Wisconsin Wage and Overtime Law

This page is devoted to Wisconsin* law. For information on Federal law or other states see our overtime page.

Like the Federal Fair Labor Standards Act, the Wisconsin overtime law requires that non-exempt employees receive overtime pay equal to 1.5 x their regular hourly pay for any hours worked over 40 in a week (overtime). For more specifics about the Federal Law, please see our overtime and wages page.

As discussed on our overtime page many employers try to avoid paying overtime by simply paying their employees a salary, even though the employees are working more than 40 hours in a week. In such cases, the employees are still entitled to the overtime pay if they are non-exempt. The overtime wages are calculated by dividing the weekly salary by 40 (or a bi-monthly salary by 80) to get the regular hourly rate and then multiplying that by 1.5 to get the overtime rate.

Unlike the Federal law, the Wisconsin overtime law provides that an employee can seek unpaid overtime for up to 2 years. The Federal overtime law allows for 3 years if an employee can prove that the employer withheld overtime pay willfully and intentionally.

Another difference between the overtime pay law in Wisconsin and the Federal Law is the penalties for unpaid overtime. The Wisconsin overtime law provides that if your attorney files it with the Department of workforce development and the Department completes its investigation before your overtime lawyer files it in court, the employer may have to pay you an additional penalty of up to the same amount. If your overtime lawyer files directly in court, or files it in court before the Department completes its investigation, the employer may have to pay you an additional penalty of up to half the same amount.

Unlike the Federal law, the Wisconsin overtime law provides that an employee can seek unpaid overtime for up to 2 years. The Federal overtime law allows for 3 years if an employee can prove that the employer withheld overtime pay willfully and intentionally.

Another difference between the overtime pay law in Wisconsin and the Federal Law is the penalties for unpaid overtime. The Wisconsin overtime law provides that if your attorney files it with the Department of workforce development and the Department completes its investigation before your overtime lawyer files it in court, the employer may have to pay you an additional penalty of up to the same amount. If your overtime lawyer files directly in court, or files it in court before the Department completes its investigation, the employer may have to pay you an additional penalty of up to half the same amount.

Your overtime lawyer may therefore choose to file under the Federal overtime law. Please see our overtime page for more information on the Federal overtime law.

Exemptions

The Wisconsin overtime law has the same major exemptions as the Federal overtime law. (An exempt employee is one who is not entitled to overtime pay because of what he does. See our overtime page for more information on Exempt v. Non-Exempt Employees.) Other exempt employees in Wisconsin include: salesmen, truck loaders and drivers, taxi cab drivers, movie theater employees, and funeral home employees, among others. But the fact that a person is exempt under the Wisconsin overtime law does not mean that unpaid overtime cannot be pursued under the Federal Law.

Filing Both Wisconsin and Federal Law Claims

A person can file claims under both the Wisconsin overtime law and the Federal Fair Labor Standards Act at the same time. This may make sense where there are different pieces to the different laws that your overtime lawyer wants to take advantage of. The Federal Court will simply enforce both laws including their differences. For this reason, finding a Wisconsin overtime lawyer or even a Milwaukee overtime lawyer is not required to be able to pursue your unpaid overtime claim.

Wisconsin is divided into two Federal Court Districts. Cases from Eastern Wisconsin (from cities like Appleton, Green Bay, Kenosha, Milwaukee, Oshkosh, Racine, Sheboygan, Wauwatosa, and West Allis, Wisconsin) would proceed in Federal Court in Green Bay, Wisconsin or Milwaukee, Wisconsin. Cases from Western Wisconsin (from cities like Eu Claire, Janesville, La Crosse, and Madison, Wisconsin) would proceed in Federal Court in Madison, Wisconsin.

Retaliation

It is also illegal for an employer to retaliate against an employee for asking for his overtime pay, for contacting an attorney, or even filing a claim. If you complain of not receiving overtime pay and your employer fires you, you have a claim for retaliation. This is a separate violation of the law and you should definitely consult a Chicago Wisconsin overtime lawyer.

If you have been paid a salary when you should not be, if you have not been paid overtime, or have only been paid your regular wage for overtime hours, you may be entitled to more money. The overtime and wage laws are very complex, but the overtime lawyers at Maduff & Maduff understand them and we can help you get your unpaid overtime.