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.
Wis. Stat. §104.035 fixes Wisconsin's minimum wage at the federal $7.25 per hour, with $2.33 for tipped workers receiving qualifying tips, and $5.90 for opportunity employees under 20 in their first 90 days. Wis. Stat. §104.001 (created by 2017 Wisconsin Act 21) explicitly preempts cities and counties from enacting any local minimum wage exceeding the state floor. Milwaukee therefore cannot pass a $15 minimum wage applicable to all employers. The city does require a higher living wage for its own employees and most service contractors above a threshold contract size under Milwaukee Code Ch. 310, which courts have allowed because cities can set wages they themselves pay.
An employer paying under $7.25 (or applicable youth/tipped rate) faces back-wage liability and Wisconsin DWD penalties. Cities passing universal local minimum wages would be void under §104.001.
See how Milwaukee's minimum wage preemption rules stack up against other locations.
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