Wisconsin Overtime Laws: For any hours beyond 40 in a single work week—defined by the Fair Labour Standards Act as any seven consecutive workdays—the majority of hourly employees in Wisconsin are entitled to a special overtime pay rate.
Wisconsin does not have a daily overtime cap, in contrast to several jurisdictions where employees who work more than a specific number of hours in a single day are entitled to overtime pay.
The Overtime Minimum Wage in Wisconsin
One and a half times an employee’s regular hourly rate is overtime pay, sometimes known as “time and a half pay”. Consequently, the overtime minimum pay in Wisconsin is $10.88 per hour, which is 1.5 times the state’s standard minimum wage of $7.25 per hour. You are entitled to receive at least 1.5 times your usual hourly wage for any overtime performed if your income exceeds the Wisconsin minimum wage rate.
Conditions for Overtime Pay
In Wisconsin, most workers who put in more than 40 hours in a workweek are eligible for overtime compensation. The employee’s overtime compensation must be at least 1.5 times their base wage.
Certain employees are excluded from the need for overtime, including salaried executives, administrative staff, and professional personnel. Workers must make at least $35,568 a year, or $684 a week, in order to be exempt.
According to state law, Wisconsin public sector employees are also entitled to overtime compensation.
Generally speaking, a workweek consists of seven days in a row, and overtime is determined by the number of hours worked over that period.
Wisconsin’s Overtime Exemptions and Exceptions
In Wisconsin, an employee may not be required to work overtime if their compensation falls below one of the following thresholds:
- For public servants: $35,568 per year or $684 per week
- Executives and administrative staff: $36,400 per year, or $700 per week
- Professionals: $39,000 per year or $750 per week
The following occupations are exempt from overtime requirements under Wisconsin law:
- Workers in agriculture
- Some executives, professionals, and administrators
- Some commission-based staff and outside sales representatives Taxicab drivers
- Some motor carrier personnel that fall under the federal transportation requirements
- Motor car dealers’ salespeople, parts personnel, and mechanics; movie theatre staff
- Employees of independent contractors;
- home newspaper delivery or direct retail sales; hospital staff; funeral home staff;
- crop dusters;
- poultry inspectors;
- drivers and drivers’ assistants who conduct local deliveries;
- and real estate agents or
- salespeople with no commission.
Additionally, an employer cannot force a worker to labour for any amount of time that would be “dangerous to their welfare” in Wisconsin due to an overtime regulation.
Overtime Law for Minors (Wisconsin Overtime Laws)
When school is not in session, minors 16 and 17 years old are permitted to work up to 8 hours per day or 40 hours per week. In addition to not working more than 50 hours per week, they must be paid 1.5 times the standard rate of pay for any hours over 10 hours per day or 40 hours per week. This provision is subject to an exception, which allows minors between the ages of 14 and 17 to work in agriculture for more than 50 hours per week during busy times.