Tel: (414) 431-1920
Both Federal and Wisconsin law requires employers to pay overtime wages. Generally, overtime wages must be 1.5 times your regular rate per hour for all hours worked in a workweek in excess of 40 unless you legally fall within an exemption from the overtime law. If an employer is denying overtime pay to an employee, it is subject to claims under the Fair Labor Standards Act and Wisconsin wage laws. For more detailed information on unpaid overtime wage claims, visit this site at Unpaid Overtime Wages.
The Federal minimum wage recently increased. As of July 24, 2008, all employees are entitled to a minimum of $5.85 per hour of work unless you legally fall within an exemption from the federal minimum wage laws. The minimum wage under Federal law will increase again to $6.55 per hour on July 24, 2008, and again to $7.25 per hour on July 24, 2009. Meanwhile, all employers in Wisconsin must meet the Wisconsin minimum wage law of $6.50 per hour.
An employer's obligation to pay employees the minimum wage depends on whether the employer and employee are covered by either the state or federal law on wages. Also, certain employees are not covered by the minimum wage law and are considered exempt by virtue of their duties or the type of employment. Employers, however, may mis-classify employees as exempt from the law when in fact they are covered. Failing to pay employees the appropriate wage because the employer mis-classifies the employee as exempt will likely result in a violation of the employees rights under these wage laws.
Wisconsin law prohibits deductions from an employee's paycheck in most circumstances. When it is permitted, the employee generally must agree to the deduction in writing before the deduction begins. An employer's deduction from a paycheck without the employee's consent may violate Wisconsin law and the employee may have a legal claim for damages.
Wisconsin law requires an employer to pay current and former employees within 30 days of each day worked. Final paychecks must be paid on the next regular payday. If an employer fails to make timely payment of wages, an employee may file a complaint with the Labor Standards Bureau of the Equal Rights Division of Wisconsin’s Department of Workforce Development. The Bureau will investigate the claim and, if it determines a violation occurred, will demand payment. If the employer does not comply, the Bureau may then refer the matter to the local district attorney to seek payment.
A consumer may also file a claim for these unpaid wages and, if successful, may recover his reasonable attorney’s fees and costs in the discretion of the court. Failing to pay these wages may also implicate Federal law for minimum wage violations and common law claims for breach of contract.
We represent people, employees in unpaid wage and overtime pay claims, typically on a contingency fee basis where our fees are paid only upon a recovery on your behalf. We represent employees throughout the entire process of a claim.
You can also contact Wisconsin’s Labor Standards Bureau to file a wage complaint without an attorney. To start the process, contact the Wage and Hour Bureau as follows:
STATE OF WISCONSIN
DEPARTMENT OF WORKFORCE DEVELOPMENT
EQUAL RIGHTS DIVISION
CIVIL RIGHTS BUREAU
201 E WASHINGTON AVE
PO BOX 8928
MADISON WI 53708
Telephone Number: (608) 266-6860
TTY Number: (608) 264-8752
819 N 6th ST
MILWAUKEE WI 53203
Telephone Number: (414) 227-4384
TTY Number: (414) 227-4081