Wisconsin Overtime Laws: Threshold, Rate and Exemptions — Best Proven Guide (2026)

Under Wisconsin overtime laws you earn after 40 hours in a workweek at 1.5 times the regular rate, and no daily overtime in Wisconsin — only the weekly total counts. The minimum wage is $7.25. This guide gives the exact wisconsin overtime laws rule with the date we verified it, the statute, and what to do next.

Rules verified against Wisconsin Department of Workforce Development, Equal Rights Division on 2026-10-08; confirm the current rule with Wisconsin Department of Workforce Development, Equal Rights Division or an attorney before you rely on it.

Wisconsin Overtime Laws: The Rules

After 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in Wisconsin — only the weekly total counts. The overtime rate is one and a half times your regular rate of pay — the regular rate includes non-discretionary bonuses and shift differentials, not just the base wage.

How to Calculate Overtime Under Wisconsin Overtime Laws

Take your total pay for the week, divide by the hours you worked to get the regular rate, and multiply the overtime hours by 1.5 times that rate. A worker paid $7.25 an hour who works 48 hours in a 40-hour state is owed 8 hours at time and a half.

Salary does not mean exempt: a salaried worker below the exemption tests still gets overtime on the hours over the threshold.

Wisconsin Overtime Laws at a Glance

Rules verified against Wisconsin Department of Workforce Development, Equal Rights Division on 2026-10-08; confirm the current rule with Wisconsin Department of Workforce Development, Equal Rights Division or an attorney before you rely on it. The statute row is where to check it yourself.

Who Is Exempt From Wisconsin Overtime Laws

Under DWD 274.04, Wisconsin generally does not require overtime for workers whose main job is executive, administrative or professional work, such as salaried managers who regularly direct two or more employees. Outside sales staff and certain other listed jobs are also exempt. These exemptions follow the federal Fair Labor Standards Act duties and salary-basis tests, so a job title alone does not make someone exempt.

Confirm your job’s status with DWD.

Daily Overtime and Wisconsin Overtime Laws

Wisconsin has no daily overtime rule: a 12-hour day in a 36-hour week earns no premium, because only the weekly total counts. Wisconsin law (Wis. Stat. 103.025) allows comp time in place of overtime pay only for public employers, meaning the state and local governments. Private employers in Wisconsin generally must pay overtime in money, not time off.

Is Overtime Taxed Differently Under Wisconsin Overtime Laws?

No — overtime is ordinary wages and is taxed at the same income-tax rates as the rest of your pay; it can push more of your pay into a higher withholding bracket on one check, but the annual tax rate does not change. For tipped workers, the overtime regular rate is total pay for the week divided by the hours worked.

Total pay here means cash wages plus any tip credit the employer claimed. Tips above the tip credit do not have to be counted, so overtime is generally figured on the full minimum wage, not the lower tipped cash wage.

How to Claim Unpaid Overtime Under Wisconsin Overtime Laws

A Wisconsin worker can file a Labor Standards Complaint (form LS-119) with the Equal Rights Division of the Department of Workforce Development (DWD), either online with a MyWisconsin ID or by mailing a paper form, and attach pay stubs and time records. You may also file instead with the U.S. Department of Labor’s Wage and Hour Division under federal law.

DWD only accepts wages that fall inside the state’s look-back window, which it counts from the date the wages were earned and payable, so most claimants file as soon as they can.

Other Wisconsin Overtime Laws Rules to Know

Wisconsin has no daily overtime. Overtime under DWD 274.03 is based only on hours worked over the weekly limit. Employers may not retaliate against a worker for filing a labor standards complaint. If DWD cannot settle a complaint, it may refer the case to a district attorney, and the worker may then need to pursue it in court.

Frequently Asked Questions

When do I get overtime under Wisconsin overtime laws?

After 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in Wisconsin — only the weekly total counts.

What is the overtime rate in Wisconsin?

One and a half times your regular rate of pay, which includes non-discretionary bonuses and shift pay.

Does Wisconsin have daily overtime?

No daily overtime in wisconsin — only the weekly total counts.

Can my employer give comp time instead of overtime pay in Wisconsin?

Wisconsin law (Wis. Stat.

How do I claim unpaid overtime in Wisconsin?

A Wisconsin worker can file a Labor Standards Complaint (form LS-119) with the Equal Rights Division of the Department of Workforce Development (DWD), either online with a MyWisconsin ID or by mailing a paper form, and attach pay stubs and time records.

Official Wisconsin Sources & Resources

• Wisconsin Department of Workforce Development, Equal Rights Division: https://dwd.wisconsin.gov/er/laborstandards/
• Wisconsin statute: https://docs.legis.wisconsin.gov/code/admin_code/dwd/270_279/274
• Verified source: https://www.dol.gov/agencies/whd/minimum-wage/state
• U.S. Department of Labor, Wage and Hour Division — state payday requirements: dol.gov

This wisconsin overtime laws guide was last verified against official Wisconsin sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.

More Wisconsin Workplace Rights Guides

• Wisconsin Break Laws: Meal and Rest Breaks
• Wisconsin Final Paycheck Law: Deadlines and Penalties
• Wisconsin Labor Laws: Every Rule in One Place
• Wisconsin Unemployment Benefits: How Much and How Long
• Unemployment and Workplace Rights Guides for All 50 States

Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.