Wisconsin Labor Laws and Lawyers

Labor laws include a broad body of regulations, rules, and laws in employment settings. The primary goal of labor laws is to protect the rights of employees.

Common examples of labor law dispute issues include:

• Collective bargaining negotiation with union employees;
• Discrimination and harassment;
• Family Medical Leave Act (FMLA) leave;
• Wrongful termination; and
• Worker’s compensation.

It is important to note that the term labor law is interchangeable with the term employment law. These two areas of law cover the same issues and topics.

Labor lawyers may also be called employment lawyers. However, individuals typically refer to a lawyer involved in union dispute cases as a labor lawyer.

The administrative agency that hears disputes between unions and employers is the National Labor Relations Board (NLRB). The NLRB determines what union will represent a group of employees.

Employment and labor laws govern the interactions between employers and employees. Typically, there are 2 broad categories of employees, at-will employees or contingent workers, for example, contract workers.

In most states, the laws provide that employment is considered at will. At-will employment means that an employer is permitted to terminate an employee from their position for any reason, as long as that reason is not illegal.

The employment laws in each state also regulate issues related to employment contracts. This includes any clauses employers or employees may find in their employment contract.

An employer of an at will employee can terminate their position at any time, with or without providing notice. In most cases, the employment contract will specify that an employee is an at will employee.

If, however, a contract is silent on the issue of the employee’s status and that employee is terminated without reason, the employee can argue that their termination was wrongful. The employee may then argue that they were only allowed to be terminated for a good cause according to their contract.

Employment contracts are agreements between employers and employees that outline the basic responsibilities of the employee. An employment contract is deemed binding when the employee signs it.

There are different types of employment contracts that an employee may be required to sign, including:

• A confidentiality agreement: This type of agreement provides that an employee will not share any proprietary information that they know about the company;
• A non-compete agreement: This type of agreement provides that an employee agrees that, for a certain period after their employment ends, they will not work for a competing business or take away any of the company’s customers;
• An arbitration agreement: Under this type of agreement, the employee agrees to arbitrate any disputes that arise with the employer rather than going to court; and
• A termination agreement: This agreement provides that an employer can terminate an employee for any reason.

Employees should always carefully read and review any employment contract before signing it. They should also consider seeking the assistance of a lawyer who can review the contract and advise the employee on any issues they should consider before signing the employment contract.

What Are the Labor Laws of Wisconsin?

The government of the State of Wisconsin has passed several laws that govern the employer-employee relationship. Generally, these laws are less favorable to employees than those offered in many other states.

If an individual believes their employer has violated a state or federal employment law, they should contact a labor lawyer immediately.

What about Part-time vs. Full-time Employment?

The State of Wisconsin generally does not define part-time and full-time employment status. However, it is important to note that an employee must typically work more than 40 hours during a work week to qualify for overtime pay.

What is Minimum Wage in Wisconsin?

As of 2023, the minimum wage in Wisconsin is set at $7.25. However, it is important to note that there are exceptions to this amount.

For example, if an employee is a tipped employee, they are protected by a minimum wage rate of $2.33. The State of Wisconsin also has a category of employees called opportunity employees.

Opportunity employees are under the age of 20 and have been employed for less than 90 days. Opportunity employees are protected by the lower minimum wage rate noted above.

In general, an opportunity employee will only be protected by a minimum wage rate of $5.90. If the employee is categorized as a tipped opportunity employee, the minimum wage rate is $2.13.

What is Overtime in Wisconsin?

An employee covered by overtime laws in Wisconsin must be paid time and a half of their regular pay rate for all hours they work over 40 hours per week. Similar to many other states, however, this rule has many exceptions.

Examples of employees who are exempt from overtime protections include:

• Salaried executives, administrative employees, and other professionals,
• Outside salespersons,
• Certain employees of retail and service establishments paid by commission,
• Certain transportation employees, including taxi drivers,
• Agricultural employees, and
• Certain computer professionals.

There are also other categories of exempt employees. If an individual believes they qualify for overtime pay in Wisconsin but have not received it, they should consult with an attorney.

What is Discrimination in Wisconsin?

Under the laws of Wisconsin, it is unlawful for an employer to discriminate against an employee, including job applicants, based on any of the following:

• Age;
• Ancestry;
• Arrest and conviction record;
• Color;
• Creed;
• Disability;
• Genetic testing;
• Honesty testing;
• Marital status;
• Military service;
• National origin;
• Pregnancy or childbirth;
• Race;
• Sex; and
• Sexual orientation.

The laws in Wisconsin also prevent an employer from discriminating based on an employee’s use or nonuse of a lawful product off of the business premises during non-working hours, for example, the use of alcohol. Wisconsin law also protects employees who have filed a harassment complaint against their employer.

An employer is not permitted to retaliate against an employee for:

• Filing a complaint;
• Assisting with a complaint; or
• Opposing discrimination in the workplace.

What About Paid Vacation, Health Coverage and Other Benefits?

The State of Wisconsin generally does not mandate that an employer provide any specific benefits to their employees. However, employers may be required to provide additional benefits under federal law.

In addition, employees may be entitled to benefits under their employment agreement. Questions and concerns may be addressed to a qualified labor law attorney who can provide guidance and advice regarding benefits.

Where Can I Find the Right Lawyer to Help Me?

If you are an employee in Wisconsin and believe your employer has violated an employment law, it is important to consult with a local Wisconsin labor lawyer as soon as possible. Your lawyer can advise you of the specific laws in Wisconsin that apply to your situation and provide guidance for the steps you should take to obtain a remedy for your issue.

In addition, your lawyer can advise you on what agency or agencies you may be required to file a complaint with to resolve your employment issue and assist you with filing the complaint. If an agency does not resolve your issue, your lawyer can assist you with filing a private lawsuit against your employer. Your attorney can also keep you updated if there are any changes to Wisconsin labor laws that might affect your case.