Wisconsin's Mandatory Overtime Laws for Over 40 Hours

Wisconsin's overtime laws address every employment relationship.Wisconsin state contour against blurred USA flag image by Stasys Eidiejus from Fotolia.com

Mandatory overtime laws can differ from state to state, and also can depend on the occupation of the worker and type of business. Employers should be aware of the laws in their state to avoid treating anyone unfairly or even breaking the law. The Department of Labor enforces these laws.

Wisconsin's General Overtime Laws

Overtime laws in Wisconsin apply to most employers, including state and local government. However, the laws don't apply to every worker, but mainly hourly workers. Covered workers are paid one-and-a-half times the normal hourly wage after working more than 40 hours, even if paid by a non-profit organization.

In Wisconsin, the Child Labor regulation law states that 16- and 17-year-old employees can work for more than 40 hours per week when school is not in session as long as overtime is paid. In addition, they must not work more than 50 hours a week. As an exception, if minors ages 14 to 17 work in agriculture during busy periods, they can work more than 50 hours per week as long as overtime is paid after 40 hours.

Specific industries and employees are exempt from overtime in Wisconsin. Agricultural work is exempt from overtime pay except for underage employees. Private domestic workers, federal agencies, and some nonprofit organizations are exempt from overtime. Employees of funeral establishments are exempt. Merchants, or service providers who spend most of their time away from their main location, are exempt from overtime. These employees include taxicab drivers and salespeople. Executive-level workers are exempt. Highly skilled jobs such as computer programmers or software engineers and careers related to these are exempt from overtime if they are paid hourly at the rate of $27.63 or higher.