation, marital status, arrest and conviction record, military status, use of lawful products, and genetic testing.
- Final Paychecks: Employers must pay terminated employees their final paycheck by the next scheduled payday or within 31 days, whichever comes sooner.
- Workplace Posters: Employers are required to display certain workplace posters to inform employees of their rights. These posters must be placed in a conspicuous location and are available for download from the Wisconsin Department of Workforce Development.
Union Rights and Collective Bargaining
Recent legal developments have impacted union rights in Wisconsin:
- Restoration of Collective Bargaining Rights: A Dane County Circuit Judge ruled in December 2024 that Wisconsin’s Act 10, which had stripped collective bargaining rights from most public employees, was unconstitutional. This decision restored collective bargaining rights to public sector workers, including teachers and other non-public safety employees.
- Pending Appeals: The ruling is expected to be appealed, and the future of collective bargaining rights in Wisconsin remains uncertain.
Key Takeaways
- Minimum Wage: $7.25 per hour for most employees; $5.90 per hour for opportunity employees under 20 years old during their first 90 days.
- Overtime Pay: 1.5 times the regular rate for hours worked over 40 per week; specific rules apply to minors.
- Child Labor: Minors must be at least 14 years old to work; work permits required for those under 16; specific hour restrictions apply.
- Workplace Rights: Protections against discrimination; requirements for final paychecks and workplace postings.
- Union Rights: Recent court ruling restores collective bargaining rights for public sector workers; appeals pending.
Understanding these Wisconsin labor laws is crucial for ensuring fair treatment and compliance in the workplace. For more detailed information or specific inquiries, consider consulting the Wisconsin Department of Workforce Development or a legal professional specializing in employment law.
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