Wisconsin FLSA Laws: Your Guide to Compliance
Protect Your Business with Wisconsin-Specific FLSA Auditing
Minimum Wage in Wisconsin
- Federal FLSA: $7.25/hour.
- Wisconsin Law: $7.25/hour (non-tipped), matching federal rate (Wisconsin Statutes § 104.035). Tipped employees: $2.33/hour with a $4.92 tip credit. No state increases planned.
- What You Need to Know: Federal rate applies—errors in tip credits or exemptions can lead to double damages and fines.
Overtime Pay
- Federal FLSA: 1.5x regular rate for hours over 40/week.
- Wisconsin Specifics: Matches federal 40-hour rule. Overtime based on $7.25/hour ($10.88/hour in 2025). State law aligns with FLSA, no additional requirements (Wisconsin Statutes § 103.02).
- Risk: Misclassifications or unpaid overtime can trigger DOL or state penalties.
Child Labor
- Wisconsin Rules: Minors under 14 restricted to limited roles; 14–15 capped at 3 hours/school day, 8 hours/non-school day; 16–17 barred from hazardous jobs. Work permits required under 18 (Wisconsin Statutes § 103.67).
- Federal FLSA: Aligns, but Wisconsin’s permit rule is stricter—state law applies.
Recordkeeping
- Federal FLSA: 3-year retention of payroll and hours records.
- Wisconsin Addition: 3 years minimum, with detailed pay stubs required showing hours, wages, and deductions (Wisconsin Statutes § 103.13).
Enforcement & Penalties
- Federal: DOL penalties, back wages, up to $1.2M average for violations.
- Wisconsin: Double damages for unpaid wages, fines up to $500 per violation, enforced by WI DWD (Wisconsin Statutes § 109.11).
Why It Matters for Your Business
- CFOs and Managers: Wisconsin’s $7.25 minimum wage and reliance on FLSA increase federal compliance risks. A payroll misstep—like misclassified employees—could cost thousands in fines or lawsuits.
- Avoid Costly Mistakes: Stay compliant with expert FLSA auditing tailored to Wisconsin laws.
Schedule Your Wisconsin FLSA Audit Today
