The Wisconsin Employment Law Guide

Wisconsin has no law that specifically addresses uniforms or payroll deductions for uniforms. Under federal law, any deduction that takes an employee below minimum wage or cuts into their overtime compensation would be a violation of the Fair Labor Standards Act.

Employers in the city of Madison may not discriminate based on hairstyle, beards, manner of dress, weight, height, facial features, or other aspects of appearance.

Employers must pay their employees at least monthly on regular paydays the employer chooses in advance, with certain exceptions, such as for the logging and farming industries.

Employers who run background checks should ensure they’re following the requirements of the Fair Credit Reporting Act, which are available here.

Wisconsin requires that employers conduct background checks on the following types of employees or applicants: Personnel who work for a childcare facility, a child welfare agency, a children’s group home, a juvenile shelter care facility, or a temporary employment agency that provides caregivers to other entities; Caregivers who work for a facility that provides direct care to clients, including a hospital, a home health agency, a temporary employment agency that provides caregivers to other entities, or the board on aging and long-term care.

Wisconsin does not expressly allow or prohibit employers from obtaining credit reports on applicants or employees.

The city of Madison prohibits discrimination against applicants who chose not to disclose their SSN (unless required by law).

Employers are prohibited from asking about arrests other than those that are pending.

Employers may ask whether an applicant has any pending charges or prior convictions, as long as the employer makes it clear that these will only be given consideration if the offenses are substantially related to the particular job.

Employer may not make a rule that no persons with conviction records will be employed. Each job and record must be considered individually.

Employer may only refuse to hire a qualified applicant because of a conviction record for an offense that is substantially related to the circumstances of a particular job. The “substantially related” test looks at the circumstances of an offense (e.g., where it happened, when, and how) and compares that to the circumstances of the job (e.g., where the job is typically done, when, and how). The more similar the circumstances, the more likely it is that a substantial relationship will be found.

Wisconsin does not explicitly allow or prohibit testing employees or applicants for drugs or alcohol, except for employees of public works projects.

Employers may not discharge or discriminate against an employee for many types of whistleblowing. Examples of protected activity include the following:

Filing a complaint or participating in a proceeding regarding a violation of labor law, such as child labor or payment of wages

Exercising their rights under the First Amendment

COBRA is a federal law that allows many employees to continue their health insurance benefits after their employment ends. Because federal COBRA only applies to employers that have 20 or more employees, many states have adopted their own versions of the law, which are known as “mini-COBRAs.” Wisconsin’s mini-COBRA allows employees to continue their coverage for up to 18 months. Employers must provide an employee with a notice of their COBRA rights within five days of the triggering event. The notice must include information regarding premium payments.

Employers with factories or mercantile establishments must provide employees with at least 1 period of 24 hours of rest every week unless an employee “states in writing that he or she voluntarily chooses to work without at least 24 consecutive hours of rest in 7 consecutive days.”

Employers may not request or require access information of an employee or prospective employee’s personal internet account. Employers may not refuse to hire, discharge, or otherwise discriminate against an employee or prospective employee for refusing to provide such information or for opposing a prohibited practice or participating in the enforcement of this law.

An employee who is required to be on duty for less than 24 hours is working even though they are permitted to sleep or engage in other personal activities when not busy.

If an employee is required to be on duty for 24 consecutive hours or more, the employer and the employee, by mutual written agreement, may agree to exclude meal periods and a regularly scheduled sleeping period of not more than eight hours from hours worked per 24-hour period, provided adequate sleeping facilities are furnished by the employer and the employee can usually enjoy an uninterrupted night’s sleep.

To be considered an independent contractor and not an employee in the state of Wisconsin, an individual must meet and maintain all nine of the following conditions:

1. Maintain a separate business
2. Obtain a Federal Employer Identification number from the Federal Internal Revenue Service (IRS) or have filed business or self-employment income tax returns with the IRS based on the work or service in the previous year.
3. Operate under specific contracts.
4. Be responsible for operating expenses under the contracts.
5. Be responsible for satisfactory performance of the work under the contracts.
6. Be paid per contract, per job, by commission or by competitive bid.
7. Be subject to profit or loss in performing the work under the contracts.
8. Have recurring business liabilities and obligations.
9. Be in a position to succeed or fail if business expense exceeds income.

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