Wisconsin Minimum Wage: Current Rate & Scheduled Increases

The federal minimum wage is $7.25 per hour, established by the Fair Labor Standards Act (FLSA), 29 U.S.C. § 206. This law applies to all employers engaged in interstate commerce with gross annual revenues exceeding $500,000, plus certain other employers such as schools, hospitals, and government agencies. The FLSA covers employees who work in covered employment, including most private sector and government workers.

The federal minimum wage applies to all hours worked and must be paid in cash or check. Employers cannot use tip credits to reduce the minimum wage below $7.25 per hour unless the employee is a tipped employee (defined as earning more than $30 per month in tips), in which case the employer may pay $2.13 per hour in direct wages if tips bring the total to at least $7.25 per hour. If tips do not reach that threshold, the employer must make up the difference.

Federal law also provides exemptions for certain workers, including employees under age 20 (who may earn $4.25 per hour for the first 90 days), full-time high school and college students (who may earn 85% of the minimum wage under a certificate program), apprentices, and workers with disabilities who have been approved for a special subminimum wage certificate. The U.S. Department of Labor (DOL) enforces the FLSA, and employees can file complaints with the DOL's Wage and Hour Division or pursue private litigation for unpaid minimum wages, including back pay and liquidated damages (double damages) in many cases.

Wisconsin has not enacted a state minimum wage that exceeds the federal minimum wage of $7.25 per hour. Instead, Wisconsin employers are governed by the federal minimum wage under the Fair Labor Standards Act, as incorporated into Wisconsin law through Wisconsin Statutes § 104.02, which requires employers to pay at least the minimum wage and overtime compensation as required by federal law.

Because Wisconsin has no state minimum wage higher than the federal rate, Wisconsin employers must comply only with the $7.25 federal minimum. This means Wisconsin is a "floor" state—the federal minimum applies, and there is no additional state protection above that level. Wisconsin does not provide wage protections stronger than the FLSA in this area. However, Wisconsin does have other wage and hour protections, such as requirements for final paychecks and prohibitions on wage deductions.

Under Wisconsin law, most employees are covered by these minimum wage protections if they are employed by a covered employer. The Wisconsin Department of Safety and Professional Services (DSPS) has jurisdiction to receive and investigate wage claims under Wisconsin Statutes § 109.03. Employees can file a wage claim with DSPS if they believe they have not been paid the required minimum wage. Wisconsin's wage claim process allows workers to recover unpaid wages without filing a lawsuit, making it an accessible remedy for wage violations.

Wisconsin law does not provide additional exemptions beyond those in federal law, so apprentices, students, and workers with disabilities may only be paid subminimum wages if they meet the federal exemption criteria and the employer has obtained the required federal certificate. Unlike some states, Wisconsin has not implemented a separate tipped minimum wage; employers must still ensure tipped employees receive at least $7.25 per hour in combined wages and tips.

Wisconsin employers are not required to pay above the $7.25 federal minimum wage, and no additional state minimum wage above that floor exists. However, certain federal exemptions apply in Wisconsin, allowing subminimum wages in limited circumstances. Employees under age 20 may be paid $4.25 per hour for their first 90 calendar days of employment with any employer, after which they must receive the full $7.25 minimum wage.

Full-time students employed by their school, a work-study employer, or certain retail or service establishments may be paid 85% of the federal minimum wage (approximately $6.16 per hour) under a federal student wage certificate. Similarly, apprentices and workers participating in registered apprenticeship programs may be paid subminimum wages if their employer holds a federal apprentice wage certificate issued by the U.S. Department of Labor. Employees with disabilities may receive subminimum wages only if the employer has obtained a Special Wage Certificate for Workers with Disabilities (Section 14(c) certificate), which is increasingly difficult to obtain and is being phased out.

Tipped employees are not exempt from the minimum wage; employers must ensure that the combination of direct wages and tips equals at least $7.25 per hour. If tips do not reach that amount, the employer must make up the difference. Additionally, certain employees may be classified as exempt from minimum wage requirements under the FLSA's white-collar exemptions (executive, administrative, and professional employees), but these exemptions have strict salary and duties tests and are narrowly construed. Volunteers and certain trainees may not be entitled to minimum wage, but this depends on the employment relationship and nature of the work. Finally, some very small employers or specific industries (such as agriculture or domestic service in certain contexts) may have limited coverage, though most Wisconsin employers are covered by the FLSA.

Step 1: Document the Violation. Keep detailed records of all hours worked, including the dates, times, and tasks performed. Retain pay stubs, time records, and any written communications from your employer regarding your wage rate. If you were paid less than $7.25 per hour (or the applicable minimum for your situation), note the hourly rate paid, the dates the underpayment occurred, and how the shortfall was calculated. Take screenshots of electronic timekeeping records and save copies of emails or messages about your wages. Document any employer statements that they were paying you less than minimum wage intentionally.

Step 2: File an Internal Complaint. Before pursuing external remedies, consider raising the issue with your employer's human resources department or management in writing. Send an email or letter documenting the wage violation, citing the minimum wage requirement ($7.25/hour in Wisconsin), and requesting correction and back pay. Keep a copy of your complaint for your records. However, note that Wisconsin is an at-will employment state, and your employer cannot legally retaliate against you for reporting wage violations; if retaliation occurs, you have additional legal claims. Internal complaints may result in quick resolution, but do not delay filing an external claim if the employer does not respond promptly.

Step 3: File a Wage Claim with Wisconsin DSPS or the Federal DOL. You have two options: (1) File a wage claim with the Wisconsin Department of Safety and Professional Services (DSPS), Wage and Hour Bureau, at the address listed on the DSPS website (dsps.wi.gov). The claim should include your name and contact information, your employer's name and address, the dates the violation occurred, the hourly wage you were paid, the minimum wage you should have been paid, and a calculation of the total underpayment. There is no statutory filing deadline, but file promptly to avoid potential statute of limitations issues. (2) File a complaint with the U.S. Department of Labor (DOL) Wage and Hour Division at www.dol.gov/agencies/whd or by calling 1-866-4-USWAGE (1-866-487-9243). The DOL will investigate at no cost to you.

Step 4: Investigation and Resolution. Once you file with DSPS, the agency will investigate your claim by contacting your employer, requesting payroll records, and interviewing witnesses if necessary. The investigation typically takes 30–90 days, depending on complexity. The DOL investigation follows a similar process and may take several months. During the investigation, do not discuss your complaint with coworkers unless necessary, and do not destroy any records. Your employer will have an opportunity to respond to the allegations. If the investigation confirms the violation, the agency will attempt to recover unpaid wages (back pay) and may pursue penalties or citations against the employer.

Step 5: Consult an Attorney if Necessary. If the DSPS or DOL investigation does not resolve your claim satisfactorily, or if you believe you have suffered retaliation, consult an employment lawyer. Many employment lawyers work on contingency, meaning they take a percentage of your recovery rather than charging upfront fees. You can also file a private lawsuit under the FLSA to recover unpaid minimum wages, liquidated damages (an amount equal to the unpaid wages), and attorney's fees. Wisconsin does not have a separate state private right of action for minimum wage violations, so federal law is your primary remedy in private litigation. An employment attorney can help you understand your options and represent you in negotiations or court proceedings.