Wis. Stat. » CHAPTER 104 — MINIMUM WAGE LAW
Wisconsin Statutes

Wis. Stat. § 104.02 (2026)

Minimum wage: requirement to pay

✓ current as of July 2026
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104.02104.02 Minimum wage: requirement to pay. Every wage paid or agreed to be paid by any employer to any employee, except as otherwise provided in s. 104.07, shall be not less than the applicable minimum wage established under s. 104.035. Any employer paying, offering to pay, or agreeing to pay any employee a wage lower or less in value than the applicable minimum wage established under s. 104.035 is guilty of a violation of this chapter as provided in s. 103.005 (11) and is subject to the penalties provided in s. 103.005 (12).
104.02 HistoryHistory: 1975 c. 94; 2005 a. 12; 2015 a. 55.
Notes of Decisions
Cited in 10 cases (5 in the last 5 years), 1971–2025 · leading case: Martinez v. Dep't of Indus., Labor & Human Relations, 478 N.W.2d 582 (Wis. 1992).
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Martinez v. Dep't of Indus., Labor & Human Relations, 478 N.W.2d 582 (Wis. 1992). · cites it 2× “" Section 104.02, Stats. 5 Under sec. 227.26(f), Stats.”
Christopher Kieninger v. Crown Equip. Corp., 924 N.W.2d 172 (Wis. 2019). · cites it 2× “5 The amended complaint alleges two counts against Crown: (1) violation of Wisconsin wage payment laws under Wis. Stat. §§ 104.02 , 109.03 and Wis. Admin Code § DWD 272.”
O'Brien v. Travelers Inn, LLC, 927 N.W.2d 933 (Wis. Ct. App. 2019). · cites it 3× “§ 104.02. "Any employer paying, offering to pay, or agreeing to pay any employee a wage lower or less in value than the applicable minimum wage .”
Ehleiter v. Goodwheel LLC (E.D. Wis. 2025). · cites it 4× “See Wis. Stat. § 104.02 (“Minimum wage: requirement to pay.”
Christopher Kieninger v. Crown Equip. Corp. (Wis. 2019). · cites it 2× “5 The amended complaint alleges two counts against Crown: (1) violation of Wisconsin wage payment laws under Wis. Stat. §§ 104.02 , 109.03 and Wis. Admin Code § DWD 272.”
Triblett v. Arora (E.D. Wis. 2024). · cites it 2× “2022) (citing Wis. Stat. § 104.02 and Twombly, 550 U.S.”
Yang v. Arora Hosp. LLC (E.D. Wis. 2024). · cites it 2× “2022) (citing Wis. Stat. § 104.02 and Twombly, 550 U.S.”
Wendt v. Trifecta Solutions LLC (E.D. Wis. 2024). · cites it 2× “2022) (citing Wis. Stat. § 104.02 and Twombly, 550 U.S.”
Bastardo v. Warren, 332 F. Supp. 501 (W.D. Wis. 1971). · cites it 2× “Plaintiffs, adult male laborers, contend that the equal protection clause of the Fourteenth Amendment to the United States Constitution is violated by Section 104.02, Wisconsin Statutes, which provides: “Every wage paid or agreed to be paid by an employer to any woman or minor…”
Baier v. Layin Low Transp. LLC (E.D. Wis. 2025). “§ 104.02), but Plaintiff has never asserted liability under that statute and seems to abandon it by omitting reference to the WWPCL minimum wage claim in his motion for default by the employee” no later than within 31 days from the employee earns them.”
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