Wisconsin
Wisconsin Minimum Wage 2026: $7.25 an Hour Under State Law
Independently fact-checked against primary sources (last audited September 30, 2026). · 13 primary sources cited on this page. How we verify our legal content

Wisconsin's minimum wage is $7.25 an hour, the same as the federal rate. Wis. Stat. 104.035(1)(a) states: "Except as provided in subs. (2) to (8), the minimum wage is $7.25 per hour." The statute is a fixed dollar amount with no indexing, and no Wisconsin city or county may set a higher local rate. Wisconsin's tipped cash wage is $2.33, and a lower "opportunity wage" of $5.90 applies to some workers under 20.
Information last verified on September 29, 2026. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This page covers Wisconsin's minimum wage statutes (Wis. Stat. ch. 104) and the federal Fair Labor Standards Act (FLSA) overlay. It does not cover overtime or Wisconsin's wage payment and wage claim rules in detail, or other states.
Wisconsin minimum wage rates
| Who | Minimum wage |
|---|---|
| Most employees, including minors under 18 and agricultural employees | $7.25 |
| Opportunity employees (under 20, first 90 consecutive days of employment) | $5.90 |
| Tipped employees who are not opportunity employees (cash wage) | $2.33 |
| Tipped opportunity employees (cash wage) | $2.13 |
| Camp counselors at seasonal recreational or educational camps | $350 a week (no meals or lodging), $265 (meals only), $210 (meals and lodging) |
| Golf caddies | $10.50 per 18 holes, $5.90 per 9 holes |
The Wisconsin Department of Workforce Development (DWD) publishes the same figures on its minimum wage page. The state statute, Wis. Stat. 104.035, sets the $7.25 rate, the tipped wage, and the camp counselor and golf caddy rates. Definitions, including "opportunity employee," are in Wis. Stat. 104.01.
Will Wisconsin's minimum wage go up in 2027?
No increase is scheduled. The rate in Wis. Stat. 104.035 is a set dollar figure, and the chapter 104 statutes were current through 2025 Wisconsin Act 247 as of September 4, 2026, with $7.25 unchanged.
A bill to raise the wage did not become law. Senate Bill 1126 (2025-26 session) would have raised the minimum wage to $15.00, indexed it to inflation, eliminated the separate lower tipped wage and repealed the local-ordinance ban in Wis. Stat. 104.001. It was introduced March 19, 2026, referred to committee, and "Failed to pass pursuant to Senate Joint Resolution 1" on March 23, 2026. It is not law.
Tipped minimum wage in Wisconsin
For a tipped employee who is not an opportunity employee, the cash wage is $2.33 an hour. The statute says: "For wages earned by a tipped employee who is not an opportunity employee, $2.33 per hour." A tipped opportunity employee's cash wage is $2.13.

The employer must establish through payroll records that the tips received in a week, combined with wages paid, meet the applicable minimum wage. DWD puts it this way: if your tips combined with the hourly wage of at least $2.33 do not average at least $7.25 an hour over the pay period, your employer must make up the difference.
A common mistake is treating $2.13 as the Wisconsin tipped wage. In Wisconsin it is $2.33, and $2.13 applies only to tipped opportunity employees.
Federal law adds rules on tips. An employer may not keep employees' tips, including by letting managers or supervisors keep them, whether or not it takes a tip credit (29 U.S.C. 203(m)(2)(B)).
Wisconsin opportunity wage for workers under 20
The opportunity wage is $5.90 an hour. Under the statute, "the minimum wage for an opportunity employee is $5.90 per hour." DWD explains that an employee under 20 may be paid $5.90 for the first 90 consecutive calendar days of employment, or until the employee turns 20 if that comes first.
Minors under 18 who are not opportunity employees are owed $7.25, and so are agricultural employees.
Meal and lodging allowances
Wisconsin lets an employer credit certain meals and lodging toward the minimum wage. Under the Wisconsin statutes, the allowances are $58 a week or $8.30 a day for lodging, and $87 a week or $4.15 a meal for meals. Opportunity employees have separate allowances.
Who Wisconsin's law does not cover
Wis. Stat. 104.01(2)(b) excludes several groups from the definition of "employee." They include house-to-house newspaper delivery and direct retail sale individuals, certain public-employer staff, outside salespeople whose primary duty is sales away from the employer's place of business, and minor-league baseball players under a collective bargaining agreement. It also excludes persons who are not FLSA employees or who are exempt from the federal minimum wage, for employers described in 104.01(3)(b).
Wis. Stat. 104.035(8) also directs DWD to exempt by rule casual work in and around an employer's home on an irregular or intermittent basis for not more than 15 hours a week, live-in companions for a person who cannot care for his or her own needs who spend not more than 15 hours a week on general household work, and elementary or secondary students doing work-like activities in their own school.
The federal FLSA has its own coverage rules and exemptions. It covers employees of enterprises with annual gross sales or business done of at least $500,000, and employees of smaller firms who are engaged in interstate commerce or the production of goods for commerce.
Local minimum wages in Wisconsin
Wisconsin cities, villages, towns, and counties cannot set a minimum wage. Wis. Stat. 104.001(2) provides: "A city, village, town, or county may not enact and administer an ordinance establishing a minimum wage. Any city, village, town, or county minimum wage ordinance that is in effect on June 16, 2005, is void." The legislature stated in 104.001(1) that a uniform minimum wage is a matter of statewide concern.

That means Madison, Milwaukee, and every other Wisconsin locality follow the state rate of $7.25.
Wisconsin and the federal minimum wage
Wisconsin's rate equals the federal rate of $7.25 (29 U.S.C. 206(a)(1)(C)). Under 29 U.S.C. 218(a), federal law does not excuse compliance with a higher state or local minimum wage, and where an employee is covered by both laws, the employee is entitled to the higher rate. Since the two rates match, the difference for most workers comes from coverage: some workers not covered by one law may be covered by the other. See the federal minimum wage page.
What to do if you are paid less than the minimum wage
The DWD Equal Rights Division handles labor standards complaints. Its labor standards complaint page covers the situation "If you believe your employer failed to pay you the minimum wage ($7.25 per hour) or improperly took tips that belonged to you."
Under Wis. Stat. 104.02, paying below the minimum wage is a violation. Where no specific penalty is provided, Wis. Stat. 103.005(12) sets a forfeiture of $10 to $100 per offense.
Workers covered by the FLSA can also use federal remedies. Under 29 U.S.C. 216(b), an employer who violates the federal minimum wage owes unpaid wages plus an equal amount as liquidated damages, and the court allows reasonable attorney's fees and costs. A federal suit generally must be filed within two years, or three years for a willful violation (29 U.S.C. 255(a)). Federal law bars retaliation for filing a complaint (29 U.S.C. 215(a)(3)).
A worker can also sue the employer directly for unpaid wages, without first filing a wage claim with DWD (Wis. Stat. 109.03(5)). A court may add increased wages of up to 50% of the unpaid amount, or up to 100% if the suit is filed after DWD has completed its investigation and settlement attempts (Wis. Stat. 109.11(2)). An action to recover unpaid wages generally must be brought within 2 years (Wis. Stat. 893.44), and DWD asks that wage claims be filed within 2 years of the date the wages were scheduled to be paid. Firing or discriminating against a worker for filing a minimum wage complaint is prohibited (Wis. Stat. 104.12 and 111.322(2m)).
For pay owed after a job ends, see Wisconsin's final paycheck rules and the guide to unpaid wages. The overtime calculator can help estimate overtime pay.
Common Wisconsin minimum wage mix-ups
- "Madison or Milwaukee can set a higher minimum wage." State law bars it and voided ordinances in effect on June 16, 2005.
- "The Wisconsin tipped wage is $2.13." It is $2.33, except for tipped opportunity employees.
Disclaimer: This page provides general legal information, not legal advice. It reflects Wisconsin Statutes chapter 104 and the federal FLSA as verified on September 29, 2026. For advice on your situation, consult a lawyer licensed in Wisconsin or contact the Wisconsin Department of Workforce Development.
Related
- Minimum wage by state
- Federal minimum wage
- Wisconsin final paycheck laws
- Wisconsin at-will employment laws
- Unpaid wages and final paychecks
- Overtime calculator
Last updated: September 29, 2026.
Frequently Asked Questions
What is the minimum wage in Wisconsin?
$7.25 per hour under Wis. Stat. 104.035(1)(a). The federal minimum wage is also $7.25.
Is Wisconsin's minimum wage going up in 2027?
No increase is scheduled. Senate Bill 1126, which would have raised the wage to $15.00, failed to pass on March 23, 2026 and is not law.
What is the tipped minimum wage in Wisconsin?
The cash wage is $2.33 an hour for most tipped employees and $2.13 for tipped opportunity employees (Wis. Stat. 104.035). If tips plus wages do not reach $7.25, the employer must make up the difference.
What is the Wisconsin opportunity wage?
$5.90 an hour for an employee under 20, for the first 90 consecutive calendar days of employment or until age 20 if earlier, according to DWD.
What is the minimum wage for a 16-year-old in Wisconsin?
Minors under 18 are owed $7.25 an hour, unless they qualify as opportunity employees, who may be paid $5.90 for the first 90 consecutive days.
Can Milwaukee or Madison have a higher minimum wage?
No. Wis. Stat. 104.001(2) bars any city, village, town, or county from enacting a minimum wage ordinance and voided those in effect on June 16, 2005.
Where do I file a Wisconsin minimum wage complaint?
With the Wisconsin Department of Workforce Development, Equal Rights Division, on its labor standards complaint page.
Which minimum wage applies, Wisconsin or federal?
The higher one applies (29 U.S.C. 218(a)). Both are $7.25, so the rate is the same.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Wisconsin Statutes, Chapter 104: Minimum Wage Law
§ 104.02Minimum wage: requirement to pay.In force
Every wage paid or agreed to be paid by any employer to any employee, except as otherwise provided in s. 104.07, shall be not less than the applicable minimum wage established under s. 104.035. Any employer paying, offering to pay, or agreeing to pay any employee a wage lower or less in value than the applicable minimum wage established under s. 104.035 is guilty of a violation of this chapter as provided in s. 103.005 (11) and is subject to the penalties provided in s. 103.005 (12).
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
§ 104.035Minimum wage.In force
(1) Employees generally. (a) Minimum rates. Except as provided in subs. (2) to (8), the minimum wage is $7.25 per hour. (b) Allowances for meals and lodging. Except as provided in subs. (2) (b), (2m) (b), and (4) (b) and subject to sub. (3) (b), if an employer furnishes an employee with meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the employer may deduct the following amounts from the wages of the employee: 1. For lodging, $58 per week or $8.30 per day. 2. For meals, $87 per week or $4.15 per meal. (2) Minor employees. (a) Minimum rates. Except as provided in subs. (2m) to (8), the minimum wage for a minor employee is $7.25 per hour. (b) Allowances for meals and lodging. Except as provided in subs. (2m) (b) and (4) (b) and subject to sub. (3) (b), if an employer furnishes a minor employee with meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the employer may deduct the following amounts from the wages of the employee: 1. For lodging, $58 per week or $8.30 per day. 2. For meals, $87 per week or $4.15 per meal. (2m) Opportunity employees. (a) Minimum rates.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
§ 104.001Statewide concern; uniformity.In force
(1) The legislature finds that the provision of a minimum wage that is uniform throughout the state is a matter of statewide concern and that the enactment of a minimum wage ordinance by a city, village, town, or county would be logically inconsistent with, would defeat the purpose of, and would go against the spirit of this chapter. Therefore, this chapter shall be construed as an enactment of statewide concern for the purpose of providing a minimum wage that is uniform throughout the state. (2) A city, village, town, or county may not enact and administer an ordinance establishing a minimum wage. Any city, village, town, or county minimum wage ordinance that is in effect on June 16, 2005, is void.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
§ 104.01Definitions.In force
In this chapter: (1d) “Agricultural employee” means an employee who is employed in the operation of farm premises, as described in s. 102.04 (3). (1m) “Department” means the department of workforce development. (2) (a) “Employee” means every individual who is in receipt of or is entitled to any compensation for labor performed for any employer. (b) “Employee” does not mean: 1. Any individual engaged in the house to house delivery of newspapers to the consumer or engaged in direct retail sale to the consumer. 2. An individual excluded under s. 452.38. 3. Any individual engaged in performing services for an employer described in sub. (3) (b) if that individual is not considered under 29 USC 203 (e) (4), as amended to April 15, 1986, to be an employee for the purposes of the fair labor standards act, 29 USC 201 to 219, or if that individual is exempt under 29 USC 213, as amended to April 1, 1990, from being paid at least the federal minimum hourly wage under 29 USC 206 (a) (1). 4. Any individual engaged in performing services for an employer described in sub.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
§ 104.12Complaints.In forcecited in 2 of our articles
Any person may register with the department a complaint that the wages paid to an employee for whom a minimum wage has been established under s. 104.035 are less than that minimum wage, and the department shall investigate the matter and take all proceedings necessary to enforce the payment of that minimum wage. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Also relied on in: Wisconsin Whistleblower Laws: Protections and How to Report
Wisconsin Statutes, Chapter 103: Employment Regulations
§ 103.005Powers, duties and jurisdiction of department.In force
(1) The department shall adopt reasonable and proper rules and regulations relative to the exercise of its powers and authorities and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings. (3) The department shall employ, promote and remove deputies, clerks and other assistants as needed, to fix their compensation, and to assign to them their duties; and shall appoint advisers who shall, without compensation except reimbursement for actual and necessary expenses, assist the department in the execution of its duties. (4) The department shall collect, collate and publish statistical and other information relating to the work under its jurisdiction and shall make public reports in its judgment necessary. (5) (a) The department shall conduct such investigations, hold such public meetings and attend or be represented at such meetings, conferences and conventions inside or outside of the state as may, in its judgment, tend to better the execution of its functions.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- German v. Wisconsin Department of Transportation (Wisconsin Supreme Court 2000, 235 Wis. 2d 576)“…cers' exclusive remedy is the administrative procedures in Wis. Stat. § 103.005 . If we determine the action may be bro…”
- Habermehl Electric, Inc. v. State Department of Transportation (Court of Appeals of Wisconsin 2003, 260 Wis. 2d 466)“…requested an administrative hearing before DWD pursuant to Wis. Stat. § 103.005 (6)(e), 2 seeking reinstat…”
- Sliwinski v. City of Milwaukee (Court of Appeals of Wisconsin 2009, 321 Wis. 2d 774)“…e on-duty lunch hours. ¶ 22. The DOT countered that Wis. Stat. § 103.005 (1995-96) provided the exclusive remed…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Wisconsin Statutes, Chapter 109: Wage Payments, Claims And Collections
§ 109.03When wages payable; pay orders.In forcecited in 3 of our articles
(1) Required frequency of payments. Every employer shall as often as monthly pay to every employee engaged in the employer’s business, except those employees engaged in logging operations and farm labor, all wages earned by the employee to a day not more than 31 days prior to the date of payment. Employees engaged in logging operations and farm labor shall be paid all earned wages no less often than at regular quarterly intervals. Any employee who is absent at the time fixed for payment or who for any other reason is not paid at that time shall be paid thereafter at any time upon 6 days’ demand. The required frequency of wage payments provided in this subsection does not apply to any of the following: (a) Employees covered under a valid collective bargaining agreement establishing a different frequency for wage payments, including deferred payments exercised at the option of employees.
Official text (excerpt) · last checked 2026-09-03 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 75 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):German v. Wisconsin Department of Transportation held the right of action in Wis. Stat. 109.03(5) lets employees bring wage claims in circuit court without prior administrative review. Hubbard v. Messer held no civil penalty attaches where wages missed the 109.03(1) deadline but were fully paid before suit.
Opinions citing this section in our collection:
- Hubbard v. Messer (Wisconsin Supreme Court 2003, 267 Wis. 2d 92)✓An employer paid an employee's overdue wages in full fourteen months before he sued for a penalty; the court held that missing the section 109.03(1) payment deadline does not support increased wages when the wages are fully paid before the circuit court action begins.
- German v. Wisconsin Department of Transportation (Wisconsin Supreme Court 2000, 235 Wis. 2d 576)✓State Patrol officers sued for pay for on-duty lunch breaks; the court held section 109.03(5) lets an employee bring a wage claim in circuit court without first seeking administrative review, and that chapter 109 waives the state's sovereign immunity for such claims.
- Christopher Kieninger v. Crown Equipment Corporation (Wisconsin Supreme Court 2019)✓Forklift technicians wanted pay for driving a tool-stocked company van between home and their first and last service calls; the court held that commute is not wages earned under Wis. Stat. section 109.03(1) and reversed, granting the employer summary judgment.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wisconsin Final Paycheck Laws: No Acceleration, Tiered Penalties
§ 109.11Penalties.In forcecited in 2 of our articles
(1) Administrative penalties. (a) In adjusting a controversy between an employer and an employee as to an alleged wage claim filed with the department under s. 109.09 (1), the department may compromise and settle that wage claim for such sum as may be agreed upon between the department, the employee and the employer. (b) If the department finds that a wage claim is valid, the department may instruct the employer against whom the wage claim is filed to audit his or her payroll records to determine whether the employer may be liable for any other wage claims of the same type as the wage claim that prompted the audit instruction. If after the requested completion date of the audit the department receives a wage claim against the employer of the same type as the wage claim that prompted the audit instruction and if the department determines that the subsequent wage claim is valid, the department may audit the employer’s payroll records to determine whether the employer may be liable for any other wage claims of the same type as the wage claim that prompted the audit instruction.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 20 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Hubbard v. Messer (Wisconsin Supreme Court 2003, 267 Wis. 2d 92)“…of 70% of the amount of wages due and unpaid pursuant to Wis. Stat. § 109.11 (2), which governs wage claim actions.…”
- Kruczek v. Wisconsin Department of Workforce Development (Court of Appeals of Wisconsin 2004, 278 Wis. 2d 563)“…he has earned and is owed. The only penalties specified in Wis. Stat. § 109.11 are monetary damages. Ultimately if th…”
- Lynch v. Crossroads Counseling Center, Inc. (Court of Appeals of Wisconsin 2004, 275 Wis. 2d 171)“…uit court's decision not to impose a greater penalty under Wis. Stat. § 109.11 (2) (2001-02). 1 However,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Wisconsin Statutes, Chapter 111: Employment Relations
§ 111.322Discriminatory actions prohibited.In forcecited in 2 of our articles
Subject to ss. 111.33 to 111.365, it is an act of employment discrimination to do any of the following: (1) To refuse to hire, employ, admit or license any individual, to bar or terminate from employment or labor organization membership any individual, or to discriminate against any individual in promotion, compensation or in terms, conditions or privileges of employment or labor organization membership because of any basis enumerated in s. 111.321. (2) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment or to make any inquiry in connection with prospective employment, which implies or expresses any limitation, specification or discrimination with respect to an individual or any intent to make such limitation, specification or discrimination because of any basis enumerated in s. 111.321. (2m) To discharge or otherwise discriminate against any individual because of any of the following: (a) The individual files a complaint or attempts to enforce any right under s.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 14 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Crystal Lake Cheese Factory v. Labor & Industry Review Commission (Wisconsin Supreme Court 2003, 264 Wis. 2d 200)“…nd that the employer took one of the actions enumerated in Wis. Stat. § 111.322 . [16] Target, 217 Wis. 2d at 9 .…”
- Wis. Bell, Inc. v. Labor & Indus. Review Comm'n (Wisconsin Supreme Court 2018, 382 Wis. 2d 624)“…of the "inference method" is inconsistent with Wis. Stat. § 111.322(1) because it excuses the employee fro…”
- Coulee Catholic Schools v. Labor & Industry Review Commission (Wisconsin Supreme Court 2009, 320 Wis. 2d 275)“…111.322 against any individual on the basis of age.... Wis. Stat. § 111.322 Discriminatory actions prohibited. S…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Wisconsin Statutes, Chapter 893: Limitations Of Commencement Of Actions And Proceedings; Procedure For Claims Against Governmental Units
§ 893.44Compensation for personal service.In forcecited in 2 of our articles
(1) Any action to recover unpaid salary, wages or other compensation for personal services, except actions to recover fees for professional services and except as provided in sub. (2), shall be commenced within 2 years after the cause of action accrues or be barred. (2) An action to recover wages under s. 109.09 shall be commenced within 2 years after the claim is filed with the department of workforce development or be barred. Judicial Council Committee’s Note, 1979: This section is previous s. 893.21 (5) renumbered for more logical placement in restructured ch. 893. Actions to collect fees for professional services are brought under s. 893.43. [Bill 326-A]
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at docs.legis.wisconsin.gov
Cited in 7 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Pfister v. Milwaukee Economic Development Corp. (Court of Appeals of Wisconsin 1998, 216 Wis. 2d 243)“…to enforce this lien within the time period prescribed in Wis. Stat. § 893.44 for his underlying wage claim." That a…”
- Gerczak v. Estate of Gerczak (Court of Appeals of Wisconsin 2005, 285 Wis. 2d 397)“…ecks dating from 1990, 2000, and part of 2001 is barred by Wis. Stat. § 893.44 (1), the statute of limitations for act…”
- Beaudette v. Eau Claire County Sheriff's Department (Court of Appeals of Wisconsin 2003, 265 Wis. 2d 744)“…grievance to proceed. In addition, the court concluded the Wis. Stat. § 893.44 (1) two-year statute of limitations of…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 29
§ 203DefinitionsIn forcecited in 32 of our articles
As used in this chapter— “Person” means an individual, partnership, association, corporation, business trust, legal representative, or any organized group of persons. “Commerce” means trade, commerce, transportation, transmission, or communication among the several States or between any State and any place outside thereof. “State” means any State of the United States or the District of Columbia or any Territory or possession of the United States. “Employer” includes any person acting directly or indirectly in the interest of an employer in relation to an employee and includes a public agency, but does not include any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization. Except as provided in paragraphs (2), (3), and (4), the term “employee” means any individual employed by an employer.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 4,743 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Wisconsin v. Yoder (Supreme Court of the United States 1972, 406 U.S. 205)“…hteen years or detrimental to their health or well-being." 29 U. S. C. § 203 (l). [20] Cf. e. g., Jacobson v…”
- College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board (Supreme Court of the United States 1999, 527 U.S. 666)“…specifically covered the state hospitals in question, see 29 U. S. C. § 203 (d) (1964 ed.), and such coverage was u…”
- Garcia v. San Antonio Metropolitan Transit Authority (Supreme Court of the United States 1985, 469 U.S. 528)“…vernment employees. §§ 6(a)(1) and (6), 88 Stat. 58 , 60, 29 U. S. C. §§ 203 (d) and (x). SATS complied with the FLS…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Federal Minimum Wage 2026: $7.25 an Hour Since 2009, Minimum Wage by State 2026: All 50 States and DC, Alabama Minimum Wage 2026: $7.25 Federal, No State Rate
§ 206Minimum wageIn forcecited in 49 of our articles
Every employer shall pay to each of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, wages at the following rates: except as otherwise provided in this section, not less than— $5.85 an hour, beginning on the 60th day after May 25, 2007; $6.55 an hour, beginning 12 months after that 60th day; and $7.25 an hour, beginning 24 months after that 60th day; if such employee is a home worker in Puerto Rico or the Virgin Islands, not less than the minimum piece rate prescribed by regulation or order; or, if no such minimum piece rate is in effect, any piece rate adopted by such employer which shall yield, to the proportion or class of employees prescribed by regulation or order, not less than the applicable minimum hourly wage rate. Such minimum piece rates or employer piece rates shall be commensurate with, and shall be paid in lieu of, the minimum hourly wage rate applicable under the provisions of this section.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 6,250 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Mark D. Tourscher v. Martin Horn, Secretary of the Pa. Dept. Of Corrections John McCullough Superintendent ,(d.c. Civil No. 98-Cv-00176j) (Court of Appeals for the Third Circuit 1999, 184 F.3d 236)“…wage provisions of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 206 (a), for the work he was compelled to d…”
- Christensen v. Harris County (Supreme Court of the United States 2000, 529 U.S. 576)“…in the private sector of the economy or the public sector. 29 U. S. C. §§ 206 , 207 (1994 ed. and Supp. III). In 1985…”
- Barrentine v. Arkansas-Best Freight System, Inc. (Supreme Court of the United States 1981, 450 U.S. 728)“…a minimum wage under § 6 of the Fair Labor Standards Act, 29 U. S. C. § 206 , may not be waived through a collectiv…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Ohio Debt Collection Laws: Garnishment Formula, the 6-Year Consumer Debt Rule, and Repossession, South Dakota Debt Collection Laws: The 20% Garnishment Cap and 120-Day Lien, Wage Theft in the U.S.: Your Rights Regardless of Immigration Status
§ 215Prohibited acts; prima facie evidenceIn forcecited in 33 of our articles
After the expiration of one hundred and twenty days from June 25, 1938, it shall be unlawful for any person— to transport, offer for transportation, ship, deliver, or sell in commerce, or to ship, deliver, or sell with knowledge that shipment or delivery or sale thereof in commerce is intended, any goods in the production of which any employee was employed in violation of section 206 or section 207 of this title, or in violation of any regulation or order of the Secretary issued under section 214 of this title; except that no provision of this chapter shall impose any liability upon any common carrier for the transportation in commerce in the regular course of its business of any goods not produced by such common carrier, and no provision of this chapter shall excuse any common carrier from its obligation to accept any goods for transportation; and except that any such transportation, offer, shipment, delivery, or sale of such goods by a purchaser who acquired them in good faith in reliance on written assurance from the producer that the goods were produced in compliance with the requirements of this chapter, and who acquired such goods for value without notice of any such…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 1,632 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Frank L. LOEB, Plaintiff, v. TEXTRON, INC., Et Al., Defendants (Court of Appeals for the First Circuit 1979, 600 F.2d 1003)“…available under the FLSA. A relevant starting point may be 29 U.S.C. § 215 (a)(3), which prohibits the retaliatory…”
- United States v. Universal C. I. T. Credit Corp. (Supreme Court of the United States 1952, 344 U.S. 218)“…1060 , *219 1068-1069, as amended, 63 Stat. 910 , 919, 29 U. S. C. §§ 215 , 216 (a), charging the defendant corpo…”
- Mitchell v. Robert DeMario Jewelry, Inc. (Supreme Court of the United States 1960, 361 U.S. 288)“…he three employees in violation of § 15 (a)(3) of the Act, 29 U. S. C. § 215 (a)(3), and' praying for an. order enj…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Federal Whistleblower Laws: Protections and How to Report, Employer Threatening to Call Immigration? Your Rights in the U.S., Connecticut Minimum Wage 2026: $16.94 an Hour ($17.48 in 2027)
§ 216PenaltiesIn forcecited in 46 of our articles
Any person who willfully violates any of the provisions of section 215 of this title shall upon conviction thereof be subject to a fine of not more than $10,000, or to imprisonment for not more than six months, or both. No person shall be imprisoned under this subsection except for an offense committed after the conviction of such person for a prior offense under this subsection. Any employer who violates the provisions of section 206 or section 207 of this title shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liquidated damages. Any employer who violates the provisions of section 215(a)(3) or 218d of this title shall be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of section 215(a)(3) or 218d of this title, including without limitation employment, reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages.
Official text (excerpt) · last checked 2026-09-03 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 9,526 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):The Supreme Court treats Section 216(b) as the FLSA's private-suit clause. Alden v. Maine (1999) held Article I gives Congress no power to subject nonconsenting states to such private damages suits in their own courts. Christensen v. Harris County (2000) applied Section 216(b)'s requirement that plaintiffs prove a Section 207 violation.
Opinions citing this section in our collection:
- Alyeska Pipeline Service Co. v. Wilderness Society (Supreme Court of the United States 1975, 421 U.S. 240)“…abor Standards Act, § 16 (b), 52 Stat. 1069 , as amended, 29 U. S. C. § 216 (b); Longshoremen's and Harbor Workers…”
- Roadway Express, Inc. v. Piper (Supreme Court of the United States 1980, 447 U.S. 752)“…ther taxable costs. Compare 42 U. S. C. § 2000a-3 (b) with 29 U. S. C. § 216 (b) (1970 ed., Supp. V).” Id., at 6…”
- Hutto v. Finney (Supreme Court of the United States 1979, 437 U.S. 678)“…ther taxable costs. Compare 42 U. S. C. § 2000a-3 (b) with 29 U. S. C. § 216 (b) (1970 ed., Supp. V). [29] See…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Unpaid Wages: How to File a Claim and Recover What You're Owed, Independent Contractor vs. Employee: The IRS, DOL and ABC Tests, Alaska Minimum Wage 2026: $14.00 an Hour, $15.00 in July 2027
§ 218Relation to other lawsIn forcecited in 52 of our articles
No provision of this chapter or of any order thereunder shall excuse noncompliance with any Federal or State law or municipal ordinance establishing a minimum wage higher than the minimum wage established under this chapter or a maximum work week lower than the maximum workweek established under this chapter, and no provision of this chapter relating to the employment of child labor shall justify noncompliance with any Federal or State law or municipal ordinance establishing a higher standard than the standard established under this chapter. No provision of this chapter shall justify any employer in reducing a wage paid by him which is in excess of the applicable minimum wage under this chapter, or justify any employer in increasing hours of employment maintained by him which are shorter than the maximum hours applicable under this chapter.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 312 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Philip Williamson Itzik Riefronda Kirlin Thomas Painter,plaintiffs-Appellants v. General Dynamics Corporation,opinion (Court of Appeals for the Ninth Circuit 2000, 208 F.3d 1144)“…wage, hour, and child labor legislation. See 29 U.S.C. § 218 (a). 1 *1151…”
- United States v. Klinghoffer Bros. Realty Corp., Irving Jacobson and Albert Klinghoffer (Court of Appeals for the Second Circuit 1961, 285 F.2d 487)“…agreement to accept reduced pay is valid, notwithstanding 29 U.S.C. § 218 . White v. Witwer Grocer Co., 8 Cir.,…”
- Pacific Merchant Shipping Ass'n v. Aubry (Court of Appeals for the Ninth Circuit 1990, 918 F.2d 1409)“…han the maximum workweek established under this chapter. 29 U.S.C. Section 218 (a). The employees and the United State…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Arizona Minimum Wage 2026: $15.15 Per Hour, $15.65 in 2027, Arkansas Minimum Wage 2026: $11.00 an Hour, Tip Credit Rules, California Minimum Wage 2026: $16.90 an Hour, $17.40 in 2027
§ 255Statute of limitationsIn forcecited in 39 of our articles
Any action commenced on or after May 14, 1947, to enforce any cause of action for unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq.], the Walsh-Healey Act, or the Bacon-Davis Act 1 See References in Text note below. — if the cause of action accrues on or after May 14, 1947 —may be commenced within two years after the cause of action accrued, and every such action shall be forever barred unless commenced within two years after the cause of action accrued, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued; if the cause of action accrued prior to May 14, 1947 —may be commenced within whichever of the following periods is the shorter: (1) two years after the cause of action accrued, or (2) the period prescribed by the applicable State statute of limitations; and, except as provided in paragraph (c), every such action shall be forever barred unless commenced within the shorter of such two periods; if the cause of action accrued prior to May 14, 1947, the action shall not be barred by paragraph (b)…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 2,924 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Kimel v. Florida Board of Regents (Supreme Court of the United States 2000, 528 U.S. 62)“…added to the statute of limitations provision of the FLSA, 29 U. S. C. § 255 , a new subsection (d), which suspended…”
- Oscar Mayer & Co. v. Evans (Supreme Court of the United States 1979, 441 U.S. 750)“…title shall apply to actions under this chapter." Title 29 U. S. C. § 255 provides in relevant part: "Any acti…”
- Phyllis Miller v. Maxwell's International Inc., Dba Maxwell's Plum, Debtor in Possession Carlo Galazzo, Gen. Mgt., Dino La Rosa Don Bohn Don Schupak (Court of Appeals for the Ninth Circuit 1993, 991 F.2d 583)“…o a more generous three-year statute of limitations. See 29 U.S.C. § 255 (a) (1988) (three-year statute of limit…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Colorado Minimum Wage 2026: $15.16, $15.71 in 2027, Georgia Minimum Wage 2026: $7.25 Federal, $5.15 State Rate, Hawaii Minimum Wage 2026: $16.00 an Hour, Next Step $18.00 in 2028
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Sources and References
- Wis. Stat. 104.035 (minimum wage rates, tipped wage)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 104.001 (findings, local ordinance ban, definitions of opportunity employee)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 104.01 (definitions, employee exclusions)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 109.03(5) (employee right of action for wages)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 109.11(2) (increased wages)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 893.44 (2-year limit for wage actions)(docs.legis.wisconsin.gov).gov
- Wis. Stat. 111.322(2m) (retaliation for wage complaints)(docs.legis.wisconsin.gov).gov
- Wis. Stat. ch. 104 (includes 104.12 complaints), certified PDF(docs.legis.wisconsin.gov).gov
- Wisconsin DWD: Wage Claims(dwd.wisconsin.gov).gov
- Wisconsin DWD: Minimum Wage(dwd.wisconsin.gov).gov
- Wisconsin DWD: Labor Standards Complaints(dwd.wisconsin.gov).gov
- Wisconsin Legislature: 2025 Senate Bill 1126(docs.legis.wisconsin.gov).gov
- 29 U.S.C. 206 (federal minimum wage)(law.cornell.edu)
- 29 U.S.C. 203 (tips)(law.cornell.edu)
- 29 U.S.C. 218 (relation to other laws)(law.cornell.edu)
- 29 U.S.C. 216 (penalties and private action)(law.cornell.edu)
- 29 U.S.C. 215 (prohibited acts, retaliation)(law.cornell.edu)
- 29 U.S.C. 255 (statute of limitations)(law.cornell.edu)
- U.S. Department of Labor: Minimum Wage FAQ(dol.gov).gov