Dealing With Unpaid Wages in Wisconsin
My employer hasn't paid me — here's what Wisconsin law says and what to do next.
Statute: Wis. Stat. § 109.03
Deadline: 13 days
Penalty: Employer may be liable for the unpaid wages plus increased wages of up to 50% of the amount owed, plus reasonable attorney fees and costs
What is dealing with unpaid wages?
The federal minimum wage is $7.25 per hour. Your employer must pay you at least this amount for every hour you work. Many states and cities have higher minimum wages — you're entitled to whichever is higher.
Tipped employees have a lower federal minimum ($2.13/hr), but your tips plus wages must equal at least $7.25/hr. If they don't, your employer must make up the difference.
What to Do If Your Employer Pays Below Minimum Wage
Step 1: Know your rate. Check your state and city minimum wage — it's often higher than the $7.25 federal rate.
Step 2: Calculate your actual hourly pay. Divide your total weekly pay by total hours worked. If it's below the minimum, you have a claim.
Step 3: Document everything. Save pay stubs, schedules, and any records of hours worked.
Step 4: File a complaint. Contact the DOL Wage and Hour Division or your state's labor department. Many employment attorneys handle wage cases on contingency.
How Wisconsin differs from federal law
Wisconsin's minimum wage matches the federal rate:
- Standard minimum wage: $7.25/hr (same as federal)
- Tipped employees: $2.33/hr cash wage (must reach $7.25/hr with tips)
- Opportunity employees: $5.90/hr for employees under 20 during their first 90 consecutive days of employment
- Wisconsin does not have scheduled minimum wage increases
- Wisconsin law preempts local governments from setting higher minimum wages (Wis. Stat. § 104.001(2))
- The WI minimum wage applies to most employers — exemptions exist for some agricultural and domestic workers
Additional steps in Wisconsin
File minimum wage complaints with the WI Department of Workforce Development, Equal Rights Division at (608) 266-6860 or online at dwd.wisconsin.gov. Workers can also file with the federal DOL or bring a private lawsuit.
What you should NOT do
Don't accept illegal deductions. Your employer cannot deduct for cash register shortages, breakage, or uniforms if it would bring your pay below minimum wage.
Don't ignore tip credit violations. If you're a tipped employee and your tips + base pay don't reach $7.25/hr, your employer must pay the difference.
Don't sign away your rights. Any agreement to work for less than minimum wage is unenforceable under federal law.
Don't wait — the clock is ticking.
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Generate your unpaid wages →This page is general legal information for Wisconsin, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Wisconsin.