Understanding Wisconsin Employment and Labor Laws

In the US, labor and employment laws establish the framework for fair and equitable workplaces. They outline the rights and responsibilities of employers, employees, and labor unions, covering areas such as wages, working conditions, health and safety, and termination. Since these laws can vary by state, it's crucial for both employers and employees to know their local requirements. In this article, we’ll cover the key laws in Wisconsin.

Federal vs. state law differences

While federal laws provide a baseline across the United States, Wisconsin has its own set of labor regulations that complement federal laws. Wisconsin's employment laws ensure additional protections, particularly regarding workplace safety and anti-discrimination measures. It is important for both employers and employees to understand how state-specific regulations may differ from federal laws to maintain compliance.

Employment vs. labor law: what’s the difference?

Employment laws typically cover the rights and responsibilities of individual employees, including wage standards, discrimination protections, and leave policies. Labor laws, on the other hand, focus on the relationship between employers and collective entities like unions, covering collective bargaining, workers' rights to organize, and union management.

Wages and hours in Wisconsin

Wisconsin’s wage and hour laws incorporate both state-specific requirements and federal guidelines to ensure fair compensation for workers.

Minimum wage in Wisconsin

As of now, Wisconsin follows the federal minimum wage rate, which is $7.25 per hour. While there have been discussions about increasing the state minimum wage to better reflect the cost of living, no changes have been implemented yet.

Overtime pay in Wisconsin

Under Wisconsin state law, non-exempt employees must be paid overtime at a rate of one and a half times their regular pay for hours worked over 40 in a workweek. This rule is designed to ensure that employees receive fair compensation for working additional hours.

Pay transparency in Wisconsin

Wisconsin does not have specific state laws regarding pay transparency. However, employers are encouraged to implement fair pay practices and ensure that wage discussions among employees are not prohibited, fostering an environment of trust and equity.

Breaks and rest periods in Wisconsin

Wisconsin law requires employers to provide reasonable breaks for employees under 18 years of age, specifically a 30-minute meal period for every 6 hours worked. While there are no specific state laws mandating breaks for adult employees, employers commonly provide breaks to promote workplace health and productivity.

Leaves of absence in Wisconsin

Wisconsin has its own Family and Medical Leave Act (WFMLA), which allows eligible employees to take unpaid leave for family or medical reasons. This state law runs concurrently with the federal Family and Medical Leave Act (FMLA), providing additional protections to employees.

Pregnancy disability leave

Under the Wisconsin Family and Medical Leave Act, employers must provide leave for pregnancy-related conditions, ensuring that expecting and new mothers have job protection during critical periods.

Paid sick leave

Wisconsin does not have a statewide mandate for paid sick leave. However, employers may offer paid sick leave as part of their employee benefits package, and some local ordinances may have specific requirements.

Jury duty in Wisconsin

Employers in Wisconsin must allow employees to take time off for jury duty. While the state does not require employers to pay employees for this time, it does protect employees from termination or any form of retaliation due to jury service.

Workplace safety in Wisconsin

Wisconsin adheres to both federal OSHA standards and state-specific regulations under the Wisconsin Department of Safety and Professional Services (DSPS). These regulations ensure that employers maintain safe workplaces, provide necessary training, and comply with safety reporting requirements.

Discrimination and harassment laws in Wisconsin

Wisconsin has strong anti-discrimination laws enforced under the Wisconsin Fair Employment Law, which prohibits discrimination based on race, color, sex, national origin, disability, age, religion, sexual orientation, and more. Employers must implement policies to prevent and address discrimination and harassment in the workplace.

Unions in Wisconsin

Wisconsin is a "right-to-work" state, which means employees cannot be required to join a union or pay union dues as a condition of employment. However, employees still retain the right to organize and engage in collective bargaining if they choose.

Stay compliant across the US with Deel PEO

Keeping up to date with the latest state-specific labor and employment laws is a crucial but resource-intensive task for HR and payroll teams. With Deel PEO, you can offload HR and compliance risks and focus on growing your business. Deel’s services include:

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Book a demo to explore Deel’s platform and speak with an expert.