Wisconsin state overtime law mirrors the federal FLSA: 1.5x pay for hours over 40 in a workweek, no daily overtime. Enter your rate and hours for an accurate Wisconsin paycheck estimate.
Rules verified November 2026 · Sources: U.S. Department of Labor
By Mudassir Khan
Wisconsin law mirrors the FLSA. Each workweek stands alone.
Wage claims go to the Wisconsin DWD Equal Rights Division, within 2 years of wages due. Estimates only. Not tax, legal, or payroll advice. Confirm with your employer or a qualified professional.
Wisconsin overtime follows the federal FLSA because state law mirrors it: nonexempt workers earn 1.5 times their regular rate for hours over 40 in a workweek, with no daily overtime. The 2026 minimum wage is the $7.25 federal floor. File wage claims with the Wisconsin DWD Equal Rights Division within 2 years.
Wisconsin's overtime rule mirrors the Fair Labor Standards Act: nonexempt employees earn at least 1.5 times the regular rate for hours over 40 in a workweek. Ask for payment first, then file with the state if 6 days pass with no pay.
Wage claims go to the Equal Rights Division of the Wisconsin Department of Workforce Development. Claims must be filed within 2 years after the date the wages were due, and the division can investigate only claims filed inside that window.
Wisconsin sets no state minimum wage above the federal rate, so $7.25 an hour is the floor in 2026. Overtime math for a minimum wage worker therefore starts at $10.88 an hour.
Gross = (40 × rate) + (hours over 40 × rate × 1.5)
| Rule | Wisconsin |
|---|---|
| Overtime rule | Federal FLSA, mirrored by state law: 1.5 times pay after 40 hours in a workweek |
| Minimum wage 2026 | $7.25 (federal floor; no higher state rate) |
| State income tax | Graduated, 3.5% to 7.65% |
| Claim agency | Wisconsin DWD, Equal Rights Division |
| Claim deadline | 2 years from when wages were due |
| Worker | Math | Gross |
|---|---|---|
| $7.25/hr, 45 hours | $290 + 5 × $10.88 | $344.38 |
| $12/hr, 52 hours | $480 + 12 × $18 | $696.00 |
| $20/hr, 48 hours | $800 + 8 × $30 | $1,040.00 |
| $15/hr, five 8 hour days (40 hrs) | 40 × $15, no overtime | $600.00 |
Example 1 shows why Wisconsin overtime checks look thin: at the $7.25 floor, a 45 hour week pays only $54.38 in overtime premium. The rate is right, but the base wage keeps the premium small.
Request payment before you file. Wisconsin expects you to ask your employer for the wages first. If payment does not arrive within 6 days of the regular payday, you can file a claim with the Equal Rights Division.
The agreed wage is the enforceable wage. Wisconsin's wage claim process covers disputes over the amount of wages owed and pay for time actually worked. Your pay stubs and any written pay agreement are the evidence the division relies on.
No state minimum wage above $7.25. Wisconsin does not add a state premium, so federal FLSA coverage decides the floor. Workers covered by the FLSA get $7.25 at minimum, and overtime math always starts from your actual rate.
Wisconsin neighbors Illinois, where the same weekly formula applies: our Illinois overtime calculator shows the math with a higher state floor. The federal baseline is explained in the FLSA overtime rules guide.
Yes, and it mirrors the FLSA: 1.5 times the regular rate for hours over 40 in a workweek for nonexempt employees. There is no daily overtime rule.
With the Equal Rights Division of the Wisconsin Department of Workforce Development, within 2 years after the date the wages were due. Request payment from your employer first; if 6 days pass with no pay, file.
$7.25 an hour. Wisconsin sets no higher state rate, so the federal floor applies.
No. Only the weekly 40 hour line matters, and only hours actually worked count toward it.
Yes. Wisconsin has a graduated income tax from 3.5% to 7.65%, so overtime is taxed like any other wages, plus federal taxes.
Yes, if nonexempt. A salary alone does not remove overtime rights. Only employees who pass the FLSA exempt duties and salary tests can be denied overtime pay.
Rates and rules checked against these sources in November 2026.
Want the same math without the Wisconsin framing? Use the overtime pay calculator. Curious what the federal no tax on overtime deduction does to a Wisconsin paycheck? Try the deduction calculator.