Wisconsin Employment Laws for Employers

Wisconsin minimum wage for adults is $7.25 per hour. (Wis. Stat. ch. 104 (U.S. DOL WHD state minimum wage table))

“Wisconsin Basic Minimum Rate (per hour): $7.25”

dol.gov · dwd.wisconsin.gov

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Most employers must pay all wages earned at least monthly, with no longer than 31 days between pay periods. (Wis. Stat. ch. 109 (U.S. DOL WHD state payday table, footnote 25))

“25 Wisconsin. Most employers must pay workers all wages earned at least monthly, with no longer than 31 days between pay periods.”

“Chapter 109, Wis. Stats., requires most Wisconsin employers to pay workers all wages earned at least monthly, with no longer than 31 days between pay periods.”

dol.gov · dwd.wisconsin.gov

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No general meal break requirement for employees 18 or older; by regulation the state recommends (does not require) a ½ hour meal period after 6 consecutive hours in factories, mechanical and mercantile establishments and certain service industries. Separate rules apply to minors and to migrant workers. (U.S. DOL WHD table of state meal period requirements (footnote 2, Wisconsin))

“Wisconsin . By regulation, the recommended standard is ½ hour after 6 consecutive hours' work in factories, mechanical and mercantile establishments and certain service industries, to be given reasonably close to usual meal time or near middle of shift.”

“No. If you are 18 years old or older, your employer is not required to give you breaks or meal periods.”

dol.gov · dwd.wisconsin.gov

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No state rest break requirement for employees 18 or older. (U.S. DOL WHD table of state paid rest period requirements (footnote 1; Wisconsin not listed))

“1 States not listed do not require paid rest periods.”

Same official text as quoted above (see the quote; Wisconsin Department of Workforce Development, Breaks and Meal Periods · dwd.wisconsin.gov).

dol.gov · dwd.wisconsin.gov

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Wisconsin law does not require employers to grant sick leave, paid or unpaid (special exceptions under the Wisconsin Family and Medical Leave Law). If an employer creates a sick pay policy, it may set the conditions. (Wisconsin DWD, Wisconsin Civil Rights and Labor Standards Laws)

“Employers are not required by Wisconsin law to grant sick leave to their workers, whether with pay or without. There are special exceptions in the Family and Medical Leave Law.”

“Wisconsin employers are not required to provide fringe benefits such as vacation, holiday, or sick pay. When an employer does decide to create a benefit policy, the employer is free to impose any conditions it chooses.”

dwd.wisconsin.gov · dwd.wisconsin.gov

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Wisconsin recognizes a narrow public policy exception (Brockmeyer v. Dun & Bradstreet): a fired employee has a wrongful discharge claim only when the discharge is contrary to a fundamental and well-defined public policy evidenced by existing constitutional, statutory or administrative law. (Robinette v. Westconsin Credit Union, No. 3:09-cv-00600 (W.D. Wis. Feb. 25, 2010), citing Tatge v. Chambers & Owen, Inc., 219 Wis. 2d 99, 113 (1998) and Brockmeyer v. Dun & Bradstreet, 113 Wis. 2d 561, 572-73 (1983); U.S. Bureau of Labor Statistics, Monthly Labor Review (Jan. 2001), "The employment-at-will doctrine: three major exceptions")

“Wisconsin’s narrow public policy exception to the employment at will doctrine provides that an employee has a cause of action for wrongful discharge when a discharge is contrary to a fundamental and well-defined public policy as evidenced by existing constitutional, statutory or administrative law.”

“The court in Brockmeyer decided to limit the application of the public-policy exception to “fundamental and well-defined public policy as evidenced by existing law””

govinfo.gov · bls.gov

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In Wisconsin a handbook that sets out mandatory discharge procedures can create an employment contract (Ferraro v. Koelsch), but an employee is considered at will unless evidence expressly shows the parties intended to be bound to a different arrangement. (Williams v. Milwaukee Health Services Inc., No. 13-3412 (7th Cir. Apr. 18, 2014), citing Ferraro v. Koelsch, 368 N.W.2d 666, 668 (Wis. 1985); Barkow v. School District of Athens, No. 22-1521 (7th Cir. Oct. 20, 2022), citing Bantz v. Montgomery Ests., Inc., 473 N.W.2d 506 (Wis. Ct. App. 1991) and Ferraro v. Koelsch, 368 N.W.2d 666 (Wis. 1985))

“True, in Wisconsin, a handbook that sets forth mandatory discharge procedures can create an employment relationship.”

“A document containing guidance for an employee, such as a handbook or a performance improvement plan, can modify an at-will employment relationship.”

govinfo.gov · govinfo.gov

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The Wisconsin Supreme Court (Brockmeyer v. Dun & Bradstreet) has refused to impose a duty to terminate in good faith into employment contracts. (Gilsinger v. Cities and Villages Mutual Insurance Co., No. 23-2963 (7th Cir. Aug. 9, 2024), quoting Brockmeyer v. Dun & Bradstreet, 335 N.W.2d 834, 838 (Wis. 1983); Kempfer v. Automated Finishing, Inc., No. 95-0649 (Wis. June 20, 1997), quoting Brockmeyer v. Dun & Bradstreet, 113 Wis. 2d 561, 569 (1983))

“But this claim fails at the threshold, as the Wisconsin Supreme Court has “refuse[d] to impose a duty to terminate in good faith into employment contracts.””

“We refuse to impose a duty to terminate in good faith into employment contracts.”

govinfo.gov · wicourts.gov

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Wisconsin requires every employer covered by the Unemployment Insurance law to display the poster 'Notice to Employees about Applying for Wisconsin Unemployment Benefits' (Form UCB-7-P) in each workplace; employers without a permanent work site regularly used by employees must give each employee an individual copy. The DWD sources do not describe a separate notice to be handed to employees at separation. (Wisconsin UI Employer Handbook (UCB-201-P), Part 2)

“Notice to Employees about Applying for Wisconsin Unemployment Benefits Form UCB-7-P All employers covered by Wisconsin's Unemployment Insurance law are required to prominently display a poster in each workplace.”

“Notice to Employees About Applying for Wisconsin Unemployment Benefits English: UCB-7-P”

dwd.wisconsin.gov · dwd.wisconsin.gov

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