Wisconsin Break Laws: Employer Requirements Explained 2024

As an employer operating in Wisconsin, you’re required to comply with the state’s labor laws, including those related to employee break times. Wisconsin’s break laws are relatively straightforward compared to other states, but there are still key details businesses should know to stay in line.

This guide covers Wisconsin’s break law requirements, how these laws apply to various types of businesses, and what penalties you could face for non-compliance in 2024. We’ll also discuss how Mosey can elevate business compliance.

What Are Wisconsin’s Break Laws?

Wisconsin’s labor laws do not require employers to provide specific meal or rest breaks for adult employees. However, there are regulations in place for certain industries and situations, such as breaks for minors and federal compliance for specific occupations.

That said, if an employer chooses to provide them, certain rules apply regarding compensation. Recognizing these nuances can help businesses manage employee breaks in a way that supports productivity and ensures continued compliance.

What Are the Rest Breaks for Adult Employees?

Wisconsin labor laws do not obligate employers to provide rest breaks (commonly referred to as “short breaks” or “coffee breaks”) for adult workers. However, if your company decides to offer rest breaks that are 30 minutes or less, they must be paid.

This aligns with federal labor laws, such as the Fair Labor Standards Act (FLSA), which require that short rest periods — generally ranging from 5 to 20 minutes — be compensated as part of the employee’s work time.

In summary, Wisconsin law does not require employers to provide rest breaks to adult employees. However, if rest breaks are voluntarily provided to certain employees and are 30 minutes or less, the employer must compensate their workers for this time.

What Are the Meal Breaks for Adult Employees

Similarly, Wisconsin law does not require employers to offer meal breaks (typically 30 minutes or more) for adult workers. However, if a meal break is provided, it must be unpaid only if the employee is completely relieved of their duties. It must be paid if the employee performs any work during the meal break.

For example, if an employee remains at their workstation during lunch and occasionally answers phone calls, that time would be considered paid. Employers should be clear about their expectations for meal breaks to avoid confusion and ensure compliance.

In 2023, the U.S. Court of Appeals for the Seventh Circuit ruled that employers can insist upon unpaid lunch breaks. Employers who provide meal breaks of 30 minutes or more can require employees to relieve themselves of their work duties and spend the full meal period off the clock.

Employees cannot voluntarily work through their lunch break or check emails while eating if their employer’s policy clearly states they aren’t allowed to do so. Employers don’t have to compensate employees for work performed during an unpaid meal period, and employees do not have the option to take a 29-minute meal break to skirt policy.

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What Are the Break Requirements for Minors?

While Wisconsin does not mandate rest or meal breaks for adult employees, the state has stricter requirements for minors under 18. If you employ minors, they are entitled to specific break periods.

Wisconsin law requires that minors who work more than six consecutive hours be given a 30-minute, unpaid meal break. This break must occur reasonably close to the halfway point of their shift. Failure to provide such a break can lead to penalties, so employers must carefully monitor schedules and ensure compliance when minors are part of the workforce.

Are There Industry-Specific Break Laws?

While Wisconsin does not have state-mandated breaks for most industries, there are federal laws that impose specific break requirements for certain types of workers.

If your business is in an industry regulated by the U.S. Department of Transportation (DOT), for example, your employees may be entitled to specific breaks due to safety regulations:

Truck Drivers: Under federal Hours of Service (HOS) rules, commercial drivers must take a 30-minute break after eight hours of driving.
Healthcare Workers: Employees in the healthcare industry, such as nurses, may be covered by special rules related to breaks and overtime under federal law.

Employers in these industries should ensure they are familiar with both Wisconsin state law and any applicable federal regulations to avoid penalties.

What Are the Penalties for Non-Compliance?

While Wisconsin’s break laws are more relaxed than other states, non-compliance with break policies (especially those related to paying for short breaks or ensuring minors receive meal breaks) can have consequences.

Compensation Violations

One of the most common mistakes is failing to pay employees for rest breaks of 30 minutes or less.

If the Department of Workforce Development (DWD) or a labor board audits your company and discovers unpaid breaks that should have been compensated, your business could be required to provide back pay to affected employees. In cases where multiple employees are affected, this can result in substantial financial liabilities.

Additionally, failure to comply with meal break rules for minors can result in civil penalties. The DWD may issue fines for employers who do not provide legally mandated breaks to minor workers, which can range from hundreds to thousands of dollars, depending on the severity of the violation.

Wage and Hour Claims

If an employee believes they are not being compensated correctly for their breaks, they have the right to file a wage and hour claim against your company. These claims can lead to lawsuits, with employees potentially seeking back pay, interest, and legal fees.

For businesses, this is costly in terms of payouts and reputation. Repeated violations can damage employee trust and lead to higher turnover rates or difficulties attracting new talent.

Highly talented employees are usually selective about the employers they choose to work for, especially if they have a strong industry background, extensive education, or a unique skill set. Consider how compensation violations might impact your ability to recruit and maintain top talent and remain competitive in your industry.

What Are the Best Practices To Ensure Compliance?

Although Wisconsin’s break laws are flexible for employers, establishing clear break policies is a smart way to ensure compliance and prevent your employees from feeling overwhelmed during the workday.

Develop a Clear Break Policy

Even though Wisconsin law doesn’t require breaks for adult employees, creating a clear, written break policy helps set expectations for managers and workers. This policy should detail when rest and meal breaks are offered, how long breaks last, and whether the breaks are paid or unpaid.

It’s important to specify what is expected from employees during unpaid meal breaks (i.e., no work duties). Having this policy in writing also protects your business in the event of a dispute.

Monitor the Schedules of Minor Employees

If your company employs minors, it’s essential to carefully track their work hours and ensure they receive their required 30-minute meal break when working shifts longer than six hours. Creating automatic scheduling alerts or using time-tracking software can prove useful.

Ensure Accurate Timekeeping for Paid Breaks

Accurate timekeeping is crucial for confirming that employees are paid for all the time they’re entitled to, including short breaks. Employers should implement timekeeping systems that allow employees to easily log their break times. This system can prevent disputes over whether breaks were taken and whether they should have been paid.

Train Supervisors on Break Laws

Many wage and hour disputes arise because supervisors or managers are unaware of break laws. You can reduce the risk of unintentional violations by training your supervisory staff on Wisconsin and federal regulations.

Managers should understand when employees need to be compensated for breaks and make sure no work is completed during unpaid meal breaks.

How Do Federal Break Laws Apply to Wisconsin?

In addition to Wisconsin’s break laws, employers must also comply with relevant federal labor laws, particularly the Fair Labor Standards Act (FLSA).

The FLSA does not require breaks but mandates that if breaks are provided, any break lasting 20 minutes or less must be paid. This federal rule applies to all Wisconsin businesses, so employers must ensure that short breaks are compensated per the FLSA.

Furthermore, any unpaid meal break must completely relieve employees from their duties. If an employee works during their meal break, even if they are simply answering phone calls or responding to emails, that break must be paid under federal law.

Stay Compliant With Mosey

Recent interpretations of unpaid meal breaks demonstrate that break laws and regulations are always subject to change. Wisconsin employers must stay abreast of state and local requirements to maintain regulatory compliance.

Mosey’s compliance management platform is designed to help employers track requirements with simplicity and ease. Focus on building your business while Mosey works in the background to help you conquer compliance. Book a demo with Mosey to learn how we can lend a hand.

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