Minimum Wage Preemption: Milwaukee vs West Allis
How do minimum wage preemption rules compare between Milwaukee, WI and West Allis, WI?
Milwaukee has fewer restrictions than West Allis.
Milwaukee, WI
Milwaukee County
Wisconsin's minimum wage tracks the federal $7.25 floor under Wis. Stat. §104.035. Wis. Stat. §104.001 (2017 Act 21) preempts Milwaukee from setting a higher local wage. The city's living wage applies only to its contractors.
View full Milwaukee rules →West Allis, WI
Milwaukee County
Wisconsin Statute 104.001 expressly preempts cities, villages, towns, and counties from establishing a minimum wage higher than the state minimum, ensuring uniform wage rules across Wisconsin.
View full West Allis rules →Key Facts Comparison
| Fact | Milwaukee | West Allis |
|---|---|---|
| Minimum wage | $7.25 / hour | - |
| Tipped wage | $2.33 / hour | - |
| Wage statute | Wis. Stat. §104.035 | - |
| Preemption statute | Wis. Stat. §104.001 | - |
| Local living wage | City contractors only | - |
| - | - |
Highlighted rows indicate differences between cities.
Milwaukee FAQ
Why doesn't Milwaukee have a $15 minimum wage?
Wisconsin Act 21 (2017) preempts any local minimum wage above state law. Only the legislature can raise the floor, so Milwaukee cannot enact a citywide wage above $7.25.
What is the city living wage?
Milwaukee Code Ch. 310 requires a higher hourly wage for direct city employees and most large service contractors. It applies only to those parties, not private employers generally.
Where do I report a wage violation?
File with the Wisconsin Department of Workforce Development (DWD) Equal Rights Division. Federal violations also fall under U.S. DOL Wage and Hour Division.
West Allis FAQ
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