(650) 332-8623Wisconsin Break Laws: Meals, Rests, and More (2025)
In this guide, you’ll learn about Wisconsin’s meal and rest break laws, who they apply to, and how to stay compliant in 2025.
Understanding Wisconsin Break Laws
Meal Breaks
Laws in Wisconsin Governing Meal Breaks
Wisconsin’s meal break laws are primarily governed by state regulations and recommendations outlined by the Wisconsin Department of Workforce Development (DWD) and the Wisconsin Legislature.
Under Wisconsin law:
- Employees under 18 years old must receive a 30-minute duty-free meal period if they work more than six consecutive hours.
- For employees 18 years or older, employers are not required to provide meal breaks. However, it is recommended that employers allow at least a 30-minute meal period reasonably close to normal meal times.
- If a meal break is provided but is less than 30 consecutive minutes or if the employee is not free from all work duties, the break must be paid.
- If an employee is required to stay on the employer’s premises or remain on duty during their meal break, it is considered paid work time.
- Employers cannot deduct wages for authorized breaks of less than 30 minutes.
Rest Breaks
Laws in Wisconsin Governing Rest Breaks
Wisconsin law does not require employers to provide rest breaks or coffee breaks to employees. However, the state has guidelines regarding short breaks:
- Employers may provide rest breaks voluntarily, but it is not mandated by law.
- Any break that is less than 30 minutes is considered work time and must be paid.
- Employers cannot deduct from an employee’s wages for breaks under 30 minutes.
What's the Difference?
Meal Breaks vs. Rest Breaks in Wisconsin
Unlike many other states, Wisconsin does not mandate meal or rest breaks for adult employees. The key differences between meal and rest breaks under Wisconsin law include:
- Meal breaks of 30 minutes or more are unpaid if the employee is completely relieved of work duties and allowed to leave the premises.
- Shorter breaks (less than 30 minutes) must be paid.
- Unlike some states, Wisconsin does not have a requirement for paid rest breaks based on the length of a work shift.
Exemptions
What Type of Workers are Exempt from Wisconsin's Break Laws?
Since Wisconsin does not have strict meal or rest break requirements for adult workers, exemptions are minimal. However, specific rules apply to certain groups:
- Minors under 18: Must receive a 30-minute duty-free meal period when working over six consecutive hours.
- One Day of Rest in Seven Law: Employees in certain factory and mercantile jobs must receive 24 consecutive hours of rest in a calendar week. However, this rest period does not have to occur every seven days and may be scheduled flexibly over a two-week period.
- Collective Bargaining Agreements: Employees covered by union agreements may have specific meal and rest break provisions that differ from state recommendations.
- On-Duty Meal Breaks: If an employee is required to remain on the premises or continue performing duties during a meal period, the employer must compensate them for this time.
Wisconsin employers and employees should review their specific work agreements, industry regulations, and federal guidelines to ensure compliance with applicable labor laws.
Differences Between Wisconsin and Federal Break Laws
Federal laws do not stipulate any requirements for rest breaks, specifying only that “bona fide” meal breaks are not to be considered working time and do not need to be paid for if the employee is completely relieved of all duties.
The U.S. Department of Labor provides two primary statutes governing meals and breaks nationwide:
- Rest Breaks: 29 CFR 785.18
- Meal Breaks: 29 CFR 785.19
Understanding Wisconsin’s break laws can help you remain compliant, as these laws will typically be more stringent and specify harsher penalties than U.S. labor laws.
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Other Types of Breaks for Workers in Wisconsin
Wisconsin law requires that employees under the age of 18 receive a 30-minute, duty-free meal period if they work a shift longer than six consecutive hours. This meal period must be scheduled reasonably close to typical meal times (6:00 a.m., 12:00 noon, 6:00 p.m., or 12:00 midnight) or near the middle of the shift.
Minors may not work more than six consecutive hours without receiving this meal break.
Wisconsin doesn’t have specific statutes requiring additional break time for pregnant employees. However, employers are encouraged to provide reasonable accommodations, which may include additional break time for pregnancy-related needs.
For nursing employees, Wisconsin law follows federal regulations, which require employers to provide reasonable break time for employees to express breast milk. These breaks must be provided in a private, non-bathroom space that is free from intrusion and is not visible to others. The duration and frequency of these breaks depend on the needs of the nursing employee.
However, employers are not required to compensate employees for this break time unless the employee is not completely relieved of work duties.
Wisconsin doesn’t have specific break requirements for employees in the entertainment industry or other specialized fields. Employees in such industries are subject to the same general meal and break laws as other workers in the state.
Wisconsin’s “One Day of Rest in Seven” law requires factory and retail employees to receive at least 24 consecutive hours of rest each calendar week. This rest period doesn’t have to occur every seven days; for example, an employer can schedule an employee for 12 consecutive workdays if the rest days are at the beginning and end of a two-week period.
Employers can request a waiver from the Wisconsin Department of Workforce Development under unusual circumstances, typically granted if both employer and employee representatives jointly request it.
Wisconsin doesn’t require employers to provide rest breaks or coffee breaks to employees, regardless of age. If an employer chooses to offer rest breaks of fewer than 30 minutes, those breaks must be counted as paid work time. Employers cannot deduct wages for short breaks lasting less than 30 consecutive minutes.
While Wisconsin law doesn’t require meal breaks for employees aged 18 and older, the state recommends that employers provide at least a 30-minute meal period for shifts longer than six consecutive hours. Employers are encouraged to schedule meal periods close to standard meal times or near the middle of a shift.
If an employee is required to remain on duty during a meal break or is not free to leave the premises, the meal break must be counted as paid work time. Employers cannot deduct wages for such on-duty meal periods. Additionally, Wisconsin law prohibits employers from requiring employees to accept meals as part of their wages.
Recordkeeping Requirements for Breaks in Wisconsin
Wisconsin law requires employers to keep detailed records of employees’ work hours and meal periods when those meal periods are required or deducted from work time. Employers must retain the following records for at least three (3) years:
- Employee name and address
- Date of birth
- Date of hire and termination
- Daily start and end times
- Start and end times for meal periods (if deducted from work hours)
- Total daily and weekly hours worked
- Pay rates and wages paid per payroll period
- Deductions from wages
Employers are not required to maintain records of short, paid rest breaks or coffee breaks, as these are considered part of an employee’s work hours.
Wisconsin Penalties for Meal and Break Violations
$10 – $100 per dayFines for Violations
Employers who fail to comply with Wisconsin’s labor laws regarding meal and break times may face monetary penalties.
Under Wisconsin law, employers can be fined between $10 and $100 per day for each violation. Each day an employer is non-compliant is considered a separate offense, potentially leading to accumulating penalties.
50%- 100% more than the unpaid wagesWage Recovery and Additional Penalties
Employees who are denied proper break pay or wages can file a wage claim, which may result in additional penalties for the employer. If the claim is found valid:
- Employers may be required to pay 50% to 100% more than the unpaid wages as a penalty.
- If the employer refuses to settle the claim, the case may be taken to court for further enforcement.
Legal ActionEnforcement and Compliance Measures
Wisconsin labor authorities may require non-compliant employers to conduct payroll audits to identify and correct violations. If an employer fails to comply, the Wisconsin Department of Justice may take legal action to recover unpaid wages and enforce penalties.
Misconceptions About Meals and Breaks in WI
Some Wisconsin employees assume that their employer is legally required to provide meal or rest breaks during their shifts.
Wisconsin law does not require employers to provide meal or rest breaks for employees 18 and older. However, minors under 18 must receive a 30-minute meal period when working shifts longer than six hours. While meal breaks for adults are recommended, they are not mandatory.
Employees may believe that any break longer than 30 minutes must be counted as paid work time.
Only on-duty meal periods—where employees are not free from work duties or cannot leave the premises—must be paid. If an employee is relieved of all duties and free to leave, the employer does not have to pay for the meal break, as long as it lasts at least 30 minutes.
Some workers think that employers cannot make them take breaks, assuming all break time is optional.
Employers can require employees to take breaks and may schedule them at their discretion. However, for minors under 18, meal breaks must be scheduled reasonably close to standard meal times (such as 6:00 a.m., 12:00 p.m., 6:00 p.m., or 12:00 midnight).
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Employees: Know Your Rights to Meals and Breaks in Wisconsin
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Unlike some states, Wisconsin does not require employers to provide meal or rest breaks for adult employees. However, employees under 18 who work more than six consecutive hours are entitled to a 30-minute, duty-free meal period. If an employer offers breaks of less than 30 minutes, those breaks must be paid.
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Employees cannot be retaliated against for reporting wage violations related to breaks and meal periods. If an employee is required to work through a break or is not properly compensated for an on-duty meal period, they may have the right to recover lost wages through a claim with the Wisconsin Department of Workforce Development.
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Wisconsin also has a “One Day of Rest in Seven” law that applies to factory and retail employees, ensuring at least 24 consecutive hours of rest per calendar week. However, this rest period does not need to occur every seven days and may be scheduled flexibly over a two-week period.
Employer Obligations for Meals and Breaks in WI
Employers in Wisconsin are expected to:
- Follow state guidelines regarding meal periods for minor employees.
- Pay for any break shorter than 30 minutes.
- Provide duty-free meal periods if they wish to deduct them from paid work hours.
- Comply with the “One Day of Rest in Seven” law if applicable to their industry.
Wisconsin employers also have the right to set an employee’s break schedule. This means employers can determine when and how long meal or rest breaks last, so long as they meet the state’s legal requirements for minor employees and applicable industry-specific laws.
Employers should clearly communicate break schedules to employees and have a process in place for workers to request accommodations, such as for medical conditions requiring different break arrangements.
How to Ensure Compliance
To avoid wage disputes and penalties, Wisconsin employers should take proactive steps to comply with break regulations:
- Provide Clear Policies
Employers should establish written policies regarding meal and rest breaks, ensuring all employees understand their rights and responsibilities. - Train Employees and Supervisors
Supervisors should be aware of meal and break laws, especially when scheduling minor employees, to avoid legal violations. - Monitor Compliance
Employers should track break times to ensure that short breaks are compensated properly and that minor employees receive the required meal periods. - Provide Reasonable Accommodations
Employers should consider reasonable accommodations for employees who require specific break arrangements due to medical conditions, including nursing employees who need time and space to express breast milk. - Consult with Legal Experts
Wisconsin labor laws can be complex, and employers should seek legal guidance to ensure their policies align with state regulations. - Keep Up with Changes in the Law
Employers should stay informed about any updates to Wisconsin labor laws regarding meal and rest breaks to maintain compliance.
Benefits to Employees
Following Wisconsin’s break and meal period guidelines provides significant benefits to employees:
- Improved Health and Focus – Proper breaks help reduce fatigue, prevent burnout, and support overall well-being.
- Enhanced Productivity – Employees who take breaks return to tasks with better concentration, improving efficiency and job performance.
- Greater Job Satisfaction and Legal Assurance – Workers who feel their rights are respected are more likely to stay engaged and satisfied in their roles, while also being assured that they are being treated fairly under the law.
Benefits to Employers
Compliance with Wisconsin’s break time labor laws benefits businesses by:
- Optimizing Workforce Efficiency – Scheduled breaks can help maintain steady productivity throughout the workday.
- Strengthening Employee Relationships – A workplace that values employee well-being fosters loyalty and reduces turnover.
- Avoiding Legal Risks and Penalties – Following Wisconsin’s labor laws helps businesses prevent costly disputes and potential fines.
By understanding and adhering to Wisconsin’s meal and break laws, both employees and employers can create a fair and productive work environment.
The Bottom Line on Wisconsin Meal and Break Laws
Wisconsin’s meal and rest break laws provide important guidelines for both employees and employers, even though they are less stringent than those in some other states. While adult employees are not legally entitled to meal or rest breaks, minor employees working over six consecutive hours must receive a 30-minute duty-free meal period. Additionally, Wisconsin’s “One Day of Rest in Seven” law ensures that certain employees receive at least one full rest day per calendar week.
For employees, understanding these laws helps ensure fair treatment in the workplace. Knowing their rights can empower workers to advocate for proper break time, whether through state regulations or company policies.
For employers, compliance with Wisconsin’s break laws can enhance workplace productivity, prevent legal disputes, and contribute to employee satisfaction. Even in the absence of strict legal requirements, providing reasonable break policies can improve morale and foster a more positive work environment.
As labor laws continue to evolve, staying informed about Wisconsin’s meal and break regulations is essential. Employers who proactively create and enforce clear break policies will be better positioned to attract and retain talent while maintaining a legally compliant and productive workplace.
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In Wisconsin, meal breaks are not required by law for adult employees. However, the state recommends that employers provide a meal break of at least 30 minutes, especially for shifts longer than six hours.
For minors (employees under 18), Wisconsin law mandates a 30-minute meal break after working six consecutive hours. If an adult employee is provided a meal break, it can be unpaid only if the employee is completely relieved of their duties during that time.
In Wisconsin, adult employees are not required by law to receive any breaks during a 6-hour shift. However, employers are encouraged to provide a 30-minute meal break, which can be unpaid if the employee is completely relieved of duties.
For minor employees (under 18), Wisconsin law mandates one 30-minute meal break after working six consecutive hours. This break must be duty-free and typically occurs near usual meal times.
Rest breaks are not mandated by Wisconsin law for adults, but if provided, any break under 30 minutes must be paid.
In Wisconsin, there is no legal limit on the length of a shift for adults, and employers are not required to provide breaks. However, if an employer chooses to provide a meal break, it must be at least 30 minutes long to be unpaid, and the employee must be completely relieved of duties during that time. For minors, a 30-minute meal break is required after working six consecutive hours.
Therefore, the longest shift an adult can work without a break is theoretically unlimited, as Wisconsin law does not mandate breaks for adults. However, employers are encouraged to provide meal breaks, especially for shifts longer than six hours
In Wisconsin, adult employees are not required by law to receive a meal break. However, employers are encouraged to provide a 30-minute meal break, especially for shifts longer than six hours. If a meal break is provided, it can be unpaid only if the employee is completely relieved of duties during that time.
For minor employees (under 18), a 30-minute duty-free meal break is required after working six consecutive hours. This break should be near usual meal times.
In summary, meal breaks are mandatory for minors after six hours of work but are not required for adults, though they are recommended.
