Does Madison, WI have its own minimum wage preemption ordinance?

No. Madison, WI does not appear to have a local minimum wage preemption ordinance, Wisconsin state law applies instead. The rules summarized on this page come from Wisconsin Statutes Ch. 104.

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Madison, WI Employment Preemption: Minimum Wage Preemption (2026)

Few Restrictions

Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

State minimum wage: $7.25/hour
Tipped wage: $2.33/hour
Preemption: Wis. Stat. 104.001 (Act 21)
City living wage: City contractors only

Summary

Wisconsin's minimum wage matches the federal $7.25 per hour. Wis. Stat. 104.001 (2017 Act 21) preempts Madison and other cities from setting any higher local minimum wage.

104.001 Statewide concern; uniformity. (1) The legislature finds that the provision of a minimum wage that is uniform throughout the state is a matter of statewide concern and that the enactment of a minimum wage ordinance by a city, village, town, or county would be logically inconsistent with, would defeat the purpose of, and would go against the spirit of this chapter. Therefore, this chapter shall be construed as an enactment of statewide concern for the purpose of providing a minimum wage that is uniform throughout the state. (2) A city, village, town, or county may not enact and administer an ordinance establishing a minimum wage. Any city, village, town, or county minimum wage ordinance that is in effect on June 16, 2005, is void. [...] 104.035 Minimum wage. (1) Employees generally. (a) Minimum rates. Except as provided in subs. (2) to (8), the minimum wage is $7.25 per hour.

Source: Wisconsin Statutes Ch. 104View official code

Full Breakdown

Wisconsin's general minimum wage under Wis. Stat. Ch. 104 is $7.25 per hour, identical to the federal floor and unchanged since 2009. The tipped wage is $2.33 per hour as long as tips bring earnings to at least the full minimum. In 2017, Act 21 amended Wis. Stat. 104.001 to expressly bar Wisconsin counties, cities, villages, and towns from establishing any higher minimum wage, including living wage ordinances applicable to private employers. Madison's prior city living-wage requirements now apply only to its own employees and direct contractors. UW-Madison and state agencies operate under separate state pay structures.

Violations & Fines

Employers paying below $7.25 face state Department of Workforce Development complaints, back-wage liability, and federal FLSA penalties. Madison cannot enforce a higher local floor on private employers.

Frequently Asked Questions

Can Madison pass a $15 minimum wage?

Not for private employers. Wis. Stat. 104.001 preempts higher local wages. Madison can only set wage floors for its own workers and direct city contractors.

Does federal contracting raise it?

Federal contractors must pay at least the federal contractor minimum wage, which is significantly higher than Wisconsin's $7.25, but only on covered federal contracts.

Sources & Official References

[1]Wis. Stat. 104.001
[2]Wis. Stat. 104.035

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