Wisconsin HR Consulting & Employment Law for Small Businesses

Wisconsin has a moderate employment law environment with a broad anti-discrimination act, a state FMLA with a smaller employer threshold than federal, and unique protections for arrest and conviction records.

Wisconsin employers navigate the Wisconsin Fair Employment Act (which covers arrest and conviction records as protected categories, unlike federal law), the Wisconsin Family and Medical Leave Act (which covers employers with 50+ employees and provides up to 6 weeks of leave), and the Wage Payment and Collection Laws. Wisconsin courts enforce non-competes with a reasonableness test.

Note: This guide is for informational purposes only and does not constitute legal advice. Employment laws change frequently. Consult a qualified employment attorney for advice specific to your situation.

Key Wisconsin Employment Laws

Wisconsin Fair Employment Act

The Wisconsin Fair Employment Act (WFEA) is broader than federal law in two key ways: it applies to employers with as few as 1 employee, and it prohibits discrimination based on arrest record and conviction record (subject to exceptions for substantial relationship to the job). It also covers race, sex, age, disability, sexual orientation, national origin, marital status, religion, and other categories.

Wisconsin FMLA

The Wisconsin Family and Medical Leave Act applies to employers with 50 or more employees and provides eligible employees up to 6 weeks of unpaid family leave for baby bonding and up to 2 weeks of family medical leave. It runs concurrently with federal FMLA. Wisconsin FMLA has a more flexible definition of family member than federal FMLA.

Wisconsin Non-Compete Enforceability

Wisconsin courts apply a reasonableness test. Non-competes must be reasonably necessary to protect a legitimate business interest and reasonable in duration and geographic scope. Wisconsin courts will modify overly broad agreements rather than voiding them if the core purpose is reasonable.

Wisconsin Wage Payment and Collection Laws

Wisconsin requires employers to pay wages at least twice per month on established paydays and to provide employees with a written wage statement each pay period. The Department of Workforce Development enforces wage claims. Employers who fail to pay wages may face civil penalties and claims for attorney fees.

Compliance Thresholds for Wisconsin Employers

1+ Employees: employees

  • Federal minimum wage applies (Wisconsin defers to federal rate -- state rate is lower and superseded)
  • Wisconsin Fair Employment Act anti-discrimination protections (at 1+ employee)

50+ Employees: employees

  • Wisconsin Family and Medical Leave Act: 6 weeks baby bonding/medical leave (unpaid)
  • Federal FMLA applies concurrently
  • ACA employer mandate

Common Questions About Wisconsin Employment Law

What makes the Wisconsin Fair Employment Act different from federal law?

The WFEA applies to employers with 1 or more employees (versus 15 for Title VII) and uniquely prohibits discrimination based on arrest records and conviction records. Conviction record discrimination is prohibited unless the prior conviction is substantially related to the specific job duties.

Does Wisconsin require paid sick leave?

Wisconsin does not have a statewide paid sick leave mandate. Milwaukee enacted a paid sick leave ordinance but it was preempted by state law. Federal FMLA provides unpaid leave for covered employers. Wisconsin employers set their own sick leave and PTO policies.

What is the Wisconsin minimum wage?

Wisconsin's minimum wage matches the federal floor of $7.25 per hour. Wisconsin does not have a separate higher state minimum wage. Federal overtime rules under the FLSA apply to Wisconsin employers.

What does Wisconsin FMLA provide?

Wisconsin FMLA applies to employers with 50+ employees and provides eligible employees up to 6 weeks of unpaid leave for baby bonding (birth, adoption, foster placement) and up to 2 weeks of unpaid leave for family medical emergencies. It runs concurrently with federal FMLA.

Are non-competes enforceable in Wisconsin?

Yes. Wisconsin courts enforce reasonable non-competes. The agreement must be reasonably necessary to protect a legitimate business interest and be reasonable in duration and geographic scope. Courts may modify overly broad terms rather than voiding them.

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