Wisconsin Meal and Rest Break Laws

The federal workplace law known as the Fair Labor and Standards Act (FLSA) does not require employers to provide meal breaks for workers. Some states have their own laws regarding work breaks, including Wisconsin.

Do Wisconsin Break Laws Differ From Federal Break Laws?

FLSA allows workers to take short breaks from 5 to 20 minutes during their shifts, for using the restroom, etc. and employers are required to pay for that time. Wisconsin state law does not require employers to provide anything more than FLSA mandates for workers over 18. However, the statue does “encourage” employers to provide a 30-minute break period near usual meal times.

Wisconsin Meal Break Laws

According to Wisconsin state law, meal breaks are not required for adults but are encouraged. When an employer provides a break of less than 30 consecutive minutes, the employee must be paid. For breaks longer than 30 minutes where the workers leave the premises and are completely relieved of work duties, those breaks can be unpaid time. Eating lunch while working at a computer, for example, would be considered a paid break.

Wisconsin Break Laws for Minors

Minors under age 18 must be provided one 30-minute duty-free meal break for every 6 hours worked under Wisconsin state law. Those breaks should be near usual meal times of 6 a.m., 12 p.m., and 6 p.m.

Wisconsin Break Laws for Mothers

Wisconsin law requires employers to allow nursing mothers a reasonable paid break period as often as needed to pump breast milk during the work day. Mothers must be provided a private space (excluding a bathroom stall) with a door that closes, access to an electrical outlet, running water, and a refrigerator to store the breast milk. These requirements remain in place for up to 1 year after the baby is born. 

Employers with fewer than 50 permanent employees may be exempt from compliance if they can prove it causes significant hardship or interruption to their business.

Wisconsin Day of Rest Laws

In most industries in Wisconsin, adults may work an unlimited number of consecutive hours or days. Under state law employees do not have the right to refuse work unless negotiated under a collective bargaining agreement. Both Wisconsin and federal law require an employer to pay all workers time-and-a-half for hours worked over 40 in a week, defined as any 7-day period of 168 hours. Minors must be paid time-and-a-half for any hours worked over 10 in a day.

Factories and mercantile establishments only are subject to a “One Rest Day in Seven” law which provides certain employees a 24-hour rest period in each calendar week. It can fall on any of the days.

Minors are only permitted to work 6 days in any given week regardless of industry, unless they are high school graduates or not required to attend school.

Wisconsin Break Room Requirements

There is no statute in Wisconsin requiring employers to provide a dedicated break room.

Wisconsin Penalties for Breaking Rest and Break Laws

Mothers whose employers violate the breastfeeding statute may file a complaint, the penalties of which may include requiring the employer to remedy the violation, such as reinstating the employee if they were fired, providing compensation including back pay, and/or paying reasonable legal costs. 

Common Wisconsin Break Law FAQs

How many breaks in a 6-hour shift in Wisconsin?

State law doesn’t mandate breaks for adults over 18 in a 6-hour shift. Minors must be provided one 30-minute meal break in a 6-hour shift.

How many breaks in an 8-hour shift in Wisconsin?

State law doesn’t mandate breaks for adults over 18 in an 8-hour shift. Minors must be provided one 30-minute meal break in an 8-hour shift.

How many breaks in a 12-hour shift in Wisconsin?

State law doesn’t mandate breaks for adults over 18 in a 12-hour shift. Minors must be provided one 30-minute meal break in an 8-hour shift.

Is it legal to work 7 days straight in Wisconsin?

It is legal for adult workers in most industries to work 7 days straight in Wisconsin. Exceptions include employees in a factory or mercantile establishment. Minors may only work 6 days in a week.

Can I waive my lunch break in Wisconsin?

Since a lunch break is not mandated by state law, your employer can determine whether one is provided and whether you may waive it.

Wisconsin Department of Workforce Development