Wisconsin Minimum Wage Local Preemption Law

Wis. Stat. 104.001 declares that matters of statewide concern related to wage rates require uniform regulation. The statute prohibits any local government from enacting an ordinance that establishes a minimum wage higher or lower than the state and federal floor of $7.25 per hour. The Department of Workforce Development administers wage rules under chapter 104 of the statutes. Tipped employees may be paid a sub-minimum wage with required tip credit reaching at least the standard minimum. The preemption statute also extends to scheduling, leave, and benefits, and was enacted partly to forestall local ordinances such as those passed in Madison and Milwaukee.

Local ordinances inconsistent with 104.001 are void. Employers face state penalties only for violating the statewide minimum wage of $7.25 per hour, including back wages, liquidated damages, and civil forfeitures up to $100 per violation per pay period.