In Wisconsin, employees working hours in excess of 40 in a workweek must be paid at one and one-half times their regular rate of pay for those excess hours.
Overtime exceptions include: (1) persons whose primary duty consists of administrative, executive or professional work; (2) outside salesperson spending 80 percent of time away from the employer's place of business; (3) higher paid commission employees of retail and service establishments if (a) 50 percent of earnings is from commission and (b) time and one-half of minimum wage is received for all hours worked; (4) drivers, driver's helpers, loaders or mechanics of a motor carrier or a private or contract carrier covered under Sec. 204 of the Motor Carrier Act of 1935 as amended; (5) employees of employers engaged in the operation of a common carrier by rail and subject to Part I of the Interstate Commerce Act, as amended, and any employee of a carrier by air subject to the Railway Labor Act, as amended; (6) taxicab drivers; (7) salespersons selling automobiles, trucks, farm implements, trailers, boats, motorcycles, snowmobiles, other recreation vehicles, or aircraft in establishments selling such items; (8) partspersons or mechanics servicing the vehicles described in (7) when employed by a nonmanufacturing establishment primarily engaged in selling such vehicles to ultimate purchasers; (9) employees of recreational and amusement establishments that do not operate for more than seven months in any calendar year or establishments whose average receipts for six months in the preceding year were not more than 33.3 percent of their average receipts for the other six months of such year; (10) movie theater employees; (11) funeral home employees; (12) drivers and drivers' helpers who make local deliveries and are paid on the basis of trip rates or other payment plans; (13) employees of independent contractors, such as those employees who erect silos and other farm buildings or equipment, build terraces, dig wells or build dams for ponds; (14) employees of small forestry or lumbering operations; (15) employees of hospitals or other institutions primarily engaged in the care of the sick, the aged, the mentally ill, or persons with developmental disabilities who live on the premises and who have made an overtime agreement with the employer prior to starting work; (16) agricultural employees; and (17) domestic workers in private homes.
Time spent in related classroom instruction by indentured apprentices need not be counted as work time when computing overtime.
The Wisconsin Office of the Governor announced that Wisconsin workers receiving overtime pay will remain protected under state labor laws in place prior to the implementation of the federal overtime pay rules effective August 23, 2004.