Fair Employment Practices | According to the Wisconsin Fair Employment Act (WFEA), employers are not allowed to mistreat any qualified individual or harass them because of their age, ancestry, creed, color, disability, marital status, military service, national origin, non-participation in religious or political gatherings or communications, race, gender, sexual orientation, or use or abstinence from using legal products while not on the employer's property.
Because a person has complained, testified, or aided in a WFEA proceeding, resisted a discriminatory practice or made a complaint, it is illegal to fire them or treat them differently. |
Access to Personnel Files | Current and former employees shall have the right to review their personnel records upon written request within seven working days of the request, twice per calendar year, at a location reasonably close to the employee's place of employment, during regular business hours or at such other reasonable time as may be suitable. |
Recruiting and Hiring | Wisconsin companies have the right to inquire about applicants' criminal histories, both past and present. An employer has the right to put off hiring someone if a charge is actively pending and directly connected to the position being sought. The employer may decide not to hire the candidate if a conviction has a significant connection to the desired position. |
Minimum Wage | The minimum wage in Wisconsin is $7.25 per hour, which is also the federal minimum wage. Employees who get tips may be paid up to $2.33 per hour if their compensation meets the state minimum wage. |
Overtime | In Wisconsin, nonexempt employees must typically be paid 1.5 times their regular pay rate for any overtime performed more than 40 hours per week. |
Child Labor | According to state law, minors under the age of 18 are not allowed to work in jobs or settings that are deemed hazardous or harmful to a minor's life, health, safety, or welfare or where a minor's employment could be dangerous or harmful to the lives, health, safety, or welfare of other workers or people. Any minor may work in the parent or guardian's business, trade, or profession while directly supervised by the parent or guardian. Furthermore, without a food break of at least 30 minutes, minors cannot labor for longer than six hours straight. |
Payment of Wage | Employers in Wisconsin may pay employees in cash or via cheque. However, if an employer uses time checks or another paper means to pay wages, they must be made payable at a specific location in the county where the job was done, the employer's office (if in Wisconsin), or a Wisconsin bank. |
Wage Deductions | State and federal taxes, FICA withholdings, creditor garnishments under a court order, and child support according to an income withholding order, may all be deducted by an employer from an employee's pay. |
Health Care Continuation | Employers of any size are subject to Wisconsin's health care continuous coverage law. After an employee's work is ended willingly or involuntarily, after the employee passes away, or after the employee's marriage results in divorce or annulment, eligible employees and dependents may choose to continue receiving health insurance coverage. Unlike federal COBRA, Wisconsin law does not specify a maximum length of coverage but rather the conditions under which coverage will stop. |
Family and Medical Leave | According to the Wisconsin Family and Medical Leave Act (WFMLA), companies with 50 or more permanent employees are required to offer eligible workers up to six weeks of leave for childbirth or adoption, two weeks for caring for a parent, child, spouse, or domestic partner who has a severe health condition, and two weeks for the employee's serious health condition. |
Other Time Off Requirements | Several other leave and time off laws must also be complied with by Wisconsin employers in addition to the WFMLA, such as those governing bone marrow and organ donation leave, voting leave, official election leave, military leave, civil Air Patrol leave, emergency responder leave, jury duty leave, witness leave, and day of rest requirements. |
Smoke-Free Workplace | Smoking is forbidden in enclosed workplaces in Wisconsin. An employer must display the necessary signage. |
Weapons in the Workplace | Even if an employee possesses a concealed carry license, the employer may forbid them from bringing guns or other weapons to work or doing their usual tasks. |
Safe Driving Practices | In Wisconsin, it is against the law for any driver to text while driving. Even though not all drivers are prohibited from using cell phones, Wisconsin has laws against inattentive driving that allow the prosecution of drivers whose cell phones caused an accident. Driving a commercial motor vehicle while using a portable mobile phone is forbidden. |
Final Pay | Employees who resign or are fired must get their whole compensation by their following regular payday, except for sales agents who are paid on commission. Upon termination due to a merger, liquidation, stoppage of operations in whole or in part, or relocation of all or a portion of the business, an employee must be paid within 24 hours. |