Wisconsin Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)

Under federal law (FMLA), eligible employees can take up to 12 weeks of unpaid leave for serious health conditions, childbirth, or care for family members.

Under Wisconsin Family and Medical Leave Act (WFMLA) , employees of companies with 50+ employees can take up to 6 weeks for the birth or adoption of a child and up to 2 weeks for their own or a family member’s serious health condition.

Wisconsin law does not require paid sick leave for private employees, but the WFMLA offers unpaid sick leave for eligible employees​.

Public employees, however, accrue up to 130 hours (16.25 days) per year. Unused sick leave carries over year to year and can be used toward health insurance upon retirement​

Vacation leave is not required by law. However, if provided, employers must follow their established policies regarding accrual and payout​.

Meanwhile, public employees may earn vacation leave based on years of service. Employees receive between 104 and 216 hours per year, with provisions for vacation carryover.

Bereavement leave is not required, but many companies offer up to 3 days of paid or unpaid leave. Meanwhile, public employees may use sick leave for the death of an immediate family member.

Employees are protected under federal law (USERRA), allowing unpaid leave for military service with job protection​.

Private employers must provide unpaid leave for jury duty, though some employers choose to offer paid leave. This leave, however, is paid for public employees.​

Private employers with 50+ employees must offer up to 6 weeks of unpaid leave for organ or bone marrow donation.

Public employees may receive up to 30 days off with pay for organ donation and up to 5 days for bone marrow donation.

Employees are entitled to up to 3 hours of unpaid leave to vote, provided they request it in advance.

Employers with more than 11 employees must provide up to 15 days of unpaid leave for emergency service operations as part of the Civil Air Patrol​.

Wisconsin law prohibits cities, towns, or counties from establishing their own minimum wage rates that differ from the state standard. This means that no municipality in Wisconsin can set a minimum wage higher than $7.25 per hour.

In Wisconsin, the following receive a sub-minimum wage:

1. 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​.
2. Tipped Employees: The minimum wage for tipped employees is $2.33 per hour. Employers must ensure the total earnings (wages + tips) equal at least $7.25 per hour. If not, the employer must make up the difference​.
3. Tipped Opportunity Employees: These employees can be paid a lower tipped wage of $2.13 per hour for their first 90 days of employment​.
4. Caddies: Caddies are paid $5.90 for 9 holes and $10.50 for 18 holes​.
5. Camp Counselors:
   • Without board or lodging: $350 per week for adults and minors.
   • With board only: $265 per week.
   • With board and lodging: $210 per week​.

In Wisconsin, certain employees are exempt from overtime pay, including:

1. Executive, Administrative, and Professional Employees: Must perform management or specialized duties and meet salary criteria.
2. Outside Salespersons: Those primarily engaged in sales outside the employer’s premises.
3. Commissioned Employees: Retail employees earning over 50% from commissions and meeting wage thresholds.
4. Agricultural Workers: Engaged in farming, raising livestock, or similar activities.
5. Motor Carrier Employees: Drivers, helpers, and mechanics covered by federal transportation rules.
6. Other Roles: Taxi drivers, movie theater employees, and workers in seasonal recreational establishments​.

2025 Overtime Rule Change

Effective January 1, 2025, the salary threshold for overtime exemption increases to $58,656 per year ($1,128 per week). This expands eligibility for overtime pay. Further adjustments will occur every three years, with the next update on July 1, 2027.

Wisconsin follows the at-will employment doctrine, meaning either the employer or employee can terminate employment at any time, with or without cause or notice. However, there are exceptions:

• Discrimination based on protected characteristics (e.g., race, age, gender) is prohibited.
• Public policy violations (e.g., firing an employee for reporting illegal activity) are not allowed.

Wisconsin is a right-to-work state, which means employees cannot be required to join or financially support a union as a condition of employment. Workers have the choice to participate in union activities or refrain from doing so.

Wisconsin does not mandate background checks for all positions, but they are commonly performed. Employers must comply with anti-discrimination laws when using background checks in hiring decisions​.

Similarly, employers in Wisconsin are not required to conduct drug testing. However, they are allowed to implement their own drug testing policies, provided these do not violate other employment laws​

Under the Wisconsin Fair Employment Act (WFEA), employers cannot discriminate based on race, sex, disability, age, national origin, marital status, sexual orientation, or military service. These protections apply to hiring, firing, and other employment decisions​.