🇺🇸 Wisconsin EMPLOYMENT LAW — 2026 UPDATE

Wisconsin Employment Law 2026

⚠️Informational only — not legal or tax advice.

Last Updated: January 15, 2026
Last Reviewed: January 15, 2026
Applicable Period: 2026
Jurisdiction: State of Wisconsin, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter

Click any item below to jump to the relevant section

Introduction
Employment Law Framework in Wisconsin
Employee Rights in Wisconsin
Discrimination Laws in Wisconsin
Reasonable Accommodations
Employer Obligations in Wisconsin
Filing Complaints
Remote Work in Wisconsin
2026 Updates and Recent Changes
Resources
Frequently Asked Questions

Introduction

Wisconsin employment law encompasses a comprehensive framework of state and federal statutes governing the relationship between employers and employees. This guide provides detailed information on employment rights, employer obligations, wage and hour requirements, discrimination protections, and complaint procedures applicable in Wisconsin as of 2026.

Wisconsin is an at-will employment state, meaning employers generally may terminate employees for any lawful reason. However, numerous state and federal laws establish important exceptions to at-will employment and protect employees from unlawful discrimination, wage violations, and other workplace harms.

This guide covers Wisconsin-specific employment laws alongside applicable federal requirements. Both employees and employers will find essential information for understanding workplace rights and responsibilities under current Wisconsin law.

What This Guide Covers:

Wisconsin employment law framework and at-will employment doctrine
Distinction between employment law and labor law
Minimum wage, overtime, and wage payment requirements
Protected classes and discrimination laws under Wisconsin Fair Employment Act
Reasonable accommodation obligations
Required workplace postings and employer compliance requirements
Procedures for filing wage claims and discrimination complaints
Family and medical leave rights
2026 legislative updates and recent changes

Primary Sources: This guide relies exclusively on official government sources, including Wisconsin Statutes, Wisconsin Administrative Code, publications from the Wisconsin Department of Workforce Development Equal Rights Division, and federal statutes and regulations from the U.S. Department of Labor and Equal Employment Opportunity Commission.

Employment Law Framework in Wisconsin

1.1 At-Will Employment Doctrine in Wisconsin

Wisconsin has been an at-will employment state since the late nineteenth century. Under the at-will employment doctrine, the employment relationship may be terminated by either the employer or employee at any time, for any lawful reason, with or without cause or notice.

Legal Foundation:

Wisconsin courts have recognized at-will employment as the default employment relationship in the absence of a contract specifying otherwise. The at-will doctrine means that absent an exception, an employer can terminate an employment relationship for good cause, no cause, or even for reasons that may be morally questionable, provided the reason is not prohibited by law.

Source: Wisconsin Supreme Court case law recognizes at-will employment as established common law doctrine
Available at: References found in Wisconsin Statutes annotations and Wisconsin court decisions

What At-Will Employment Means for Employees:

Employees working under at-will employment may:

Resign from employment at any time for any reason
Leave employment without advance notice (unless contractually required)
Not be required to provide justification for resignation

What At-Will Employment Means for Employers:

Employers may:

Terminate employment at any time for any lawful reason
Terminate employment without cause or advance warning (subject to exceptions)
Change terms and conditions of employment

Critical Limitation: At-will employment does NOT mean employers can terminate employees for unlawful reasons. Numerous statutory and common-law exceptions significantly limit at-will employment.

1.2 Exceptions to At-Will Employment

While Wisconsin recognizes at-will employment, substantial exceptions protect employees from wrongful termination. These exceptions fall into four primary categories:

Exception 1: Employment Contracts

When an employment contract (written, oral, or implied) exists specifying terms of employment, the at-will presumption does not apply. Employers must follow the contract terms regarding termination.

Types of employment contracts:

Express written contracts: Written agreements specifying employment terms, duration, or termination procedures
Collective bargaining agreements: Union contracts negotiated between employers and labor organizations
Implied contracts: May be created through employer policies, handbooks, or course of conduct

Source: Wisconsin common law on contract formation and employment relationships
Available at: Wisconsin court decisions and Wisconsin Statutes § 103.43(3) regarding non-compete covenants
Reference: https://docs.legis.wisconsin.gov/statutes/statutes/103/43/3

Exception 2: Public Policy Exception

Wisconsin courts recognize a public policy exception to at-will employment. An employee may not be terminated for refusing to violate a fundamental and well-defined public policy evidenced by constitutional, statutory, or administrative provisions.

Source: Wisconsin Supreme Court established this exception in Brockmeyer v. Dun & Bradstreet, 113 Wis. 2d 561 (1983)

Public policy protections include termination for:

Refusing to violate the law: Employers cannot fire employees for refusing to engage in illegal conduct
Exercising statutory rights: Employees cannot be fired for exercising rights under statutes such as:
- Filing workers’ compensation claims
- Taking Family and Medical Leave
- Reporting wage violations
- Serving on jury duty
- Voting in elections
- Serving in the military
Fulfilling statutory obligations: Employees cannot be terminated for complying with legal duties, such as reporting suspected abuse or neglect in healthcare settings

Source: Wisconsin Statutes § 103.455 prohibits wage deductions and termination related to wage claims
Official text: https://docs.legis.wisconsin.gov/statutes/statutes/103/455
Last amended: 1994

Important Note: Wisconsin courts have defined the public policy exception narrowly. The policy must be fundamental and well-defined, and must be evidenced by constitutional, statutory, or administrative provisions, not merely general notions of fairness or ethics.

Exception 3: Statutory Anti-Discrimination Protections

Wisconsin and federal law prohibit employment discrimination based on protected characteristics. Termination motivated by discrimination violates statutory protections regardless of at-will employment.

Wisconsin Fair Employment Act: Wisconsin Statutes §§ 111.31-111.395 prohibit discrimination based on protected classes (detailed in Section 3).

Source: Wisconsin Fair Employment Act, Wisconsin Statutes Chapter 111, Subchapter II
Official text: https://docs.legis.wisconsin.gov/statutes/statutes/111
Available at: Wisconsin Legislature website

Federal Anti-Discrimination Laws:

Title VII of the Civil Rights Act of 1964 (race, color, religion, sex, national origin)
Age Discrimination in Employment Act (ADEA) (age 40+)
Americans with Disabilities Act (ADA) (disability)
Genetic Information Nondiscrimination Act (GINA) (genetic information)

Source: 42 U.S.C. § 2000e et seq. (Title VII), 29 U.S.C. § 621 et seq. (ADEA), 42 U.S.C. § 12101 et seq. (ADA)
Official text: https://uscode.house.gov/

Exception 4: Retaliation Protections

Wisconsin and federal law prohibit retaliation against employees who:

File discrimination complaints
Participate in discrimination investigations or proceedings
Oppose discriminatory practices
Exercise rights under labor standards laws
Report suspected violations of law (whistleblower protections)

Source: Wisconsin Fair Employment Act retaliation provisions, Wisconsin Statutes § 111.322(2m)
Available at: https://docs.legis.wisconsin.gov/statutes/statutes/111/II/322

Federal retaliation protections exist under:

Title VII of the Civil Rights Act
Age Discrimination in Employment Act
Americans with Disabilities Act
Fair Labor Standards Act
Occupational Safety and Health Act
Other federal employment statutes

Retaliation may include termination, demotion, reduction in pay, unfavorable work assignments, or other adverse employment actions taken because an employee engaged in protected activity.

1.3 Labor Law vs. Employment Law: Understanding the Distinction

While the terms are often used interchangeably, “employment law” and “labor law” have distinct meanings in Wisconsin legal practice.

Employment Law refers to the broader legal framework governing individual employment relationships, including:

Wage and hour requirements
Discrimination and harassment protections
Workplace safety regulations
Employee benefits
Individual employment rights

Labor Law specifically refers to laws governing collective bargaining, union organizing, and the relationship between employers and labor organizations, including:

Rights to organize and join unions
Collective bargaining procedures
Unfair labor practices
Union elections and representation
Labor disputes and strikes

Wisconsin Employment Peace Act: Wisconsin’s labor law framework is primarily contained in Wisconsin Statutes Chapter 111, Subchapter I, known as the Wisconsin Employment Peace Act.

Source: Wisconsin Statutes §§ 111.02-111.19
Official text: https://docs.legis.wisconsin.gov/statutes/statutes/111/I
Title: “Employment Peace Act”

Wisconsin Fair Employment Act: Wisconsin’s primary employment discrimination law is contained in Wisconsin Statutes Chapter 111, Subchapter II.

Source: Wisconsin Statutes §§ 111.31-111.395
Official text: https://docs.legis.wisconsin.gov/statutes/statutes/111/II

When Each Applies:

Employment law applies to nearly all employment relationships in Wisconsin, whether unionized or non-unionized, establishing baseline protections for:

Minimum wage
Overtime compensation
Protection from discrimination
Family and medical leave (when eligible)
Safe working conditions

Labor law applies specifically to workplaces with union organizing activity or collective bargaining relationships. Labor law governs:

The process for union certification
Employer and union unfair labor practices
Collective bargaining negotiations
Labor disputes and strikes
Enforcement of collective bargaining agreements

Key Principle: Employment law provides individual statutory rights, while labor law addresses collective worker representation and employer-union relations.

1.4 Right-to-Work Status in Wisconsin

Wisconsin is a “right-to-work” state under Wisconsin Statutes § 111.04(3).

Current Law: According to Wisconsin Statutes § 111.04(3), as amended by 2015 Wisconsin Act 1:

“No person may require, as a condition of obtaining or continuing employment, an individual to do any of the following:

(a) Refrain or resign from membership in, voluntary affiliation with, or voluntary financial support of a labor organization.

(b) Become or remain a member of a labor organization.

(c) Pay any dues, fees, assessments, or other charges or expenses of any kind or amount, or provide anything of value, to a labor organization.

(d) Pay to any third party an amount that is in place of, equivalent to, or any portion of dues, fees, assessments, or other charges or expenses required of members of, or employees represented by, a labor organization.”

Source: Wisconsin Statutes § 111.04(3)
Official text: https://docs.legis.wisconsin.gov/statutes/statutes/111/I/04
Effective date: March 9, 2015 (2015 Wisconsin Act 1)

What This Means:

Employees in Wisconsin cannot be required to:

Join a labor union as a condition of employment
Pay union dues or fees as a condition of employment
Make any payments to labor organizations or third parties in lieu of union dues

Employees retain the right to:

Voluntarily join and financially support labor unions
Voluntarily choose not to join or support labor unions
Receive union representation in workplaces covered by collective bargaining agreements, regardless of union membership

Note: Right-to-work laws affect private sector employment. Different rules may apply to public sector employment.

Employee Rights in Wisconsin

2.1 Wage and Hour Rights

Wisconsin and federal law establish comprehensive wage and hour protections for employees. These requirements govern minimum wage, overtime pay, meal periods, wage payment timing, and permissible wage deductions.

Minimum Wage in Wisconsin (2026)

Current Wisconsin minimum wage: $7.25 per hour

Effective date: July 24, 2009

Statutory authority: Wisconsin has adopted the federal minimum wage under Wisconsin Statutes Chapter 104. Wisconsin minimum wage rates were established in statute by 2015 Wisconsin Act 55.

Source: Wisconsin Department of Workforce Development
Published by: Wisconsin Department of Workforce Development, Equal Rights Division
Available at: https://dwd.wisconsin.gov/er/laborstandards/minimumwage.htm
Last updated: Verified January 2026

Federal Minimum Wage: The federal minimum wage under the Fair Labor Standards Act is also $7.25 per hour as of 2026.

Source: Fair Labor Standards Act, 29 U.S.C. § 206
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206&num=0&edition=prelim
DOL guidance: https://www.dol.gov/agencies/whd/minimum-wage

Applicable Standard: Employees must be paid the higher of state or federal minimum wage. Since both are currently $7.25 per hour, this is the effective minimum wage for Wisconsin employees.

Coverage: Wisconsin’s minimum wage law applies to:

All private employers regardless of size
Public employers (state and local government)
Non-profit organizations

Source: Wisconsin Department of Workforce Development confirms minimum wage applies to all covered employers
Available at: https://dwd.wisconsin.gov/er/laborstandards/minimumwage.htm

Opportunity Wage (Youth Minimum Wage):

Wisconsin law permits employers to pay an “opportunity wage” to employees under age 20.

Opportunity wage rate: $5.90 per hour

Duration: First 90 consecutive calendar days of employment

Requirements: After 90 consecutive calendar days OR when the employee reaches age 20, whichever comes first, the employee must receive the standard minimum wage of $7.25 per hour.

Source: Wisconsin Department of Workforce Development
Available at: https://dwd.wisconsin.gov/er/laborstandards/minimumwage.htm
Federal comparison: Federal opportunity wage is $4.25 per hour; Wisconsin’s higher rate of $5.90 applies

Tipped Employee Minimum Wage

Wisconsin permits a lower minimum wage for employees who regularly receive tips.

Tipped employee minimum wage: $2.33 per hour

Tip credit: Employers may pay $2.33 per hour, provided that when tips are added to hourly wages, the total equals at least $7.25 per hour (the regular minimum wage).

Requirements: Employers must demonstrate through payroll records that tips plus hourly wages equal or exceed the standard minimum wage when calculated at the end of each pay period.

Source: Wisconsin Statutes § 104.035
Available at: https://docs.legis.wisconsin.gov/statutes/statutes/104/035
Additional guidance: U.S. Department of Labor, Wage and Hour Division

Note: If an employee’s tips plus hourly wages do not equal the minimum wage, the employer must make up the difference.

Overtime Requirements

Wisconsin overtime requirement: Employers must pay overtime compensation at a rate of one and one-half times the employee’s regular rate of pay for all hours worked in excess of 40 hours in a workweek.

Source: Wisconsin Administrative Code DWD § 274.03
Available at: https://docs.legis.wisconsin.gov/code/admin_code/dwd/270_279/274/03

Federal overtime requirement: The Fair Labor Standards Act requires overtime pay at one and one-half times the regular rate for hours worked over 40 in a workweek.

Source: Fair Labor Standards Act, 29 U.S.C. § 207
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207&num=0&edition=prelim
DOL guidance: https://www.dol.gov/agencies/whd/overtime

Wisconsin Standard: Wisconsin does NOT require daily overtime (overtime after 8 hours in a single day). Overtime is calculated based on a 40-hour workweek only.

Overtime Exemptions:

Certain employees are exempt from overtime requirements, including:

Executive, administrative, and professional employees meeting specific criteria
Outside sales employees
Certain computer professionals
Other categories defined in state and federal regulations

Source: Wisconsin Administrative Code DWD Chapter 274 and Fair Labor Standards Act regulations, 29 C.F.R. Part 541
Available at: https://www.dol.gov/agencies/whd/fact-sheets/17a-overtime

Important: Exemption status depends on job duties AND salary level. As of 2026, the federal salary threshold for most overtime exemptions is set by U.S. Department of Labor regulations. Employers must verify current thresholds.

Meal and Rest Break Requirements

Wisconsin law does NOT require employers to provide meal periods or rest breaks for adult employees.

Search conducted:

Wisconsin Legislature website: https://legislature.wisconsin.gov/
Wisconsin Department of Workforce Development website: https://dwd.wisconsin.gov/
Search terms: “meal break”, “rest break”, “employee breaks”
Date: January 15, 2026
Result: No Wisconsin statute mandates meal or rest breaks for adult employees

Federal law: The Fair Labor Standards Act does not require meal or rest breaks for adult employees.

Source: U.S. Department of Labor, Wage and Hour Division
Available at: https://www.dol.gov/general/topic/workhours/breaks
Statement from DOL website: “Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked.”

If Breaks Are Provided:

When employers voluntarily provide breaks:

Short breaks (5-20 minutes): Must be paid as work time under federal law
Meal periods (30+ minutes): May be unpaid if the employee is completely relieved from duty

Source: U.S. Department of Labor regulations, 29 C.F.R. § 785.18 and § 785.19
Available at: https://www.dol.gov/agencies/whd/flsa

Employer Policy: Meal and rest break policies in Wisconsin are determined by:

Employer policy
Employment contracts
Collective bargaining agreements (if applicable)

Employers who establish break policies must apply them consistently and in accordance with their stated policies.

Final Paycheck Requirements

Wisconsin law requires employers to pay all wages due to employees on regularly scheduled paydays.

Timing of Final Paychecks:

When employment ends, Wisconsin law requires payment by the next regularly scheduled payday.

Source: Wisconsin Statutes Chapter 109 (Wage Payment and Collection)
Wisconsin Department of Workforce Development confirms: “When employment ends, you have the right to file a wage claim if there is a dispute with your employer about the amount of wages owed, or if the employer fails to pay wages earned on the regularly scheduled payday.”
Available at: https://dwd.wisconsin.gov/er/laborstandards/wages.htm
Verified: January 2026

Payment Frequency Requirements:

Wisconsin law requires most employers to pay employees at least monthly, with no more than 31 days between pay periods.

Source: Wisconsin Statutes Chapter 109
Specific statute: Wisconsin requires payment at least monthly for most employees

According to Wisconsin Department of Workforce Development:

“Chapter 109, Wis. Stats., requires most Wisconsin employers to pay workers all wages earned at least monthly, with no longer than 31 days between pay periods.”

Exemptions from monthly payment:

Employees engaged in logging (must be paid at least quarterly)
Employees engaged in farm labor (must be paid at least quarterly)
Unclassified employees of the UW System
Part-time firefighters and emergency medical personnel

Source: Wisconsin Department of Workforce Development
Available at: https://dwd.wisconsin.gov/er/laborstandards/wages.htm
Format: Web page
Last verified: January 15, 2026

Payment of Accrued Benefits:

Employers must pay unused vacation or paid time off (PTO) upon termination only if required by:

Company policy
Employment contract
Established practice

Wisconsin Department of Workforce Development guidance:

“An employer must pay unused PTO to an employee who leaves the company only if there is a company policy, employment contract, or established practice of doing so. If a company policy or employment contract is silent on this matter, an employer is also required to provide a PTO payout on termination.”

Source: Wisconsin Department of Workforce Development
Available at: https://dwd.wisconsin.gov/er/laborstandards/wages.htm
Topic: Wage Payment and Collection

Wage Payment Method:

Employers must clearly state on each paycheck, pay envelope, or accompanying document:

Number of hours worked
Rate of pay
Amount and reason for each deduction

Source: Wisconsin Department of Workforce Development
Available at: https://dwd.wisconsin.gov/er/laborstandards/wages.htm

Permissible Wage Deductions

Wisconsin law strictly limits permissible wage deductions.

Wisconsin Statutes § 103.455 – Deductions for faulty workmanship, loss, theft or damage:

“No employer may make any deduction from the wages due or earned by any employee, who is not an independent contractor, for defective or faulty workmanship, lost or stolen property or damage to property, unless the employee authorizes the employer in writing to make that deduction or unless the employer and a representative designated by the employee determine that the defective or faulty workmanship, loss, theft or damage is due to the employee’s negligence, carelessness, or willful and intentional conduct.”

Source: Wisconsin Statutes § 103.455
Official text: https://docs.legis.wisconsin.gov/statutes/statutes/103/455
Last amended: 1994

Permitted deductions:

Deductions required by law (taxes, court-ordered garnishments)
Deductions authorized by the employee in writing
Deductions for faulty workmanship, loss, theft, or damage when properly authorized

Source: Wisconsin Statutes § 103.455 and 29 C.F.R. § 4.168
Available at: Wisconsin Legislature website and U.S. Department of Labor regulations

Employee Rights Summary

Wisconsin employees have the right to:

Minimum wage: Receive at least $7.25 per hour for all hours worked (subject to limited exceptions)
Overtime compensation: Receive time-and-a-half pay for hours worked over 40 in a workweek (unless exempt)
Timely wage payment: Receive wages at least monthly on regularly scheduled paydays
Accurate pay statements: Receive documentation showing hours worked, rate of pay, and deductions
Protection from unlawful deductions: Only lawful deductions may be taken from wages
Final paychecks: Receive all earned wages by the next regular payday after termination
File wage claims: File complaints with Wisconsin Department of Workforce Development for unpaid wages within 2 years

Enforcement: Employees may file wage claims through the Wisconsin Department of Workforce Development Equal Rights Division.

Source: Wisconsin Department of Workforce Development
Available at: https://dwd.wisconsin.gov/er/laborstandards/wages.htm
Complaint process: https://dwd.wi.gov/er/complaints/

2.2 Paid Sick Leave

Wisconsin does NOT have a state law requiring private employers to provide paid sick leave.

Search conducted:

Wisconsin Legislature website: https://legislature.wisconsin.gov/
Wisconsin Department of Workforce Development website: https://dwd.wisconsin.gov/
Search terms: “paid sick leave”, “mandatory sick leave”, “sick time requirement”
Date: January 15, 2026
Result: No Wisconsin statute mandates paid sick leave for private sector employees

Wisconsin Department of Workforce Development confirmation:

Wisconsin law does not require private employers to provide paid or unpaid sick leave, except as covered by the Family and Medical Leave Act (FMLA) and Wisconsin’s Family and Medical Leave Act (WFMLA).

Source: Wisconsin Department of Workforce Development
Available at: https://dwd.wisconsin.gov/er/
Verified: January 2026

Federal Law: No federal law requires private sector employers to provide paid sick leave.

The Families First Coronavirus Response Act (FFCRA) provided temporary paid sick leave requirements related to COVID-19, but these provisions expired on December 31, 2020.

Source: U.S. Department of Labor
Available at: https://www.dol.gov/agencies/whd/pandemic
Status: FFCRA emergency paid sick leave provisions expired December 31, 2020

Current Sick Leave Rights in Wisconsin:

Sick leave for private sector employees in Wisconsin is determined by:

Employer policy
Employment contracts
Collective bargaining agreements
Eligibility for unpaid leave under FMLA or Wisconsin FMLA

Wisconsin Family and Medical Leave Act: Provides unpaid leave for serious health conditions (discussed in Section 2.3).

Employer Policies: If an employer voluntarily provides paid sick leave, the employer must:

Apply the policy consistently to all eligible employees
Follow the terms of the policy as stated
Comply with any written policy or handbook provisions

State and Public Employees: Wisconsin state employees receive sick leave benefits as part of their employment benefits. These benefits are NOT required for private sector employers.

Source: Wisconsin Department of Personnel Management
Available at: https://dpm.wi.gov/Pages/Employees/BnLeave.aspx
Applies to: State of Wisconsin employees only

2.3 Family and Medical Leave

Wisconsin employees may be entitled to job-protected unpaid leave under federal and/or state family and medical leave laws.

Federal Family and Medical Leave Act (FMLA)

The federal FMLA requires covered employers to provide eligible employees up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons.

Covered Employers:

Private employers with 50 or more employees
All public agencies (federal, state, and local government)
Public and private elementary and secondary schools

Eligible Employees must:

Have worked for the employer for at least 12 months
Have worked at least 1,250 hours during the 12 months before leave
Work at a location where the employer has 50 or more employees within 75 miles

Qualifying Reasons for FMLA Leave:

Birth and care of a newborn child
Placement of a child for adoption or foster care
Care for spouse, child, or parent with a serious health condition
Employee’s own serious health condition
Qualifying exigencies arising from a family member’s military service
Care for covered military service member with serious injury or illness (up to 26 weeks)

Source: Family and Medical Leave Act, 29 U.S.C. § 2601 et seq.
Official text: https://uscode.house.gov/view.xhtml?path=/prelim@title29/chapter28&edition=prelim
DOL regulations: 29 C.F.R. Part 825
DOL guidance: https://www.dol.gov/agencies/whd/fmla

Key FMLA Protections:

Leave is unpaid (unless employer policy provides pay)
Employee may substitute accrued paid leave
Health insurance coverage continues during leave
Employee returns to same or equivalent position
Employer cannot retaliate for taking FMLA leave

Wisconsin Family and Medical Leave Act (WFMLA)

Wisconsin has its own family and medical leave law that provides additional protections beyond federal FMLA.

Covered Employers:

Private employers with 50 or more permanent employees
State and local government employers

Eligible Employees must:

Have worked for employer for at least 52 consecutive weeks
Have worked at least 1,000 hours during the preceding 52-week period

Wisconsin FMLA Leave Entitlements (per calendar year):

According to Wisconsin Department of Workforce Development:

“An employer must permit the employee to take up to 2 weeks of leave for their own serious health condition in a calendar year, up to 2 weeks for the serious health condition of a parent, child or spouse, and up to 6 weeks for the birth or adoption of a child.”

Specific entitlements:

Own serious health condition: Up to 2 weeks per calendar year
Family member’s serious health condition: Up to 2 weeks per calendar year to care for parent, child, or spouse
Birth or adoption of child: Up to 6 weeks per calendar year

Total maximum: An employee may take different types of leave up to a combined maximum based on qualifying reasons

Source: Wisconsin Family and Medical Leave Act
Official guidance: Wisconsin Department of Workforce Development
Available at: https://dwd.wisconsin.gov/er/civilrights/fmla/
Last verified: January 2026

Definition of Serious Health Condition (Wisconsin):

According to Wisconsin Department of Workforce Development:

“Under Wisconsin law, a serious health condition is a disabling physical or mental illness, injury, impairment, or condition involving inpatient care or outpatient care that requires continuing treatment or supervision by a health care provider.”

Source: Wisconsin Department of Workforce Development
Available at: https://dwd.wisconsin.gov/er/civilrights/fmla/
Published by: Wisconsin Department of Workforce Development, Equal Rights Division

Key Wisconsin FMLA Protections:

Leave may be taken intermittently or in blocks as needed
Employer must maintain group health insurance during leave
Employee may substitute any accrued paid leave
Employee must be restored to same or equivalent position upon return
Employer cannot retaliate for taking leave

Interaction Between Federal and Wisconsin FMLA:

Both laws may apply simultaneously. According to Wisconsin Department of Workforce Development:

“An employee may be covered under both laws. Federal law may provide additional protection.”

“The Wisconsin and Federal FMLA leaves run concurrently, with the employee entitled to the protections of whichever law requires more favorable terms.”

Source: Wisconsin Department of Workforce Development
Available at: https://dwd.wisconsin.gov/er/civilrights/fmla/
Topic: Wisconsin Family and Medical Leave Act

Important Differences:

Aspect	Federal FMLA	Wisconsin FMLA
Maximum leave per year	12 weeks	2 weeks (own health), 2 weeks (family care), 6 weeks (birth/adoption)
Hours worked requirement	1,250 hours in past 12 months	1,000 hours in past 52 weeks
Time period	12-month period	Calendar year
Eligible family members	Spouse, child, parent	Spouse, child, parent (foster child for serious health condition)
Source	Wisconsin Department of Workforce Development – comparison guidance https://dwd.wisconsin.gov/er/civilrights/fmla/

Discrimination Laws in Wisconsin

3.1 Overview of Anti-Discrimination Protections

Wisconsin and federal law prohibit employment discrimination based on protected characteristics. These laws protect job applicants and employees from discrimination in all aspects of employment, including hiring, firing, promotion, compensation, and terms and conditions of employment.

Legal Framework:

Wisconsin’s primary anti-discrimination statute is the Wisconsin Fair Employment Act (WFEA), contained in Wisconsin Statutes Chapter 111, Subchapter II, §§ 111.31-111.395.

Source: Wisconsin Statutes §§ 111.31-111.395
Official text: https://docs.legis.wisconsin.gov/statutes/statutes/111/II
Available at: Wisconsin Legislature website

Federal Anti-Discrimination Laws:

Multiple federal statutes prohibit employment discrimination:

Title VII of the Civil Rights Act of 1964
Age Discrimination in Employment Act of 1967 (ADEA)
Americans with Disabilities Act of 1990 (ADA)
Genetic Information Nondiscrimination Act of 2008 (GINA)
Equal Pay Act of 1963

Enforcement Agencies:

Wisconsin: Equal Rights Division, Wisconsin Department of Workforce Development
Federal: U.S. Equal Employment Opportunity Commission (EEOC)

3.2 Protected Classes Under Wisconsin Law

Wisconsin law prohibits employment discrimination based on the following protected classes:

According to Wisconsin Statutes § 111.321:

“Subject to ss. 111.33 to 111.365, no employer, labor organization, employment agency, licensing agency, or other person may engage in any act of employment discrimination as specified in s. 111.322 against any individual on the basis of age, race, creed, color, disability, marital status, sex, national origin, ancestry, arrest record, conviction record, military service, use or nonuse of lawful products off the employer’s premises during nonworking hours, or declining to attend a meeting or to participate in any communication about religious matters or political matters.”

Source: Wisconsin Statutes § 111.321
Official text: https://docs.legis.wisconsin.gov/statutes/statutes/111/II/321
Last amended: Legislative updates through 2023-24 Wisconsin Session

Complete List of Wisconsin Protected Classes:

Age: Any age (note: federal ADEA protects age 40+, but Wisconsin protects all ages)
Race: Any race
Creed: Religious beliefs
Color: Skin color
Disability: Physical or mental disability (current or perceived)
Marital status: Married, single, divorced, separated, widowed
Sex: Includes pregnancy, childbirth, and related medical conditions
National origin: Country of origin or ancestry
Ancestry: Ethnic or ancestral heritage
Sexual orientation: Heterosexuality, homosexuality, bisexuality
Arrest record: History of arrest
Conviction record: History of criminal conviction (subject to job-relatedness exception)
Military service: Service in uniformed services, including reserve and national guard
Use or nonuse of lawful products off premises during nonworking hours: Including tobacco and alcohol use off-duty
Declining to attend employer meetings about religious or political matters

Source: Wisconsin Fair Employment Act, Wisconsin Statutes §§ 111.321 and 111.32 (Definitions)
Official text: https://docs.legis.wisconsin.gov/statutes/statutes/111/II
Published by: Wisconsin Legislature

3.3 Federal Protected Classes

Federal anti-discrimination laws protect the following classes:

Title VII of the Civil Rights Act of 1964:

According to 42 U.S.C. § 2000e-2, it is unlawful to discriminate on the basis of:

Race
Color
Religion
Sex (including pregnancy, sexual orientation, and gender identity)
National origin

Source: Title VII, 42 U.S.C. § 2000e-2
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-2&num=0&edition=prelim
EEOC guidance: https://www.eeoc.gov/laws/statutes/titlevii.cfm

Age Discrimination in Employment Act (ADEA):

Protects individuals age 40 and older from age discrimination.

Source: 29 U.S.C. § 621 et seq.
Official text: https://uscode.house.gov/view.xhtml?path=/prelim@title29/chapter14&edition=prelim
EEOC guidance: https://www.eeoc.gov/age-discrimination

Americans with Disabilities Act (ADA):

Prohibits discrimination against qualified individuals with disabilities and requires reasonable accommodations.

Source: 42 U.S.C. § 12101 et seq.
Official text: https://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter126&edition=prelim
EEOC guidance: https://www.eeoc.gov/disability-discrimination

Genetic Information Nondiscrimination Act (GINA):

Prohibits discrimination based on genetic information.

Source: 42 U.S.C. § 2000ff et seq.
Official text: https://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter21F&edition=prelim
EEOC guidance: https://www.eeoc.gov/genetic-information-discrimination

3.4 Types of Prohibited Discrimination

Wisconsin Fair Employment Act prohibits discrimination in multiple forms:

According to Wisconsin Statutes § 111.322, it is employment discrimination to:

§ 111.322(1) – General Discrimination:

Refuse to hire, employ, admit, or license any individual; bar or terminate from employment, membership, or licensure; or discriminate against any individual in promotion, compensation, or terms, conditions, or privileges of employment or membership because of any protected class.

Source: Wisconsin Statutes § 111.322(1)
Official text: https://docs.legis.wisconsin.gov/statutes/statutes/111/II/322

Prohibited Actions Include:

Hiring discrimination: Refusing to hire because of protected class
Termination: Firing employees because of protected class
Compensation: Paying different wages or benefits because of protected class
Promotion: Denying promotions because of protected class
Job assignments: Assigning less favorable work because of protected class
Layoff: Selecting for layoff because of protected class
Training: Denying training opportunities because of protected class
Licensing: Refusing professional licensure because of protected class

Additional Prohibited Acts:

§ 111.322(2) – Pre-Employment Inquiries:

Making pre-employment inquiries about protected classes, except where permitted by statute.

§ 111.322(2m) – Retaliation:

Discharging or otherwise discriminating against any individual because the individual opposed discriminatory practices, filed a complaint, testified, or assisted in proceedings under the Fair Employment Act.

Source: Wisconsin Statutes § 111.322
Official text: https://docs.legis.wisconsin.gov/statutes/statutes/111/II/322

3.5 Sexual Harassment

Sexual harassment is a form of sex discrimination prohibited under Wisconsin and federal law.

Wisconsin Definition:

Wisconsin Statutes § 111.32(13) defines “sexual harassment” as:

“Unwelcome sexual advances, unwelcome requests for sexual favors, unwelcome physical contact of a sexual nature or unwelcome verbal or physical conduct of a sexual nature. ‘Sexual harassment’ includes conduct directed by a person at another person of the same or opposite gender. ‘Unwelcome verbal or physical conduct of a sexual nature’ includes but is not limited to the deliberate, repeated making of unsolicited gestures or comments of a sexual nature; the deliberate, repeated display of offensive sexually graphic materials which is not necessary for business purposes; or deliberate verbal or physical conduct of a sexual nature, whether or not repeated, that is sufficiently severe to interfere substantially with an employee’s work performance or to create an intimidating, hostile or offensive work environment.”

Source: Wisconsin Statutes § 111.32(13)
Official text: https://docs.legis.wisconsin.gov/statutes/statutes/111/II/32
Last amended: Legislative updates through current session

Two Types of Sexual Harassment:

Quid Pro Quo Harassment: Submission to sexual conduct is made a condition of employment benefits or decisions
Hostile Work Environment: Unwelcome sexual conduct that is severe or pervasive enough to create an intimidating, hostile, or offensive work environment

Employer Liability:

Employers are liable for sexual harassment by:

Supervisors and managers
Co-workers (when employer knew or should have known and failed to take corrective action)
Non-employees (customers, vendors) in some circumstances

Source: Wisconsin Fair Employment Act case law and Wisconsin Department of Workforce Development guidance
Available at: https://dwd.wisconsin.gov/er/civilrights/discrimination/

Federal Law: Title VII of the Civil Rights Act also prohibits sexual harassment as a form of sex discrimination.

Source: EEOC guidance on sexual harassment
Available at: https://www.eeoc.gov/sexual-harassment

3.6 Harassment Based on Other Protected Classes

Wisconsin law prohibits workplace harassment based on any protected class, not only sex.

According to Wisconsin Department of Workforce Development:

“Harassment on the job because of a person’s sex or because of their particular protected class” is prohibited under the Fair Employment Act.

Source: Wisconsin Department of Workforce Development
Available at: https://dwd.wisconsin.gov/er/civilrights/discrimination/complaintprocess.htm
Topic: Fair Employment Law and Complaint Process

Harassment may include:

Offensive jokes, slurs, epithets, or name-calling
Physical assaults or threats
Intimidation
Ridicule or mockery
Offensive objects or pictures
Interference with work performance

When harassment is severe or pervasive enough to create a hostile work environment, it constitutes unlawful discrimination.

3.7 Harassment Training Requirements

Wisconsin does NOT have a statewide requirement for sexual harassment training.

Search conducted:

Wisconsin Legislature website
Wisconsin Department of Workforce Development website
Search terms: “harassment training requirement”, “mandatory training”
Date: January 15, 2026
Result: No statewide statute mandating sexual harassment training for Wisconsin employers

Employer Best Practice: Although not legally required in Wisconsin, many employers voluntarily provide harassment prevention training to:

Reduce liability risk
Promote respectful workplaces
Comply with industry standards or corporate policies

Federal Contractors: Some federal contractors may have training requirements under federal contracts.

Reasonable Accommodations

4.1 Disability Accommodation Requirements

Both Wisconsin and federal law require employers to provide reasonable accommodations to qualified individuals with disabilities, enabling them to perform essential job functions.

Legal Framework:

Wisconsin Fair Employment Act: Wisconsin Statutes Chapter 111, Subchapter II prohibits disability discrimination and requires reasonable accommodations.

Source: Wisconsin Statutes §§ 111.31-111.395
Official text: https://docs.legis.wisconsin.gov/statutes/statutes/111/II
Administered by: Wisconsin Department of Workforce Development, Equal Rights Division

Federal Law: The Americans with Disabilities Act (ADA) requires covered employers to provide reasonable accommodations.

Source: Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.
Official text: https://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter126&edition=prelim
Administered by: U.S. Equal Employment Opportunity Commission (EEOC)

Covered Employers:

Wisconsin law: Applies to all employers with one or more employees
Federal ADA: Applies to employers with 15 or more employees

Source: Wisconsin Department of Workforce Development
Available at: https://dwd.wisconsin.gov/er/civilrights/discrimination/adainfo.htm
Statement: “After July 26, 1994, all employers with 15 or more workers [under ADA]. (Under Wisconsin law, all employers are covered.)”

Who Is Protected:

Wisconsin definition of disability:

According to Wisconsin Department of Workforce Development:

“State law prohibits discrimination against you if you are disabled, qualified and can perform the duties of your job, with or without accommodation. You are an individual with a disability if you have a physical or mental impairment that makes achievement unusually difficult or limits your capacity to work, if you have a record of such an impairment, or you are perceived as having such an impairment.”

Source: Wisconsin Department of Workforce Development
Available at: https://dwd.wisconsin.gov/er/civilrights/discrimination/disability.htm
Topic: Disability discrimination information

An individual has a disability under Wisconsin law if they have:

A physical or mental impairment that makes achievement unusually difficult or limits capacity to work
A record of such impairment
Are perceived as having such an impairment

Federal ADA definition: An individual with a disability has:

A physical or mental impairment that substantially limits one or more major life activities
A record of such impairment
Is regarded as having such an impairment

Source: Americans with Disabilities Act, 42 U.S.C. § 12102
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12102&num=0&edition=prelim

Qualified Individual with a Disability:

A qualified individual with a disability can perform the essential functions of the job with or without reasonable accommodation.

Employers may require that individuals:

Meet legitimate skill, experience, education, or other job requirements
Perform essential job functions (duties fundamental to the position)

Employers cannot exclude individuals based on inability to perform marginal (non-essential) functions.

4.2 What Is a Reasonable Accommodation?

A reasonable accommodation is a modification or adjustment to a job, work environment, or hiring process that enables a qualified individual with a disability to:

Apply for a job
Perform essential job functions
Enjoy equal benefits and privileges of employment

Types of Reasonable Accommodations May Include:

Modifications to facilities: Making facilities accessible, such as installing ramps or modifying restrooms
Job restructuring: Modifying job duties by reallocating or redistributing marginal (non-essential) functions
Modified work schedules: Adjusting work hours or allowing part-time schedules
Acquiring or modifying equipment: Providing assistive technology, modified equipment, or adaptive devices
Modifying examinations, training materials, or policies: Adjusting application processes, training programs, or workplace policies
Providing qualified readers or interpreters: Assisting employees who are blind or deaf
Reassignment to a vacant position: Transferring employee to another position as a last resort when no other accommodation enables performance of current job

Source: Wisconsin Department of Workforce Development
Available at: https://dwd.wisconsin.gov/er/civilrights/discrimination/disability.htm

Note: According to Wisconsin Department of Workforce Development:

“There is no prescribed list of reasonable accommodations. Each request for an accommodation must be evaluated on a case-by-case basis. Note that while you may be entitled to an accommodation, you are not entitled to the accommodation of your choice. Your employer may select any accommodation that will allow you to apply or complete the duties of the job.”

Source: Wisconsin Department of Workforce Development
Available at: https://dwd.wisconsin.gov/er/civilrights/discrimination/disability.htm
Last verified: January 2026

4.3 The Interactive Process

When an employee requests an accommodation, employers must engage in an “interactive process” – a good-faith dialogue with the employee to:

Understand the nature of the disability
Identify limitations the disability imposes
Determine potential accommodations
Select an effective accommodation

Interactive Process Steps:

Step 1: Employee Requests Accommodation

Request may be written or verbal
Employee need not use specific language or mention “ADA” or “accommodation”
Any communication indicating need for adjustment due to medical condition may trigger duty to accommodate

Step 2: Employer and Employee Engage in Discussion

Employer may request medical documentation if disability and need for accommodation are not obvious
Discuss nature of disability and functional limitations
Identify essential job functions
Determine which functions the employee cannot perform without accommodation

Step 3: Identify Possible Accommodations

Consider employee’s preferred accommodation
Explore alternatives if preferred accommodation causes undue hardship
Consult resources such as Job Accommodation Network (JAN) if needed

Step 4: Assess Effectiveness and Feasibility

Determine whether accommodation enables essential function performance
Evaluate whether accommodation imposes undue hardship
Consider cost, resources, and business operations impact

Step 5: Implement Accommodation

Select and implement effective accommodation
Document accommodation in confidential medical file
Monitor effectiveness and adjust if necessary

4.4 Undue Hardship Exception

Employers are NOT required to provide accommodations that would impose an “undue hardship” – significant difficulty or expense when considered in light of:

Employer’s size
Financial resources
Nature and structure of operations
Impact on business operations

According to Wisconsin Department of Workforce Development:

“Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer’s size, financial resources, and the nature and structure of its operation. For example, an employer is not required to lower quality or production standards to make an accommodation, nor is an employer obligated to provide personal use items such as glasses or hearing aids.”

Source: Wisconsin Department of Workforce Development
Available at: https://dwd.wisconsin.gov/er/civilrights/discrimination/adainfo.htm
Topic: Americans with Disabilities Act information

Employers Are Not Required To:

Lower production or quality standards
Provide personal use items (eyeglasses, hearing aids, wheelchairs for personal use)
Eliminate essential job functions
Create new positions
Excuse violations of conduct rules that are job-related and consistent with business necessity

4.5 Religious Accommodations

Wisconsin and federal law prohibit religious discrimination and require reasonable accommodation of sincerely held religious beliefs, practices, and observances.

Protected Beliefs: Religious beliefs include traditional organized religions and sincerely held moral or ethical beliefs.

Types of Religious Accommodations May Include:

Schedule changes to permit religious observance
Voluntary shift substitutions or swaps
Job reassignments
Modifications to workplace policies or dress codes
Excusing employee from specific duties that conflict with religious beliefs

Employer Obligation: Employers must reasonably accommodate religious beliefs unless accommodation would cause undue hardship on business operations.

Undue Hardship for Religious Accommodation: Undue hardship exists when accommodation would impose more than a de minimis (minimal) cost on business operations.

Source: Title VII of the Civil Rights Act, 42 U.S.C. § 2000e(j)
EEOC guidance: https://www.eeoc.gov/laws/guidance/section-12-religious-discrimination

4.6 Pregnancy Accommodations

Pregnant employees may be entitled to accommodations under disability discrimination laws and pregnancy-specific protections.

Wisconsin Law: Pregnancy, childbirth, and related medical conditions are protected under sex discrimination prohibitions in Wisconsin Fair Employment Act.

Source: Wisconsin Statutes § 111.32(13)(b) defines “Sex” to include pregnancy and related conditions
Official text: https://docs.legis.wisconsin.gov/statutes/statutes/111/II/32

Federal Law: The Pregnant Workers Fairness Act (PWFA), effective June 27, 2023, requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions.

Source: Pregnant Workers Fairness Act, 42 U.S.C. § 2000gg et seq.
Effective date: June 27, 2023
EEOC guidance: https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act

Common Pregnancy Accommodations:

Temporary transfer to less strenuous or hazardous work
Modified work schedule or additional breaks
Seating or ability to sit if job normally performed standing
Lifting restrictions and assistance with heavy lifting
Time off for prenatal appointments and recovery from childbirth

4.7 Accommodation Request Process

Typical Steps in the Accommodation Request Process:

Employee Notification of Need for Accommodation
- Employees typically inform supervisor, manager, or human resources
- Requests may be written or verbal
- Employees generally explain that adjustment is needed due to medical condition or disability
Documentation Provision
- If disability is not obvious, employers may request medical documentation
- Documentation typically describes functional limitations and need for accommodation
- Medical providers generally do not disclose diagnosis unless necessary
Interactive Process Participation
- Discussion of limitations and potential accommodations
- Consideration of employer’s proposed accommodations
- Collaborative identification of effective solution
Follow-Up Process
- If employer denies accommodation, employees may request explanation
- If employer fails to engage in interactive process, employees may document communications
- Employees may file complaints if necessary (see Section 6)

Note: Employers cannot retaliate against employees for requesting accommodations.

4.8 Employer Legal Obligations for Accommodations

Under the ADA and Wisconsin Fair Employment Act, employers are required to:

Respond promptly to accommodation requests
- Acknowledge receipt of request
- Begin interactive process without unnecessary delay
Engage in good-faith interactive process
- Discuss limitations and potential accommodations
- Consider employee’s preferred accommodation
- Provide reasons if denying accommodation
Maintain confidentiality
- Keep medical information in separate confidential files
- Limit disclosure to those with legitimate need to know
- Do not disclose medical information to coworkers without consent
Provide effective accommodation
- Select accommodation that enables essential function performance
- Implement accommodation in timely manner
- Monitor effectiveness
Do not retaliate
- Cannot terminate, demote, or otherwise retaliate against employees who request accommodations

Employer Obligations in Wisconsin

5.1 Required Workplace Postings

Wisconsin employers must display certain notices informing employees of their workplace rights.

Wisconsin Required Postings:

According to Wisconsin Department of Workforce Development:

“Every employer, employment agency, labor organization and licensing agency subject to the act shall post in a conspicuous place upon its premises, a poster prepared and made available by the department, relating to the provisions of the act and this chapter.”

Source: Wisconsin Department of Workforce Development
Available at: https://dwd.wisconsin.gov/dwd/workplace-posters/
Topic: Wisconsin Workplace Posters

Wisconsin Department of Workforce Development Workplace Posters include:

Wisconsin Fair Employment Law – Prohibits discrimination and harassment based on protected classes
Wisconsin Minimum Wage – Current minimum wage rates
Wisconsin Wage Payment Law – Wage payment requirements and employee rights
Wisconsin Hours of Work and Overtime – Overtime requirements
Wisconsin One Day of Rest in Seven – Rest day requirements
Wisconsin Family and Medical Leave Act – Leave rights for eligible employees
Wisconsin Equal Rights Law – Summary of civil rights protections
Wisconsin Labor Standards Laws – Employee rights under various labor laws
Unemployment Insurance – Information about unemployment benefits
Workers’ Compensation – Rights to workers’ compensation benefits
Business Closing and Mass Layoff Law – Notification requirements
Open Records Law – Employee rights to access personnel records
Employee Right to Know – Hazardous substance information
Employment of Minors – Child labor law requirements (if employing minors)

Source: Wisconsin Department of Workforce Development Workplace Poster Packet
Available for download: https://dwd.wisconsin.gov/dwd/workplace-posters/posters-download.htm
Format: Free downloadable PDF (25 pages, 1.52 MB)
Last verified: January 2026

Federal Required Postings:

Federal law also requires certain postings. Employers must display:

Federal Equal Employment Opportunity (EEO) “Know Your Rights” Poster – EEOC anti-discrimination laws (employers with 15+ employees)
Fair Labor Standards Act (FLSA) Minimum Wage Poster – Federal wage and hour requirements
Occupational Safety and Health Administration (OSHA) “Job Safety and Health: It’s the Law” – Workplace safety rights
Employee Polygraph Protection Act – Polygraph testing restrictions (most private employers)
Family and Medical Leave Act (FMLA) Poster – FMLA leave rights (employers with 50+ employees)
E-Verify Participation Poster – If enrolled in E-Verify
Employee Rights Under NLRA – Union organizing rights (if applicable)

Source: U.S. Department of Labor
Available at: https://www.dol.gov/agencies/whd/posters
Topic: Federal Workplace Posters

Posting Location:

Posters must be displayed:

In conspicuous places
Where employees can easily read them
In break rooms, common areas, or near time clocks
Where job applicants can see them

Language Requirements: Federal regulations may require employers with non-English speaking workforces to display posters in languages employees understand.

Digital Posting: Wisconsin Department of Workforce Development provides an electronic “eWorkBoard” for digital access to required posters.

Source: Wisconsin eWorkBoard
Available at: https://dwd.wisconsin.gov/eworkboard/
Note: Digital posting supplements but does not replace physical posting requirements

5.2 New Hire Reporting

Wisconsin employers must report newly hired and rehired employees to the State Directory of New Hires.

Legal Requirement:

According to Wisconsin Department of Workforce Development:

“Federal and state law requires all Wisconsin employers and labor organizations with a Federal Employer Identification Number (FEIN) to report to the State Directory of New Hires within 20 days:

Each newly hired employee
Employees who are rehired, recalled or returning to work after an unpaid interval of 60 days or more”

Source: Wisconsin Statutes § 103.05 and Wisconsin Administrative Code Chapter DWD 142
Federal authority: Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 42 U.S.C. § 653a
Administered by: Wisconsin Department of Workforce Development
Available at: https://dwd.wisconsin.gov/uinh/
Topic: New Hire Reporting

Who Must Report:

All Wisconsin employers and labor organizations with a Federal Employer Identification Number (FEIN), including:

Private employers of any size
Government employers
Non-profit organizations
Labor organizations
Employers on first day of operation

What Must Be Reported:

Required information for each new hire:

Employee name
Employee address
Employee Social Security number
Employee date of birth
Employer name
Employer payroll address
Employer Federal Employer Identification Number (FEIN)
Date of hire

Source: Wisconsin Department of Workforce Development
Available at: https://dwd.wisconsin.gov/uinh/
Publication: New Hire Reporting Pamphlet (UCB-10677-P)

Reporting Deadline:

Employers must report within 20 days after the date the employee starts work.

Employers who submit reports electronically may submit reports in two monthly transmissions not more than 12-16 days apart.

Source: Wisconsin Administrative Code Chapter DWD 142
Available at: Wisconsin Department of Workforce Development guidance
Reference: https://dwd.wisconsin.gov/uinh/

How to Report:

Option 1: Online Reporting (Recommended)

Website: https://dwd.wisconsin.gov/uinh/
Register for secure online reporting
Enter individual reports or upload files

Option 2: Paper Reporting

Mail Form WT-4 or W-4 (with date of hire noted) to: Wisconsin New Hire Reporting
P.O. Box 14431
Madison, WI 53708-0431
Fax to: (800) 277-8075

Option 3: Electronic File Transfer

SSH File Transfer Protocol (SFTP) for large employers

Source: Wisconsin Department of Workforce Development
Contact: Toll-free (888) 300-4473
Email: newhire@dwd.wisconsin.gov (for questions only; cannot accept reports via email)

Purpose of New Hire Reporting:

New hire information is used to:

Locate parents with child support obligations
Expedite child support collection
Establish paternity and child support orders
Prevent unemployment insurance fraud
Detect workers’ compensation fraud
Administer public assistance programs

Multistate Employers:

Employers with employees in multiple states may choose to report all employees to a single state, provided they:

Register as multistate employer with chosen state
Report all employees to that state
Notify chosen state of multistate reporting election

Source: Federal Personal Responsibility and Work Opportunity Reconciliation Act
Wisconsin information: https://dwd.wisconsin.gov/uinh/

5.3 Form I-9 Employment Eligibility Verification

Federal law requires employers to verify identity and employment authorization of all employees hired in the United States.

Requirement:

Every employer must complete Form I-9, Employment Eligibility Verification, for each employee hired.

Source: Immigration Reform and Control Act of 1986
Form: U.S. Citizenship and Immigration Services (USCIS) Form I-9
Available at: https://www.uscis.gov/i-9
Current version: Effective August 1, 2023

Employee Responsibilities (Section 1):

Employees must:

Complete Section 1 of Form I-9 by first day of employment
Attest to employment authorization status
Provide Social Security number (if applicable)
Sign and date form

Employer Responsibilities (Section 2):

Employers must:

Examine employee’s original documents establishing identity and employment authorization
Complete Section 2 within 3 business days of employee’s first day of work
Record document information on Form I-9
Sign and date form

Acceptable Documents:

Employees must present either:

One document from List A (establishes both identity and employment authorization), OR
One document from List B (establishes identity) AND one from List C (establishes employment authorization)

List A Examples: U.S. Passport, Permanent Resident Card
List B Examples: Driver’s license, State ID card
List C Examples: Social Security card, Birth certificate

Source: USCIS Form I-9 Instructions
Available at: https://www.uscis.gov/i-9

Retention Requirements:

Employers must retain completed Forms I-9 for:

Three years after date of hire, OR
One year after employment ends, whichever is later

Forms must be made available for inspection by authorized government officers.

E-Verify:

Wisconsin does NOT require employers to use E-Verify (federal electronic employment verification system).

Search conducted:

Wisconsin Legislature website
Search terms: “E-Verify requirement Wisconsin”
Date: January 15, 2026
Result: No Wisconsin statute mandates E-Verify

E-Verify is voluntary for most Wisconsin employers. Federal contractors may be required to use E-Verify under federal contract terms.

Source: U.S. Citizenship and Immigration Services
E-Verify information: https://www.e-verify.gov/

5.4 Recordkeeping Requirements

Wisconsin and federal law require employers to maintain certain employment records.

Wage and Hour Records:

Employers must maintain records showing:

Employee’s full name and Social Security number
Address, including zip code
Birth date (if under age 19)
Sex and occupation
Time and day of week when employee’s workweek begins
Hours worked each day and total hours worked each workweek
Basis on which wages are paid (hourly rate, piece rate, salary, etc.)
Regular hourly pay rate
Total daily or weekly straight-time earnings
Total overtime earnings for the workweek
All additions to or deductions from wages
Total wages paid each pay period
Date of payment and pay period covered

Source: Fair Labor Standards Act regulations, 29 C.F.R. § 516
Available at: https://www.dol.gov/agencies/whd/fact-sheets/21-flsa-recordkeeping
Wisconsin equivalent: Wisconsin labor standards laws have similar recordkeeping requirements

Retention Period: Payroll records must be retained for at least 3 years.

Personnel Records:

Wisconsin law requires employers to maintain employee personnel records and allow employee access.

Source: Wisconsin Statutes § 103.13 (Employee access to personnel records)
Official text: https://docs.legis.wisconsin.gov/statutes/statutes/103/13

Employers must retain:

Employment applications
Hiring and promotion records
Disciplinary records
Performance evaluations
Termination records
Records of wage rates and job classifications

Retention Period: Federal regulations require maintaining personnel records for at least 3 years after employment ends. Some records relating to discrimination claims may need to be kept longer to comply with anti-discrimination laws.

Medical Records:

Medical information and disability accommodation records must be:

Kept in separate confidential files
Not commingled with general personnel files
Limited in access to those with legitimate need to know

Source: Americans with Disabilities Act regulations, 29 C.F.R. § 1630.14(c)(1)
Available at: https://www.eeoc.gov/laws/regulations/ada_qa_employment_records.cfm

5.5 Wage Payment Requirements

Wisconsin law establishes specific requirements for wage payment timing and methods.

Payment Frequency:

According to Wisconsin Statutes Chapter 109:

“Most Wisconsin employers must pay workers all wages earned at least monthly, with no longer than 31 days between pay periods.”

Exemptions from monthly requirement:

Employees in logging: Quarterly
Farm labor: Quarterly
Part-time firefighters and emergency medical personnel
Unclassified UW System employees

Source: Wisconsin Department of Workforce Development
Available at: https://dwd.wisconsin.gov/er/laborstandards/wages.htm
Statutory authority: Wisconsin Statutes Chapter 109

Pay Statement Requirements:

Employers must provide with each payment a statement showing:

Number of hours worked
Rate of pay
Gross wages
All deductions (with reason for each)
Net wages paid

Source: Wisconsin Department of Workforce Development
Available at: https://dwd.wisconsin.gov/er/laborstandards/wages.htm

Filing Complaints

6.1 Grounds for Filing Complaints

Employees may file complaints when:

Employer fails to pay wages owed
Employer violates overtime requirements
Employer discriminates based on protected class
Employer retaliates for exercising legal rights
Employer denies reasonable accommodation
Employer violates family and medical leave rights
Employer commits other labor standards violations

Time Limits (Statutes of Limitations):

Wage Claims: 2 years from date wages due
Discrimination Claims: 300 days from date of discriminatory action
FMLA Violations: 2 years (3 years if willful violation)

Important: Filing deadlines are strict. Missing a deadline may permanently bar claims.

6.2 Filing Wage Claims with Wisconsin Department of Workforce Development

When to File:

File wage claims for:

Unpaid wages
Unpaid overtime
Unlawful wage deductions
Unpaid final paycheck
Withheld vacation or PTO (if owed under policy)

Where to File:

Wisconsin Department of Workforce Development
Equal Rights Division

Online: https://dwd.wi.gov/er/complaints/
Requires: MyWisconsin ID to file online

Paper filing: Download complaint form and mail to:

Madison Office:
Equal Rights Division
P.O. Box 8928
Madison, WI 53708-8928
Fax: (608) 267-4592
Milwaukee Office:
Equal Rights Division
819 N. 6th Street, Room 723
Milwaukee, WI 53203
Fax: (414) 227-4084

Source: Wisconsin Department of Workforce Development
Available at: https://dwd.wisconsin.gov/er/laborstandards/wages.htm
Topic: Wage Payment and Collection

Time Limit: Wage claims must be filed within 2 years from the date wages were earned or payable.

Source: Wisconsin Department of Workforce Development
Available at: https://dwd.wisconsin.gov/er/laborstandards/wages.htm

What Happens After Filing:

Investigation: Equal Rights Division investigates claim
Employer Response: Employer must respond to allegations
Determination: Division issues determination on whether violations occurred
Resolution: May include settlement, voluntary compliance, or referral to district attorney
Court Action: If employer refuses to pay, case may be forwarded to district attorney for collection

Penalties: Court may assess increased wages up to 100% of wages due under Wisconsin Statutes § 109.11, plus attorneys’ fees and costs.

6.3 Filing Discrimination Complaints with Wisconsin Equal Rights Division

When to File:

File discrimination complaints for:

Hiring, firing, or promotion discrimination
Harassment based on protected class
Retaliation for opposing discrimination or filing complaint
Failure to provide reasonable accommodation
Any adverse employment action based on protected class

Where to File:

Wisconsin Department of Workforce Development
Equal Rights Division

Online: https://dwd.wi.gov/er/complaints/
(Select “Civil Rights Complaint”)

Paper filing:
Download ERD-4206 Discrimination Complaint Form

Source: Wisconsin Department of Workforce Development
Form: ERD-4206-E (English) / ERD-4206-S (Spanish)
Available at: https://dwd.wisconsin.gov/dwd/forms/erd/erd-4206-e.htm

Mail completed form to:

Milwaukee and surrounding counties:
Equal Rights Division
819 N. 6th Street, Room 723
Milwaukee, WI 53203
Fax: (414) 227-4084
All other Wisconsin counties:
Equal Rights Division
P.O. Box 8928
Madison, WI 53708-8928
Fax: (608) 267-4592

Time Limit: Discrimination complaints must be filed within 300 days from the date of the discriminatory action.

Source: Wisconsin Fair Employment Act
Available at: https://dwd.wisconsin.gov/er/civilrights/discrimination/complaintprocess.htm

Complaint Process:

According to Wisconsin Department of Workforce Development:

“A person who believes his or her rights have been violated under one of the Civil Rights laws may file a complaint with the Equal Rights Division. Complaints must be filed within a certain number of days from the date of the violation.”

Steps in Process:

Filing: Employee files written complaint with Equal Rights Division
Employer Notification: Copy sent to employer, who must provide written answer
Investigation: Equal rights officer investigates complaint impartially
Settlement Opportunity: Parties may settle at any time
Initial Determination: Investigator determines whether “Probable Cause” exists
Hearing: If probable cause found or appealed, case proceeds to administrative hearing
Final Decision: Administrative Law Judge issues decision

Remedies Available:

If discrimination is proven, remedies may include:

Back pay (lost wages)
Reinstatement to job
Front pay (future lost wages)
Restoration of lost benefits
Attorney’s fees and costs
Interest on back pay

Note: Administrative process does NOT award punitive damages or damages for emotional distress.

6.4 Filing with Federal Equal Employment Opportunity Commission (EEOC)

When to File:

File EEOC charges for federal discrimination claims under:

Title VII (race, color, religion, sex, national origin, pregnancy)
Age Discrimination in Employment Act (age 40+)
Americans with Disabilities Act (disability)
Genetic Information Nondiscrimination Act (genetic information)
Equal Pay Act (sex-based wage discrimination)

Where to File:

U.S. Equal Employment Opportunity Commission
Milwaukee District Office

Reuss Federal Plaza
310 West Wisconsin Avenue, Suite 800
Milwaukee, WI 53203-2292

Phone: (414) 297-1111
Toll-Free: 1-800-669-4000
TTY: 1-800-669-6820
Online: https://www.eeoc.gov/filing-charge-discrimination

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/field-office/milwaukee/location
Topic: Milwaukee EEOC Office information

Time Limit: Generally 300 days from the date of discrimination (180 days in some circumstances).

Dual-Filing: Charges filed with Wisconsin Equal Rights Division are automatically cross-filed with EEOC, and vice versa, for charges covered under both state and federal law.

Source: EEOC and Wisconsin DWD worksharing agreement
Available at: https://www.eeoc.gov/

EEOC Process:

Charge Filed: Employee files charge of discrimination
Employer Notification: EEOC notifies employer
Investigation: EEOC investigates allegations
Determination: EEOC determines whether reasonable cause exists
Conciliation: If reasonable cause found, EEOC attempts conciliation
Right to Sue: EEOC issues “Right to Sue” letter, allowing employee to file lawsuit

6.5 Filing OSHA Safety Complaints

When to File:

File OSHA complaints for:

Unsafe working conditions
Lack of required safety equipment
Retaliation for reporting safety concerns
Violations of OSHA standards

Where to File:

Occupational Safety and Health Administration (OSHA)
Milwaukee Area Office

310 West Wisconsin Avenue, Room 1180
Milwaukee, WI 53203

Phone: (414) 297-3315
Toll-Free: 1-800-321-OSHA (6742)
Online: https://www.osha.gov/workers/file-complaint

Source: U.S. Department of Labor, OSHA
Available at: https://www.osha.gov/contactus/bystate/WI/areaoffice
Topic: Wisconsin OSHA offices

Time Limit: File safety complaints as soon as possible. Retaliation complaints must be filed within 30 days of retaliatory action.

6.6 Filing Private Lawsuits

Employees may file private lawsuits in state or federal court for certain employment law violations.

When Private Lawsuit May Be Filed:

After receiving “Right to Sue” letter from EEOC (for federal discrimination claims)
For wage and hour violations (may be filed directly in court)
For breach of employment contract
For common law wrongful discharge (public policy exception)
For other employment-related legal claims

Advantages of Private Lawsuit:

May recover compensatory and punitive damages (not available in administrative proceedings)
Jury trial available
Greater potential remedies

Disadvantages:

Legal representation typically required
Higher costs and risks
Longer time to resolution

Statute of Limitations:

Varies by claim type:

Federal discrimination (after EEOC Right to Sue): 90 days from receipt of Right to Sue letter
Wage claims: 6 years under Wisconsin contract law
Employment contracts: 6 years
Wrongful discharge: Varies

Recommendation: Consult with employment attorney to evaluate options and deadlines.

Remote Work in Wisconsin

7.1 Overview of Remote Work in Wisconsin

Remote work, also called telecommuting or telework, refers to employment arrangements where employees perform job duties from locations other than the employer’s traditional workplace, commonly from home.

Wisconsin Law on Remote Work:

Wisconsin does not have comprehensive state statutes specifically governing remote work arrangements in the private sector.

Search conducted:

Wisconsin Legislature website: https://legislature.wisconsin.gov/
Wisconsin Department of Workforce Development website: https://dwd.wisconsin.gov/
Search terms: “remote work law”, “telecommuting statute”, “work from home requirements”
Date: January 15, 2026
Result: No Wisconsin statute establishes a right to remote work or mandates remote work policies for private employers

Federal Law: No federal law provides a general right to work remotely. Remote work is typically determined by employer policy and individual employment agreements.

Applicable Employment Laws:

All Wisconsin and federal employment laws apply to remote workers, including:

Minimum wage and overtime requirements
Anti-discrimination protections
Workers’ compensation coverage
Unemployment insurance eligibility
Family and medical leave rights
Workplace safety requirements
Reasonable accommodation obligations

Remote work location does not exempt employers or employees from compliance with employment laws.

7.2 Remote Work as a Reasonable Accommodation

Employees with disabilities may be entitled to remote work as a reasonable accommodation under the Americans with Disabilities Act (ADA) and Wisconsin Fair Employment Act.

When Remote Work May Be Required as Accommodation:

According to EEOC guidance, remote work may be a reasonable accommodation when:

Job duties can be performed effectively from home
Remote work eliminates barriers caused by disability
Accommodation does not impose undue hardship on employer
Employee can perform essential job functions remotely

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/laws/guidance/work-home-remote-work-reasonable-accommodation
Topic: Remote work as reasonable accommodation

Interactive Process Required:

Employers must engage in interactive process when employee requests remote work as accommodation:

Consider whether essential functions can be performed remotely
Evaluate whether remote work poses undue hardship
Consider trial period if uncertainty exists about effectiveness
Document discussion and determination

Employer Cannot Automatically Deny: Blanket policies prohibiting remote work may violate ADA if remote work would be effective accommodation for individual with disability.

7.3 Wage and Hour Considerations for Remote Workers

Minimum Wage and Overtime: Remote employees are entitled to minimum wage ($7.25/hour in Wisconsin as of 2026) and overtime pay (time-and-a-half for hours over 40 per week) under FLSA and Wisconsin law.

Time Tracking: Employers must:

Track all hours worked by non-exempt remote employees
Compensate for all time employee is suffered or permitted to work
Pay for work performed outside normal hours if employer knew or should have known work was performed

Compensable Travel Time: Travel from home to regular workplace is generally not compensable. However, travel between worksites during workday is compensable time.

Source: Fair Labor Standards Act regulations, 29 C.F.R. § 785
Available at: https://www.dol.gov/agencies/whd/flsa

Equipment and Expenses: Wisconsin law does not require employers to reimburse remote employees for home office expenses unless specified by employment agreement or policy.

7.4 Workers’ Compensation for Remote Workers

Wisconsin workers’ compensation law covers injuries arising out of and in the course of employment, including injuries to remote workers.

Coverage Applies When:

Injury occurs while performing work duties
Injury arises from work-related activity
Injury occurs during work hours (generally)

Employer Responsibilities:

Provide clear guidelines about remote workspace setup
Inform employees that workers’ compensation covers work-related injuries at home
Establish procedures for reporting remote work injuries

Source: Wisconsin Workers’ Compensation Act, Wisconsin Statutes Chapter 102
Available at: https://docs.legis.wisconsin.gov/statutes/statutes/102

7.5 Tax Implications for Remote Workers

Wisconsin Income Tax: Employees working remotely in Wisconsin are generally subject to Wisconsin income tax on wages earned.

Multi-State Situations: Employees working remotely in Wisconsin for out-of-state employers may have tax obligations in both states. Wisconsin requires:

Completion of Wisconsin Form WT-4 for Wisconsin withholding
Compliance with both state’s tax withholding requirements
Employees may need to determine whether reciprocity agreements apply

Source: Wisconsin Department of Revenue
Available at: https://www.revenue.wi.gov/
Topic: Income tax withholding

Employer Obligations: Employers must withhold Wisconsin income tax for employees working in Wisconsin, regardless of employer’s location.

7.6 Common Elements in Remote Work Arrangements

Elements Often Included in Employer Remote Work Policies:

1. Written Remote Work Policy Components

Eligibility criteria for remote work
Application and approval process
Hours of work and availability expectations
Equipment and technology requirements
Data security and confidentiality requirements
Performance expectations and evaluation
Termination of remote work arrangement

2. Employment Law Compliance Considerations

Wage and hour laws apply to remote workers
Equal employment opportunity requirements remain applicable
Anti-discrimination and anti-harassment policies extend to remote settings
Reasonable accommodation process applies to remote arrangements

3. Technology and Security Elements

Equipment provision or equipment policy establishment
Cybersecurity measures implementation
Employee training on data protection
Policies for handling confidential information

4. Documentation Elements

Written remote work agreements
Work location and schedule specifications
Modification and termination procedures
Employer and employee responsibility clarifications

Elements Employees Typically Address in Remote Work:

1. Remote Work Agreement Understanding

Work hours and availability requirements
Performance expectations
Equipment and expense reimbursement provisions
Conditions for continuing remote work

2. Workspace Considerations

Designated work area
Adequate lighting and ergonomics
Minimizing distractions during work hours

3. Work Hours Tracking

Recording all hours worked
Reporting overtime hours
Documenting work-related expenses if reimbursable

4. Employer Policy Compliance

Data security protocols
Confidentiality maintenance
Participation in required meetings and communications
Work-related injury reporting

7.7 Return-to-Office Mandates

Employer’s Right to Require On-Site Work:

In general, absent employment contract or collective bargaining agreement provisions, employers may:

Require employees to return to on-site work
Modify or terminate remote work arrangements
Establish policies regarding remote work eligibility

Exceptions:

Reasonable accommodation: Employees with disabilities may be entitled to continued remote work as accommodation
Contractual obligations: Employment agreements or policies may create enforceable rights to remote work
Collective bargaining agreements: Union contracts may establish remote work rights
Discrimination concerns: Return-to-office policies must be applied without discrimination

Advance Notice: Wisconsin law does not specify required notice periods for ending remote work arrangements. Employers who have established policies are generally expected to follow those policies.

7.8 Additional Remote Work Resources

For comprehensive information about remote work policies, tax implications, and legal considerations:

Wisconsin Department of Revenue
Website: https://www.revenue.wi.gov/
Topic: Income tax withholding for remote workers

U.S. Department of Labor
Website: https://www.dol.gov/
Topic: FLSA application to remote work

EEOC
Website: https://www.eeoc.gov/
Topic: Remote work as reasonable accommodation

2026 Updates and Recent Changes

8.1 Major Changes Effective in 2026

As of January 15, 2026, no major changes to Wisconsin employment law have taken effect for the 2026 calendar year.

Status of Wisconsin Employment Law in 2026:

Minimum Wage: Remains at $7.25 per hour (matching federal minimum wage), unchanged since July 24, 2009.

Overtime Requirements: Continue to require time-and-a-half pay for hours over 40 in a workweek.

Protected Classes: Wisconsin Fair Employment Act protections remain as established in Wisconsin Statutes Chapter 111, Subchapter II.

Family and Medical Leave: Both federal FMLA and Wisconsin FMLA continue with existing eligibility and leave entitlements.

Source: Wisconsin Department of Workforce Development
Verified: January 15, 2026
Available at: https://dwd.wisconsin.gov/

8.2 Monitoring Future Legislative Changes

How to Stay Informed:

1. Wisconsin Legislature Website
Website: https://docs.legis.wisconsin.gov/

Search for bills related to employment law
Track bills by subject matter (employment, labor, wages)
Review legislative session calendars

2. Wisconsin Department of Workforce Development
Website: https://dwd.wisconsin.gov/

Subscribe to email updates
Check for guidance documents and rule changes
Review workplace poster updates

3. Federal Agencies

U.S. Department of Labor: https://www.dol.gov/
EEOC: https://www.eeoc.gov/
OSHA: https://www.osha.gov/

8.3 Pending Federal Legislation

Federal employment law changes may affect Wisconsin employers and employees. Monitor:

Proposed minimum wage increases
Changes to overtime exemption thresholds
Amendments to anti-discrimination laws
Family and medical leave expansions
Changes to independent contractor classification rules

Source: U.S. Department of Labor and U.S. Congress websites
Available at: https://www.congress.gov/ for federal legislation tracking

8.4 Staying Current with Employment Law Changes

Workplace Poster Updates: Wisconsin Department of Workforce Development updates required workplace postings when laws change. Employers are required to display current versions of required posters.

Source: Wisconsin Department of Workforce Development
Available at: https://dwd.wisconsin.gov/dwd/workplace-posters/

Monitoring Resources: Employers and employees can monitor employment law changes through official government websites listed in Section 10.2.

Resources

10.1 Wisconsin State Agencies

Wisconsin Department of Workforce Development – Equal Rights Division

Primary Contact Information:

Madison Office:
P.O. Box 8928
Madison, WI 53708-8928

Phone: (608) 266-6860
Email: ERInfo@dwd.wisconsin.gov
Website: https://dwd.wisconsin.gov/er/

Milwaukee Office:
819 N. 6th Street, Room 723
Milwaukee, WI 53203

Phone: (414) 227-4384
Fax: (414) 227-4084

Services Provided:

Wage and hour complaint investigation
Employment discrimination complaint investigation
Family and medical leave complaint investigation
Labor standards enforcement
Workplace poster distribution
New hire reporting
Employment law guidance

Hours: Monday-Friday, 8:00 AM – 4:30 PM (Central Time)

Source: Wisconsin Department of Workforce Development
Available at: https://dwd.wisconsin.gov/er/
Last verified: January 15, 2026

Wisconsin Department of Revenue

Contact Information:

Mailing Address:
Wisconsin Department of Revenue
P.O. Box 8949
Madison, WI 53708-8949

Phone: (608) 266-2486
Website: https://www.revenue.wi.gov/

Services Provided:

Income tax withholding guidance
Employer tax obligations
Form WT-4 (Employee’s Wisconsin Withholding Exemption Certificate)

Source: Wisconsin Department of Revenue
Available at: https://www.revenue.wi.gov/
Last verified: January 2026

Wisconsin Legislature

Website: https://docs.legis.wisconsin.gov/

Services Provided:

Access to Wisconsin Statutes
Wisconsin Administrative Code
Bill tracking and legislative information
Session calendars and committee information

Source: Wisconsin Legislature
Available at: https://docs.legis.wisconsin.gov/

Wisconsin Department of Safety and Professional Services

Contact Information:

1400 E. Washington Avenue
Madison, WI 53703

Phone: (608) 266-2112
Website: https://dsps.wi.gov/

Services Provided:

Workplace safety (public employees)
Building codes and accessibility
Professional licensing

Source: Wisconsin Department of Safety and Professional Services
Available at: https://dsps.wi.gov/

10.2 Federal Agencies

U.S. Equal Employment Opportunity Commission (EEOC)

Milwaukee District Office:

Reuss Federal Plaza
310 West Wisconsin Avenue, Suite 800
Milwaukee, WI 53203-2292

Phone: (414) 297-1111
Toll-Free: 1-800-669-4000
TTY: 1-800-669-6820
Website: https://www.eeoc.gov/

File Charge Online: https://www.eeoc.gov/filing-charge-discrimination

Services Provided:

Federal discrimination complaint filing
Investigation of discrimination charges
Mediation services
Employment discrimination guidance

Hours: Monday-Friday, 8:00 AM – 4:30 PM (Central Time)

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/field-office/milwaukee/location

U.S. Department of Labor – Wage and Hour Division

Milwaukee District Office:

310 West Wisconsin Avenue, Suite 1180
Milwaukee, WI 53203

Phone: (414) 297-3585
Toll-Free: 1-866-4-USWAGE (1-866-487-9243)
Website: https://www.dol.gov/agencies/whd

Services Provided:

FLSA enforcement
Minimum wage and overtime guidance
Family and Medical Leave Act administration
Wage complaint investigation

Source: U.S. Department of Labor
Available at: https://www.dol.gov/agencies/whd/contact/local-offices#wi

Occupational Safety and Health Administration (OSHA)

Milwaukee Area Office:

310 West Wisconsin Avenue, Room 1180
Milwaukee, WI 53203

Phone: (414) 297-3315
Toll-Free: 1-800-321-OSHA (6742)
Website: https://www.osha.gov/

File Complaint: https://www.osha.gov/workers/file-complaint

Services Provided:

Workplace safety enforcement
Safety complaint investigation
Retaliation complaint investigation
Safety standards guidance

Source: U.S. Department of Labor, OSHA
Available at: https://www.osha.gov/contactus/bystate/WI/areaoffice

U.S. Citizenship and Immigration Services (USCIS)

Milwaukee Field Office:

517 East Wisconsin Avenue, Room 184
Milwaukee, WI 53202

Website: https://www.uscis.gov/

Form I-9 Information: https://www.uscis.gov/i-9
E-Verify: https://www.e-verify.gov/

Services Provided:

Form I-9 guidance
E-Verify information
Employment eligibility verification

Source: U.S. Citizenship and Immigration Services
Available at: https://www.uscis.gov/about-us/find-a-uscis-office/field-offices/wisconsin-milwaukee-field-office

U.S. Department of Labor – Office of Federal Contract Compliance Programs (OFCCP)

Chicago District Office (covers Wisconsin):

230 South Dearborn Street, Room 570
Chicago, IL 60604

Phone: (312) 596-7010
Toll-Free: 1-800-397-6251
Website: https://www.dol.gov/agencies/ofccp

Services Provided:

Federal contractor compliance
Affirmative action programs
Discrimination investigation (federal contractors)

Source: U.S. Department of Labor, OFCCP
Available at: https://www.dol.gov/agencies/ofccp/contact/office-locator

10.3 Key Publications and Forms

Wisconsin Department of Workforce Development Publications:

Workplace Poster Packet (Free download)
https://dwd.wisconsin.gov/dwd/workplace-posters/posters-download.htm
Fair Employment Law and Complaint Process (ERD-6061-P)
https://dwd.wisconsin.gov/er/civilrights/discrimination/complaintprocess.htm
New Hire Reporting Pamphlet (UCB-10677-P)
https://dwd.wisconsin.gov/dwd/publications/ui/newhire.htm
Discrimination Complaint Form (ERD-4206)
https://dwd.wisconsin.gov/dwd/forms/erd/erd-4206-e.htm

Federal Forms:

Form I-9, Employment Eligibility Verification
https://www.uscis.gov/i-9
Form W-4, Employee’s Withholding Certificate
https://www.irs.gov/forms-pubs/about-form-w-4
FMLA Forms and Notices
https://www.dol.gov/agencies/whd/fmla/forms

10.4 Legal Assistance Resources

Wisconsin Equal Rights Division Attorney Referral List

Available at: https://dwd.wisconsin.gov/er/civilrights/discrimination/attorneyreferral.htm

List of attorneys who handle employment law cases in Wisconsin. Contact law firms directly for information about fees and services.

Source: Wisconsin Department of Workforce Development
Available at: https://dwd.wisconsin.gov/er/civilrights/discrimination/attorneyreferral.htm

10.5 Additional Resources

Wisconsin State Law Library
Website: https://wilawlibrary.gov/
Legal research resources and employment law topics

Source: Wisconsin Court System official website

Frequently Asked Questions - Wisconsin Employment Law

1. What is employment law in Wisconsin?

Employment law in Wisconsin encompasses state and federal statutes, regulations, and case law governing the employment relationship. Wisconsin employment law covers wage and hour requirements, anti-discrimination protections, family and medical leave, workplace safety, and other aspects of the employer-employee relationship. The primary state statute is the Wisconsin Fair Employment Act contained in Wisconsin Statutes Chapter 111, Subchapter II.

Source: Wisconsin Statutes Chapter 111 and Wisconsin Department of Workforce Development guidance

2. What is the difference between labor law and employment law?

Employment law refers to the comprehensive legal framework governing individual employment relationships, including wages, discrimination protections, and workplace safety. Labor law specifically addresses collective bargaining, union organizing, and the relationship between employers and labor organizations. Wisconsin’s labor law framework is in the Wisconsin Employment Peace Act (Wisconsin Statutes Chapter 111, Subchapter I).

Source: Wisconsin Statutes Chapter 111, Subchapters I and II

3. Is Wisconsin an at-will employment state?

Yes, Wisconsin is an at-will employment state. This means either employers or employees may terminate the employment relationship at any time for any lawful reason. However, significant exceptions limit at-will employment, including employment contracts, public policy protections, anti-discrimination laws, and retaliation prohibitions.

Source: Wisconsin common law and case precedent established since the late nineteenth century

4. What is the minimum wage in Wisconsin in 2026?

The minimum wage in Wisconsin is $7.25 per hour as of 2026. This rate matches the federal minimum wage and has been unchanged since July 24, 2009. The opportunity wage for employees under age 20 is $5.90 per hour for the first 90 consecutive calendar days of employment. The tipped employee minimum wage is $2.33 per hour, provided tips plus hourly wages equal at least $7.25 per hour.

Source: Wisconsin Department of Workforce Development, available at https://dwd.wisconsin.gov/er/laborstandards/minimumwage.htm

5. Does Wisconsin require overtime pay?

Yes, Wisconsin law requires employers to pay overtime compensation at a rate of one and one-half times the employee’s regular rate of pay for hours worked in excess of 40 hours in a workweek. Wisconsin does NOT require daily overtime after 8 hours in a day. Certain employees are exempt from overtime requirements based on job duties and salary level.

Source: Wisconsin Administrative Code DWD § 274.03 and Fair Labor Standards Act, 29 U.S.C. § 207

6. Are meal and rest breaks required in Wisconsin?

No, Wisconsin does NOT require employers to provide meal periods or rest breaks for adult employees. Federal law also does not mandate breaks. If employers voluntarily provide breaks, short breaks (5-20 minutes) must be paid, while bona fide meal periods (30+ minutes) may be unpaid if employee is completely relieved from duty.

Verification: Search of Wisconsin Legislature and DWD websites conducted January 15, 2026, found no Wisconsin statute mandating breaks

7. What are my rights as an employee in Wisconsin?

Wisconsin employees have the right to receive at least minimum wage, overtime compensation (if non-exempt), timely wage payment, protection from unlawful discrimination, reasonable accommodation for disabilities, family and medical leave (if eligible), safe working conditions, and protection from retaliation for exercising legal rights. Employees may file complaints with the Wisconsin Department of Workforce Development or EEOC for violations.

Source: Wisconsin Fair Employment Act, Wisconsin labor standards laws, and federal employment laws

8. Can my employer fire me for any reason in Wisconsin?

Under Wisconsin’s at-will employment doctrine, employers generally may terminate employees for any lawful reason. However, employers CANNOT fire employees for unlawful reasons including discrimination based on protected classes, retaliation for exercising legal rights, refusing to violate the law, or taking protected leave. Employment contracts or collective bargaining agreements may provide additional protections.

Source: Wisconsin at-will employment doctrine and exceptions under Wisconsin Statutes Chapter 111

9. How do I file a discrimination complaint in Wisconsin?

File discrimination complaints with the Wisconsin Department of Workforce Development Equal Rights Division within 300 days of the discriminatory action. File online at https://dwd.wi.gov/er/complaints/ or submit paper form ERD-4206 by mail or fax. Complaints may also be filed with the federal EEOC within 300 days. Wisconsin and federal agencies cross-file charges covered under both state and federal law.

Source: Wisconsin Department of Workforce Development, available at https://dwd.wisconsin.gov/er/civilrights/discrimination/complaintprocess.htm

10. Can I request remote work as a reasonable accommodation in Wisconsin?

Yes, under the Americans with Disabilities Act and Wisconsin Fair Employment Act, remote work may be a reasonable accommodation for employees with disabilities when job duties can be performed effectively from home and remote work does not impose undue hardship. Employers must engage in interactive process to evaluate remote work accommodation requests. Blanket policies prohibiting remote work may violate disability discrimination laws.

Source: EEOC guidance on remote work as reasonable accommodation and Wisconsin Fair Employment Act

11. What are employer obligations in Wisconsin?

Wisconsin employers must post required workplace notices, report new hires within 20 days, complete Form I-9 for all employees, pay wages at least monthly, maintain accurate payroll records, provide reasonable accommodations for disabilities, comply with anti-discrimination laws, allow eligible employees to take family and medical leave, maintain safe workplaces, and follow all applicable wage and hour requirements.

Source: Wisconsin Statutes and Wisconsin Department of Workforce Development guidance

12. What workplace posters are required in Wisconsin?

Wisconsin employers must display workplace posters from the Wisconsin Department of Workforce Development, including Wisconsin Fair Employment Law, Minimum Wage, Wage Payment Law, Overtime, One Day of Rest, Family and Medical Leave, Workers’ Compensation, Unemployment Insurance, and other required notices. Federal posters (EEOC, FLSA, OSHA, FMLA) are also required. Free posters available at https://dwd.wisconsin.gov/dwd/workplace-posters/.

Source: Wisconsin Department of Workforce Development

13. How long must employers keep employment records in Wisconsin?

Employers must retain payroll records for at least 3 years under federal law. Personnel records should be retained for at least 3 years after employment ends (longer for certain records). Medical and accommodation records must be kept in separate confidential files. Form I-9 must be retained for 3 years after hire or 1 year after employment ends, whichever is later.

Source: Fair Labor Standards Act regulations, 29 C.F.R. § 516, and Wisconsin Statutes § 103.13

14. Does Wisconsin require paid sick leave?

No, Wisconsin does NOT have a state law requiring private employers to provide paid sick leave. If employers voluntarily provide paid sick leave, they must follow their stated policies. Eligible employees may take unpaid leave under federal FMLA or Wisconsin FMLA for serious health conditions.

Verification: Search of Wisconsin Legislature and DWD websites conducted January 15, 2026, found no statute mandating paid sick leave

15. What protections exist for remote workers in Wisconsin?

Remote workers in Wisconsin are protected by all applicable state and federal employment laws, including minimum wage and overtime requirements, anti-discrimination protections, reasonable accommodation rights, family and medical leave rights, and workers’ compensation coverage. Remote work may be required as reasonable accommodation for employees with disabilities. Employers cannot discriminate in remote work policies based on protected characteristics.

Source: Wisconsin and federal employment laws apply regardless of work location

Others

Legal Disclaimer: Nature of This Compilation This document is a compilation of publicly available information from official government sources. It is NOT: Legal advice An interpretation of laws or regulations A substitute for consultation with a licensed attorney A comprehensive treatment of all applicable laws Guaranteed to be complete or current

Wisconsin Employment Law 2026

⚠️Informational only — not legal or tax advice.

Table of Contents

Introduction

Employment Law Framework in Wisconsin

1.1 At-Will Employment Doctrine in Wisconsin

1.2 Exceptions to At-Will Employment

Exception 1: Employment Contracts

Exception 2: Public Policy Exception

Exception 3: Statutory Anti-Discrimination Protections

Exception 4: Retaliation Protections

1.3 Labor Law vs. Employment Law: Understanding the Distinction

1.4 Right-to-Work Status in Wisconsin

Employee Rights in Wisconsin

2.1 Wage and Hour Rights

Minimum Wage in Wisconsin (2026)

Tipped Employee Minimum Wage

Overtime Requirements

Meal and Rest Break Requirements

Final Paycheck Requirements

Permissible Wage Deductions

Employee Rights Summary

2.2 Paid Sick Leave

2.3 Family and Medical Leave

Federal Family and Medical Leave Act (FMLA)

Wisconsin Family and Medical Leave Act (WFMLA)

Important Differences:

Discrimination Laws in Wisconsin

3.1 Overview of Anti-Discrimination Protections

3.2 Protected Classes Under Wisconsin Law

3.3 Federal Protected Classes

3.4 Types of Prohibited Discrimination

3.5 Sexual Harassment

3.6 Harassment Based on Other Protected Classes

3.7 Harassment Training Requirements

Reasonable Accommodations

4.1 Disability Accommodation Requirements

4.2 What Is a Reasonable Accommodation?

4.3 The Interactive Process

4.4 Undue Hardship Exception

4.5 Religious Accommodations

4.6 Pregnancy Accommodations

4.7 Accommodation Request Process

4.8 Employer Legal Obligations for Accommodations

Employer Obligations in Wisconsin

5.1 Required Workplace Postings

5.2 New Hire Reporting

5.3 Form I-9 Employment Eligibility Verification

5.4 Recordkeeping Requirements

5.5 Wage Payment Requirements

Filing Complaints

6.1 Grounds for Filing Complaints

6.2 Filing Wage Claims with Wisconsin Department of Workforce Development

6.3 Filing Discrimination Complaints with Wisconsin Equal Rights Division

6.4 Filing with Federal Equal Employment Opportunity Commission (EEOC)

6.5 Filing OSHA Safety Complaints

6.6 Filing Private Lawsuits

Remote Work in Wisconsin

7.1 Overview of Remote Work in Wisconsin

7.2 Remote Work as a Reasonable Accommodation

7.3 Wage and Hour Considerations for Remote Workers

7.4 Workers’ Compensation for Remote Workers

7.5 Tax Implications for Remote Workers

7.6 Common Elements in Remote Work Arrangements

7.7 Return-to-Office Mandates

7.8 Additional Remote Work Resources

2026 Updates and Recent Changes

8.1 Major Changes Effective in 2026

8.2 Monitoring Future Legislative Changes

8.3 Pending Federal Legislation

8.4 Staying Current with Employment Law Changes

Resources

10.1 Wisconsin State Agencies

10.2 Federal Agencies

10.3 Key Publications and Forms

10.4 Legal Assistance Resources

10.5 Additional Resources

Frequently Asked Questions - Wisconsin Employment Law

1. What is employment law in Wisconsin?

2. What is the difference between labor law and employment law?