State Labor Law Requirements in Wisconsin

In my research of lunch and break laws across the United States, I have learned that Wisconsin has a situation that is somewhat unique.

Like many states, Wisconsin has a specific requirement as to meal breaks for minors. Employees under the age of 18 must be given a 30 minute unpaid, uninterrupted meal break if they have worked six hours or more. Other short rest breaks are not mandated by law.

Most states provide either a specific regulation pertaining to workers over 18, or they leave the subject to the federal government. Wisconsin takes a middle ground by providing an administrative recommendation. The Wisconsin Administrative Code suggests that employers provide a break of at least 30 minutes at or near the usual meal period. This administrative recommendation does not carry the force of law, so employers are not required to follow it and face no penalty if they do not do so. Employees also have no recourse under the law if their employer does not provide a meal break, so they must take complaints directly to their employer.

If Wisconsin employers do choose to offer meal breaks, the state regulations do require that employees be paid for their breaks if they must carry out any work duties during the break, or even if they are required to remain on the premises. If a worker is completely free of his or her duties and is free to leave the work site, the meal break may be unpaid as long as it is 30 minutes or more in length. Shorter meal breaks or rest breaks offered during the day must also not be deducted from a worker’s income.

Finally, Wisconsin law does provide a specific meal break requirement for one type of worker: migrant laborers. Under the state law, migrant agricultural laborers must be provided an unpaid meal break of at least 30 minutes for each six hours they work continuously.

A helpful presentation of state and federal laws related to this and many other labor law issues can be found on the Wisconsin All in One Labor Law Poster.