Employer of Record for Wisconsin

Guide to Hiring Employees in Wisconsin

Your guide to hiring employees in Wisconsin, covering employment and labor laws, payroll, benefits, onboarding and taxes. You can also manage and pay your contractors in Wisconsin through Playroll.

Famous Photo Of Wisconsin Landmark
Iconic Image Of Wisconsin

Capital City

Madison

Timezone

CST

(

GMT-6

)

Paid Leave

None

Income Tax

3.5% - 7.65%

Employer Tax

8.9% - 13.05%

Leave The hiring to a local expert

Hire in Wisconsin with ease—our experts handle employment and compliance for you.

Enquire Now

How to Hire Employees In Wisconsin

Hiring in Wisconsin for the first time can be challenging, especially with the state's complex employment laws. Whether you're hiring independent contractors, setting up a legal entity, partnering with a PEO, or using an Employer of Record (EOR), it's essential to understand the local employment landscape. Playroll's comprehensive guide is here to help, whether you're onboarding local talent or relocating team members.

Here are four primary ways companies can hire employees in Wisconsin:

  • Establishing a local entity: Creating a legal entity in Wisconsin allows for direct hiring, but it can be costly and time-consuming. However, it gives you full control over employment and reduces risk exposure.
  • Partnering with an Employer of Record (EOR): An EOR, like Playroll, takes on the legal responsibilities of employment, acting as the employer on your behalf. This option streamlines hiring, payroll, and compliance with Wisconsin’s labor laws, helping you hire in Wisconsin without navigating the complex legal landscape yourself.
  • Working with a Professional Employer Organization (PEO): A PEO, such as Playroll, co-employs your team, managing essential HR functions like payroll, benefits, and compliance. Partnering with a PEO ensures you meet Wisconsin’s labor regulations while offering competitive employee benefits.
  • Hiring independent contractors: Hiring independent contractors can be more cost-effective, but Wisconsin has strict contractor classification rules. Proper classification is essential to avoid penalties for misclassification when hiring in Wisconsin.

Complying with Wisconsin specific employment regulations and federal laws is critical to avoiding legal risks and costly fines. Our guide focuses on hiring in Wisconsin, employment compliance, and how Playroll’s services can support your business as you navigate the complexities of hiring in the state.

Good To Know

Wisconsin has a well-educated and diverse labor pool, especially in industries like manufacturing, healthcare, agriculture, and tech. With top-tier universities and technical schools, you’ll have access to skilled professionals who can meet your company’s needs.

The state offers competitive tax rates and a strong economic climate for businesses, making it a cost-effective place to set up operations. Additionally, Wisconsin provides various tax incentives to encourage business growth.

Wisconsin offers a high quality of life with affordable housing, low commute times, and plenty of recreational opportunities. The state’s natural beauty and outdoor lifestyle make it an attractive place for employees to live and work, which helps with retention.

Key Things to Know About Hiring in Wisconsin

Do I need an EIN or Payroll Tax Number to Employ in Wisconsin

Employers in Wisconsin are required to obtain a Federal Employer Identification Number (EIN) and a Wisconsin withholding tax number if they plan to hire employees and withhold taxes. Registering for these numbers can be done through the Wisconsin Department of Revenue and is necessary for fulfilling tax obligations​.

Working Hours in Wisconsin

There are no specific state laws that govern the number of hours an adult employee can work; thus, federal standards typically apply. For minors, there are specific restrictions based on age, with required breaks for those under 18 working more than 6 consecutive hours​.

What Is Considered Full-Time Employment in Wisconsin?

Wisconsin does not specifically define full-time employment by hours. Therefore, the definition often depends on the employer’s policy or the standards set by federal laws, such as those used for benefits eligibility under the Affordable Care Act.

Probation Period in Wisconsin

Wisconsin does not mandate a specific probationary period for new hires. Employers are free to set their probation terms, commonly ranging from 30 to 90 days, depending on company policy​.

Labour Laws in Wisconsin

Minimum Wage in Wisconsin

Minimum wage in Wisconsin is subject to federal laws.

Wisconsin Anti-Discrimination Laws

In Wisconsin, the Fair Employment Act (WFEA) prohibits discrimination based on race, sex, age, disability, sexual orientation, and more. Employers must also comply with federal laws like Title VII (race, sex, religion, etc.), ADA (disability), and ADEA (age 40+). Additionally, Wisconsin’s Equal Pay Law mandates equal pay for equal work regardless of gender. Employers must also comply with federal laws. 

Famous Wisconsin Landmark

Onboarding New Hires in Wisconsin

We can help you get your new employee started in Wisconsin fast, with a minimum onboarding time from just 1-2 working days. Note that the timeline is dependent upon registration with the local authorities, and begins after the employee has submitted all the required information on the Playroll platform.

For non-citizens of the US, a work eligibility assessment may be required, and can add three extra days to the onboarding time. If a follow-up is needed, there may be additional delays.

Please note that payroll cut-off dates can impact the actual first day of employment. Playroll’s payroll cut-off date is the 10th of the month, unless otherwise specified.

Payroll Taxes For Wisconsin

Common payroll cycles include weekly, bi-weekly, semi-monthly, and monthly. Therefore, bi-weekly payroll is a permissible and common option, but it is not mandated by state law; the choice depends on the employer's payroll policies

Looking to grow your team in Wisconsin?

Stay Compliant: Navigate Wisconsin’s complex labor laws with ease.

Affordable Solution: Reduce costs with a budget-friendly EOR option.

Top-Tier Benefits: Access competitive Wisconsin and federal employee benefits for a stronger team.

Book a Demo Default Icon Hover Icon

Wisconsin Employment Taxes

Employers are required to make several tax contributions related to employment. These taxes include federal, state, and local obligations that help fund various programs such as unemployment benefits, social security, and other state-specific initiatives. Employers must withhold these taxes from employees' wages and make matching contributions for certain taxes.

Employer Tax Contributions

Employment Tax Type Tax Rate
Social Security Tax As per federal legislation
Medicare Tax As per federal legislation
Unemployment Insurance Varies by employer’s experience rating, generally between 0.3% and 7.0%
Workers’ Compensation Insurance Rates vary by industry and risk level

Employee Payroll Tax Contributions

Employee Payroll Tax Contribution Tax Rate
Income Tax Varies from 3.54% to 7.65% based on income brackets
Social Security Tax As per federal legislation
Medicare Tax As per federal legislation

Tax Due Dates in Wisconsin

In Wisconsin, the tax return deadline for individual income taxes is typically April 15 each year. If that date falls on a weekend or holiday, the deadline is extended to the next business day.

Info Icon

The tax-related information provided in this guide is intended for general guidance and informational purposes only. Reach out to our dedicated team for insights on remote hiring in Wisconsin tailored to your needs.

CTA Image showing employees in various countries across the globe
Employee Cost Calculator

Get an instant breakdown of the true costs of hiring in Wisconsin.

Calculate Now Default Icon Hover Icon

Paid and Unpaid Leave Policies in Wisconsin

Is Vacation Leave Mandatory in Wisconsin?

In Wisconsin, employers are not legally required to provide either paid or unpaid vacation leave to their employees. The decision to offer vacation benefits is at the discretion of the employer.

What Are Mandatory Leave Entitlements in Wisconsin?

Type of Leave Time Period Mandatory Pay Status Eligibility Criteria
Annual Leave Varies (employer dependent) No Employer -dependent Employer discretion, there is no state mandate.
Maternity Leave Up to 12 weeks under (FMLA) No (but FMLA applies) Paid by FMLA Must meet FMLA eligibility: 12 months of employment, 1,250 hours worked in past year
Paternity Leave Up to 12 weeks under (FMLA) No (but FMLA applies) Paid by FMLA Must meet FMLA eligibility: 12 months of employment, 1,250 hours worked in past year
Sick Leave Varies (Employer dependent) No Employer dependent Federal FMLA applies to eligible workers
Military Leave Varies (Employer dependent) Yes Unpaid Must be a member of the U.S. Armed Forces, National Guard, or Reserves
Jury Duty Varies (Employer dependent) Yes Employer dependent All employees are entitled to time off for jury duty
Parental Leave Up to 12 weeks under (FMLA) No (but FMLA applies) Unpaid Must meet FMLA eligibility: 12 months of employment, 1,250 hours worked in past year
Voting Leave Up to 3 hours if hours conflict with voting time Yes Paid Employees must be eligible to vote in the election
Domestic Violence Leave Varies Yes Unpaid Employees affected by domestic violence are eligible

Paid Time Off in Wisconsin

Wisconsin does not have a state law requiring employers to provide paid time off (PTO), including vacation or personal days. PTO is generally offered at the discretion of the employer, and companies may establish their own policies for vacation, sick leave, and personal days.

Maternity & Paternity Leave In Wisconsin

There is no state law in Wisconsin that mandates paid maternity leave. However, eligible employees may take time off under the Family and Medical Leave Act (FMLA) for the birth and care of a newborn child. The leave is unpaid, but employees are entitled to job protection during this time. There is no state mandate for paid paternity or maternity leave, but employers may offer paid time off at their discretion.

Sick Leave In Wisconsin

Wisconsin does not require employers to provide paid sick leave. Employees may use unpaid leave for illness under FMLA if they meet the eligibility requirements. Some municipalities in Wisconsin, like Milwaukee, have ordinances that mandate paid sick leave for workers, but this is not a statewide requirement.

Military Leave in Wisconsin

Under both federal law (via USERRA) and state law, employees who serve in the U.S. Armed Forces are entitled to leave for military service and job protection upon returning to work. Employers must provide unpaid leave for military duty and must reinstate employees in their previous roles or a similar one when they return, as long as the service did not exceed five years.

Jury Duty in Wisconsin

Wisconsin law requires employers to allow employees to take time off for jury duty. Employers are prohibited from firing or retaliating against employees who serve on a jury. Whether this leave is paid is at the employer’s discretion, as there is no state law mandating paid jury duty leave.

Voting Leave in Wisconsin

Wisconsin law requires that employers provide up to 3 hours of paid leave for employees to vote in an election, but only if the employee’s work hours overlap with voting hours.

Domestic Violence Leave in Wisconsin

Wisconsin law allows employees to take unpaid leave for certain situations related to domestic abuse, such as seeking medical attention or counseling.

It’s Easy To Manage Benefits For Employees In Wisconsin With Playroll

Benefit Requirements for Employers in Wisconsin

Are Employers Required To Provide Health Insurance in Wisconsin?

In Wisconsin, employers are not required to provide health insurance unless they have 50 or more full-time equivalent employees. If they do, they must comply with the federal Affordable Care Act (ACA). For smaller employers (fewer than 50 employees), providing health insurance is optional.. For smaller employers, health insurance is not mandated, though they may choose to offer it as a benefit.

Do Part-Time Employees Get Benefits in Wisconsin?

Part-time employees in Wisconsin are not automatically entitled to benefits like health insurance or paid leave, unless specified by their employer. There is no state law requiring benefits for part-time workers. However, part-time employees may qualify for benefits if their employer offers them, or if the employer has a policy that includes part-time workers. 

Are employers required to offer 401k in Wisconsin?

In Wisconsin, private retirement plans like 401(k)s are not mandatory for private-sector employees, but if offered, employers must comply with federal regulations like ERISA.

Employment Termination Protocols in Wisconsin

Termination Process in Wisconsin

The termination process is governed by the at-will employment doctrine, meaning that either the employer or the employee can end the employment relationship at any time, for any lawful reason, or for no reason at all. However, there are exceptions. Termination cannot occur based on discriminatory reasons such as race, gender, age, religion, or disability. Additionally, an employer cannot terminate an employee in retaliation for engaging in protected activities, such as filing complaints about workplace safety or discrimination.

Notice Period in Wisconsin

There is no legal requirement regarding a specific notice period before terminating an employee. Employers and employees are free to establish their own notice periods if outlined in an employment contract or company policy. If such terms exist, both parties must adhere to them.

Severance in Wisconsin

Wisconsin does not mandate severance pay upon termination. Severance is generally determined by company policy or individual employment contracts. If a severance package is offered, it is usually negotiable and may include severance pay or other considerations.

Hiring Employees in Wisconsin with an employer of record

Discuss how an EOR handles onboarding, including setting up compliant employment contracts, registering for taxes, and managing benefits like Wisconsin's superannuation system (if applicable).

The employer of record is responsible for:

  • Employment Compliance: Ensure all employment contracts comply with Wisconsin's labor laws and regulations, including proper classification of employees.
  • Payroll Management: Calculate, process, and distribute employee salaries in accordance with Wisconsin's payroll laws, including deductions for taxes and social security contributions.
  • Tax Filing and Contributions: Handle the registration, filing, and payment of employer taxes and social security contributions to the relevant authorities.
  • Employment Contracts: Draft and maintain compliant employment agreements, detailing salary, benefits, working hours, and termination terms in line with Wisconsin's legal requirements.
  • Benefits Administration: Provide mandatory employee benefits as required by [State]'s labor laws, such as health insurance, pension contributions, and statutory leave.

Back to Top

Copied to Clipboard

Woman with glasses
Woman with glasses

Take your business to new places

Employer of Record for Wisconsin

  • hire icon Hire employees without entity setup.
  • handshake icon Full compliance, we assume 100% liability.
  • gift icon Handle local payroll and benefits seamlessly.
  • headphones icon 24/5 responsive real-human support.
  • money icon Transparent pricing, no hidden fees.

FAQS

FAQs About Hiring In Wisconsin

What is the minimum wage in Wisconsin?

As of January 1, 2024, Wisconsin’s minimum wage rates are:

  • $7.25 per hour.
  • Applies across all sectors.

Playroll makes growing your team in Wisconsin effortless. Ready to start?

The HR Platform built to scale your global team.