Wisconsin Overtime Calculator — FLSA rules

Frequently Asked Questions

• Does Wisconsin have its own overtime law separate from the FLSA?

  Yes, Wisconsin administers overtime through the Department of Workforce Development under Wis. Admin. Code Ch. DWD 274. However, the core rule matches federal FLSA: overtime is required after 40 hours in a workweek, paid at 1.5× the regular rate. When state and federal rules differ, the standard more protective of the employee applies.

• How is overtime calculated in Wisconsin?

  Multiply the employee's regular hourly rate by 1.5 to get the overtime rate. Overtime pay equals overtime hours (hours worked beyond 40 in the workweek) multiplied by the overtime rate. Example: $20/hr regular rate → $30/hr overtime rate. 48 hours worked → 8 hours OT × $30 = $240 in overtime pay, plus 40 × $20 = $800 regular pay, for a $1,040 weekly total.

• Does Wisconsin require overtime after 8 hours in a single day?

  No. Wisconsin has no daily overtime rule. Overtime is triggered only after 40 hours in the full workweek. This is different from California, which requires overtime after 8 hours in a day.

• What is the Wisconsin salary threshold for overtime-exempt employees in 2026?

  Wisconsin's own administrative code sets a salary threshold of $700/month for executive and administrative exemptions. However, the federal FLSA threshold of $684/week ($35,568/year) is higher and more favorable to employees — so the FLSA threshold governs most Wisconsin white-collar exemption analyses. Employees must also meet the duties test (primarily executive, administrative, or professional work).

• Who is exempt from overtime in Wisconsin?

  Employees whose primary duties are executive, administrative, or professional and who are paid on a salary basis meeting the FLSA threshold ($684/week as of 2026) are typically exempt. Other exempt categories include outside sales employees, certain computer professionals, highly compensated employees, and some agricultural and retail workers. Non-exempt workers — most hourly employees — are entitled to overtime.

• Can a Wisconsin employer require employees to work overtime?

  Yes. Wisconsin law does not cap how many hours an adult employee can work, and employers can generally require overtime. Refusing to work required overtime may be grounds for discipline. The employer must still pay the applicable overtime rate for all hours worked over 40 in the workweek.

• How does Wisconsin calculate overtime for tipped employees?

  Tipped employees are entitled to overtime at 1.5× their regular rate of pay — which must be calculated on the full minimum wage ($7.25/hr), not just the cash wage portion. For example, if the regular rate is $7.25/hr, the overtime rate is $10.875/hr. The tipped overtime rate cannot be based on the $2.33 cash minimum alone.

• What if a Wisconsin employer misclassifies an employee to avoid overtime?

  Misclassification is a wage theft violation. The employee can file a complaint with the Wisconsin DWD Equal Rights Division or the federal U.S. Department of Labor Wage and Hour Division. Claims must typically be filed within two years (Wisconsin) or two to three years for willful FLSA violations. Back wages, plus interest and civil monetary penalties, may be owed.

• Does overtime apply to part-time employees in Wisconsin?

  Yes. There is no part-time or full-time distinction in overtime law. Any non-exempt employee who works more than 40 hours in a workweek is entitled to overtime pay for those extra hours, regardless of whether they are classified as part-time.

• Where can I file an overtime claim in Wisconsin?

  You can file a wage claim with the Wisconsin Department of Workforce Development (DWD) Equal Rights Division at dwd.wisconsin.gov. Alternatively, you can file a complaint with the U.S. Department of Labor Wage and Hour Division under the FLSA. Wisconsin claims must be filed within two years of when wages were due; federal FLSA claims allow up to three years for willful violations.