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Topic guideUpdated 2026-02-27

Wisconsin Wage & Hour Claims — Minimum Wage, Overtime & Unpaid Wages

Minimum wage, overtime rules, wage payment requirements, and how to file a wage claim in Wisconsin.

Wisconsin has specific laws governing minimum wage, overtime, and the payment of wages §109.03; §103.457.

Minimum Wage

$7.25/hr (matches federal minimum wage rate) §104.035.

Overtime

Wisconsin has its own overtime law: under Wis. Stat. § 103.02 and Wis. Admin. Code § DWD 274.03, covered employees must be paid time and one-half the regular rate for all hours worked in excess of 40 hours per week, subject to state exemptions in DWD 274.04; the federal FLSA may separately require overtime for occupations exempted by state law, so both must be checked; state Wage Payment and Collection Laws provide separate protections §103.02.

Wage Payment Requirements

Most employers must pay all wages earned at least monthly, covering wages earned to a day not more than 31 days before the date of payment; logging and farm labor employees must be paid at least quarterly, and other statutory exceptions apply (e.g., employees under a collective bargaining agreement setting a different frequency); an employee not paid at the time fixed for payment must be paid upon 6 days' demand; employers must state clearly on the paycheck, pay envelope, or accompanying paper the amount of and reason for each deduction (Wis. Admin. Code DWD 272.10 also requires the number of hours worked and the rate of pay) §109.03; §103.457.

Final Paycheck Rules

Final wages due on the next regular payday following separation; if employer fails to pay, employee may file a claim with the Equal Rights Division §109.03; §103.457.

Common Wage Violations

1
Failure to pay minimum wage
2
Unpaid overtime or misclassification of exempt/non-exempt status
3
Unauthorized deductions from wages
4
Failure to pay final wages on time
5
Misclassification of employees as independent contractors
6
Off-the-clock work requirements

How to File a Wage Claim

1
Gather documentation: pay stubs, time records, employment contract, and written communications about pay
2
File a complaint with the Wisconsin Equal Rights Division (ERD), Department of Workforce Development or the U.S. Department of Labor
3
Consider whether your claim falls under state law, the FLSA, or both
4
Consult with an employment attorney for complex claims or class actions
⚠The Statute of limitations for wage claims is typically 2 years under the FLSA (3 years for willful violations). State deadlines may differ.
✓Keep your own records of hours worked, especially if your employer does not provide accurate time records. Personal logs and calendars can be powerful evidence.
Prepare for Your Consultation
Quick checklist (Employment Law)
Gather these before your first consultation.
Employment records
(pay stubs, contracts, offer letters)
Communication evidence
(emails, texts, performance reviews)
Witness information
(coworkers who can corroborate)
General preparation tips only. Specific needs depend on your state and employment situation.
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Frequently Asked Questions

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Wisconsin Employment Law Guide — Workplace Rights & Protections
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Wisconsin Employment Contracts & Non-Competes
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Legal authoritiesStatutes referenced on this page
Wis. Stat. § 104.035
Minimum Wage
$7.25/hr (matches federal minimum wage rate).
  • $7.25/hr (matches federal minimum wage rate)
View →
Verified 2026-09-24 · quarterly review
Wis. Stat. § 103.02
Overtime Rules
Wisconsin has its own overtime law: under Wis. Stat. § 103.02 and Wis. Admin. Code § DWD 274.03, covered employees must be paid time and one-half the regular rate for all hours worked in excess of 40 hours per week, subject to state exemptions in DWD 274.04; the federal FLSA may separately require overtime for occupations exempted by state law, so both must be checked; state Wage Payment and Collection Laws provide separate protections.
View →
Verified 2026-09-28 · quarterly review
Wis. Stat. § 109.03; 103.457
Wage Payment / Final Paycheck
Most employers must pay all wages earned at least monthly, covering wages earned to a day not more than 31 days before the date of payment; logging and farm labor employees must be paid at least quarterly, and other statutory exceptions apply (e.g., employees under a collective bargaining agreement setting a different frequency); an employee not paid at the time fixed for payment must be paid upon 6 days' demand; employers must state clearly on the paycheck, pay envelope, or accompanying paper the amount of and reason for each deduction (Wis. Admin. Code DWD 272.10 also requires the number of hours worked and the rate of pay). Final wages due on the next regular payday following separation; if employer fails to pay, employee may file a claim with the Equal Rights Division.
View →
Verified 2026-09-28 · quarterly review
Read with Wis. Stat. § 109.03: Wis. Stat. § 103.457 ↗
Citations link to official or authoritative sources. Laws change — verify current text before relying on any statute. How we verify citations →