Wisconsin Statutes
Wis. Stat. § 104.01 (2026)
Definitions
✓ current as of July 2026
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104.01(1d)(1d) “Agricultural employee” means an employee who is employed in the operation of farm premises, as described in s. 102.04 (3).
104.01(2)(a)(a) “Employee” means every individual who is in receipt of or is entitled to any compensation for labor performed for any employer.
104.01(2)(b)1.1. Any individual engaged in the house to house delivery of newspapers to the consumer or engaged in direct retail sale to the consumer.
104.01(2)(b)3.3. Any individual engaged in performing services for an employer described in sub. (3) (b) if that individual is not considered under 29 USC 203 (e) (4), as amended to April 15, 1986, to be an employee for the purposes of the fair labor standards act, 29 USC 201 to 219, or if that individual is exempt under 29 USC 213, as amended to April 1, 1990, from being paid at least the federal minimum hourly wage under 29 USC 206 (a) (1).
104.01(2)(b)4.4. Any individual engaged in performing services for an employer described in sub. (3) (b) if that individual is not subject to the civil service laws of the employer and if that individual is an elective officer; is on the personal staff of an elective officer, other than a member of the legislature; is appointed by an elective officer to serve on a policymaking level; or is an immediate adviser to an elective officer with respect to the constitutional or legal powers of the elective officer’s office.
104.01(2)(b)5.5. Any individual whose primary duty is making sales, as defined in 29 USC 203 (k), or obtaining orders or contracts for services or for the use of facilities for which a consideration will be paid by the client or customer and who is customarily and regularly engaged away from the employer’s place of business in performing that primary duty.
104.01(2)(b)6.6. Any individual who has entered into a contract to play baseball at the minor league level and who is compensated pursuant to the terms of a collective bargaining agreement that expressly provides for wages and working conditions.
104.01(3)(a)(a) The term “employer” shall mean and include every person, firm or corporation, agent, manager, representative, contractor, subcontractor or principal, or other person having control or direction of any person employed at any labor or responsible directly or indirectly for the wages of another.
104.01(3)(b)(b) “Employer” includes the state, its political subdivisions and any office, department, independent agency, authority, institution, association, society or other body in state or local government created or authorized to be created by the constitution or any law, including the legislature and the courts.
104.01(5m)(5m) “Opportunity employee” means a person under 20 years of age who is in the first 90 consecutive days of employment with his or her employer.
104.01(6)(6) “Sheltered workshop” means a charitable organization or institution conducted not for profit, but for the purpose of carrying out a recognized program of rehabilitation for workers with disabilities and of providing workers with disabilities with remunerative employment or other occupational rehabilitating activity of an educational or therapeutic nature.
104.01(7)(7) “Student learner” means a student who is receiving instruction in an accredited school and who is employed on a part-time basis, pursuant to a bona fide school training program. A “bona fide school training program” means a program authorized and approved by the department of public instruction or the technical college system board, or other recognized educational body, and provided for part-time employment training which may be scheduled for a part of the workday or workweek, supplemented by and integrated with, a definitely organized plan of instruction and where proper scholastic credit is given by the accredited school.
104.01(7m)(7m) “Tipped employee” means an employee who in the course of employment customarily and regularly receives money or other gratuities from persons other than the employee’s employer.
104.01(10)(10) “Worker with a disability” means a worker whose earning capacity is impaired by age or physical or mental deficiency or injury and who is being served in accordance with the recognized rehabilitation program of a sheltered workshop within the facilities of such agency or in or about the home of the worker.
104.01 HistoryHistory: 1977 c. 29; 1983 a. 189, 458; 1989 a. 225; 1993 a. 144, 399; 1995 a. 27 ss. 9130 (4), 9145 (1); 1997 a. 3, 27, 112; 2005 a. 12; 2013 a. 285; 2015 a. 55, 258; 2017 a. 364; 2025 a. 77.
104.01 AnnotationBased on the text of sub. (3) (a) and the consistent focus on control shown across various areas of Wisconsin employment law, allegations giving rise to a plausible inference of control over a person employed at labor are enough to plead that a person or business is an employer under Wisconsin’s minimum wage law. Brant v. Schneider National, Inc., 43 F.4th 656 (2022).
Notes of Decisions
Cited in 15
cases (9 in the last 5 years), 1989–2024 · leading case: Keup v. Wisconsin Dep't of Health & Fam. Servs., 2004 WI 16 (Wis. 2004).
Keup v. Wisconsin Dep't of Health & Fam. Servs., 2004 WI 16 (Wis. 2004). “In fact, § 104.01(11) prohibits DHFS from directly reimbursing medical assistance recipients.”
Eric Brant v. Schneider Nat'l Inc., 43 F.4th 656 (7th Cir. 2022). “See Wis. Stat. § 104.01 (2)(b)(3). Because the def- initions of employer and employee are distinct under the FLSA and Wisconsin law, and Wisconsin courts have not ad- hered to a Lauritzen-style multi-factor test, we treat Brant’s claim for minimum wage under Wisconsin law…”
Erdman v. Jovoco, Inc., 512 N.W.2d 487 (Wis. 1994). “(6) "Wages" means all remuneration, other than fees paid to a public official, for services performed by an employe for an employer, including cash value of all remuneration paid in any medium other than cash Section 104.01. Definitions. (8) The term "wage" or and the term…”
Martinez v. Dep't of Indus., Labor & Human Relations, 478 N.W.2d 582 (Wis. 1992). “" Sec. 104.01(5), Stats. Wisconsin law also provides that " [e]very wage paid or agreed to be paid by any employer to any employe, except as otherwise provided in s.”
Pope v. Espeseth, Inc., 228 F. Supp. 3d 884 (W.D. Wis. 2017). “” Wis. Stat. § 104.01 (3)(a). To prevail on their state-law overtime and straight time pay claims against Fish, plaintiffs must show that Fish is “engaged in any activity, enterprise or business employing one or more persons within the state.”
Plumber's Local 458 Holiday Vacation Fund v. Howard Immel, Inc., 445 N.W.2d 43 (Wis. Ct. App. 1989). “Sec. 104.01(8), Stats. Thus, "wages" have generally been defined to include not only the hourly rate paid for labor, but the total remuneration for labor, including contributions for vacation, pension, and health insurance benefits.”
Amandah v. Alro Steel Corp. (E.D. Wis. 2020). “The defendant in this case is Alro Steel Corporation (“Alro”), a steel distribution company that has warehouses throughout the nation. Amandah, a former employee, seeks to bring his FLSA claim on a class basis, which in the parlance of the FLSA is called a collective action.”
Placide v. Roadrunner Transp. Servs. Inc (E.D. Wis. 2022). “§ 14704 , Wisconsin wage and hour law, Wis. Stat. §§ 104.01 and 109.01, and common-law unjust enrichment.”
Parker v. Villa of Greenfield LLC (E.D. Wis. 2022). “The parties did not agree on issues such as joint employer liability, class certification and damages.”
Jackson v. Dovenmuehle Mortg. Inc (E.D. Wis. 2023). “On June 29, 2023, the parties informed the Court that they have reached a settlement that will terminate the case with prejudice. ECF No. 20-2 at 4. The settlement resolves only Plaintiff’s claims on an individual basis.”
Wendt v. Trifecta Solutions LLC (E.D. Wis. 2024). “” Wis. Stat. § 104.01 (3)(a). For purposes of Plaintiff’s overtime claim, Wisconsin law defines an “employee” as “any person who may be required or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any employment, or to go or work or…”
Brant v. Schneider Nat'l Inc (E.D. Wis. 2021). “§ 104.01 (2)(a). “It is well recognized that under the FLSA the statutory definitions regarding employment are broad and comprehensive in order to accomplish the remedial purposes of the Act.”
— Wis. Stat. § 104.01(11) — 1 case
Keup v. Wisconsin Dep't of Health & Fam. Servs., 2004 WI 16 (Wis. 2004). “In fact, § 104.01(11) prohibits DHFS from directly reimbursing medical assistance recipients.”
— Wis. Stat. § 104.01(5) — 1 case
Martinez v. Dep't of Indus., Labor & Human Relations, 478 N.W.2d 582 (Wis. 1992). “" Sec. 104.01(5), Stats. Wisconsin law also provides that " [e]very wage paid or agreed to be paid by any employer to any employe, except as otherwise provided in s.”
— Wis. Stat. § 104.01(5)(a) — 1 case
Keup v. Wisconsin Dep't of Health & Fam. Servs., 2004 WI 16 (Wis. 2004). “In fact, § 104.01(11) prohibits DHFS from directly reimbursing medical assistance recipients.”
— Wis. Stat. § 104.01(8) — 1 case
Plumber's Local 458 Holiday Vacation Fund v. Howard Immel, Inc., 445 N.W.2d 43 (Wis. Ct. App. 1989). “Sec. 104.01(8), Stats. Thus, "wages" have generally been defined to include not only the hourly rate paid for labor, but the total remuneration for labor, including contributions for vacation, pension, and health insurance benefits.”
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