Wisconsin wage claims: how to get your unpaid pay

How to file a wage claim in Wisconsin

1. Gather your records

   Dates and hours worked, your pay rate, pay stubs or bank deposits, texts or schedules, and the employer's name and address.

2. Ask in writing first (optional)

   A demand letter gives your employer a deadline to pay and shows you tried. Use the free letter on this page.

3. File with Wisconsin Department of Workforce Development

   If your employer does not pay you on payday, ask for the money first; if you are still not paid after 6 days, file a Labor Standards Complaint with DWD online (you log in with a MyWisconsin ID) or print, sign and mail the paper form (LS-119) to Equal Rights Division, PO Box 8928, Madison, WI 53708. An investigator sends your complaint to the employer, who can pay or send its side; you get a chance to reply, and the investigator issues a written decision, which either side can ask DWD to review. If the employer still will not pay, DWD can send the case to the county district attorney to sue. Filing is free; you can also sue in small claims or circuit court yourself.

4. Watch the deadline

   File with DWD or in court within 2 years of the date the wages were payable; DWD will not accept claims for pay due more than 2 years before it receives the complaint (DWD).

Minimum wage and overtime in Wisconsin

Wisconsin's minimum wage is $7.25 an hour (Wis. Stat. ch. 104; DWD 272), the same as the federal rate. Workers under 20 can be paid an 'opportunity wage' of $5.90 for their first 90 days. No increase is scheduled.

Minimum wage (2026)

$7.25

Tipped cash wage

$2.33

Overtime

Most Wisconsin employers must pay 1.5 times your regular rate for hours over 40 in a workweek. There is no daily overtime, except on some public works construction projects. Exempt groups include farm workers, certain salaried executive, administrative and professional employees, some commissioned salespeople, and most non-profit organizations (except their restaurants and hotels).

Paydays: At least once a month, with no more than 31 days between paydays; logging and farm work may be paid quarterly (Wis. Stat. ch. 109, per DWD).

Your final paycheck in Wisconsin

If you are fired or laid off

On the employer's regular pay schedule (your next regular payday).

If you quit

On the employer's regular pay schedule (your next regular payday). If your employer has a notice-of-quitting policy you knew about and did not follow, DWD says it may be able to reduce your final paycheck or vacation/PTO payout.

Law

Wis. Stat. § 109.03 (statute not reachable; rule as stated by DWD)

When was your final paycheck due in Wisconsin?

Enter how your job ended and your last day of work. We show your state’s rule and, when the rule is a simple number of days or your next payday, the date.

Penalties your employer may owe

If DWD sends your case to the district attorney, the court can award you an extra 100% of the wages owed for the late payment, and an employer that holds back pay to get a discount or to harass or cheat you can face a $500 fine and up to 90 days in jail (DWD). An employer that takes an illegal deduction for loss, theft, damage or bad work can owe you twice the amount deducted (DWD).

Retaliation and immigration status

Your employer may not punish you for trying to enforce your rights under Wisconsin labor standards laws or for taking part in a DWD investigation; you can file a retaliation complaint with the Equal Rights Division (DWD).

Federal law also makes it illegal to fire or punish you for filing a wage complaint or cooperating in an investigation (US DOL Fact Sheet #77A).

The US Department of Labor’s Wage and Hour Division enforces federal wage law without regard to immigration status, and its services are free and confidential whether you are documented or not (US DOL).

Deductions and tips

Your employer may take money out of your pay for loss, theft, damage or faulty work only if you sign a written authorization after the incident (blanket authorizations are not allowed), a representative you choose agrees you were at fault, or a court finds you liable. Tipped workers can be paid $2.33 an hour if wages plus tips average at least $7.25 an hour over the pay period; otherwise the employer must make up the difference (DWD).

Good to know in Wisconsin

• Your pay stub must show hours worked, rate of pay, and each deduction and its reason (DWD).
• If you give two weeks' notice and the employer lets you go right away, you are not owed pay for the notice period, but you may qualify for unemployment benefits (DWD).
• Unused vacation must be paid when you leave if the employer has a written vacation policy without a written forfeit rule (DWD).

Forms

• Labor Standards Complaint (LS-119)
• Queja de normas laborales (LS-119-S, Spanish)
• Wisconsin Minimum Wage Rates poster (ERD-9247-P)

Wage-theft calculator for Wisconsin

Work out what you should have been paid: at least the minimum wage for every hour, plus overtime. Then compare it with what you got.

Free demand letter for unpaid wages

A short, firm letter asking your employer to pay what it owes by a deadline. Many workers get paid at this step, and in some states a written demand starts penalties or makes the employer pay your attorney fees later. Fill this in, then download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail or an email you keep.

Questions about wage claims in Wisconsin

Other states