Wisconsin Overtime Laws 2026: Manufacturing Exemption & Pay Guide

Wisconsin Overtime Pay Rules in 2026

Wisconsin's overtime law largely mirrors the federal FLSA, but with one major exception: the manufacturing and commerce overtime exemption. Under Wisconsin Statute DWD 274.04, certain employers in manufacturing and commerce can use an 80-hour two-week period instead of the standard 40-hour week for calculating overtime.

Wisconsin Minimum Wage in 2026

Wisconsin's minimum wage remains $7.25 per hour in 2026. The state has not raised its minimum wage above the federal floor since 2009. Tipped workers may be paid $2.33 per hour in direct wages (higher than the federal $2.13), provided tips bring them to at least $7.25/hour.

| Worker Type | Minimum Wage (2026) |

|---|---|

| Non-tipped employees | $7.25/hour |

| Tipped employees | $2.33/hour cash + tips |

| Opportunity employees (first 90 days, under 20) | $5.90/hour |

Standard Weekly Overtime in Wisconsin

For most Wisconsin workers, overtime follows the familiar federal rule:

• 1.5× regular rate for all hours worked over 40 in a workweek
• No daily overtime threshold

Example — A Milwaukee retail worker earning $16/hour works 45 hours:

• Regular: 40 × $16 = $640
• Overtime: 5 × $24 = $120
• Total: $760

The Wisconsin Manufacturing Exemption

This is Wisconsin's unique provision. Employers engaged in manufacturing, mechanical, or retail commerce can elect to compute overtime on an 80-hour, two-week basis instead of a 40-hour week.

Under this exemption:

• Hours 1–80 over two weeks = regular rate
• Hours 81+ over two weeks = 1.5× rate
• The employer must pay at least the regular rate for the first 80 hours

Example — A Green Bay factory worker on the 80-hour system:

• Week 1: 48 hours
• Week 2: 32 hours
• Total: 80 hours → Zero overtime (vs. 8 hours OT under standard 40-hour rule)

This exemption only applies if the employer properly elects it and notifies employees. Many Wisconsin manufacturers use this to avoid overtime on uneven production schedules.

Wisconsin Overtime Exemptions

Wisconsin recognizes the standard FLSA exemptions plus a few state-specific ones:

• White-collar exemptions ($684+/week)
• Outside salespeople
• Certain dairy and agricultural workers
• Drivers and driver's helpers under the Motor Carrier Act
• Camp counselors at nonprofit camps
• Students working in higher education (limited hours exemption)

Wisconsin vs. Neighboring States

| State | Daily Overtime | Manufacturing Exemption | Min Wage (2026) |

|---|---|---|---|

| Wisconsin | No | Yes (80-hour biweekly) | $7.25 |

| Illinois | No | No | $15.00 |

| Michigan | No | No | $10.56 |

| Minnesota | No | No | $10.85 (large employer) |

| Iowa | No | No | $7.25 |

Frequently Asked Questions

Does Wisconsin require overtime after 8 hours?

No. Wisconsin has no daily overtime law.

Can my Wisconsin employer use the 80-hour rule without telling me?

No. The employer must elect the exemption and provide notice. If you were not informed, you may be owed standard 40-hour overtime.

Does Wisconsin have mandatory overtime restrictions?

No statewide law. However, some industries (healthcare) may have union contracts or facility policies limiting mandatory OT.

How do I file a wage claim in Wisconsin?

Contact the Wisconsin Department of Workforce Development at (608) 266-6860 or file online.

Calculate your Wisconsin overtime pay with our Wisconsin Overtime Pay Calculator.