The Wisconsin overtime rule this calculator models
Wisconsin overtime is time-and-a-half after 40 hours in a workweek under Wis. Stat. §§103.01-103.03, as recorded in the verified state registry. The calculator pays straight time for all entered hours, then adds the overtime premium only for hours above the verified threshold. That structure prevents stacking two overtime premiums on the same hour.
Basic formula
Worked example
One weekly-overtime week
What this does not determine
- Whether the worker is exempt from state or federal overtime.
- Whether the employer is covered by the state rule, the federal FLSA, or both.
- Whether bonuses, commissions, multiple rates, or tip credits require a different regular-rate analysis.
- Whether public-sector, agricultural, retail, seasonal, collective-bargaining, or industry-specific exceptions apply.
- Whether a wage claim is timely or which agency process a worker should choose.
State-specific source notes
- Statute/source anchor: Wis. Stat. §§ 103.01–103.03 and DWD Admin. Code Ch. 274.
- Agency and wage-claim process: Wisconsin Department of Workforce Development, Equal Rights Division. GAP — wage-claim timing under Chapter 109 was not extracted in the verified assignment data.
- Neighbor contrast: Minnesota has a separate state overtime threshold for some state-only coverage, while Wisconsin’s overtime calculation is a weekly rule tied to DWD regulations.
Sources and verification
The threshold, multiplier, and source link are read from src/data/states.json. Values marked unverified render no calculator. The calculation was checked with a Node test for Wisconsin covering no overtime, overtime above the weekly threshold, additional includable pay, nonnegative inputs, and visible DOM output. Primary source: Wisconsin overtime source.
Wisconsin overtime law: DWD Administrative Code standard and the distinctive One Day of Rest rule
Wisconsin's overtime requirement is in Wis. Stat. §§ 103.01–103.03 and DWD Admin. Code Ch. 274: time-and-a-half for hours over 40 in a workweek. Wisconsin has no daily overtime rule. The standard is the same 40-hour weekly threshold as the federal FLSA, but Wisconsin's state statute provides an independent state-law enforcement path through the Wisconsin Department of Workforce Development, Equal Rights Division (dwd.wisconsin.gov).
Wisconsin has a distinctive scheduling rule: Wis. Stat. § 103.85 — the One Day of Rest in Seven law — requires factories and retail establishments to give employees at least 24 consecutive hours off per calendar week (Sunday–Saturday). This is not an overtime rule; working on that rest day does not automatically generate premium pay. If an employer requires work on the mandated rest day, hours on that day count toward the 40-hour weekly overtime threshold, but the rest day itself doesn't generate a premium unless the total week exceeds 40 hours.
Wisconsin's minimum wage is $7.25/hr (Wis. Stat. § 104.035), at the federal floor. Wisconsin Stat. § 104.001 preempts all local minimum wage ordinances statewide.
How does Wisconsin compare to its neighbors? Illinois, to the south, has 820 ILCS 105/4a(1) as a state overtime statute with a four-employee threshold, Chicago's $17.05/hr local wage, and the separate ODRISA rest-day requirement. Minnesota, to the northwest, has Minn. Stat. § 177.25 creating a 48-hour state overtime threshold for non-FLSA employers — eight hours above both Wisconsin and the FLSA. Michigan, to the east, follows Public Act 337 (Improved Workforce Opportunity Wage Act) for overtime. Wisconsin's One Day of Rest is unique among these neighbors — no other Midwestern state has a statutory calendar-week rest mandate for factory and retail workers.