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The links (bookmarks) in the Table of Contents take you to that section in this Publication.
The links in the Text take you to either a page in our website, a section in the Wisconsin Statutes or a section in the Wisconsin Administrative Code.
Chapter 109, Wisconsin Statutes, requires most Wisconsin employers to pay all workers all wages earned at least monthly with no longer than 31 days between pay periods. The only employers exempted from such requirements are those engaged in logging operations and farm labor. Employees engaged in logging operations and farm labor must be paid no less often than at regular quarterly intervals.
Employers may establish more frequent pay periods (e.g., weekly, biweekly or semi-monthly).
Employees who quit or who are discharged from their job must be paid in accordance with the employer’s regular pay schedule. Commissioned employees should be paid based on whatever pay system was established throughout employment unless there is a specific written agreement.
An employer has the right to require their employees participate in a direct deposit program. There cannot be any cost to the employee to participate in the program. If a direct deposit is to be made the employee must still receive a check stub showing the rate of pay, hours worked and the amount of and reason for each deduction.
Employees have the right to file a wage claim with the department of unpaid wages if there is a dispute with the employer in the amount of wages owed, or if an employer fails to pay the wages agreed upon for the time actually worked. If the employer refuses to pay wages earned on the regularly established payday, the employee should request payment. If the employee does not receive payment after 6 days, the employee may file a claim with the department. Once a claim is filed, the department will seek to resolve the matter with the employer.
The department may take action on the following types of wage claims:
The department may not have authority to take legal action on some claims, including:
Union members who wish to file wage claims will be advised by the department to file their claims with their local union representatives.
Persons filing a claim for wages must do so on a form furnished by the department’s Equal Rights Division. This form may be obtained in person at the Madison or Milwaukee offices, by mail, or by downloading it from the Internet at the Equal Rights Division Website.
Claim forms also are available at most Job Service offices as a courtesy, but those offices do not process the claims.
Wages must be claimed within 2 years of the date earned.
Employers are required to state clearly on each employee’s paycheck, pay envelope or other accompanying paper the number of hours worked, the rate of pay and the amount of and reason for each deduction from their wages. A reasonable coding system may be used. The only exception occurs where the employee has requested a deduction for personal reasons. Those deductions may be labeled as "miscellaneous".
Employers may only make deductions from the wages of an employee for loss, theft, damage or faulty workmanship under one of the following conditions:
An employer who makes a deduction without following one of these procedures may be held liable for twice the amount of the deduction. Blanket authorizations are not valid. The employee’s written permission must be obtained after each occurrence of a problem.
Once a wage claim has been filed, it is necessary to gather the facts from both parties. This process is done via written responses and documentation only. The wage claim office has approximately 700-1100 claims active at any one time and it is not possible to call people once the case has been filed. Verbal communication is discouraged, as it is necessary to receive all information in writing for the file to be complete if court action becomes necessary. Even after a telephone call, you will be required to write out and send whatever information you have stated on the telephone. It will save all parties time if you send your questions and information into the office.
Below is a description of the process.
A claim is filled out by the employee and sent to the Labor Standards Bureau. The claim is reviewed by a specialist, and, if it is within our jurisdiction, a letter is sent to the business/employer informing them of what the employee feels they are entitled to. The employer is given an opportunity to respond to the claim either providing documentation disproving the claim, or, if the claim is valid, forwarding a check for the amount due. If a response is sent explaining why the wages have not been paid, the department reviews the information and sends it to the employee for further comment. If check is received from the employer, it is immediately sent to the employee. The case is then closed with no penalties assessed. If no check is received, the Investigator makes a determination on whether the department feels the claim is valid. If it is ruled valid and the employer refuses to pay the wages due, the department may forward the claim to the local district attorney and the penalties may be assessed per Chapter 109.11. The department has no control over the action district attorneys takes. The employee must contact the district attorney after the case is forwarded, and indicate if they wish to pursue the matter to court and pay the necessary fees.
An employer is prohibited from retaliating against any employee who,
under the state’s labor standards laws including child labor, minimum wage, hours of work and overtime, wage payment and collection and prevailing wage rate laws.
This law’s protections also apply if an employer takes an adverse employment action against an employee because that employer believes the employee has exercised any of the above rights.
Persons who need further information concerning protections under the state’s retaliation provisions should contact the Equal Rights Division.
To file a wage claim, or to obtain more information about any of these provisions, contact the department’s Equal Rights Division (except where otherwise noted) at either of these locations:
STATE OF WISCONSIN
DEPARTMENT OF WORKFORCE DEVELOPMENT
EQUAL RIGHTS DIVISION
CIVIL RIGHTS BUREAU
201 E WASHINGTON AVE
ROOM A300
PO BOX 8928
MADISON WI 53708
Telephone Number: (608) 266-6860
TTY Number: (608) 264-8752
Or
819 N 6th ST
ROOM 255
MILWAUKEE WI 53203
Telephone Number: (414) 227-4384
TTY Number: (414) 227-4081
Equal Rights Division Web Site
The Department of Workforce Development is an equal opportunity service provider. If you need assistance to access services or need material in an alternate format, please contact us.