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Wisconsin Double Time Laws

Rest periods or breaks of less than 30 consecutive minutes per shift are considered working time and must be remunerated. Employers cannot deduct less than 30 consecutive minutes of free time from an employee`s salary. The expression “habitual and regular” means more than occasional but less constant; It includes work that is usually done each work week, but not isolated or one-off tasks. Most Wisconsin hourly workers are entitled to special overtime pay for all hours worked out of a total of 40 in a single work week (defined as seven consecutive working days by the Fair Labor Standards Act). The Department of Labor has not established a “definition of double time” at the federal level, so unfortunately there are no national requirements to compensate workers with twice the normal rate for overtime pay. Unionized workers may be an exception. Some collective agreements provide for a double rate of pay, especially for very long working days, but you will need to check with your own contract if double time (in addition to overtime) applies in your case. Regardless of whether an employer pays the overtime premium directly into the salary or offers compensatory time to the employee, the employer is required to pay the person 1 1/2 times their regular overtime wage rate. If the employer pays the overtime premium by allowing the employee to use compensatory hours, the employee is entitled to 1.5 hours of compensatory time for each hour of overtime worked. Non-government employers must also ensure that the employee uses compensatory time within 31 days of obtaining the time. Your job is classified as a management position if your full-time responsibility is to manage two or more employees. You can`t spend more than 20% of your time on other activities (or 40% in a retail business), and your job should be a paid position.

Yes. Work that is not requested but suffered or authorized is working time. It is the duty of management to exercise control and ensure that the work is not done if the employer does not want it done. An employer cannot sit back and accept benefits without compensating workers. Simply designating an employee as an independent contractor or even entering into a written agreement is not enough to circumvent employment law on overtime pay. If an employer makes improper deductions from an exempt employee`s wages, this may destroy the “wage base” of the wage and not exempt the employee and make them eligible to work overtime. Employees whose wages are “subject to payment” for reasons inconsistent with the wage base can no longer be considered to be paid on a salary basis under the Act. So if an employer effectively freezes employees` wages, or if there is a specific employment policy that requires wage cuts in certain situations, the employer can destroy the wage base. For more information, see question 6.

The state overtime law applies to most Wisconsin employers, including state and local government units, but not necessarily to all employees. Insured employees, regardless of age, must receive 1 1/2 times their regular salary for all hours worked that work more than 40 hours per week. Wisconsin`s labor laws require an employer to provide payslips to employees that indicate: The Fair Labor Standards Act, administered by the U.S. Department of Labor, may set overtime wage requirements for occupations or industries exempt by state law. It is up to the employer to determine liability under both Acts. Complaints can also be submitted to the following organization: Again, not necessarily. Employees who are otherwise protected by the RSA may still be considered “exempt” and are not eligible for overtime protection if both of the following criteria are met: Have as their primary task the management of the business or to direct a generally recognized department or subdivision of the business; ordinarily and regularly directs the work of at least two or more other full-time employees or their equivalents; and has the authority to hire or terminate other employees or whose suggestions and recommendations on the employment status of other employees must have special weight. the number of unlawful deductions, in particular in relation to the number of offences committed by employees justifying deductions; the period during which the employer made undue deductions; the number and geographic location of employees whose salaries have been unduly reduced and of managers responsible; and whether the employer has a clearly communicated policy that allows or prohibits undue deductions. Wage-Hour can monitor the payment of salary arrears. The Minister of Labour can bring an action for arrears of wages and an additional penalty called liquidated damages, which can amount to arrears of payment (essentially doubling of damages) if an employer has intentionally broken the law. An employee can file a private claim for additional payment and an amount equal to lump sum damages, attorneys` fees, and court costs.

An employee cannot take legal action if they have reimbursed their wages under the supervision of Wage-Hour or if the Minister of Labour has already filed a claim for wage recovery. The Secretary of Labour may seek an injunction to deter any person from violating the FLSA, including unlawful withholding of reasonable overtime pay. While there are situations where workers legally operate their own businesses and are rightly treated as independent contractors who are not entitled to overtime, employers should not misrepresent workers` roles to avoid paying overtime. Most Wisconsin workers are eligible for overtime pay if they work more than 40 hours per week. However, there are exceptions in certain circumstances.