Working more than 40 hours in a single week is exhausting. And by the time you receive your paycheck, you want to make sure you’re properly compensated for the time you work. The Fair Labor Standards Act or FLSA is a federal law that requires employers to pay their employees 1.5 times their standard rate of pay for every hour over 40 worked in a single workweek if they are eligible. These laws are complex, but it pays to know if you’re being compensated by your employer properly and what to do if you’re not.
Overtime Law Summary for Wisconsin
Below Is an Outline of Critical Wisconsin Overtime Law Components.
State/Federal Statutes
Wisconsin State Overtime Law Statutes § 103.025
Fair Labor Standards Act of 1938 (FLSA)
Methods for Overtime Calculation:
Hourly Employees: 1.5 x Normal pay rate for all hours above 40 in a single workweek.
Hourly Employees with Plus Bonus and/or Commission: To determine the regular rate, take the total hours worked multiplied by the hourly rate, then add the workweek bonus/commission. Next, divide by the total hours in a single workweek. Finally, pay half of the adjusted rate for every hour of overtime.
Salary Employees: To determine the regular rate, take the salary and divide by the number of hours the salary is supposed to cover.
Add the regular rate for each hour up to 40 hours if the hours total less than 40. For all hours after 40, 1.5 x the regular rate.
Pay 1.5 x the regular rate for each hour over if the total hours worked is above 40.
Wage Complaint Filing Process
File a Complaint to the U.S. Dept. of Labor
File a Wage Complaint Form with the Wisconsin Department of Workforce Development
Wage Complaint Filing Process
File a Complaint to the U.S. Dept. of Labor
File a Wage Complaint Form with the Wisconsin Dept. of Labor
Note: New legislation, high court rulings (federal court decisions included), ballot initiatives, and other influences can change state laws. Please refer to a qualified attorney or complete your own research to verify the laws in your state to ensure accuracy.
Wisconsin Overtime Laws
Overtime applies to the following businesses according to the Wisconsin Department of Workforce Development:
Beauty Parlors
Express and Transportation Firms
Factories
Laundries
Mechanical Establishments (occupations requiring manual or mechanical skill)
Mercantile Businesses (any business pertaining to merchants or trade)
Restaurant, Hotel, Motel, and Resorts
Retail and Wholesale Businesses
Telegraph Offices and Telephone Exchanges
There are several other categories of employees where the Wisconsin overtime laws apply. Employees who work in a business, an industry, or an occupation where they:
Interact between people/businesses to buy and sell products/services
AND, in these business interactions, exchange goods between parties
Overtime Employees Who Are Minors
When school is not in session, minors aged 16 and 17 can work more than 8 hours a day and more than 40 hours a week in Wisconsin. However, they cannot work more than 50 hours a week unless it’s during peak agriculture season. If this is the case, then employees aged 14 – 17 can work over 50 hours in a week as long as school is not in session.
Employment Categories Exempt from Overtime
These are the fields of employees exempt from overtime pay in Wisconsin
Agriculture/farming (according to Wisconsin law)
Domestic Workers (private home)
Federal agencies
Several non-profit organizations (various)
Sources for More Information
Official State Codes
State Overtime & Minimum Wage Laws
Wisconsin Employment Laws
Wisconsin State Laws
If You Have Been Denied Overtime, Seek Legal Advice Immediately
State and federal laws concerning overtime pay are complex and are subject to change. It always helps to have a professional there to help. If you feel that you or someone you care about has not been properly compensated, then please get in touch with the Lemberg Law legal team today. Complete our form for a FREE case evaluation, or call 475-277-2200 NOW. You may be entitled to compensation for damages, injuries, or lost wages for federal and state wage law violations.
About the Author:
Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions. He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."
