You work hard for every dollar on your paycheck. When your employer fails to pay you the wages you have rightfully earned, it is more than a payroll mistake. It is a violation of your rights under both federal and Wisconsin wage and hour laws. Whether you are dealing with unpaid overtime, minimum wage violations, or illegal deductions from your paycheck, our Wisconsin wage and hour lawyers at Hawks Quindel are ready to stand up for you and fight to recover the money you are owed.
Since 1959, we have helped thousands of Wisconsin workers hold employers accountable for unfair pay practices. We understand how stressful it can be when your paycheck does not reflect the hours you put in, and we are here to help you set things right.
Securing Wage and Hour Benefits Rightfully Owed to Wisconsin Workers
Why Choose Hawks Quindel for Your Wage and Hour Claim?
When your livelihood is at stake, you need a legal team with deep roots in Wisconsin's worker protection laws. Here is what sets us apart:
- Decades of experience with wage claims. For over 60 years, Hawks Quindel has championed the rights of Wisconsin workers. Our attorneys have represented thousands of employees in wage and hour disputes under both the Fair Labor Standards Act (FLSA) and Wisconsin state wage laws.
- No upfront cost to you. We handle wage and hour cases on a contingent fee basis, which means you do not pay attorney fees unless we recover wages on your behalf.
- Convenient locations across the state. With offices in Madison, Milwaukee, Appleton, and Waukesha, plus a Chicago location, we are accessible to workers throughout Wisconsin and northern Illinois.
- A client-centered approach. Our mission is to make sure every client is better off than when they first walked through our doors. We take time to listen, explain your options in plain language, and build a strategy tailored to your situation.
From factory floors near the Milwaukee Menomonee Valley to office buildings along Madison's Capitol Square, we have helped workers in every corner of the state recover the wages they deserve.
Hear From Our Clients
“happy with our settlement”
Bill Parsons and Brook Tylka and the rest of the staff from Hawks Quindel were very helpful with our case. They kept me up to date on the progress of my claim from the very beginning. After our first conciliation, we felt very confident we had the right attorney to...
“a practice someone can trust”
Hawks and Quindel are an amazing law firm to deal with. It’s a scary time and everyone there puts you at rest that they have your best interest at heart. They never make you feel like you are bothering them and they kept me in the loop with answers before... “thoroughness, patience, and insight”
I can’t praise Aaron Halstead and Connor Clegg enough for their work on my legal matter. I especially appreciated their thoroughness, patience, and insight. They were always responsive to my questions. They helped me navigate a challenging workplace issue and obtain a good outcome. I would and do recommend them. “highly recommend seeking the services of this firm”
During this very difficult time, the staff at Hawks and Quindel kept me reassured and informed every step of the way. I had the pleasure of working with Attorneys Jessa Victor and Brook Tylka. Jessa, Brook, Matt, and Hadley, thank you for all of your hard work, professionalism and compassion!... “my case was won”
From our first phone call with Donnie Malchow, we knew we'd found the right person to help us. I had filed for disability and been denied. He was willing to walk beside us and thoroughly explain the entire process (lasted over a year and a half) and expectations (gave us... “I would wholeheartedly recommend HQ”
I had another law firm representing me on a non-compete, and when it became clear that I needed new representation, I reached out to Hawks Quindel. Aaron Bibb took my case and he represented me extremely well to an agreeable resolution of the case, and costs were extremely reasonable and... “went above and beyond”
Attorney Halstead and his team went above and beyond to not only win my case, but because of certain circumstances I had going on, they did everything they could to help and rush the settlement through. They were always quick at responding to emails and phone calls with questions I... “I highly suggest this firm”
I can't imagine using any other firm after having Hawks Quindel, they were so knowledgeable and experienced but yet so down to earth to talk with. They kept me informed every step of the way and always answered when I had a question. What a staff, so many great people,... “empathy, intelligence, and professionalism”
I reside in New Mexico but drove a semi-truck coast to coast for an unscrupulous trucking company out of Wisconsin. This logistics company harassed, bullied lied and discriminated against me, keeping my earned wages, and leaving me in a financial hole. Devastated I called and left a message for the... “people treat you like family”
Top notch law firm Jacob and Natalie were my 2 attorneys that represented me on both of my cases? They did a fantastic job. Speaking up for me as they do for thousands of people and especially the little guys down-to-earth, people treat you like family, these people are godsons. “Way beyond my expectations”
Many thanks from my family to all of you at the firm!!! Hawks Quindel, S.C. is the only place I would consider for LTD, disability, SSDI, ERISA, EEOC, DRoW legal help!! Jessa Victor and her team got me all the answers and results when I didn't think it was possible!!!... “His team were patient and professional”
I had the pleasure of being represented by Aaron N. Halstead, Shareholder, on my discrimination case. His team were patient and professional. I would highly recommend this firm for the professionalism and efficiency for working through my case. “If there were 10 stars”
If there were 10 stars I would give them that. There are not enough words to express my gratitude for Aaron, Ben and their team. I felt strong with them behind me. Exceeded expectations is an understatement. “wonderful to work with”
I had mauve she was wonderful to work with! She helped me with my long battle to get SSI and SSDI. Which thankfully I now have! She's a delight and really helps boost anyone's confidents. “Extremely knowledgeable”
I had an incredible experience regarding my workers compensation case with Jakob Feltham! It was my first workers compensation case (*or first case ever), and I didn't know anything about the legalities surrounding my issue, or what I was entitled to? Jake Feltham had ALL my answers, and made it... “I’m happy with the work they did”
They were extremely responsive and good at communication throughout the process. They were accommodating of my disability and explained things well, taking time to answer all my questions. I'm happy with the work they did. Felt like I really had people on my side during a confusing and difficult time. “consistently responsive and professional”
My recent experience with Hawk Quindel, and in particular with John Leppanen in the Milwaukee office. He, was extremely valuable. The support/intake staff responded quickly to my initial inquiry, and John was responsive and made time soon after our initial contact to begin work on my case. John was able... “the best lawyers, trustworthy”
Excellent people, the best lawyers, trustworthy, always seeking the best results in the shortest possible time. I highly recommend them. “Very Helpful”
Eze the intake coordinator was awesome, very helpful and connected me with the right people to help with my situation! Thank you Eze! “Had My Back”
In 2010, I returned home from my second deployment. In 2012, I was told by the VA I couldn’t return to the job I was working at. It is now 2019, and through 7 years of needing legal representation, Hawks had my back through 3 separate issues: short term disability,... “Best Decision”
I really don’t know how to put this in words to express how happy, satisfied, and really just overwhelmed with a sense of justice being handed out on my behalf. This big corporate work comp insurer treated me wrong, but before I decided to give up I contacted Hawks Quindel,... “Highly Recommend”
The attorneys at Hawks Quindel worked tirelessly on my behalf. They were transparent at every step of the way, and answered any questions I had directly and in ways that someone without a legal background could easily understand. Although I would highly recommend them to anyone who is potentially facing... Understanding Wisconsin Wage and Hour Laws
Wisconsin wage and hour laws work alongside federal protections to make sure workers are paid fairly. The two main sources of protection are the FLSA, the federal law that sets baseline standards for wages and overtime, and Wisconsin Statutes Chapters 103, 104, and 109, which address employment regulations, minimum wage, and wage payment and collection at the state level.
Here is what these laws require in simple terms. Your employer must pay you at least the minimum wage for every hour you work. If you work more than 40 hours in a single workweek, you are generally entitled to overtime pay at one and a half times your regular rate.
Your employer must also pay you on a regular schedule, at least once per month, and must clearly show the hours you worked, your pay rate, and any deductions on your pay stub.
When employers cut corners on any of these requirements, it is called a wage and hour violation. These violations affect working families across Wisconsin, from servers in Green Bay restaurants to construction crews in the Fox Valley. And while some violations are obvious, many are subtle enough that workers may not even realize they are being shortchanged.
Common Wage and Hour Violations in Wisconsin
Wage and hour violations take many forms. Some of the most frequent issues our attorneys see include the following:
- Unpaid overtime. Your employer may misclassify your position as "exempt" from overtime, meaning they claim you are not entitled to time-and-a-half pay even though your actual job duties qualify you for it. Under both the FLSA and Wisconsin law, whether you are exempt depends on what you actually do at work, not just your job title.
- Minimum wage violations. Every hour you work must be compensated at or above $7.25 per hour, regardless of whether you are paid a salary, an hourly rate plus tips, commissions, or a piece rate. Tipped employees must earn at least $2.33 per hour in direct wages, and if tips do not bring total pay up to $7.25 per hour, the employer must make up the difference.
- Off-the-clock work. If your employer requires you to attend pre-shift meetings, put on protective equipment, or perform tasks before or after your official shift without pay, that is a violation. All time spent performing work duties must be compensated.
- Illegal paycheck deductions. Under Wis. Stat. § 103.455, employers can only make deductions from your wages for loss, theft, damage, or faulty workmanship under very limited circumstances. Deductions that bring your pay below minimum wage are generally prohibited.
- Automatic meal break deductions. Some employers automatically subtract 30 minutes from each shift for a meal break, even when employees work through that break or are not free to leave the premises. Under Wisconsin law, a meal period is only unpaid if the employee receives at least 30 consecutive minutes completely free from work duties.
Each of these situations can cost workers hundreds or even thousands of dollars over time. If any of these sound familiar, it may be worth having your pay records reviewed by a knowledgeable attorney.
What Is Wage Theft?
Wage theft is a broad term that covers any situation where an employer does not pay a worker the full wages they are legally owed. It can be intentional or accidental, but either way, the employer is responsible for making it right.
Some common forms of wage theft go beyond the violations listed above. For example, an employer might edit or round your time records in ways that reduce your total hours. They might misclassify you as an independent contractor to avoid paying overtime, even though you function as an employee in every meaningful way. Or they might fail to pay you for travel time between job sites during the workday.
Wage theft is a serious and widespread problem. A study by the Midwest Economic Policy Institute found that roughly one in ten Wisconsin construction workers experienced some form of payroll fraud. The issue is significant enough that Wisconsin established a Task Force on Payroll Fraud and Worker Misclassification to address the problem.
If you suspect your pay does not accurately reflect the work you have done, trust your instincts. Keeping your own records of hours worked, breaks taken, and pay received can help build a strong case if you decide to take action.
How Overtime Pay Works in Wisconsin
Overtime pay is one of the most commonly misunderstood areas of wage and hour law. Here is how it works.
Under both federal and Wisconsin law, most employees are entitled to overtime pay at a rate of 1.5 times their regular hourly rate for any hours worked beyond 40 in a single workweek. A workweek is a fixed, recurring period of 168 hours, or seven consecutive 24-hour days. It does not have to follow a calendar week, but it must remain consistent.
There are exemptions to the overtime requirement, most commonly called the "white-collar" exemptions. These apply to certain executive, administrative, and professional employees who meet specific tests related to their salary level and the nature of their job duties.
The key point is that an exemption depends on what you actually do in your role, not simply your job title or the fact that you receive a salary. Some common misunderstandings about overtime include:
- "Salaried employees don't get overtime." This is not always true. Being paid a salary does not automatically make you exempt from overtime. Your job duties must also meet specific criteria under the FLSA.
- "My employer said I'm exempt, so I must be." Employers sometimes misclassify workers as exempt to avoid paying overtime. If your daily work involves routine tasks rather than high-level management or professional judgment, you may be entitled to overtime regardless of your classification.
- "Overtime is based on daily hours." In Wisconsin, overtime is calculated on a weekly basis. Working a 12-hour day does not automatically trigger overtime unless your total hours for the week exceed 40.
Understanding these rules can help you recognize whether you are being paid correctly for the time you put in.
Filing a Wage and Hour Claim in Wisconsin
If you believe your employer has violated wage and hour laws, you generally have two paths for seeking recovery.
- The first option is filing a complaint with the Wisconsin Department of Workforce Development's Equal Rights Division. This is an administrative process where the state investigates your claim and works to resolve it. You must file your claim on a form provided by the department, and there is a two-year statute of limitations, meaning you must file within two years of when the wages were earned.
- The second option is filing a lawsuit in court under the FLSA, Wisconsin Statutes Chapter 109, or both. This path can allow for recovery of unpaid wages, additional penalties, and attorney fees. Under the FLSA, the statute of limitations is two years for standard violations and three years if the violation was willful, meaning the employer knew or should have known they were breaking the law.
It is important to act promptly. Every pay period that passes without filing a claim could mean losing the ability to recover wages from earlier periods. Speaking with an attorney early helps preserve your rights and gives you a clear picture of your options.
What to Expect When You Work with Our Wisconsin Wage and Hour Attorneys
We know that reaching out to a law firm can feel like a big step, especially when you are concerned about your job or worried about retaliation. Here is what the process looks like when you contact Hawks Quindel about a wage and hour issue.
- Free consultation. We start with a no-cost review of your situation. You will speak with an attorney who will listen to the details of your case, review any documents or pay records you have, and give you an honest assessment of your options.
- Case evaluation. If we believe you have a valid claim, we will explain the legal basis for it, the potential remedies available to you, and what the process will look like moving forward.
- Contingent fee representation. In wage cases, we represent workers on a contingent fee basis. That means our attorneys are only paid when we recover wages for you. There is no upfront cost and no financial risk to you for pursuing your claim.
- Protection from retaliation. Both the FLSA and Wisconsin law prohibit employers from retaliating against workers who assert their wage rights. If your employer fires you, demotes you, or takes other adverse action because you filed a wage claim, you may have an additional legal claim for retaliation.
Our goal is simple: to make sure you receive every dollar you have earned.
FAQs for Wisconsin Wage and Hour Lawyer
Here are some common questions we hear from workers across Wisconsin about wage and hour issues.
What if I signed a contract agreeing to a certain pay rate?
An employment contract cannot override federal or state minimum wage and overtime laws. Even if you agreed to a specific salary or pay structure, your employer must still comply with the FLSA and Wisconsin wage statutes. Any contract provision that waives your right to minimum wage or overtime pay is unenforceable.
Can I file a wage claim if I no longer work for the employer?
Yes. You do not need to be currently employed by the company to file a wage claim. The statute of limitations is generally two years from when the wages were earned, or three years under the FLSA if the violation was willful. Former employees file wage claims regularly and have the same rights as current employees.
What records should I keep to support a wage and hour claim?
It helps to keep your own records of hours worked each day, including start times, end times, and any breaks you did or did not take. Save copies of pay stubs, time sheets, employment contracts, and any communications with your employer about your pay. These records can be valuable evidence if a dispute arises.
Are there wage and hour protections for workers classified as independent contractors?
Classification as an independent contractor does not automatically exempt someone from wage and hour protections. Courts look at several factors, including how much control the employer has over the work, whether the worker uses the employer's tools, and the permanency of the working relationship. If you are misclassified, you may be entitled to minimum wage and overtime pay as an employee.
Does my employer have to pay me for travel time between job sites?
Generally, yes. If you travel between different work locations during your workday, that time is considered compensable work time under both federal and Wisconsin law. Your regular commute from home to your first job site and from your last job site back home is typically not compensable, but travel during the workday usually is.
Wage and Hour Resources
Talk to Our Wisconsin Wage and Hour Lawyer Today
If you believe your employer has not paid you the wages you have earned, do not wait. The sooner you take action, the more wages you may be able to recover.
At Hawks Quindel, we have been fighting for Wisconsin workers since 1959, and we are ready to fight for you. Contact us today for a free consultation. You worked for it. Let us help you get paid for it.