Don’t fall into wage and hour traps on Wisconsin construction sites

Calculating accurate wages and hours for employees remains a persistent risk area for Wisconsin employers, particularly those operating in construction and other jobsite-driven industries. While many employers understand the basic requirement to pay hourly employees for time worked, less obvious issues, such as travel time, pre- and post-shift activities, and overtime calculations, often create significant exposure. Missteps in these areas can quickly lead to costly claims, audits, or class-based litigation.

Overtime: Baseline obligation

Under Wisconsin law, most employers must pay covered employees one and one-half times their regular rate for all hours worked in excess of 40 hours in a workweek. This requirement applies broadly across industries, including mechanical and “trade”-based occupations common on jobsites. 

Although certain exemptions exist, such as for bona fide executive, administrative, or professional employees, those exemptions are specific and rarely apply to tradespeople. The overtime calculation hinges on “hours worked,” which is where many employers encounter compliance issues.

Travel time: When employees’ commute becomes compensable

Ordinary home-to-work commuting is generally not compensable. However, once an employee’s travel becomes part of the workday, the analysis changes.