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Hours Of Work and Overtime

Section 103.01-.03 of the Wisconsin Statutes authorizes the department to make administrative rules regarding what constitutes "overtime" in Wisconsin. These rules are found at Chapter DWD 274 of the Wisconsin Administrative Code.

Wisconsin’s overtime law applies to most employment in the State. It does not apply to most non-profit organizations. It does apply, however, to those employees who work in retail stores, restaurants or hotels, even if employed by non-profit organizations. It does not apply to household employment of domestic service workers or companions if the household itself employs them. Those types of workers are entitled to overtime if a for-profit employer employs them in this capacity, placing them in private homes.  The law also provides for various exemptions, usually based upon occupation. For more information on this topic see DWD 274.04, Wisconsin Administrative Code.

The law requires that employers pay time and one-half the regular rate of pay for all hours worked in excess of 40 hours in the workweek. A "week" is the employer’s established regular reoccurring period of 7 consecutive days. Employers may schedule employees any way they wish. This means that overtime may be made mandatory. Since employers may schedule as they see fit, they may also change employees’ schedules during a given week in order to prevent them from working overtime in that week. Hours paid for time not worked, such as sick leave, vacation pay or holiday pay, do NOT count as hours worked for purposes of computing overtime pay. Some public works construction projects require daily overtime and overtime on certain holidays. Other than in those situations, though, overtime is not required for work performed on a particular day of the week – only after 40 hours in a workweek.

Employees who are not receiving overtime as required may file a complaint on the Wisconsin Labor Standards Complaint form. It is not necessary to speak with an investigator prior to filing. Your complaint should include as much information as possible.

• Fact Sheet on the Payment of Salary
• Wisconsin Hours of Work & Overtime Laws