Exemptions to Wisconsin Minimum Wage Rate and Poster
Wisconsin has been at the middle of quite a few labor disputes over the last two years due to its contentious state politics but don’t let that obscure the fact that its labor laws are pretty standard issue. One of the most recent revisions to Wisconsin’s labor poster requirements came about in June of 2017 (ancient times, in employment law!) but that doesn’t mean you’re any less responsible for being up to date.
The notice concerns Wisconsin workers with disabilities and the special minimum wage at which they’re paid. The mandatory workplace posting is part of the Wisconsin Minimum Wage, Hours of Work, and Overtime Law. Generally, employees are covered by Wisconsin’s minimum wage and overtime law provisions with child labor law provisions applying to employees under the age of 18. However, workers whose disabilities impair their ability to perform their work may be employed under a special minimum wage license issued by the Department of Workforce Development.
For those establishments with such a license, the rates must reflect the productivity of the worker compared to the productivity of a worker not disabled for similar work and to the wages paid to experienced workers performing the same or similar work in the vicinity. Quite a noble effort to encourage participation in the workforce by all people willing to work even if their abilities are non-traditional.
Now as we mentioned earlier, in order to be able to pay less than the standard applicable minimum wage the business must obtain a license to do so. Eligibility and issuance of the license is governed under Section 14(c) of the Fair Labor Standards Act issued by the United States Department of Labor.
Is your business eligible for such an exemption? Are you meeting your posting requirements?