Wisconsin Overtime Laws
Wisconsin has its own overtime laws in addition to federal FLSA requirements.
Weekly OT Threshold
40 hrs
Daily OT Threshold
None
Double Time
No
Minimum Wage
$7.25
Federal rate
Overtime Rules
| Weekly Overtime | Hours over 40 in a workweek paid at 1.5x |
| Daily Overtime | Not required by state law |
| Double Time | Not required by state law |
| 7th Consecutive Day | No special rule |
Exemptions
The following categories of employees may be exempt from overtime requirements:
Executive, administrative, and professional employees
Important Notes
Wisconsin follows federal weekly overtime rules.
State Labor Department
Wisconsin Economy and Workforce
Wisconsin has a robust manufacturing economy, contributing $73.7 billion to GDP in 2024, making it the largest sector. The state is also a major agricultural producer, with the dairy industry alone generating $116.3 billion annually. Wisconsin leads the nation in cheese production, making 25% of all U.S. cheese.
Industries with Common Overtime
These Wisconsin industries frequently involve overtime work situations:
Manufacturing
Wisconsin ranks second nationally for manufacturing employment at 18.6% of private sector jobs. Industrial machinery, equipment, and production workers frequently work overtime to meet demand and production schedules.
Agriculture and Dairy
Wisconsin's 1,200 licensed cheesemakers and dairy operations employ thousands. Agricultural workers and food processing employees often work extended hours during harvest and peak production seasons.
Healthcare
Healthcare provides 92,930 jobs and is the dominant employer in 56% of Wisconsin's districts. Nurses, medical staff, and caregivers regularly work overtime to maintain patient care.
Tourism and Hospitality
Tourism generated a $25 billion economic impact in 2023, supporting 1 in 21 Wisconsin jobs. Hotel, restaurant, and recreation workers often work overtime during peak travel seasons.
Frequently Asked Questions
Wisconsin law requires employers to pay 1.5 times the regular rate for all hours worked over 40 in a workweek. The state's overtime law applies to most private sector employers. State and local government employees are covered by federal overtime requirements.
Private employers in Wisconsin may offer compensatory time instead of cash overtime pay, but employees must receive 1.5 hours of comp time for each overtime hour worked. Importantly, employees must use their compensatory time within 31 days of when it was earned.
Before filing, you must request wages from your employer and wait six days. Then file a Labor Standards Complaint Form with the Wisconsin Department of Workforce Development online or by mail. You have two years from when wages were earned to file. Contact Madison at 608-266-6860 or Milwaukee at 414-887-4384.
How to File a Wage Claim in Wisconsin
If you believe you are owed overtime pay, follow these steps:
Request the unpaid wages from your employer in writing
Wait at least six days after your wages were due
Complete a Labor Standards Complaint Form from the Wisconsin DWD
Submit the form online or by mail with supporting documentation
The DWD Equal Rights Division will investigate and may recover wages on your behalf
Important Wisconsin Consideration
Wisconsin has a 'One Day of Rest in Seven' law requiring factory and retail employers to provide employees at least 24 consecutive hours of rest in every seven days. However, since 2015, employees can voluntarily waive this requirement in writing. The law has exceptions for dairy workers, bakers, hotel employees, and emergency situations.
Disclaimer: This information is provided for general educational purposes only and should not be considered legal advice. Overtime laws can change and may have exceptions not listed here. For specific situations, consult with your employer's HR department, the state labor department, or an employment attorney.