Wisconsin employment laws follow a balanced approach that aligns closely with federal standards while adding distinct state-based protections. Employers must navigate key requirements around discrimination, final pay, non-compete agreements, and mass layoff notifications, all within a framework emphasizing consistency and legal clarity.
When it comes to talent and workforce management, Wisconsin-based employers need to comply with the following state employment laws:
The below information was last updated May 7, 2025. It is not intended as legal advice. Also, unless otherwise noted below, the following laws predominantly apply to the private sector.
A subset of employment law, labor law focuses on the relationships between employers, employees, and labor unions, particularly in the context of collective bargaining and workplace rights.
Central to US labor law is the National Labor Relations Act (NLRA), which protects employees’ rights to organize, join unions, and negotiate working conditions while restricting unfair labor practices. Still, states can enact additional laws, such as Right-to-Work statutes, that influence union membership and dues requirements.
Right-to-work states prohibit employers from requiring union membership or dues as a condition of employment (a.k.a. union security agreements).
Wisconsin is one of 26 states that currently have right-to-work laws.
Employment law governs the individual rights of employees and their professional relationship with their employers, such as working hours, fair wages, anti-discrimination protections, and workplace safety.
| Wisconsin Minimum Wage | The state of Wisconsin mirrors the federal minimum wage rate of $7.25 but has a slightly higher tipped minimum wage rate of $2.33 for employees who earn tips with their base pay. Note: Wisconsin also has exceptions for opportunity employees. |
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Wisconsin Overtime Pay Laws |
Overtime pay in Wisconsin is calculated at one-and-a-half times the minimum wage for all hours worked over 40 in a workweek. |
| Wisconsin Pay Equity Law |
Under the Wisconsin Fair Employment Act, no employer in the state may discriminate based on a protected class in:
Protected classes are age, arrest and/or conviction record, ancestry/color/national origin/race, creed, disability, genetic testing, honesty testing, marital status, military service, pregnancy or childbirth, sex, sexual orientation, and use or nonuse of lawful products off the employer’s premises during nonworking hours. |
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Wisconsin Pay Transparency Law |
Wisconsin currently has no pay transparency laws or regulations. |
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Wisconsin Final Paycheck Law |
In Wisconsin, employees who voluntarily resign from a job or are involuntarily terminated must receive their final paycheck by the next regular payday. |
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Wisconsin PTO Payout Laws |
Wisconsin currently has no PTO payout laws or regulations, as it bases such decisions on an employer's policy. It also has no regulations regarding the use of "use-it-or-lose-it" policies. |
| Wisconsin Paid Sick Leave (PSL) | Wisconsin currently has no paid sick leave laws or regulations. |
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Wisconsin Paid Family and Medical Leave (PFML) |
Wisconsin currently has no PFML laws or regulations. Although, employers with 50 or more employees must still comply with the federal Family and Medical Leave Act (FMLA), which provides eligible employees with up to 12 weeks of unpaid leave every 12 months for various reasons. |
| Wisconsin Maternity Leave | Wisconsin doesn't have a maternity leave law, as this type of leave is an employer-provided benefit. As the state also doesn’t have a mandated PFML program, employees must instead use FMLA leave or another type of employer-provided leave. |
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Wisconsin Voting Leave Law |
Wisconsin currently has no voting leave laws or regulations. |
All states must comply with federal health and safety standards overseen by the Occupational Safety and Health Administration (OSHA).
While some states adopt additional health and safety regulations, Wisconsin is an "OSHA plan" state, meaning it defers to OSHA's requirements when addressing health and safety matters, such as having an emergency action plan or providing medical and first aid supplies.
Wisconsin currently has no work break laws or regulations.
As described by the Wisconsin Fair Employment Act and enforced by the Wisconsin Department of Workforce Development, employers in Wisconsin are prohibited from discriminating against employees based on:
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Wisconsin also requires employers to comply with specific anti-harassment mandates, also outlined in the Wisconsin Fair Employment Act. Employers are, for example, responsible for harassment between co-workers if the employer or its agents knew or should have known of the conduct and failed to take immediate and appropriate corrective action.
Wisconsin doesn't, however, require employees to complete any harassment or discrimination training courses.
| Wisconsin Non-Compete Agreement Laws | Wisconsin law generally permits employer use of non-compete agreements. |
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Wisconsin Retirement Plan Laws |
Wisconsin currently has no mandatory retirement plan laws or regulations. |
| Wisconsin Layoff Laws | As regulated by the state’s Department of Workforce Development, the Wisconsin Business Closing and Mass Layoff (WBCML) law requires employers to provide a notice of mass layoff triggering that differs from the Federal WARN Act. |
This information is provided as a courtesy and may be updated at any time. It is not intended as legal guidance. If you have questions or concerns, we encourage you to seek the advice of a qualified employment or labor attorney or advisor.
Between constantly changing employment laws and updates to the Affordable Care Act (ACA), keeping your workplace compliant can be a time-consuming and costly challenge. Eliminate the stress and stay up to date with our Compliance Dashboard. View compliance alerts and get a bird’s eye view of what you need to do to avoid fines and penalties.
