Wisconsin Employment Law

The Wisconsin Fair Employment Act is notable for being the first state law in the nation to prohibit employment discrimination based on sexual orientation, enacted in 1982. The Act covers all employers with one or more employees and prohibits discrimination based on age (40+), race, creed, color, disability, marital status, sex, national origin, ancestry, arrest record, conviction record, military service, sexual orientation, use or nonuse of lawful products off-premises during nonworking hours, genetic testing, and declining to attend a meeting or participate in communications about religious or political matters. Complaints must be filed within 300 days with the Wisconsin Equal Rights Division.

Provides up to 6 weeks per year for the birth/adoption of a child, 2 weeks for serious health condition of self, spouse, parent, or child. Applies to employers with 50+ permanent employees. Coverage threshold and leave reasons differ from federal FMLA.

Sets state minimum wage at $7.25/hour (matches federal). Includes overtime requirement at 1.5x for hours over 40/week. Provides private right of action.

Requires employers to pay wages at least monthly within 31 days of pay period end; final wages by next regular payday. Provides up to 50% increase in wages owed plus penalties for unpaid wages.

Requires employers with 50+ employees to provide 60 days' advance notice of business closing or mass layoff (25+ employees affected). State threshold lower than federal WARN's 100/50.

Prohibits unreasonable refusal to rehire an employee injured on the job. Employer must rehire if work becomes available unless reasonable cause exists. Recognized exception to at-will employment.