Temporary Worker Rights in Wisconsin: What You Are Entitled To

Under federal law, temporary workers are entitled to protections under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 206, which guarantees minimum wage (currently $7.25 per hour) and overtime pay at 1.5 times regular wages for hours worked over 40 per week. The EEOC enforces Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, which prohibits employment discrimination based on race, color, religion, sex, or national origin for employers with 15 or more employees. Temporary workers are also covered by the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., which requires reasonable accommodations for qualified individuals with disabilities.

The Occupational Safety and Health Act (OSHA), 29 U.S.C. § 654, requires employers to provide safe working conditions for temporary workers the same as permanent employees. Temporary workers may also be covered by the Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601, if they work for a covered employer with 50+ employees and have worked there for 12 months. Age discrimination protection under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 623, applies to workers 40 and older at covered employers with 20+ employees. The EEOC enforces federal protections, and the U.S. Department of Labor enforces wage and hour standards.

Wisconsin Statute § 104.02 establishes that temporary workers must receive at least the Wisconsin minimum wage, which as of 2024 is $7.25 per hour (matching the federal minimum). Wisconsin Statute § 104.10 requires overtime pay at one and one-half times the regular wage for all hours worked over 40 per week in any workweek, with no state-specific exemptions for temporary workers. Unlike some states, Wisconsin does not have a statute specifically defining or protecting temporary workers as a distinct employment category.

Under Wisconsin's Fair Employment Act (Wisconsin Statute § 111.31 et seq.), temporary workers receive the same discrimination protections as permanent employees based on race, color, creed, sex, sexual orientation, gender identity, national origin, handicap, marital status, veteran status, or age (40 and older). Wisconsin includes sexual orientation and gender identity as protected classes, which is broader than Title VII. The Wisconsin Equal Rights Division within the Department of Safety and Professional Services enforces these protections.

Wisconsin Statute § 102.03 provides that temporary workers are covered by workers' compensation regardless of employment classification or length of service. This is a broader protection than some states require. Wisconsin Statute § 101.01 et seq. establishes workplace safety standards that apply equally to temporary workers. Temporary workers may be classified as at-will employees under Wisconsin law, meaning they can be terminated without cause, but they retain all substantive employment rights including minimum wage, overtime, discrimination protection, and workers' compensation. Wisconsin has no statute creating implied contracts or good-faith duties that would override at-will employment for temp workers.

Wisconsin's at-will employment doctrine is the default rule for temporary workers, meaning employers can terminate employment without cause or notice unless an exception applies. The primary exceptions are: (1) termination based on a protected characteristic under Wisconsin Statute § 111.31 (discrimination), (2) termination in violation of public policy (e.g., retaliation for jury duty, workers' compensation claim, or unsafe conditions report), (3) termination for exercising rights under the Fair Labor Standards Act, and (4) termination in violation of federal law.

Temporary workers classified as independent contractors are not covered by these protections; however, Wisconsin applies a strict three-part test (control, integration, and right to profit or loss) to determine contractor status, and misclassification is common. Temporary workers on temporary assignment through a staffing agency may have split liability where both the agency and the end-user employer may be responsible for wage and hour violations, but the agency is the primary employer of record for workers' compensation and payroll purposes.

Union members covered by collective bargaining agreements may have additional procedural rights (e.g., just-cause requirements for termination) that override at-will status, but Wisconsin is a right-to-work state under Wisconsin Statute § 111.04, so union membership is voluntary. Temporary workers in the agricultural sector may have limited protections under some state laws, though federal wage and hour law still applies. Probationary periods do not eliminate at-will status or substantive employment rights.

Step 1: Document everything. Keep copies of paystubs, timesheets, work schedules, and any communications about your assignment. Record dates, times, and witnesses to wage violations (unpaid hours, incorrect pay rates), discriminatory comments, or unsafe conditions. Take screenshots of emails and save text messages. Note the duration of your assignment and any promises made about pay or job security. This documentation is critical for proving violations and damages.

Step 2: File an internal complaint if possible. Report the violation to the temp agency (your employer of record) and to the end-user employer's HR or management in writing (email is acceptable). Keep copies of all complaints and responses. Internal complaints are not required in Wisconsin, but they create a paper trail and may prompt resolution. Complaining in good faith does not waive your legal rights; retaliation for complaints is illegal under federal law (FLSA, Title VII) and Wisconsin law (Statute § 111.31).

Step 3: File a complaint with the appropriate agency. For wage and hour violations (unpaid wages, minimum wage, overtime), file with the U.S. Department of Labor Wage and Hour Division (WHD) at www.dol.gov/agencies/whd or call 1-866-4-USDOL (1-866-487-3652). No filing fee is required, and you have three years to file (two years for liquidated damages). You must provide your name, contact information, employer and end-user employer names and addresses, dates of employment, description of violation, and amounts owed if known.

For discrimination complaints (race, color, creed, sex, sexual orientation, gender identity, national origin, disability, age, marital status, or veteran status), file first with the Wisconsin Equal Rights Division (ERD) at https://dsps.wi.gov/equal-rights or call 608-266-6860. Filing deadline is 300 days from the discriminatory act. You must provide your name, the respondent employer's name and address, description of the discrimination, dates, and witnesses. ERD will investigate at no cost. After ERD issues findings (typically 120-180 days), you may file a charge with the EEOC within 30 days if the state agency dismisses your claim without finding reasonable cause.

Step 4: Expect an investigation. For wage claims, WHD will contact your employer and end-user employer, request records, and may conduct interviews. The process typically takes 3-6 months. For discrimination claims, ERD will investigate and issue a determination letter; if reasonable cause is found, ERD will attempt conciliation. If conciliation fails, you may file an administrative complaint or proceed to civil court. Do not sign settlement agreements without legal review.

Step 5: Consult an employment attorney if the violation is significant (back wages of $5,000+, discrimination, or retaliation). Most employment lawyers work on contingency (no upfront fee; attorney takes a percentage of recovery). Contact the State Bar of Wisconsin (www.wisbar.org) for referrals. If you cannot afford an attorney, contact Wisconsin Legal Services (legal aid) at www.wislegalservices.org or 888-838-8600. An attorney can negotiate with the employer, file suit, and recover attorney's fees and damages.