Wisconsin Wage and Hour Law Overview
State and federal wage and hour law require employers to pay employees a minimum wage, overtime, offer rest periods, limit how many hours employees may be required to work, among other such requirements. Such laws also prohibit child labor, require employers to maintain certain records, require employers to pay employees for all hours “worked,” among other such requirements. These laws include (without limitation) Wisconsin wage and hour law, the Fair Labor Standards Act (“FLSA”) and others.
Wage and hour law in Wisconsin governs the minimum standards for how employees must be paid, including minimum wage, overtime, hours worked, and meal/rest breaks. These laws are enforced by both the Wisconsin Department of Workforce Development (DWD) and the U.S. Department of Labor under the FLSA. Key aspects of wage and hour law in Wisconsin include Minimum Wage, Overtime Pay, Hours Worked, Meal and Rest Breaks, Youth Employment, Payday Requirements, and how and where to file a Complaint.
Unpaid Overtime Claims
One of the most common wage and hour violations are unpaid overtime claims. Unpaid overtime claims are legal complaints made by employees who believe they have not been properly compensated for overtime work, as required by labor laws. An unpaid overtime claim can arises when (i) An employee works more than the legally defined regular hours, (ii) The employer fails to pay the required overtime rate, or (iii) The employee files a complaint with a labor board or sues in court to recover the unpaid wages. Common Causes for overtime violations include (i) Employers misclassifying employees as exempt from overtime (e.g., labeling a worker as salaried or a contractor), (ii) Employers failing to pay employees for off-the-clock work, and (iii) Employers failure to maintain proper records.
Minimum Wage Violations
Another common wage and hour violation is an employer’s failure to follow minimum wage law. Minimum wage violations occur when an employer fails to follow state wage laws. Employers must pay employees at a rate no less than the minimum wage for all hours worked, including all time spent training, time in meetings, set up time, clean up time, workday travel, meal and rest time, etc. Employers are also forbidden from making deductions from employees’ pay that has the effect of reducing their wage rate below the minimum wage.
Final Paycheck Requirements
If you quit or were fired, your employer must pay you no later than the date you would normally be paid under their usual payroll cycle, and in no case more than 30 days after your last day worked. In situations like a business closure, sale, merger, or relocation, your final wages are due within 24 hours of separation. Your final paycheck should include all earned wages up to your last day, all your earned but unused sick time, vacation time and/or PTO. In the event your employer fails to timely pay you your last paycheck, you can file a claim with the Wisconsin Department of Workforce Development. Your employer may be liable for the full amount owed to you, plus other potential penalties, including attorney’s fees.
If your employer has failed to properly compensate you, requires you to work excessive hours, or otherwise violated state and/or federal wage and hour law, contact Kuhn Law for a full evaluation of your circumstances and explanation of the legal options available to you.
Kuhn law represents labor unions, with an emphasis on public sector first responder unions.
If you’re a labor representative or union organization in need of experienced legal counsel contact Kuhn Law today for a consultation and get the guidance and clarity you need.
"Work defines so much of who we are, and when those rights are threatened, I step in. I believe in fairness, dignity, and the power of the law to protect those who need it most."
Martin Kuhn