Understanding Mandatory Breaks For Hourly Workers In Wisconsin

In Wisconsin, employers are not required by law to provide breaks, including lunch breaks, for workers aged 18 and over. However, it is recommended that employers provide a 30-minute meal break, and they are encouraged to provide lunch breaks of at least 30 minutes at a time reasonably close to the usual meal period. Breaks of less than 30 minutes must be paid and are counted as work time. For workers under 18 years of age, employers must provide a 30-minute duty-free meal period for every six consecutive hours of work.

Wisconsin law recommends but does not require meal breaks

In Wisconsin, there is no federal or state law requiring employers to provide their employees with meal breaks or rest periods. However, the state does recommend that employers provide their staff with meal breaks, preferably lasting 30 minutes and occurring close to the usual meal time or near the middle of the shift.

While not required by law, employers that do choose to offer meal breaks must adhere to certain conditions. Meal breaks must be longer than 30 minutes to be unpaid, and employees must be relieved of all duties and be free to leave the workplace. If the break is 30 minutes or less, it must be paid and is counted as work time.

There is an exception for minor employees (under 18 years old), who must receive a 30-minute duty-free meal break for every six consecutive hours worked.

Breaks of less than 30 minutes must be paid

In Wisconsin, federal law does not give employees the right to take meal breaks or short breaks during the workday. However, employers must pay for shorter breaks that employees are allowed to take. Although employers are not legally required to allow breaks, many do so as a matter of custom and policy.

According to Wisconsin state law, breaks of less than 30 minutes must be paid. If an employee takes an authorised break of fewer than 30 consecutive minutes, this is counted as work time and must be paid by the employer. Employers may not deduct from an employee's wages for authorised breaks of less than 30 minutes.

If an employee takes a break of more than 30 minutes but is still "on duty" during that time, the break is also counted as work time and must be paid. An "on duty" meal period is one where the employee is not relieved of their work duties or is not free to leave the premises. However, if an employee is relieved of their duties and free to leave the premises during a break of more than 30 minutes, this is not counted as work time and is therefore unpaid.

In addition, employers in Wisconsin must provide a 30-minute meal break for employees under the age of 18 who work shifts longer than six hours. This break must be duty-free and provided within the first six hours of work.

Employees under 18 must receive a 30-minute duty-free meal break after 6 hours

In Wisconsin, employees under the age of 18 must be provided with a 30-minute duty-free meal period for every six consecutive hours of work. This means that minors cannot be employed for more than six hours in a row without a meal break of at least 30 minutes.

This meal break should be reasonably close to the usual meal times of 6:00 a.m., 12 noon, 6 p.m., and 12 midnight, or near the middle of the shift. It is recommended that employers provide similar breaks to adults, but this is not required by law.

For breaks that are less than 30 minutes, employees must be paid for this time as it is counted as work time. If the break is more than 30 minutes but the employee is still "on duty" and not free to leave the workplace, this is also counted as work time and must be paid. However, if the employee is relieved of their work duties and free to leave the premises during a break of more than 30 minutes, this is not counted as work time and is therefore unpaid.

It is important to note that employers are not allowed to require that meals be accepted as part of an employee's wages. Additionally, brief rest periods or coffee breaks are not required by law, and these matters are to be determined between the employer and the employee.

Employers can schedule employees as they see fit

In Wisconsin, employers can schedule employees as they see fit. There are no particular state or federal laws that require Wisconsin employers to provide meal breaks or rest periods during work hours. However, if an employer chooses to provide breaks, they must adhere to certain requirements. Rest periods of up to 30 minutes must be paid and counted as work time. Meal periods must be longer than 30 minutes to be unpaid, and the employee must be relieved of all duties and free to leave the premises.

While not required by law, the state of Wisconsin does recommend that employers provide a 30-minute meal break, reasonably close to the usual meal time or near the middle of the shift. Shifts of more than six hours without a meal break are discouraged. This recommendation applies to adult employees, while minors must be provided with a 30-minute meal break after working six consecutive hours.

Additionally, employers are not allowed to require that meals be accepted as part of an employee's wages. Employers must also pay employees for "on-duty" meal periods, where the employee is not provided with at least 30 consecutive minutes free from work or is not free to leave the premises.

Wisconsin law also specifies that adults may work an unlimited number of hours per day and per week, and employers have the legal right to set the schedule of hours worked.

Employees must be paid for 'on-duty' meal periods

In Wisconsin, employers are not required to provide meal breaks to adult employees. However, the law recommends that employers provide a meal break of 30 minutes or more. This break should be reasonably close to the usual meal times of 6:00 a.m., 12 noon, 6:00 p.m., or 12 midnight, or near the middle of the shift.

If an employer provides a meal break, it must be a duty-free break of at least 30 minutes for employees under the age of 18 who work shifts longer than six hours.

Employers must pay all employees for "on-duty" meal periods. An "on-duty" meal period is one where the worker is not provided with at least 30 consecutive minutes free from work, or where the worker is not free to leave the employer's premises. In other words, if an employee must eat while working or is not free to leave the workplace during a meal break, the meal period must be paid.

Employers are not allowed to require that meals be accepted as part of an employee's wages.

Breaks of less than 30 minutes must be counted as work time and must be paid by the employer. If an authorized break is 30 minutes or longer but the employee is "on duty," it is also counted as work time and must be paid. However, if the employee is relieved of their work duties and free to leave the premises during a break of more than 30 minutes, it is not counted as work time and is therefore unpaid.

Frequently asked questions