WI · state labor law, 2026
Wisconsin labor laws: minimum wage, overtime, leave, final pay and breaks
Wisconsin writes its own minimum wage at the federal level, sets a tipped cash wage above the federal one and keeps a family leave law that runs beside the federal FMLA.
Wisconsin and federal rules checked on official sources on · Checked by Radif Partners · How we calculate
- Minimum wage now
- $7.25/h
- statewide
- Next change
- none announced
- checked October 11, 2026
- Tipped cash wage
- $2.33/h
- tips must make up the rest
- Overtime
- 40 h/week
- state law
- Paid sick leave
- no state law
- employer policy
- Paid family leave
- no program
- FMLA is unpaid
Wisconsin's minimum wage is $7.25 an hour in 2026, set by the state itself rather than borrowed from federal law, and tipped employees must receive a cash wage of at least $2.33 an hour, above the federal $2.13, with tips bringing the average to $7.25 over the pay period. Full time at the minimum pays $15,080 a year. New employees under 20 can be paid an opportunity wage of $5.90 for their first 90 consecutive days. Overtime is time and a half after 40 hours in a workweek, with no daily rule. There is no state paid sick leave or paid family leave, but the Wisconsin Family and Medical Leave Act gives unpaid, job-protected time at employers with 50 or more permanent employees: up to six weeks for a birth or adoption, two weeks to care for a parent, child or spouse, and two weeks for your own serious health condition each year. Adults have no break requirement, though short breaks must be paid.
Gross pay for this week in Wisconsin
$290
Time and a half after 40 hours in a week
| Minimum wage in Wisconsin now | $7.25 an hour |
| Your rate against it | At or above the minimum |
| Overtime: none this week | $0 |
| Paid sick leave earned in a year | No statewide paid sick leave law |
| Breaks owed in a 8-hour shift | None for adults (minors only) |
| Final paycheck if fired | on the employer's regular pay schedule (next regular payday) |
| Unused vacation at the end | Paid out if the employer policy or contract says so |
| Paid family leave | No state program |
40 hours a week at $7.25. State rule applied. Minimum wage, overtime and leave rules have exceptions by employer size and industry. How this is calculated.
A state family leave law beside the FMLA
Wisconsin has its own family and medical leave statute for private employers, and it works differently from the federal one. It applies to employers with 50 or more permanent employees, and an employee qualifies after 52 consecutive weeks of employment and at least 1,000 hours of work, a lower hours bar than the 1,250 hours the federal FMLA asks for. The weeks are split by reason within a calendar year: up to six for the birth or adoption of a child, up to two to care for a parent, child or spouse with a serious health condition, and up to two for your own. The federal law offers more weeks, 12 in total, and the two run at the same time when both apply. The state law still matters in two places. A worker with 1,100 hours who would fail the federal test can qualify under Wisconsin law, and care for a parent-in-law is covered, which the FMLA does not include. The Department of Workforce Development explains the rules on its family and medical leave page.
Tipped pay starts at $2.33
Wisconsin requires a higher base for tipped work than the federal minimum. A server must receive at least $2.33 an hour from the employer, and if that wage plus tips does not average $7.25 over the pay period, the employer pays the difference. On a slow shift with $4 an hour in tips, the server reaches $6.33, so the employer owes $0.92 for each hour, or $28 over a 30-hour week. The averaging is over the whole pay period, so a busy Saturday can offset a quiet Tuesday. Tipped employees under 20 in their first 90 days fall to an opportunity cash wage of $2.13.
Do your tips cover the minimum wage?
Employer top-up owed per hour
$0.92
| Cash wage | $2.33 |
| Cash wage + tips | $6.33 |
| Minimum wage in Wisconsin | $7.25 |
| Top-up over a 30-hour week | $28 |
Opportunity wage and golf caddies
Employers may pay $5.90 an hour to a worker under 20 during the first 90 consecutive calendar days on the job. Over that window, a teenager working 25 hours a week earns about $434 less than at the full rate. Golf caddies have flat amounts per round instead of an hourly rate: $5.90 for 9 holes and $10.50 for 18. The Department of Workforce Development lists both on its minimum wage page, next to the tipped rates.
Breaks, vacation and the last paycheck
Adults in Wisconsin have no right to a break or meal period. What the law does regulate is pay for breaks that are given: any break shorter than 30 consecutive minutes counts as work time and must be paid, and a longer one must be paid too if you are not relieved of duty and free to leave. Workers under 18 must receive a 30-minute duty-free meal period for every six consecutive hours. Employers do not have to offer vacation, holiday or sick pay, but the vacation rule has a twist: when an employer has a written vacation policy and no written forfeiture clause, earned and unused vacation must be paid out. Whether you quit or are fired, final wages follow the regular pay schedule. Employment is at will, and the Equal Rights Division handles wage claims. PTO payout rules in other states vary from mandatory to silent.
Is your unused PTO paid out?
Wisconsin: payout
Depends on the written policy
| Value of the balance | $880 |
| When it is due | on the employer's regular pay schedule (next regular payday) |
Wisconsin employment rules at a glance, 2026
Minimum wage schedule
| From | Who it covers | Rate | Note |
|---|---|---|---|
| January 1, 2026 | Statewide | $7.25 | Opportunity wage $5.90 for workers under 20 during their first 90 consecutive days |
Workers covered by both laws get the higher rate. Opportunity wage: $5.90 per hour for employees under 20 for their first 90 consecutive calendar days (tipped opportunity employee $2.13). Golf caddies: $5.90 for 9 holes, $10.50 for 18 holes. Read the Wisconsin rule.
Overtime
Time and a half after 40 hours in a week. The salary test for exempt employees is the federal $684 a week. Time and a half after 40 hours in a workweek; no daily overtime. source
Sick leave and family leave
Wisconsin has no statewide paid sick leave law for private employers; leave depends on the employer's policy or a city ordinance. No state paid sick leave requirement; DWD states employers are not required to provide vacation, holiday or sick pay. source
No state paid family leave insurance: the federal FMLA gives eligible workers up to 12 weeks of unpaid, job-protected leave. Wisconsin Family and Medical Leave Act (unpaid): employers with 50+ permanent employees; employees with 52 consecutive weeks and 1,000 hours. Per year: up to 6 weeks for birth or adoption, 2 weeks to care for a parent, child or spouse, 2 weeks for own serious health condition. Narrower in weeks than the federal FMLA but runs concurrently and covers some different cases (e.g. parents-in-law). source
Final paycheck and unused vacation
Fired or laid off: on the employer's regular pay schedule (next regular payday). Quitting: on the employer's regular pay schedule (next regular payday). Vacation: Depends on the employer's vacation or resignation policy; if there is a written vacation policy without a written forfeiture clause, earned unused vacation must be paid.. source vacation rule
Meal and rest breaks
No meal break is required for adults by state law. No paid rest break is required for adults. Under 18: a 30-minute duty-free meal period for every six consecutive hours of work. For adults, DWD only recommends a 30-minute meal break. Breaks under 30 minutes must be paid. source
Unions and dismissal
Employment is at will: either side may end it at any time, except for an illegal reason such as discrimination or retaliation, or against a contract.
Also worth knowing in Wisconsin
- Short breaks (under 30 consecutive minutes) count as paid work time, and longer breaks must be paid if the employee is not relieved of duties and free to leave. source
- Wisconsin's own family leave law lets an employee take up to 2 weeks a year to care for a parent (including a parent-in-law), child or spouse. source