Filing a Department of Labor Complaint in Wisconsin

The federal Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., establishes minimum wage, overtime, wage deduction, and record-keeping requirements for employers with employees engaged in interstate commerce. The federal Occupational Safety and Health Act (OSH Act), 29 U.S.C. § 651 et seq., requires employers to provide safe working conditions free from recognized hazards. The U.S. Department of Labor Wage and Hour Division enforces FLSA claims, while the federal Occupational Safety and Health Administration (OSHA) enforces workplace safety standards.

Federal law covers most employers with employees engaged in interstate commerce, though small employers with fewer than 2 employees may be exempt from certain provisions. The FLSA prohibits wage theft, illegal deductions, and failure to pay overtime at one and one-half times the regular rate for hours over 40 per week. The OSH Act applies to employers with one or more employees in any state except those with OSHA-approved state plans.

Federally, employees can file wage complaints with the DOL Wage and Hour Division (USDOL Wage and Hour), while workplace safety complaints go to OSHA. Federal law allows for back wages, liquidated damages equal to unpaid wages, civil penalties, and injunctive relief. The federal statute of limitations for FLSA claims is generally 2 years, or 3 years for willful violations.

Wisconsin's wage and hour law is governed primarily by Wisconsin Statute § 109.03, which establishes state minimum wage, wage payment timing, and wage deduction prohibitions. Wisconsin's minimum wage as of 2024 is $7.25 per hour, matching the federal minimum wage rate. However, Wisconsin law is generally weaker than federal law because it does not have a standalone state overtime requirement—employers only must comply with federal FLSA overtime rules if they are covered by federal law.

Under Wisconsin Statute § 109.03, employers must pay all earned wages at least weekly (or more frequently if agreed), and wage deductions are prohibited except those required by law or authorized in writing by the employee. Employees must be paid for all hours worked, including time spent on call-site, travel between job sites, and meal breaks if work duties are performed. Wisconsin law covers most employers with employees in the state, even if not engaged in interstate commerce.

Wisconsin Statute § 109.11 establishes a 3-year statute of limitations for wage and hour claims, matching federal willful violation standards. This is longer than the federal 2-year standard for non-willful violations. Wisconsin law does not provide for overtime premiums beyond federal FLSA requirements, making it less protective than states with state-specific overtime rules. Wisconsin does, however, provide statutory damages and attorney fees under § 109.11 if an employer violates wage payment laws.

For workplace safety, Wisconsin has an OSHA-approved state plan under Wisconsin Statute Chapter 101, covering both public and private sector employers. Wisconsin OSHA applies the same standards as federal OSHA but handles investigation and enforcement of safety complaints within Wisconsin. The Wisconsin Department of Safety and Professional Services administers state OSHA.

Wisconsin law contains several important exceptions and limitations. First, certain employees are exempt from minimum wage and overtime requirements under both state and federal law, including independent contractors, some agricultural workers (under limited circumstances), certain trainees, and workers in narrowly defined professional and executive roles. At-will employment still applies in Wisconsin—wage law protections do not prevent an employer from terminating an employee for any non-discriminatory reason.

Second, Wisconsin does not require overtime pay beyond federal FLSA standards. This means Wisconsin employers are only required to pay overtime if they meet federal FLSA coverage thresholds and the employee is not exempt under federal regulations. Employers in industries with federal exemptions (such as motor carriers under Department of Transportation regulations) may be exempt from certain wage requirements.

Third, wage deductions that are required by law (such as taxes, child support, garnishments) or explicitly authorized in writing by the employee are not prohibited under Wisconsin Statute § 109.03. However, deductions that reduce wages below minimum wage are illegal. Fourth, collective bargaining agreements may establish wages and hours different from statutory minimums in some limited circumstances, though they cannot be lower than the legal minimum.

Fifth, employers may have valid defenses to wage claims, including good-faith errors in wage calculation, bankruptcy proceedings, or worker misclassification disputes. Wisconsin courts have recognized the "primary beneficiary test" for determining employee status versus independent contractor status. Finally, Wisconsin Statute § 101.03 provides employer defenses to OSHA citations if the hazard was unknown despite reasonable due diligence or if the citation involves a de minimis violation.

Step 1 — Document Everything: Keep detailed records of all hours worked, including start and end times, meal breaks, on-call time, and any unpaid work. Save pay stubs showing gross pay, deductions, and net pay for at least 3 years. Take screenshots or photos of time-tracking systems, emails requesting work after hours, or messages about unpaid tasks. Write down dates, times, and witnesses to any wage violations or unsafe conditions. For safety violations, photograph hazards, note the location and date, and identify any witness employees.

Step 2 — File an Internal Complaint (Recommended but Optional): Before filing externally, send a written email to your employer's HR department or payroll manager describing the wage violation or unsafe condition with specific dates and amounts owed. Request a written response within 5 business days. Keep a copy of this email and any response. This creates a documented record and gives the employer a chance to correct the violation. For safety issues, report the hazard to your supervisor or safety department in writing if possible.

Step 3 — Choose Your Filing Agency and Submit Your Complaint: For wage violations, file with either Wisconsin DSPS (state-level) or the federal DOL Wage and Hour Division (federal-level). Wisconsin DSPS Wage and Hour Bureau: P.O. Box 8949, Madison, WI 53708; phone (608) 266-6820; www.dsps.wi.gov/industry/wage-and-hour. Federal DOL Wage and Hour Division, Milwaukee District Office: 310 W. Wisconsin Avenue, Suite 500, Milwaukee, WI 53203; phone (414) 297-1032; www.dol.gov/agencies/whd. You can file online at the federal site or by mail/phone with the state. Include your name, contact information, employer name and address, dates of violations, amount of unpaid wages, and a detailed description of what happened.

For workplace safety violations, file with Wisconsin OSHA (for most private and public employers) at the Wisconsin Department of Safety and Professional Services, 1 South Pinckney Street, Suite 400, Madison, WI 53703; phone (608) 266-3151; www.dsps.wi.gov/Safety. File within 30 days of discovering the hazard. Federal OSHA also accepts complaints at 1-800-321-OSHA (6742) or www.osha.gov. No filing fee is required.

Step 4 — Expect the Investigation Process: The Wisconsin DSPS or federal DOL will assign an investigator to your case within 2-4 weeks. The agency will contact your employer and request payroll records, time sheets, and wage documentation. Investigators typically conduct an interview with you (by phone or in person) within 1-3 weeks. The employer will be given an opportunity to respond. The full investigation typically takes 30-90 days, though complex cases may take longer. You will receive a written determination letter explaining whether a violation was found and what remedy (if any) will be ordered. If wages are owed, the agency may order the employer to pay back wages, plus interest (calculated at the legal rate under Wisconsin Statute § 427.104), and penalties (up to 25% of unpaid wages under Wisconsin Statute § 109.11).

Step 5 — Consult an Attorney if Needed: If the agency finds in your favor but the employer refuses to pay, or if the investigation is delayed beyond 120 days without explanation, contact an employment attorney. Many Wisconsin employment lawyers work on contingency for wage theft cases. If you believe you were retaliated against for filing a complaint, consult an attorney immediately—Wisconsin protects employees from retaliation under Wisconsin Statute § 109.12. An attorney can file a private lawsuit in Wisconsin circuit court and seek additional damages including attorney fees and court costs.