Wisconsin Statutes

Wis. Stat. § 103.025 (2026)

Hours of labor; compensatory time

✓ current as of July 2026

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103.025103.025 Hours of labor; compensatory time.

103.025(1)(1) In this section:

103.025(1)(a)(a) “Compensatory time” means hours during which an employee is not working, which are not counted as hours worked during the workweek or other work period classified by the department by rule promulgated under s. 103.02 for purposes of calculating overtime compensation, and for which the employee is compensated at the employee’s regular rate of pay.

103.025(1)(b)(b) “Employee” has the meaning given in s. 104.01 (2).

103.025(1)(c)(c) “Overtime compensation” means the compensation required to be paid for hours worked during periods that the department has classified, by rule promulgated under s. 103.02, as periods to be paid for at the rate of at least 1.5 times an employee’s regular rate of pay.

103.025(2)(2) An employer described in s. 103.01 (1) (b) may provide an employee, in lieu of overtime compensation, compensatory time off as permitted under 29 USC 207 (o), as amended to April 15, 1986.

103.025 HistoryHistory: 1993 a. 144.

Notes of Decisions

Cited in 7 cases (3 in the last 5 years), 1999–2026 · leading case: Kuhnert v. Advanced Laser Machining, Inc., 2011 WI App 23 (Wis. 2011).

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Kuhnert v. Advanced Laser Machining, Inc., 2011 WI App 23 (Wis. 2011). · cites it 6× “Pursuant to Wis. Stat. § 103.025 (l)(c), 2 "overtime compensation" means "the compensation required to be paid for hours worked during periods that the department has classified, by rule promulgated under s.”

Musch v. Domtar Indus., Inc., 587 F.3d 857 (7th Cir. 2009). “Wis. Stat. § 103.025 (2002); Wis. Admin. Code DWD § 272.”

Ian Nelson & Brandon Wagner, individually on behalf of all others similarly situated v. Sub-Zero, Inc. (W.D. Wis. 2026). · cites it 13× “Two of those statutory exclusions are relevant here: an employee’s regular rate does not include discretionary bonuses or premium pay for work on weekends and holidays.”

Moran v. Wisconsin Dep't of Admin., 603 N.W.2d 234 (Wis. Ct. App. 1999). · cites it 3× “Finally, the prohibition in subsection (16) against a judge earning overtime pay and compensatory time under § 103.025, Stats., is not a limitation on a judge's "salary.”

Dokey v. Spancrete Inc (E.D. Wis. 2021). · cites it 2× “§ 207 (a)(1); Wis. Stat. § 103.025 (c) (2020); Wis. Admin.”

Morgan, Zachary v. Crush City Constr., LLC (W.D. Wis. 2022). · cites it 2× “§ 207 (a)(1); Wis. Stat. § 103.025 (1)(c); Wis. Admin. Code § DWD 274.”

Alan Musch v. Domtar Indus., Incorporate (7th Cir. 2009). “Wis. Stat. § 103.025 (2002); Wis. Admin. Code DWD § 272.”

— Wis. Stat. § 103.025(c) — 1 case

Ian Nelson & Brandon Wagner, individually on behalf of all others similarly situated v. Sub-Zero, Inc. (W.D. Wis. 2026). “Two of those statutory exclusions are relevant here: an employee’s regular rate does not include discretionary bonuses or premium pay for work on weekends and holidays.”

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