Wisconsin HR laws for employers (2026)
The Wisconsin rules employers ask about most: minimum wage, overtime, final pay, unused vacation, paid sick leave and breaks.
Wisconsin employment law at a glance
| Minimum wage | $7.25 per hour (federal minimum applies) |
|---|---|
| Tipped cash wage | $2.33 per hour |
| Overtime | No daily overtime. Time-and-a-half is required after 40 hours in a workweek, as under federal law. |
| Final pay when fired | By the next regular payday (or within 31 days, if that is earlier). |
| Final pay when an employee quits | By the next regular payday (or within 31 days, if that is earlier), with or without notice. |
| Unused vacation / PTO at separation | Not required by statute. Vacation pay owed under the employer's policy or contract counts as wages. Forfeiture is generally enforceable only under a written policy. Verify |
| Paid sick leave | No statewide mandate. State law (2011 Act 16) preempts local paid sick leave ordinances. Verify |
| Meal breaks | No requirement for adults (18+), though a 30-minute meal period is recommended. Minors must get a 30-minute meal period per 6 hours. Breaks under 30 minutes must be paid. |
| Rest breaks | No state requirement. Short breaks that are given must be paid. |
Minimum wage note: $7.25/hour, the same as the federal rate, since July 24, 2009. Workers under 20 may be paid an opportunity wage of $5.90/hour for their first 90 consecutive days. No 2027 increase has been announced, and no cities have higher local rates.
Verify means we could not confirm that item from an official Wisconsin or US Department of Labor source, so check it with the state before relying on it.
Other Wisconsin rules to know
- Wisconsin Family and Medical Leave Act (50+ employees): up to 6 weeks of birth/adoption leave, 2 weeks of family care leave and 2 weeks of the employee's own medical leave per 12 months, after 52 weeks and 1,000 hours of work.
- Most employees must be paid at least monthly, with no more than 31 days between pay periods.
Free Wisconsin HR forms
Have a Wisconsin HR question?
Ask the AskHrAI assistant and get an answer grounded in state and federal rules.
Frequently asked questions
What is the minimum wage in Wisconsin in 2026?
$7.25 per hour (federal minimum applies), effective July 24, 2009. $7.25/hour, the same as the federal rate, since July 24, 2009. Workers under 20 may be paid an opportunity wage of $5.90/hour for their first 90 consecutive days. No 2027 increase has been announced, and no cities have higher local rates.
When is a final paycheck due in Wisconsin?
If the employer ends employment: By the next regular payday (or within 31 days, if that is earlier). If the employee quits: By the next regular payday (or within 31 days, if that is earlier), with or without notice.
Does Wisconsin require paying out unused vacation?
Not required by statute. Vacation pay owed under the employer's policy or contract counts as wages. Forfeiture is generally enforceable only under a written policy.
Is paid sick leave required in Wisconsin?
No statewide mandate. State law (2011 Act 16) preempts local paid sick leave ordinances.
Sources
- Wisconsin DWD: Minimum Wage
- Wisconsin DWD: Breaks and Meal Periods
- Wis. Stat. §109.03 (payment of wages, final pay)
- Wis. Stat. §103.10 (Wisconsin FMLA)
- 2011 Wisconsin Act 16 (local leave preemption)
- US DOL: State Minimum Wage Laws (updated July 1, 2026)
- US DOL: Minimum Wages for Tipped Employees (July 1, 2026)
- US DOL: Payday Requirements
- Hurley Burish: Unused vacation payout in Wisconsin (secondary)
HR laws in other states
This page is general information for employers, not legal advice. Employment laws change and can vary by city and county. Confirm details with the state labor department or an employment attorney. Read our disclaimer.