Wisconsin Overtime laws & compensation compliance analysis

Wisconsin Overtime: What you need to know

Wisconsin law requires that covered employers pay a nonexempt employee overtime in the amount of 11/2 times the employee's regular pay rate for hours worked in excess of 40 in a workweek (WI ADC and DWD Sec. 274.01et seq.). Wisconsin does not require that overtime be paid for hours worked in excess of 8 per day or on weekends or holidays.
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Wisconsin law prohibits an employer from allowing an employee to work during a period of a day or week that endangers the employee's life, health, safety, or welfare.
Because the federal Fair Labor Standards Act (FLSA) applies to virtually all enterprises involved in interstate commerce, most Wisconsin employers are covered by the federal law. Employers that are covered by both state and federal law must comply with the law that sets the higher standard of protection for employees.
The Wisconsin overtime law applies to the state and its subdivisions and the following industries:
• Manufacturing
• Mechanical and mercantile establishments
• Restaurants
• Hotels
• Motels and resorts
• Beauty parlors
• Retail and wholesale stores
• Laundries
• Express and transportation firms
• Telegraph offices and telephone exchanges
• Confectionary stores
Wisconsin law provides for numerous exemptions from the state overtime requirement (WI ADC and DWD Sec. 274.04).
Wisconsin provides overtime exemptions for bona fide executive, administrative, and professional employees.
In addition, the following occupations and employees are exempt from Wisconsin's overtime law:
• Farm workers
• Domestic servants
• Outside salespersons who spend 80 percent of their time away from the place of business
• Higher paid commission employees of retail and service ...

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Wisconsin Overtime Resources

Type Title
Checklists Trainees Checklist
Forms Overtime Authorization Form
Policies Overtime
See all Overtime Resources