What Is The Labor Standards Retaliation Law?

Home English FAQs Labor and Employment Wisconsin

What Is The Labor Standards Retaliation Law?

Under Section 111.31111.395 of the Wisconsin Statutes an employer is prohibited from retaliating against any employee who files a complaint, attempts to enforce a right permitted by statute, or testifies in a case, or assists in a case under the state's labor standards laws such as child labor, minimum wage, hours of work and overtime, wage payment and collection, and prevailing wage rate laws. The law's protections also apply if an employer takes an adverse employment action against the employee because that employer believes the employee has exercised any of the above rights.

Other Wisconsin Labor and Employment FAQs

Q: Must An Employer Provide For Rest Breaks?
A: Employees under 18 years of age must receive at least a 30minute duty free meal period when working a shift greater than 6 hours in duration. Breaks of shorter … More
Q: Must Employers Must Pay Employees For "On Duty" Meal Periods?
A: An "on duty" meal period is one where the worker is not provided at least 30 consecutive minutes free from work, or where the worker is not free to leave the … More
Q: What Are The Exceptions To The Wisconsin Plant Closing/Mass Layoff Law?"
A: This law does not apply to the federal or state government (and their political subdivisions), or charitable or tax exempt institutions. Additional exceptions exist in … More
Q: What "Employees Are Counted?"
A: Employees are counted if their employment is terminated (not including discharges for cause, voluntary departures or retirements), if they are laid off for more than 6 … More
Q: What Is A "Business Closing (Plant Closing)?"
A: A "business closing (plant closing)" requires notice if there is a permanent or temporary shutdown of an employment site or of one or more facilities or operating … More
Q: What Is A "Mass Layoff?"
A: A "mass layoff" requires notice if there is a reduction in the workforce that is not a "business closing" and which affects the following number of employees … More
Q: Who Are "New" And "Low-Hour" Employees?
A: "New" employees are those who have been employed for fewer than 6 of the 12 months preceding the date on which a notice is required. "Lowhour" employees are … More
Q: Who Must Receive Notice?
A: Employers who have decided on a business closing or mass layoff must provide written notice to The Department of Workforce Development. Dislocated Workers Unit. PO Box … More
Q: What Can Employees Recover If Notice Is Required, But Not Given?
A: If an employer does not provide notice as required, affected employees may recover back pay and benefits for each day that required notice was not provided (up to a … More
Q: Which Current Or Former Employers Must Comply With The "cessation Of Health Care" Requirement?
A: Employers who operate a business enterprise in Wisconsin that employs 50 or more persons in this state must provide advance written notice of the employer's intention … More