Wisconsin Statutes

Wis. Stat. § 109.01 (2026)

Definitions

✓ current as of July 2026

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109.01109.01 Definitions. As used in this chapter:

109.01(1)(1) “Department” means the department of workforce development.

109.01(1r)(1r) “Employee” means any person employed by an employer, except that “employee” does not include an officer or director of a corporation, a member or manager of a limited liability company, a partner of a partnership or a joint venture, the owner of a sole proprietorship, an independent contractor or person otherwise excluded under s. 452.38, or a person employed in a managerial, executive, or commissioned sales capacity or in a capacity in which the person is privy to confidential matters involving the employer-employee relationship.

109.01(2)(2) Except as provided in ss. 109.07 (1) (d) and 109.075 (1) (c), “employer” means any person engaged in any activity, enterprise or business employing one or more persons within the state, including the state and its political subdivisions and charitable, nonprofit or tax-exempt organizations and institutions.

109.01(3)(3) “Wage” or “wages” mean remuneration payable to an employee for personal services, including salaries, commissions, holiday and vacation pay, overtime pay, severance pay or dismissal pay, supplemental unemployment benefit plan payments when required under a binding collective bargaining agreement, bonuses and any other similar advantages agreed upon between the employer and the employee or provided by the employer to the employees as an established policy.

109.01(4)(4) “Wage deficiency” means the difference between the amount required by law to be paid and the amount actually paid to an employee.

109.01 HistoryHistory: 1975 c. 380, 421; 1989 a. 44; 1995 a. 27 s. 9130 (4); 1997 a. 3, 39, 237; 2003 a. 63; 2015 a. 258.

109.01 Annotation“Wages” does not include salary owed under a fixed term contract to a discharged employee for the period from the discharge to the end of the contract. DILHR v. Coatings, Inc., 126 Wis. 2d 338, 375 N.W.2d 834 (1985).

109.01 AnnotationSub. (3) includes vacation pay, supplemental unemployment benefit plan payments, severance pay or dismissal pay as wages. Sub. (3) does not require that the employee perform actual work during the time period for which he is making a wage claim. Such a requirement would foreclose any employees’ wage claims for vacation pay, supplemental unemployment benefit plan payments, severance pay, or dismissal pay because in each case the employee is not performing actual work during the time period of the claim. Sliwinski v. City of Milwaukee, 2009 WI App 162, 321 Wis. 2d 774, 777 N.W.2d 88, 08-2141.

Notes of Decisions

Cited in 50 cases (13 in the last 5 years), 1982–2026 · leading case: German v. Wisconsin Dep't of Transp., 2000 WI 62 (Wis. 2000).

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German v. Wisconsin Dep't of Transp., 2000 WI 62 (Wis. 2000). · cites it 22× “Their suit to compel payment of wages due was filed pursuant to Wis. Stat. §§ 109.01 and 109.03, the Wage Payments, Claims and Collections Law (wage claim law).”

Hubbard v. Messer, 2003 WI 145 (Wis. 2003). · cites it 6× “Under Wis. Stat. § 109.01 (4), a "wage deficiency" is defined as "the difference between the amount required by law to be paid and the amount actually paid to an employee.”

German v. Wisconsin Dep't of Transp., 589 N.W.2d 651 (Wis. Ct. App. 1998). · cites it 14× “" The definition of employer in § 109.01(2), Stats., 4 includes "the state and its political subdivisions.”

Sliwinski v. City of Milwaukee, 2009 WI App 162 (Wis. Ct. App. 2009). · cites it 28× “109 did not apply to payments owed to Sliwinski for his discharge period, finding that the "personal services" language in Wis. Stat. § 109.01 (3) requires that the employee perform actual work during the time period for which he is making a wage claim.”

Jacobson v. Am. Tool Cos., Inc., 588 N.W.2d 67 (Wis. Ct. App. 1998). · cites it 4× “Finally, the court concluded that the stock appreciation rights fell within the definition of "wages" in § 109.01(3), Stats., 1 but refused to hold that American's failure to redeem those rights constituted a violation of ch.”

Pfister v. Milwaukee Econ. Dev. Corp., 576 N.W.2d 554 (Wis. Ct. App. 1998). · cites it 7× “Commission Payments [9] First Bank, but not MEDC, additionally argues that even if the amended statutes are to be retroactively *265 applied to Pfister's lien, we still must affirm the trial court's denial of Pfister's claim because "performance-based commission payments" are…”

Champine v. Milwaukee Cnty., 2005 WI App 75 (Wis. Ct. App. 2005). · cites it 4× “Wis. Stat. § 109.01 (3). ¶ 28. Because there do not appear to be any reported cases in Wisconsin dealing with application of this statute to relatively similar facts, the Class cites State Bar of Wisconsin, Wisconsin Employment Law § 11.”

Cent. Nat'l Bank of Wausau v. Dustin, 321 N.W.2d 321 (Wis. Ct. App. 1982). · cites it 4× “Section 109.01(3), Stats., provides in part: “‘wage’ or ‘wages’ mean remuneration payable to an employe for personal services, including .”

Massachusetts v. Morash, 490 U.S. 107 (1989). “5155 to 5159 (Vernon 1987); Utah Code Ann. §§34-28-2 to 34-28-14 (1988); Vt.”

Erdman v. Jovoco, Inc., 496 N.W.2d 183 (Wis. Ct. App. 1992). · cites it 8× “01(3) contained a definition of "wages" that included commissions. Had the legislature intended a narrower definition of the term "wages" for purposes of applying sec.”

Milwaukee Police Ass'n, Local 21 v. Hegerty, 2005 WI 28 (Wis. 2005). · cites it 5× “Under Wis. Stat. § 109.01 (lr), the term "wages" does not refer only to base salary or wage.”

State, Dep't of Indus., Labor & Human Relations v. Coatings, Inc., 376 N.W.2d 834 (Wis. 1985). · cites it 4× “Section 109.01 (3) defines “wages” as follows: “ ‘Wage’ or ‘wages’ mean remuneration payable to an employe for personal services, including salaries, commissions, holiday and vacation pay, overtime pay, severance pay or dismissal pay, supplemental unemployment compensation…”

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— Wis. Stat. § 109.01(1r) — 2 cases

John P. Halusan v. The Scan Grp., Inc. (Wis. Ct. App. 2025).

Baier v. Layin Low Transp. LLC (E.D. Wis. 2025).

— Wis. Stat. § 109.01(2) — 3 cases

German v. Wisconsin Dep't of Transp., 589 N.W.2d 651 (Wis. Ct. App. 1998). “" The definition of employer in § 109.01(2), Stats., 4 includes "the state and its political subdivisions.”

German v. Wisconsin Dep't of Transp., 2000 WI 62 (Wis. 2000). “Their suit to compel payment of wages due was filed pursuant to Wis. Stat. §§ 109.01 and 109.03, the Wage Payments, Claims and Collections Law (wage claim law).”

Baier v. Layin Low Transp. LLC (E.D. Wis. 2025).

— Wis. Stat. § 109.01(3) — 20 cases

Jacobson v. Am. Tool Cos., Inc., 588 N.W.2d 67 (Wis. Ct. App. 1998). “Finally, the court concluded that the stock appreciation rights fell within the definition of "wages" in § 109.01(3), Stats., 1 but refused to hold that American's failure to redeem those rights constituted a violation of ch.”

Pfister v. Milwaukee Econ. Dev. Corp., 576 N.W.2d 554 (Wis. Ct. App. 1998). “Commission Payments [9] First Bank, but not MEDC, additionally argues that even if the amended statutes are to be retroactively *265 applied to Pfister's lien, we still must affirm the trial court's denial of Pfister's claim because "performance-based commission payments" are…”

Cent. Nat'l Bank of Wausau v. Dustin, 321 N.W.2d 321 (Wis. Ct. App. 1982). “Section 109.01(3), Stats., provides in part: “‘wage’ or ‘wages’ mean remuneration payable to an employe for personal services, including .”

Sliwinski v. City of Milwaukee, 2009 WI App 162 (Wis. Ct. App. 2009). “109 did not apply to payments owed to Sliwinski for his discharge period, finding that the "personal services" language in Wis. Stat. § 109.01 (3) requires that the employee perform actual work during the time period for which he is making a wage claim.”

— Wis. Stat. § 109.01(4) — 2 cases

Hubbard v. Messer, 2003 WI 145 (Wis. 2003). “Under Wis. Stat. § 109.01 (4), a "wage deficiency" is defined as "the difference between the amount required by law to be paid and the amount actually paid to an employee.”

State, Dep't of Indus., Labor & Human Relations v. Coatings, Inc., 367 N.W.2d 812 (Wis. Ct. App. 1985).

— Wis. Stat. § 109.01(lr) — 1 case

Milwaukee Police Ass'n, Local 21 v. Hegerty, 2005 WI 28 (Wis. 2005). “Under Wis. Stat. § 109.01 (lr), the term "wages" does not refer only to base salary or wage.”

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