1. Home
  2.  | 
  3. Employment Law
  4.  | Overtime Law and Employee Rights

Overtime Law and Employee Rights

by | Mar 26, 2020 | Employment Law

Overtime laws require workers in Wisconsin to be paid for hours beyond a normal work week as outlined by the Fair Labor Standards Act. Employees must be paid for work over 40 hours per week unless an exemption applies. A week consists of seven consecutive work days established by the employer, which means the employer could require employees to work overtime or schedule employs to prevent them from working overtime.

The overtime law requires employers to pay one and a half times the hourly rate to employees who work in factories, restaurants, resorts, hotels, motels, beauty parlors, mechanical establishments, laundry services, retail and wholesale stores, and mercantile industries. Exemptions include administrative and executive positions, employees in agriculture, certain commissioned employees and outside sales, cab drivers, mechanics employed by car dealers, sales clerks, and certain motor carrier employees . Non-profit employers are also exempt from paying overtime excluding non-profits who place employees in industries, such as hotels, motels, or restaurants.

Daily overtime is not required for work done on a certain day of the week that passes normal work hours. It only applies after 40 hours, but this may vary by state. For example if an employee works 10 hours one day and 12 hours another day, they would not be entitled to overtime. Some construction jobs may require working overtime daily and working on holidays.

Hours missed because of sickness or holiday or vacation pay do not have to be included in overtime pay, but an employer may do so. Employers who hire private household employees are exempt from the overtime rule. However, a for-profit agency that places them in the home would make the employee entitled to overtime.

Employers can make mistakes in calculating overtime or refuse to pay overtime. An employment law lawyer may be able to help them prove their case when an employer refuses to pay overtime.