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The following is a historical résumé of the minimum wage regulations in Wisconsin. For the sake of brevity, detailed data on such subjects as workers with disabilities, domestic and agricultural wage rate, tips, meal and room allowance, recordkeeping, and sheltered workshops was included only for recent years.
The minimum wage story in Wisconsin and in the United States began shortly after the beginning of the twentieth century during a period of social and labor unrest.
Numerous studies – both public and private – called attention to the plight of the average family.
The National Consumers League held its annual convention in Milwaukee in March 1910 and made minimum wage legislation the leading item on its program.
Professor John R. Commons of the University of Wisconsin had just completed a study of minimum wage experiences in England and Australia and the League used his report in its campaign.
Professor Commons drafted a minimum wage bill for introduction in the 1911 Wisconsin Legislature, but the bill did not pass.
The distinction of being the first state to pass such a law was to go to another state: Massachusetts. After a study authorized by its 1911 Legislature, a bill was prepared, and enacted June 4, 1912.
Meanwhile, the movement for such legislation continued in several states, including Wisconsin. In 1913, a year after the Massachusetts law was enacted; such legislation was approved by Wisconsin and seven other states: California, Colorado, Minnesota, Nebraska, Oregon, Utah, and Washington.
The following is a chronological history of the Wisconsin law including the creation of the Industrial Commission and its activities through the years to carry out the legislative mandate.
The Industrial Commission was created in 1911 by the Legislature as successor to the Bureau of Labor Statistics created in 1883, the State Board of Conciliation and Arbitration created in 1895, and the Industrial Accident Board, created earlier in the 1911 session.
Two wage bills were introduced which proposed to cover men as well as women but neither bill was enacted.
The first Wisconsin wage law was enacted in 1913 and specified that a "living wage" must be paid to women and minors. In enacting this law, the Legislature specified that "every wage paid or agreed to be paid by any employer to any female or minor employee shall be not less than a living wage." Administrative authority was given to the Industrial Commission, which was to use an advisory board equally representing employers, employees, and the public in its determination of a "living wage," thereby also necessitating consideration of the cost of living.
There were several events which delayed the determination of a living wage and contributed to a 6-year lapse between the 1913 enactment of the law and issuance of the first wage orders in 1919:
The Industrial Commission created a Women's Department and assigned it the responsibility for the administration of laws concerning women and employment of minors, including the Minimum Wage law.
A petition presented May 1, 1919, to the Industrial Commission by the Wisconsin Federation of Labor, the Consumers' League of Wisconsin, and the Central Council of Social Agencies of Milwaukee initiated a wage action by the Commission. As required by law, the action involved appointment of an Advisory Wage Board and consideration of their recommendations and findings, as well as those of the Commission in its 1913-1914 cost of living study. After the required public hearings were held, the commission issued Wage Orders on June 27, 1919, and named their effective date as August 1, 1919.
The 1919 Wage Board specifically and purposely mentioned that, when determining the minimum cost of living, "the Advisory Wage Board and the Commission had in mind that approximately 40% of the cost of living of self-supporting female and minor employees is required for board. Also 20% for room rent, 22% for clothing, and 18% for other necessary expenses." This information was included in the Board's findings of fact, to facilitate future adjustment of wage rates. Also included was this sentence: "It is understood that the Industrial Commission will, at the end of each year, determine whether there has been any change in the cost of living, and will revise the rates prescribed in this order in accordance with changes in the cost of living."
Below are the first Wisconsin Minimum Wage orders. (It should be noted that these orders did not have a differential based on population but did include differentials based on age and experience.)
| Women & minors 17 years of age or over: | 22 cents |
| Learners or inexperienced employees: | |
| - 1st 3 months: | 18 cents |
| - 2nd 3 months: | 20 cents |
| Minors under 17 years of age: | |
| - 14 to 16 year olds: | 18 cents |
| - 16 to 17 year olds: | 20 cents |
| - Except if less than 3 months experience, then: | 18 cents |
| Intermittent workers: | |
| - 600 hours equals 3 months | |
| - 1200 hours equals 6 months | |
The number of employees paid less than the 22 cents hourly was not to exceed 25% of the total number of women and minors normally employed in an establishment.
A new petition was presented to the Industrial Commission on November 18, 1920, by the same groups that filed the May 1, 1919 petition. This petition requested reconsideration of the present wage orders to establish a minimum rate of pay for women and minors" more commensurate with a proper living standard." Upon receipt of this petition, the Commission considered the matter with the Advisory Wage Board. Its findings and those of the Commission on a cost of living study were then presented at public hearings and resulted in the June 28, 1921 Order of the Commission. It named August 1, 1921, as the effective date of the new Wage Orders, which introduced an additional wage differential, based on population:
| Women and boys 17 years of age or over: | |
| Experienced employees in cities with a population of 5,000 or more: | 25 cents |
| Experienced employees elsewhere: | 22 cents |
| Inexperienced employees: | |
| - 1st 3 months: | 16 cents |
| - 2nd 3 months: | 20 cents |
| Minors: | |
| 16 to 17 years: | |
| - if 6 or more months experience: | 20 cents |
| 14 to 16 years: | |
| - During 1st year: | 16 cents |
| - Thereafter: | 20 cents |
The limit on the number of employees paid less than 25 or 22 cents was set at the same percentage as in 1919.
From 1921 to 1947, a differential was recognized dividing wage rates applicable to areas with a population of 5,000 or more and areas with smaller populations. In 1947, a third division based on population was added (see 1947). Differentials based on age, experience and population existed through this entire period.
The U.S. Supreme Court declared the Minimum Wage Law of the District of Columbia unconstitutional insofar as adult women were concerned. Adkins v. Children's Hospital, 261 U.S. 525 (1923). It held the law interfered with the women's freedom of contract, and, in addition, it compelled employers to pay a living wage, thereby interfering with the employer's property rights. However, the Court upheld the District of Columbia Minimum Wage Law in its application to minors.
The above Court decision affected the outcome of a Wisconsin case (Folding Furniture Works v. Wisconsin Industrial Commission, 300 F. 991 (W.D. Wis. 1924). In 1924 the Folding Furniture Works of Stevens Point secured an injunction restraining the Industrial Commission from enforcing the Wisconsin Minimum Wage Law for adult women in its establishment.
The 1925 Wisconsin Legislature enacted a new Wage Law for adult women. This was referred to as the "Oppressive Wage Law" and was enacted to replace and correct the 1913 Wage Law, which was the so-called "Living Wage Law. It did so "… in the hope that the constitutionality of this new law would not be questioned or affected by the 1923 decision of the U.S. Supreme Court." This Wage Law retained the same minimum wage provisions for minors but amended the section relating to adult women by providing that no wage paid to adult women shall be "oppressive." In administering this law, the Industrial Commission followed a policy, in the absence of proof to the contrary, that any rate paid to an adult woman, less than that paid to a minor for similar work, would be considered oppressive.
After a meeting with its Advisory Wage Board in response to petitions from employer groups to lower wage rates because of the depression and the reduced cost of living, the Commission ordered a reduction of approximately 10% in the minimum wage rates for minors as listed below:
| Minors 17-21 years: | |
| Experienced employees in cities with a population of 5,000 or more: | 22 1/2 cents |
| Experienced employees elsewhere: | 20 cents |
| Inexperienced employees: | |
| - 1st 3 months: | 16 cents |
| - 2nd 3 months: | 18 cents |
| Minors under 17 years: | |
| - 16 years - 1st 6 months: | 16 cents |
| - After 6 months: | 18 cents |
| - 14 & 15 years - 1st year: | 16 cents |
| - After 1st year: | 18 cents |
During the depression years, more and more persons and groups in the United States became conscious of the need of some wage regulation. As more states enacted laws, litigation and the number of test cases increased. Decisive action in 1937 by the U.S. Supreme Court enabled the Wisconsin Legislature to reconsider the state's wage laws.
The Wisconsin Oppressive Wage Law was repealed and the 1913 Minimum Wage Law was effectively reenacted to reestablish the cost of living principle as the determining factor when establishing wage rates for adult women as well as for minors. This legislative action followed the decision made earlier in 1937 by the U.S. Supreme Court in West Coast Hotel Co. v. Parrish, 300 U.S. 379 (1937), which upheld the constitutionality of a Washington State Minimum Wage Law, reversed its previous adverse decision of 1923.
The wage rates applicable under the Oppressive Wage Law were reenacted into the new 1937 Minimum Wage legislation and were to remain in effect until such time as new rates would be determined by the Industrial Commission and its Advisory Wage Board. Thus the rates established in 1932 were effective from 1932 through 1947.
The effective date of these new Minimum Wage rates was February 10, 1947; they introduced three divisions based on population, as follows:
| In cities and villages with a population of 3,500 or more: | 45 cents |
| In cities and villages with a population of 1,000 and up to 3,000: | 40 cents |
| Elsewhere in the state: | 38 cents |
Note: The new Orders eliminated wage differentials based on age and experience of women and minors. They did not cover adult men.
Since a study of budgets presented to the Board again indicated that room and board constituted 55% to 60% of the total budget when considering the cost of living principle, no new and costly general survey was deemed necessary. Instead, the Commission authorized a study limited to these two items, i.e., room and board. It was made, using the files of the Office of Price Administration, which supplied a wealth of material on rents (as the O.P.A. exercised rent and price controls), and on food prices in public eating places.
The 1947 Orders exempted, for the first time, certain "casual" employment of minors under 18 years of age in or about private homes.
The 1947 Orders remained in effect until the spring of 1956 when the 1955-1956 recommendations of the Advisory Wage Board and Commission became effective.
1956 - On May 1, 1956, Wage Orders adopted April 4, 1956, became effective as follows:
| In cities and villages with a population of 3,500 or more: | 70 cents |
| In cities and villages with a population of 1,000 and up to 3,500: | 60 cents |
| Elsewhere in the state: | 50 cents |
These rates remained effective approximately four years until June 1, 1960, when the recommendations of the 1959-1960 Advisory Wage Board and 1960 Commission Orders were adopted.
In the summer of 1959, the Commission decided that it was necessary to review the minimum wage rates. An Advisory Committee was appointed in October of that year. Two major changes would: (1) reduce the population differential to two classes; and (2) introduced a differential in rates based on age.
The rules adopted became effective June 1, 1960.
| Adult women and minors 16 years of age or over: | |
| - In cities and villages with a population of 1,000 or more: | 85 cents |
| - Elsewhere in the state: | 75 cents |
| Minors under 16 years of age: | |
| - In cities and villages with a population of 1,000 or more: | 75 cents |
| - Elsewhere in the state: | 65 cents |
On August 18, 1960, the Wisconsin Farm Bureau Federation petitioned the Commission to reduce the minimum wage for minors employed in agriculture to 50 cents per hour, but on May 25, 1961, after public hearings, the commission denied the request.
On June 24, 1961, representatives of the cherry growing industry petitioned the Commission to establish a minimum piece rate that would fulfill the minimum wage requirements. The Commission agreed with the establishing of this new "Minimum Piece Rate" principle and, after a survey and further study, set a rate of 20 cents per 9-pound pail or 2.22 cents per pound as an adequate piece rate for picking cherries, effective for the 1961 season. On January 16, 1962, the Order was extended to remain effective until further notice.
Another request was received by the Commission, this time from representatives of the Department of Public Welfare, requesting that a lower minimum wage rate be set for unwed mothers placed in domestic service by the Department of Public Welfare or a licensed agency. The Commission agreed with the need for a lower rate and, on August 1, 1961, adopted a rate of $12.50 per week plus room and board for such employees.
The Commission adopted rules on April 16, 1962, authorizing the issuance of Subminimum Wage licenses to sheltered workshops. Such licenses would apply to more than one employee. The Order also defined terms used and outlined conditions for issuance of licenses.
During the effective period of the above rates, the Commission received requests from agricultural employers, golf course operators, and nonprofit colleges for consideration of special rates and piece rates. The Commissioners reviewed each request carefully and in some cases held public hearings after which the following special rates were adopted and became effective on the date indicated.
The Commission called together an Advisory Committee on February 21, 1963, to review the existing rates. Further meetings were held and the Board recommended an increase in two steps. After public hearings, the Commission adopted the following rates:
The first step became effective November 1, 1963, and established the following rates:
| Adult women and minors 16 years and over: | |
| - In cities of 1,000 or more: | 95 cents |
| - Elsewhere in the state: | 85 cents |
| Minors under 16 years of age: | |
| - In cities of 1,000 or more: | 75 cents |
| - Elsewhere in the state: | 65 cents |
The second step increase recommended by the 1963 Advisory Board and adopted by the Commission became effective September 1, 1964, with the following rates:
| Adult women and minors 16 years and over: | |
| - In cities of 1,000 or more: | $1.10 |
| - Elsewhere in the state: | $1.00 |
| Minors under 16 years of age: | |
| - In cities of 1,000 or more: | 85 cents |
| - Elsewhere in the state: | 75 cents |
May 14, 1965: Nonprofit seasonal recreational camps were extending weekly domestic rates to apply to full-time employees of such camps.
A Minimum Wage Advisory Board was appointed by the Industrial Commission on March 17, 1966, to study the existing minimum wage rates for women and minors to determine if the rates still constituted a living wage.
The Board recommended that the 1964 rates be increased by 15 cents effective January 1, 1967, and increased again by 15 cents one year later on January 1, 1968. The Board also recommended that the age differential be raised from 16 to 18 years of age, and the population factor be dropped so one rate would apply to the entire state.
Following the public hearings, the Commission approved the Board's recommendation for the first increase and set the effective date as February 1, 1967, to coincide with the pending increase in the Federal law. The Commission also approved a 10% credit for tips or gratuities received by service employees. The Board's recommendation for a second increase was not approved.
The following rates became effective February 1, 1967:
| Adult women and minors 18 years of age and over: | $1.25 |
| Minors 17 years of age and under: | $1.10 |
A special class was established for women and minors 18 years of age and over employed in hotels, motels, and resorts. For the first time, weekly rates were set for full-time employees in these establishments as follows:
| Adult women and minors 18 years of age and over: | |
| If board and lodging are not furnished | $68.75 |
| If board only is furnished | $48.75 |
| If board and lodging are furnished | $38.75 |
Another new feature of the 1967 regulations was a provision that prohibits room and board deductions from the wages of seasonal non-resident agricultural workers, if those deductions would result in the employee receiving less than the prescribed minimum rate.
The 1967 rules also incorporated piece rates and special rates adjusted to reflect changes in the hourly rates.
On May 17, 1967, the Commission, after receiving a petition and holding public hearings, established a piece rate of 15 cents per dozen for harvesting green or table onions.
The Commissioners, in rejecting the 1966 Advisory Board's recommendation for a second rate increase, indicated further study of the "living wage" concept was desirable.
On May 29, 1967, the Commission asked the Wisconsin State University - La Crosse to determine what criteria should be used in setting a "living wage." The following members of the faculty of the Department of Economics and Business Administration made the study: Cloyce Campbell, David M. Cole, William J. Goldsborough, and Brian M. Vergin. Their report was submitted on October 5, 1967.
The report stated "of the nine local budget figures shown, the lowest would require a wage of $1.30 per hour for 40 hours to earn an average week's expenditures . . ."
One of the conclusions reached was "that the Consumer Price Index prepared by the U.S. Department of Labor, in spite of its limitations, is the best index available for keeping budget figures reasonably up to date." The Commission took the report under advisement and scheduled public hearings on amended recommendations of the 1966 Advisory Board which reflected information produced in the La Crosse study.
Questions arose in connection with the cucumber growing industry as to the employer/employee relationship. On June 21, 1967, following a public hearing, the Commission issued an emergency order declaring the processor as the employer of the cucumber pickers provided certain conditions existed.
Effective February 4, 1968, the Legislature amended Chapter 104, Wis. Stats., and approved the first exemption in the Wisconsin law: "Employees engaged in the house-to-house delivery of newspapers to the consumer."
Following receipt and review of the La Crosse study and public hearings, the Commission adopted new and increased minimum wage rates.
New features included a piece rate for the picking of cucumbers and including other piece rates and special rates as part of the minimum wage regulations and increasing the tip credit for tipped employees to 15% and a policy for computing the rate based on the Consumer Price Index.
Below are some of the main features and rates of the orders, which became effective July 1, 1968:
It shall be the policy of the Department, to review the Consumer Price Index in January of each even numbered year. It will then revise the rates for women and minors 18 years of age and over upward or downward by 5 cents for each 4.5 point change in the preceding December index release. We will use the December 1967 release as a base for the computations. Any rate change adopted as a result of such review shall become effective the following July 1.
The minimum wage rates for minors under 18 years of age shall be computed on the basis of 85% of the minimum wage for adult women and minors 18 years of age and over.
The rates adopted effective July 1, 1968, were:
| General Employment: | |
| - Adult women and minors 18 years of age and over: | $1.30 |
| - Minors 17 years of age and under: | $1.10 |
| Hotels, Motels and Resorts | |
| Hourly rates - same as above | |
| Weekly rates for adult women and minors 18 years of age and over only: | |
| - If board and lodging are not furnished: | $71.50 |
| - If board only is furnished: | $55.90 |
| - If board and lodging are furnished: | $45.40 |
| Agriculture, Domestic Service and Nonprofit Seasonal Recreational Camps: | |
| Hourly rates - same as above | |
| Weekly rates: | |
| Adult women and minors 18 years of age and over: | |
| If board and lodging are not furnished | $58.50 |
| If board only is furnished | $42.90 |
| If board and lodging are furnished | $32.40 |
| Minors 17 years of age and under: | |
| If board and lodging are not furnished | $49.50 |
| If board only is furnished | $33.90 |
| If board and lodging are furnished | $23.40 |
| Piece Rates: | |
| Cherries | 28 cents per 9-pound pail |
| Strawberries | 9 cents per quart |
| Green Onions | 16 cents per dozen bunches |
| Picking cucumbers rate | $2.32 per CWT total based on a sum of grading rates computed according to specified distribution percentage chart. |
The rules applying to the issuance of Subminimum Wage Licenses to individuals and to sheltered workshops were expanded and clarified.
Certain migrant workers alleging the agricultural piece rates did not guarantee all workers the minimum established rate sued the Department. Judge Norris Maloney, Dane County Circuit Court, on June 27, 1968, ruled in favor of the plaintiffs. On September 20, 1968, the Department, after public hearing, rescinded the agricultural piece rates established.
Wisconsin Statute Section 104.07 was amended by the 1969 Legislature to clarify the issuance of Subminimum Wage Licenses to workers with disabilities and sheltered workshop, and added licenses for certain student learners.
Following the passage of the new law, the Department appointed an Advisory Board and, after studying their recommendations and holding public hearings, adopted new rules and regulations governing the issuance of such licenses, which became effective November 1, 1969.
The Department reviewed the National Consumer Price Index in accordance with the policy established in 1968 and adopted changes updating the minimum wage rates.
Effective July 1, 1970, the Department increased the rates for women and minors 18 years old and over from $1.30 per hour at $1.45 per hour.
No change was made in the rate for minors under 18 years of age so their rate remained at $1.10 per hour - a rate unchanged since February 1, 1967.
Comparable changes were made in the weekly rates and other special categories previously established. Additionally, the Department clarified the definition of casual employment to specify "baby-sitting" as an exemption. On June 16, 1970, following a request from representatives of the Madison Youth Opportunity Center, a 90-day emergency rule was adopted exempting 14- and 15-year-old babysitters from the minimum wage requirements during their school vacation.
Effective January 1, 1973, the Department adopted a rate of $1.60 per hour for women and $1.28 per hour for minors 17 years of age and under.
Employer tip credit was increased, permitting employers to pay a minimum of 75% of the minimum wage rate prescribed.
Weekly rates for agriculture and domestic service were eliminated, allowing weekly rates for only one category namely nonprofit seasonal recreational camps.
A lower minimum wage rate was recommended and adopted for employees employed in agricultural pursuits. The agriculture rate for adults was set at $1.45 per hour and for minor's 17 years of age and under $1.15 per hour. The agricultural minimum hourly rate was computed on the basis of 90% of the rates for adult employees as provided in section IND 72.001(5)(a), Wis. Admin. Code, rounded to the nearest cent.
On April 1, 1974, the minimum wage rates were raised to $1.88 for adult women and $1.50 per hour for minor's 17 years of age and under. The agricultural hourly rates were set at $1.69 per hour for adult women and $1.35 per hour for minors. Board and lodging allowances were raised proportionately.
The Department eliminated weekly rates for employees in seasonal recreational and educational camps, with the exception of counselors.
In early 1975, the Department adopted minimum wage rates which would become effective on July 1, 1975, January 1, 1976 and January 1, 1977.
| Effective: | July 1, 1975 | January 1, 1976 | January 1, 1977 |
|---|---|---|---|
| Non-Agriculture | |||
| Adults | $2.00 per hour | $2.10 per hour | $2.20 per hour |
| Minors | $1.60 per hour | $1.68 per hour | $1.76 per hour |
| Agriculture | |||
| Adults | $1.80 per hour | $1.89 per hour | $1.98 per hour |
| Minors | $1.44 per hour | $1.51 per hour | $1.58 per hour |
| Maximum allowances for board and lodging: | ||||||
|---|---|---|---|---|---|---|
| Effective: | July 1, 1975 | January 1, 1976 | January 1, 1977 | |||
| Non-Agriculture | ||||||
| Meals | Lodging | Meals | Lodging | Meals | Lodging | |
| Adults | $24.00/wk | $16.00/wk | $25.20/wk | $16.80/wk | $26.40/wk | $17.60/wk |
| $00.15/meal | $2.30/day | $1.20/meal | $2.40/day | $1.25/meal | $2.50/day | |
| Minors | $19.20/wk | $12.80/wk | $20.15/wk | $13.45/wk | $21.10/wk | $14.10/wk |
| $00.90/meal | $1.85/day | $00.95/meal | $1.90/day | $1.00/meal | $2.00/day | |
| Agriculture | ||||||
| Meals | Lodging | Meals | Lodging | Meals | Lodging | |
| Adults | $21.60/wk | $14.40/wk | $22.70/wk | $15.10/wk | $23.75/wk | $15.85/wk |
| $1.05/meal | $2.05/day | $1.10/meal | $2.15/day | $1.15/meal | $2.25/day | |
| Minors | $17.30/wk | $11.50/wk | $18.10/wk | $12.10/wk | $18.95/wk | $12.65/wk |
| $.80/meal | $1.65/day | $.85/meal | $1.75/day | $.90/meal | $1.80/day | |
| Minimum Rates for Caddies | ||||||
|---|---|---|---|---|---|---|
| Effective: | July 1, 1975 | January 1, 1976 | January 1, 1977 | |||
| 9 Holes | 18 Holes | 9 Holes | 18 Holes | 9 Holes | 18 Holes | |
| $2.50 | $4.35 | $2.65 | $4.60 | $2.75 | $4.80 | |
| Minimum Rates for Counselors - Seasonal Recreational or Educational Camps: | |||
|---|---|---|---|
| July 1, 1975 | January 1, 1976 | January 1, 1977 | |
| Adults | |||
| If board & lodging not furnished | $90.00 | $94.50 | $99.00 |
| If board only is furnished | $66.00 | $63.30 | $72.60 |
| If board and lodging are furnished | $50.00 | $52.50 | $55.00 |
| Minors | |||
| If board & lodging not furnished | $72.00 | $75.60 | $79.20 |
| If board only is furnished | $52.80 | $55.45 | $58.10 |
| If board and lodging are furnished | $40.00 | $42.00 | $44.00 |
Other Actions 1975
Effective March 1, 1975, persons residing in the employer's household for the purpose of companionship and who spend less than 20% of their time on general housework were excluded from the Wisconsin minimum wage regulations.
Effective October 30, 1975, legislative action during 1975 changed the wording in Section 104.02, Wisconsin Statutes, from "women" to "employee" permitting extension of the state minimum age to include adult men, who had previously been excluded.
NOTE: Employer tip credit remained the same at permitting employers to pay a minimum of 75% of the wage rate prescribed.
In early 1978, the Department adopted minimum wage rates which would become effective on August 1, 1978; January 1, 1979; January 1, 1980; and January 1, 1981.
| Effective | August 1, 1978 | January 1, 1979 | January 1, 1980 | January 1, 1981 |
|---|---|---|---|---|
| Non-Agriculture | ||||
| Adults | $2.55 per hour | $2.80 per hour | $3.00 per hour | $3.25 per hour |
| Minors | $2.20 per hour | $2.45 per hour | $2.65 per hour | $2.90 per hour |
| Agriculture | ||||
| Adults | $2.35 per hour | $2.60 per hour | $2.80 per hour | $3.05 per hour |
| $2.00 per hour | $2.25 per hour | $2.45 per hour | $2.70 per hour | |
| Minimum Rates for Tipped Employees | ||||
| Adults | $1.80 per hour | $1.85 per hour | $1.90 per hour | $1.95 per hour |
| Minors | $1.50 per hour | $1.55 per hour | $1.60 per hour | $1.65 per hour |
| Maximum allowances for board and lodging | ||||||||
|---|---|---|---|---|---|---|---|---|
| Effective | August 1, 1978 | January 1, 1979 | January 1, 1980 | January 1, 1981 | ||||
| Non-Agriculture | ||||||||
| Meals | Lodging | Meals | Lodging | Meals | Lodging | Meals | Lodging | |
| Adults | $30.60/wk | $1.45/meal | $33.60/wk | $1.60/meal | $36.00/wk | $1.70/meal | $39.00 | $1.85/meal |
| Minors | $26.40/wk | $1.25/meal | $29.40/wk | $1.40/meal | $31.80/wk | $1.50/meal | $34.80/wk | $1.65/meal |
| Agriculture | ||||||||
| Meals | Lodging | Meals | Lodging | Meals | Lodging | Meals | Lodging | |
| Adults | $28.20/wk | $1.35/meal | $31.20/wk | $1.50/meal | $33.60/wk | $1.60/meal | $36.60 | $1.75/meal |
| Minors | $24.00/wk | $1.15/meal | $27.00/wk | $1.30/meal | $29.40/wk | $1.40/meal | $32.40/wk | $1.55/meal |
| Minimum Rates for Caddies | |||||||
|---|---|---|---|---|---|---|---|
| August 1, 1978 | January 1, 1979 | January 1, 1980 | January 1, 1981 | ||||
| 9 Holes | 18 Holes | 9 Holes | 18 Holes | 9 Holes | 18 Holes | 9 Holes | 18 Holes |
| $3.00 | $5.30 | $3.25 | $5.80 | $3.50 | $6.30 | $3.75 | $6.80 |
| Minimum rates for Counselors - Seasonal Recreational or Educational Camps | ||||
|---|---|---|---|---|
| August 1 1978 | January 1 1979 | January 1 1980 | January 1 1981 | |
| Adults | ||||
| If board and lodging not furnished | $114.75 | $126.00 | $135.00 | $146.25 |
| If board only is furnished | $84.15 | $92.40 | $99.00 | $107.25 |
| If board and lodging are furnished | $63.75 | $70.00 | $75.00 | $81.25 |
| Minors | ||||
| If board and lodging not furnished | $99.00 | $110.25 | $119.25 | $130.50 |
| If board only is furnished | $72.60 | $80.85 | $87.45 | $95.70 |
| If board and lodging are furnished | $55.00 | $61.25 | $66.25 | $72.50 |
Note: From May 15, 1979, to September 11, 1979, the Department adopted an Emergency Order, which rolled back the rates for camp counselors and caddies to the rates, which were in effect from January 1, 1977 to August 1, 1978.
Tip credit was increased from 25% and set a flat amount per hour for tipped employees, provided the employers can show in their payroll records the amount of tips received when added to the tipped rate does in fact equal the minimum wage rate.
Effective March 1, 1980, the minimum wage rates for camp counselors and caddies were revised to reduce the weekly rates which were established for January 1, 1980 and January 1, 1981. This was based on testimony received at public hearings that the established rates were too high for the camps to survive and the caddie rates were higher than motorized cart rentals.
Counselors: The minimum wage of counselors employed in seasonal recreational or educational camps and day camps may be computed on a weekly basis as follows:
| Adult counselor 18 years of age and over | ||
|---|---|---|
| Per Week | Effective 3/1/80 | Effective 3/1/81 |
| If board and lodging are not furnished | $115.00 | $125.00 |
| If board only is furnished | $88.00 | $98.00 |
| If board and lodging are furnished | $71.00 | $81.00 |
| Counselors 17 years of age and under | ||
| If board and lodging are not furnished | $100.00 | $110.00 |
| If board only is furnished | $73.00 | $82.00 |
| If board and lodging are furnished | $56.00 | $66.00 |
Ind 72.08 Caddies. (1) The minimum wage of employees employed as caddies shall be:
Effective 3/1/1980: $3.00 - 9 holes; $5.30 - 18 holes
The department adopted minimum wage rates, which became effective on September 1, 1987.
| Effective 9/1/1987 | Non-Agricultural | Agricultural |
|---|---|---|
| Adults | $3.35 per hour | $3.15 per hour |
| Minors | $3.00 per hour | $2.80 per hour |
| Minimum Rates for tipped employees | ||
| Effective 9/1/87 | Adults | Minors |
| $2.01 per hour | $1.71 perhour | |
The department increased minimum wage rates higher than the federal rate and adopted rates for probationary employees for the first 120 calendar days of employment with each new employer.
"Probationary employee" means a person who has been in employment status for an employer for equal to or less than 120 calendar days within a three-year period. "Employer" means a separate entity unless there is common ownership of different establishments or enterprises and the employee worked in one or more of these establishments or enterprises during the probationary period.
Example: If an employee is in employment status 80 calendar days (even if he/she works and is paid for less than 80 calendar days) in one employment period and returns to the same employer for another employment period, they would not have to start over to reach 120 calendar days, but would only have to be in employment status for 40 additional calendar days to reach the non-probationary rate.
| Probationary Employees | Non-Probationary Employees | |
|---|---|---|
| Non-Agricultural Employment - General Minimum Wage Rate | ||
| Adults | $3.45 Per Hour | $3.65 Per Hour |
| Minors | $3.10 Per Hour | $3.30 Per Hour |
| Agricultural Employment | ||
| Adults | $3.25 Per Hour | $3.45 Per Hour |
| Minors | $2.90 Per Hour | $3.10 Per Hour |
| Employees Who Work for Tips | ||
| Adults | $2.07 Per Hour | $2.19 Per Hour |
| Minors | $1.86 Per Hour | $1.98 Per Hour |
| Maximum Allowances for Board and Lodging | ||
| Non-Agricultural Employment | ||
| Meals (Adults) | $41.40 Per Week $1.95 Per Meal |
$43.80 Per Week $2.10 Per Meal |
| Meals (Minors) | $37.20 Per Week $1.75 Per Meal |
$39.60 Per Week $1.90 Per Meal |
| Lodging (Adults) | $27.60 Per Week $3.95 Per Day |
$29.20 Per Week $4.15 Per Day |
| Lodging (Minors) | $24.80 Per Week $3.55 Per Day |
$26.40 Per Week $3.75 Per Day |
| Agricultural Employment | ||
| Meals (Adults) | $39.00 Per Week $1.85 Per Meal |
$41.40 Per Week $1.95 Per Meal |
| Meals (Minors) | $34.80 Per Week $1.65 Per Meal |
$37.20 Per Week $1.75 Per Meal |
| Lodging (Adults) | $26.00 Per Week $3.70 Per Day |
$27.60 Per Week $3.95 Per Day |
| Lodging (Minors) | $23.20 Per Week $3.30 Per Day |
$24.80 Per Week $3.55 Per Day |
The department increased minimum wage rates higher than the federal rate and adopted rates for probationary employees for the first 120 calendar days of employment with each new employer.
"Probationary employee" means a person who has been in employment status for an employer for equal to or less than 120 calendar days within a three-year period. "Employer" means a separate entity unless there is common ownership of different establishments or enterprises and the employee worked in one or more of these establishments or enterprises during the probationary period.
Example: If an employee is in employment status 80 calendar days (even if he/she works and is paid for less than 80 calendar days) in one employment period and returns to the same employer for another employment period, they would not have to start over to reach 120 calendar days, but would only have to be in employment status for 40 additional calendar days to reach the non-probationary rate.
| Probationary Employees | Non-Probationary Employees | |
|---|---|---|
| Non-Agricultural Employment - General Minimum Wage Rate | ||
| Adults | $3.45 Per Hour | $3.65 Per Hour |
| Minors | $3.10 Per Hour | $3.30 Per Hour |
| Agricultural Employment | ||
| Adults | $3.25 Per Hour | $3.45 Per Hour |
| Minors | $2.90 Per Hour | $3.10 Per Hour |
| Employees Who Work for Tips | ||
| Adults | $2.07 Per Hour | $2.19 Per Hour |
| Minors | $1.86 Per Hour | $1.98 Per Hour |
| Maximum Allowances for Board and Lodging | ||
| Non-Agricultural Employment | ||
| Meals (Adults) | $41.40 Per Week $1.95 Per Meal |
$43.80 Per Week $2.10 Per Meal |
| Meals (Minors) | $37.20 Per Week $1.75 Per Meal |
$39.60 Per Week $1.90 Per Meal |
| Lodging (Adults) | $27.60 Per Week $3.95 Per Day |
$29.20 Per Week $4.15 Per Day |
| Lodging (Minors) | $24.80 Per Week $3.55 Per Day |
$26.40 Per Week $3.75 Per Day |
| Agricultural Employment | ||
| Meals (Adults) | $39.00 Per Week $1.85 Per Meal |
$41.40 Per Week $1.95 Per Meal |
| Meals (Minors) | $34.80 Per Week $1.65 Per Meal |
$37.20 Per Week $1.75 Per Meal |
| Lodging (Adults) | $26.00 Per Week $3.70 Per Day |
$27.60 Per Week $3.95 Per Day |
| Lodging (Minors) | $23.20 Per Week $3.30 Per Day |
$24.80 Per Week $3.55 Per Day |
The Department adopted a minimum wage rate to equal the federal minimum wage and reduced the probationary employee time to 60 cumulative calendar days. The probationary period was deleted for agricultural employment and no change was made in the rates for tipped employees.
"Probationary employee" means a person who has been in employment status for a cumulative total of 60 calendar days within a three-year period.
Proof of previous employment. The employee is responsible to provide proof of previous employment to their new employer. The employer shall not be liable for a violation if they have relied on the proof presented by the employee.
Example: If an employee is in employment status 40 calendar days (even if he/she works and is paid for less than 40 calendar days) in one employment period and then returns for another employment period, even with another employer, they would not have to start over to reach 60 calendar days, but would only have to be in employment status for 20 additional calendar days to reach the non-probationary rate.
| Agricultural Employment | ||
|---|---|---|
| All Employees | ||
| Adults | $3.60 Per Hour | |
| Minors | $3.25 Per Hour | |
| Probationary Employees | Non-Probationary Employees | |
| Non-Agricultural Employment - General Minimum Wage Rate | ||
| Adults | $3.50 Per Hour | $3.80 Per Hour |
| Minors | $3.25 Per Hour | |
| Employees Who Work for Tips | ||
| Adults | $2.07 Per Hour | $2.19 Per Hour |
| Minors | $1.86 Per Hour | $1.98 Per Hour |
| Maximum Allowances for Board and Lodging | ||
| Non-Agricultural Employment | ||
| Meals (Adults) | $42.00 Per Week $ 2.00 Per Meal |
$45.60 Per Week $ 2.15 Per Meal |
| Meals (Minors) | $39.00 Per Week $ 1.85 Per Meal |
$41.40 Per Week $ 1.95 Per Meal |
| Lodging (Adults) | $28.00 Per Week $ 4.00 Per Day |
$30.40 Per Week $ 4.35 Per Day |
| Lodging (Minors) | $26.00 Per Week $ 3.70 Per Day |
$27.60 Per Week $ 3.95 Per Day |
| Maximum Allowances for Board and Lodging | ||
| Agricultural Employment | ||
| Meals (Adults) | $43.20 Per Week | $ 2.05 Per Meal |
| Meals (Minors) | $39.00 Per Week | $ 1.85 Per Meal |
| Lodging (Adults) | $28.80 Per Week | $ 4.10 Per Day |
| Lodging (Minors) | $26.00 Per Week | $ 3.70 Per Day |
The Secretary of the Department of Industry, Labor and Human Relations created the Minimum Wage Advisory Task Force on March 5, 1991. It was charged with the responsibility to examine a wide range of issues surrounding the minimum wage in Wisconsin.
The Task Force was created to explore in some depth the various arguments advanced on both sides of the issue. In the past, verifiable, factual data about the effect and import of the minimum wage in Wisconsin has not been available to assist decision-makers. The applicability to Wisconsin of national data has been only speculative.
The Charge to the Taskforce
The Minimum Wage Advisory Task Force was charged to:
The Task Force was further directed to address but not be limited to the following issues:
Findings
Based on data obtained from the 1990 Wisconsin Wage Survey, generated by the Department's Labor Market Information Bureau, it is known that approximately 133,000 people earned less than $4.25 per hour in 1990. Of that number, only 20,000 were employed by establishments not covered by the federal minimum wage and therefore would not be receiving the April 1, 1991, increase in the federal minimum wage. They would only be affected by a change in the Wisconsin minimum wage. Of the 20,000 Wisconsin minimum wage earners, 3,160 are under the age of 18, and 3,700 are between 18 and 20 years of age. Two thousand nine hundred (2,900) are between 20 and 24 years old, and 7,900 are between 25 and 54 years old. Roughly 1,300 Wisconsin minimum wage earners are aged 55 to 64 years old while roughly 1,100 are over age 65. Among this group of 20,000 people, approximately 5,250 earn at or below $3.80 per hour. There are actually 3,700 people who are earning at the minimum wage of $3.80 per hour. This represents 0.15% or less than 1/100th of the total workforce in Wisconsin (2.5 million people).
Of the 100,000-working teenagers in Wisconsin, about 7,000 (7%) would be affected by increasing the Wisconsin minimum wage. Of the 1.8 million workers between 25 and 54, about 8,000 (0.4%) would be affected by the change.
Teenagers, who constitute about 4% of the total Wisconsin workforce, would account for 33% of those who would be affected by an increase in the minimum wage. Two thirds or 67% of those affected by such an increase would be from the remaining 96% of the workforce who are 20 years old or over.
While the relatively small size of the Wisconsin sample creates some uncertainty in statistical accuracy, the following additional observations can be made:
Summary Conclusions
The actual number of persons directly affected by the state minimum wage is small. A change to the current federal minimum wage will not, in today's economy, have any significant effects on job creation and job retention, inflation or ratcheting. While the loss of a job will have a dramatic impact on the person that loses that job, the overall impact on Wisconsin job retention will be minimal. Similarly, such a change will not make any significant impact on statewide poverty levels despite its beneficial impact on the disposable income of individuals at or near the federal poverty level.
Despite a projected absence of any statewide impact an increase could have on inflation, job creation and job retention, there would be regional impacts in rural areas, and impacts on industry groupings closely allied to the hospitality and tourism segments of Wisconsin's economy.
Wisconsin has historically designed its minimum wage law by administrative rule to meet particular economic and social needs at given points in time. History and the data indicate that the flexibility and responsiveness of that process should be retained so that Wisconsin can consider its economic, social and unemployment climates rather than be tied to automatic adjustments that do not take into consideration Wisconsin's particular circumstances at any given point in time.
Recommendations
After taking the Minimum Wage Task Force recommendations to public hearing, the department adopted new minimum wage rates, which became effective on March 1, 1992. The maximum amounts for meals and lodging credit for adults and minors in non-agricultural and agricultural employments were also increased.
| Probationary Employees | Non-Probationary Employees | |
|---|---|---|
| Non-Agricultural Employment Rate | ||
| Adults | $3.95 Per Hour | $4.25 Per Hour |
| Minors | $3.60 Per Hour | $3.90 Per Hour |
| Agricultural Employment Rate | ||
| Adults | NONE | $4.05 Per Hour |
| Minors | NONE | $3.70 Per Hour |
| Tipped Employees Rate | ||
| Adults | $2.20 Per Hour | $2.33 Per Hour |
| Minors | $2.00 Per Hour | $2.13 Per Hour |
| Caddies Rate | |
|---|---|
| 9 Holes | 18 Holes |
| $3.35 | $5.95 |
| Counselors - Seasonal Recreational or Educational Camps Rate | |||
|---|---|---|---|
| Board & Lodging | Board Only | No Board or Lodging | |
| Adults | $91.00 Per Week | $110.00 Per Week | $140.00 Per Week |
| Minors | $74.00 Per Week | $92.00 Per Week | $123.00 Per Week |
| Maximum Allowances for Board and Lodging | ||||
|---|---|---|---|---|
| Non-Agricultural Employment | ||||
| Probationary Employees | Non-Probationary Employees | |||
| Meals (Adults) | $47.90 Per Week | $ 2.25 Per Meal | $51.00 Per Week | $ 2.45 Per Meal |
| Meals (Minors) | $43.20 Per Week | $ 2.05 Per Meal | $46.80 Per Week | $ 2.25 Per Meal |
| Lodging (Adults) | $31.60 Per Week | $ 4.50 Per Day | $34.00 Per Week | $ 4.85 Per Day |
| Lodging (Minors) | $28.80 Per Week | $ 4.10 Per Day | $31.20 Per Week | $ 4.45 Per Day |
| Agricultural Employment | ||
|---|---|---|
| Meals (Adults) | $48.60 Per Week | $ 2.30 Per Meal |
| Meals (Minors) | $44.40 Per Week | $ 2.10 Per Meal |
| Lodging (Adults) | $32.40 Per Week | $ 4.65 Per Day |
| Lodging (Minors) | $29.60 Per Week | $ 4.25 Per Day |
Effective October 1, 1996, the Department adopted new minimum wage regulations establishing in non-agricultural employment one basic minimum wage rate that applies to both adults and minors. The department discontinued the previous probationary wage rate and minor minimum wage rate (except in agriculture) system and replaced it with an opportunity wage. The new opportunity wage applies to persons under 20 years of age during the initial 90 calendar days of employment with any employer.
| Non-Agricultural Employment | |
|---|---|
| Opportunity Employees | $4.25 per hour |
| Non-opportunity Employees | $4.75 per hour |
| Tipped Employment | |
| Opportunity Employees | $2.13 per hour |
| Non-opportunity Employees | $2.33 per hour |
| Agricultural Employment | |
| Adults | $4.55 per hour |
| Minors | $4.20 per hour |
Effective June 1, 1997, the Department lowered the minimum wage rate for agricultural employment to the following rates:
| Agricultural Employment | |
|---|---|
| Adults | $4.05 per hour |
| Minors | $3.70 per hour |
Effective September 1, 1997 the Department made the following changes to state minimum wage rates:
| Non-Agricultural Employment | |
|---|---|
| Opportunity Employees | $4.25 per hour |
| Non-opportunity Employees | $5.15 per hour |
| Tipped Employment | |
| Opportunity Employees | $2.13 per hour |
| Non-opportunity Employees | $2.33 per hour |
| Agricultural Employment | |
| Adults | $4.05 per hour |
| Minors | $3.70 per hour |
Effective June 1, 2005, the Department adopted new minimum wage regulations establishing new minimum wage for the categories listed below. The new regulations also established a lower minimum wage rate for minors employed in non-agricultural employment.
| Non-Agricultural Employment | |
|---|---|
| Minors | $5.30 per hour |
| Opportunity Employees | $5.30 per hour |
| Non-opportunity Adult Employees | $5.70 per hour |
| Tipped Employment | |
| Opportunity Employees | $2.13 per hour |
| Non-opportunity Minor Employees | $2.33 per hour |
| Non-opportunity Adult Employees | $2.33 per hour |
| Agricultural Employment | |
| Adults | $5.15 per hour |
| Minors | $4.25 per hour |
| Caddies Employment | |
| 9 Holes | $5.90 |
| 18 Holes | $10.50 |
| Camp Counselor Employment | |
| Minors [No board or lodging] | $175.00 salary per week |
| Minors [With board only] | $133.00 salary per week |
| Minors [With board and lodging] | $105.00 salary per week |
| Adults [No board or lodging] | $175.00 salary per week |
| Adults [With board only] | $133.00 salary per week |
| Adults [With board and lodging] | $105.00 salary per week |
Effective June 1, 2006, the Department made the following changes to state minimum wage rates:
| Non-Agricultural Employment | |
|---|---|
| Minors | $5.90 per hour |
| Opportunity Employees | $5.90 per hour |
| Non-opportunity Adult Employees | $6.50 per hour |
| Tipped Employment | |
| Opportunity Employees | $2.13 per hour |
| Non-opportunity Minor Employees | $2.33 per hour |
| Non-opportunity Adult Employees | $2.33 per hour |
| Agricultural Employment | |
| Adults | $5.15 per hour |
| Minors | $4.25 per hour |
| Caddies Employment | |
| 9 Holes | $5.90 |
| 18 Holes | $10.50 |
| Camp Counselor Employment | |
| Minors [No board or lodging] | $225.00 salary per week |
| Minors [With board only] | $171.00 salary per week |
| Minors [With board and lodging] | $135.00 salary per week |
| Adults [No board or lodging] | $270.00 salary per week |
| Adults [With board only] | $217.00 salary per week |
| Adults [With board and lodging] | $171.00 salary per week |
Effective June 1, 2007, the Department made the following changes to state minimum wage rates:
| Camp Counselor Employment | |
|---|---|
| Minors [No board or lodging] | $275.00 salary per week |
| Minors [With board only] | $209.00 salary per week |
| Minors [With board and lodging] | $165.00 salary per week |
| Adults [No board or lodging] | $315.00 salary per week |
| Adults [With board only] | $240.00 salary per week |
| Adults [With board and lodging] | $189.00 salary per week |
Effective July 24, 2009, the Department made the following changes to state minimum wage rates:
| Non-Agricultural Employment | |
|---|---|
| Opportunity Employees | $5.90 per hour |
| Non-Opportunity Employees | $7.25 per hour |
| Tipped Employment | |
| Opportunity Employees | $2.13 per hour |
| Non-Opportunity Employees | $2.33 per hour |
| Agricultural Employment | |
| Adults | $7.25 per hour |
| Minors | $7.25 per hour |
| Caddies Employment | |
| 9 Holes | $5.90 |
| 18 Holes | $10.50 |
Effective July 24, 2009, the Department determined that these are the maximum allowances for board and lodging:
| Non-Agricultural Employment | ||
|---|---|---|
| Non-Opportunity Employees | Opportunity | |
| Meals | $87.00 per week $4.15 per meal |
$70.80 per week $3.35 per meal |
| Lodging | $58.00 per week $8.30 per day |
$47.20 per week $6.75 per day |
| Agricultural Employment | ||
| All Employees | ||
| Meals | $87.00 per week | $4.15 per meal |
| Lodging | $58.00 per week | $8.30 per week |
| Camp Counselor Employment | ||
| Weekly Salary for All Employees [Adults and Minors] | [Board & Lodging] | $210 salary per week |
| Weekly Salary for All Employees [Adults and Minors] | [Board Only] | $265 salary per week |
| Weekly Salary for All Employees [Adults and Minors] | [No Board or Lodging] | $350 salary per week |
Effective August 1, 2015, minimum wage rates previously set by administrative rule in Chapter DWD 270, Wis. Admin. Code, were established in the statute itself, Wis. Stat. Ch. 104. See 2015 Wis. Act 55. This legislation also changed references about "living wage" to "minimum wage," and eliminated the Department's ability to set rates through rulemaking.
DWD Contact Information
201 E. Washington Ave
P.O. Box 7946
Madison, WI 53707
(608) 266-3131
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