Milwaukee, WI Employment Preemption: Minimum Wage Preemption (2026)
Key Facts
- 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
Summary
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.
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. 104.02 Minimum wage: requirement to pay. Every wage paid or agreed to be paid by any employer to any employee, except as otherwise provided in s. 104.07, shall be not less than the applicable minimum wage established under s. 104.035. Any employer paying, offering to pay, or agreeing to pay any employee a wage lower or less in value than the applicable minimum wage established under s. 104.035 is guilty of a violation of this chapter as provided in s. 103.005 (11) and is subject to the penalties provided in s. 103.005 (12). 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.
Full Breakdown
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.
Violations & Fines
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.
Frequently Asked Questions
Why doesn't Milwaukee have a $15 minimum wage?
What is the city living wage?
Where do I report a wage violation?
Sources & Official References
Other rules in Milwaukee
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