Wisconsin layers its own overtime rules on top of the federal FLSA baseline.
WI
40
hrs
—
—
$7.25
/hr
federal rate
Weekly overtime
Hours over 40 per workweek paid at 1.5×
Daily overtime
Not required by state law
Double time
Not required by state law
7th consecutive day
No special rule
The weekly timesheet automatically applies WI rules.
These categories of employees may be exempt from the overtime requirements above:
01
Executive, administrative, and professional employees
Wisconsin follows federal weekly overtime rules.
(608) 266-3131
https://dwd.wisconsin.gov
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.
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.
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.
If you believe you're owed unpaid overtime, here's what to do — in order.
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
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.
For general education only. Overtime law changes and has exceptions not listed here. For a specific situation, talk to your employer's HR department, the Wisconsin Department of Labor, or an employment attorney.