Wisconsin Statewide Rule
Wisconsin Predictive Scheduling Local Preemption
Key Facts
- Wis. Stat. 103.007
- Wis. Stat. 103.007 preempts predictive scheduling rules
- Enacted By 2017
- Enacted by 2017 Wisconsin Act 327
- Local Fair Workweek
- Local fair workweek ordinances unenforceable
- Federal Flsa Still
- Federal FLSA still governs overtime
- Chapter 103 Covers
- Chapter 103 covers hours and rest periods
Summary
Wisconsin preempts local predictive scheduling and fair workweek ordinances under Wis. Stat. 103.007, ensuring statewide uniformity for employer scheduling practices and forbidding municipal advance-notice mandates.
(a) Subject to par. (c), no city, village, town, or county may enact or enforce an ordinance that regulates employee hours or overtime, including scheduling employee work hours or shifts. 103.007(3)(b)(b) Subject to par. (c), if a city, village, town, or county has in effect on April 18, 2018, an ordinance that regulates employee hours or overtime, including scheduling employee work hours or shifts, the ordinance does not apply and may not be enforced. 103.007(3)(c)(c) Nothing in this section prohibits a city, village, town, or county from enacting or enforcing any of the following ordinances: 103.007(3)(c)1.1.
Full Breakdown
Wisconsin's 2017 Act 327 added Wis. Stat. 103.007, which preempts any local ordinance requiring an employer to provide a specific work schedule, advance notice of schedules, or premium pay for schedule changes. Combined with the wage preemption in 104.001, this prevents Wisconsin cities such as Madison from adopting fair workweek measures similar to those in Seattle, San Francisco, or New York City. State law instead governs general scheduling subject to federal FLSA overtime rules and Wisconsin chapter 103 hours-of-labor protections. Employers retain flexibility to set and modify schedules without local advance-notice or predictability pay requirements.
Violations & Penalties
Local ordinances regulating employer scheduling are void. Employers must still comply with state hour-of-labor rules in chapter 103 and federal overtime law; violations can result in back pay, liquidated damages, and DWD penalties.
Frequently Asked Questions
Is there a Wisconsin fair workweek law?
Do employers owe predictability pay in Wisconsin?
Sources
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