Wisconsin overtime law

Who is exempt

Certain executive, administrative and professional staff, outside and commissioned sales staff, farm workers, taxi drivers, some motor carrier workers, vehicle dealer sales and service staff, and movie theater workers. Source: dwd.wisconsin.gov↗ (opens in a new tab)

Comp time instead of overtime

Wisconsin rules let comp time be used within 31 days, but federal law generally bars comp time instead of overtime pay for private employers it covers. Source: dwd.wisconsin.gov↗ (opens in a new tab) Source: dol.gov↗ (opens in a new tab)

Industry-specific rules

Computer workers paid hourly are exempt from state overtime only if paid at least $27.63 an hour. Source: dwd.wisconsin.gov↗ (opens in a new tab)

Penalties

Unpaid wages are owed; a court may add up to 100% extra wages. Bad-faith withholding can bring a $500 fine and up to 90 days in jail. Source: dwd.wisconsin.gov↗ (opens in a new tab)

The law and where to check

The law: Wis. Stat. § 103.02; Wis. Admin. Code ch. DWD 274 (opens in a new tab)

The agency: Wisconsin Department of Workforce Development, Equal Rights Division, Labor Standards (opens in a new tab)

What federal law says

The federal Fair Labor Standards Act (FLSA) requires 1.5 times the regular rate for hours over 40 in a workweek for non-exempt employees. Federal law has no daily overtime. The federal salary level for most exempt staff is $684 a week. Where state and federal rules differ, follow the rule that gives the employee more. Source: U.S. Department of Labor↗ (opens in a new tab) Source: U.S. DOL — salary levels↗ (opens in a new tab)

Free tool: work out overtime pay with our State Overtime Calculator.

Overtime checklist for Wisconsin employers

A simple order of work, based on the rules above. It is not a legal checklist.

1. Decide which employees are non-exempt, and check exempt staff meet the salary and duties tests.
2. Set your workweek (a fixed, repeating 7-day period).
3. Track all hours worked, including daily hours if your state has daily overtime.
4. Pay overtime at 1.5 times the regular rate, including bonuses where required.
5. Use our free State Overtime Calculator to check the numbers.
6. Keep time and pay records.

More Wisconsin employment law guides

• All Wisconsin employment laws
• Wisconsin final paycheck law
• Wisconsin paid sick leave law
• Wisconsin meal and rest break laws
• Wisconsin pay frequency law
• Wisconsin vacation and PTO payout law
• Wisconsin new hire reporting
• Wisconsin at-will exceptions

Overtime laws in other states

See every state on one page, or pick a state:

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• District of Columbia
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Kansas
• Kentucky
• Louisiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Texas
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

Disclaimer: This guide provides general information based on publicly available official sources and is for information only. It is not legal, tax, payroll or employment-law advice and does not guarantee compliance with federal, state or local requirements. Rules can depend on your location, industry, contracts and other circumstances, and laws change. Always check the official source, the relevant government agency or a qualified professional before making a decision. MadyHR.ai accepts no responsibility for any action taken based on this page.

Last checked: October 19, 2026. Every rule and source link on this page was checked against the official government source on this date. Laws change, so always open the source link before you act.