Millions Recovered
For Unpaid Workers
Wisconsin has specific wage protections that differ from federal law, particularly regarding compensable time. Under DWD 272.12, Wisconsin broadly defines work time to include travel, waiting, and on-premises time that federal law might not require to be paid. Understanding these rules is key to recovering your unpaid wages.
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Get an estimate of what you're owed in just 60 seconds. This calculator is based on federal FLSA laws and includes liquidated damages (double your unpaid wages).
While Wisconsin generally follows federal overtime rules (1.5x after 40 hours), DWD 272.12 provides broader protections for compensable time. Wisconsin requires payment for all time on employer premises, certain travel time, and breaks under 30 minutes. These rules often entitle workers to more pay than federal law alone.
| Provision | Wisconsin Law | Federal FLSA | Which Applies? |
|---|---|---|---|
| Minimum Wage (State) | $7.25/hr (matches federal) | $7.25/hr | Same |
| Milwaukee Minimum Wage | $12.00/hr (large employers) | $7.25/hr | Milwaukee (66% higher) |
| Tipped Minimum Wage | $2.33/hr ($2.13 opportunity rate*) | $2.13/hr | Wisconsin (slightly higher) |
| Training Wage (First 90 Days) | $5.90/hr | $4.25/hr (Under 20) | Wisconsin (higher) |
| Overtime Threshold | 40 hours/week | 40 hours/week | Same (1.5x after 40 hrs) |
| On-Premises Time | All time on premises = work time | Only if "suffered or permitted" | Wisconsin (broader) |
| Short Breaks (<30 min) | Must be paid as work time | Only if less than 20 minutes | Wisconsin (more generous) |
| Travel Time (Away from Home) | Compensable if outside home community | Only travel during workday | Wisconsin (may be broader) |
| Statute of Limitations | 2 years (DWD) / 3 years (Court) | 2-3 years | Similar; court claims may extend |
| Exempt Salary Threshold | Follows federal ($684/week) | $684/week ($35,568/year) | Same (federal threshold) |
| Portal-to-Portal (Compensable Time) | DWD 272.12 defines broadly (on-premises, travel, waiting) | Integral & indispensable test | Wisconsin may provide more protection |
Wis. Stat. § 103.02, DWD 272.12.02
Under Wisconsin law, all hours worked must be compensated. Common violations include:
DWD 272.12 requires payment for ALL time on employer's premises under the employer's control.
DWD 272.12.04
Being paid a salary does NOT automatically make you exempt from overtime. You must:
"Assistant managers" in retail, restaurant, and manufacturing are frequently misclassified and owed overtime.
DWD 272.12.02(2) - Time on Premises
Wisconsin's DWD 272.12 defines compensable time broadly:
Meat processing plants (see Weissman v. Tyson) and warehouses commonly violate these rules.
DWD 272.12.02(3) - Travel Time
Wisconsin has specific rules for travel time:
Construction workers, service technicians, and delivery drivers often have travel time claims.
DWD 272.12.02(4) - Meal and Rest Periods
Wisconsin has specific break rules:
Automatic meal deductions while working through lunch is a common violation.
Wis. Stat. § 103.02
Wisconsin's manufacturing sector has high violation rates:
Food processing plants in particular have faced major class actions over these issues.
Major employers across Wisconsin:
Wisconsin's industrial base:
Hospitals, nursing homes, and clinics:
Trucking and distribution:
Commercial and residential building:
Tourism and dining:
Under Wisconsin law, you can recover all unpaid wages including: regular hourly pay, overtime at 1.5x rate, and all compensable time under DWD 272.12 (on-premises time, travel time, short breaks, donning/doffing). The broader definition of compensable time often means larger recoveries than federal law alone.
Under federal FLSA (which applies in Wisconsin), you may recover 100% liquidated damages—doubling your unpaid wages—unless the employer can prove it acted in good faith. Most employers cannot meet this burden, so doubling is common.
Wisconsin DWD administrative claims (Chapter 109) allow recovery for 2 years. However, court-based wage claims may extend to 3 years for certain violations. Federal FLSA allows 2-3 years (3 if willful). The choice of venue can impact your total recovery.
Under both federal FLSA and Wisconsin law, if you prevail in a wage and hour case, you recover reasonable attorney's fees from your employer. Your employer pays your lawyer separately—fees are not deducted from your recovery. This makes it financially viable to pursue wage claims.
Example: Meat processing worker with 15 min/day unpaid donning/doffing
15 min × 5 days × 50 weeks × 3 years = 187.5 hours of unpaid time
At $18/hr with OT (1.5x): ~$5,000+ in recoverable wages, potentially doubled to $10,000+
While Wisconsin generally follows federal minimum wage and overtime rules, DWD 272.12 provides broader protections for compensable time. These rules often entitle Wisconsin workers to pay for time that federal law might not require to be compensated.
While Paul M. Botros is licensed in Texas and Florida, we successfully help Wisconsin workers recover unpaid wages through our network of experienced Wisconsin employment attorneys. We partner with skilled local counsel who understand DWD 272.12 and Wisconsin's unique compensable time rules.
Expert legal review of your overtime claim. No fees unless we win. Use the calculator above to estimate your recovery, then contact us for a detailed case analysis.