Wis. Stat. » CHAPTER 893 — LIMITATIONS OF COMMENCEMENT OF ACTIONS AND PROCEEDINGS; PROCEDURE FOR CLAIMS AGAINST GOVERNMENTAL UNITS
Wisconsin Statutes

Wis. Stat. § 893.44 (2026)

Compensation for personal service

✓ current as of July 2026
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893.44893.44 Compensation for personal service.
893.44(1)(1) Any action to recover unpaid salary, wages or other compensation for personal services, except actions to recover fees for professional services and except as provided in sub. (2), shall be commenced within 2 years after the cause of action accrues or be barred.
893.44(2)(2) An action to recover wages under s. 109.09 shall be commenced within 2 years after the claim is filed with the department of workforce development or be barred.
893.44 HistoryHistory: 1979 c. 323; 1985 a. 220; 1995 a. 27 s. 9130 (4); 1997 a. 3.
893.44 NoteJudicial Council Committee’s Note, 1979: This section is previous s. 893.21 (5) renumbered for more logical placement in restructured ch. 893. Actions to collect fees for professional services are brought under s. 893.43. [Bill 326-A]
893.44 AnnotationA stock-purchase plan as a reward for increased profits is not subject to s. 893.21 (5) [now this section]. Younger v. Rosenow Paper & Supply Co., 51 Wis. 2d 619, 188 N.W.2d 507 (1971).
893.44 AnnotationProfessional services by a physician or attorney, although not customarily performed in the profession, may be classified as professional if requested by reason of the professional’s expertise and training, if the professional then utilizes that knowledge and training. If the services are so classified depends upon the facts of the particular employment. Lorenz v. Dreske, 62 Wis. 2d 273, 214 N.W.2d 753 (1974).
893.44 AnnotationSection 893.21 (5) [now this section] does not apply unless services are actually rendered. Yanta v. Montgomery Ward & Co., 66 Wis. 2d 53, 224 N.W.2d 389 (1974).
893.44 AnnotationIf the object of a disputed contract is the end product or fruit of human labor rather than the labor per se, s. 893.19 (3) [now s. 893.43] applies rather than s. 893.21 (5) [now this section]. Rupp v. O’Connor, 81 Wis. 2d 436, 261 N.W.2d 815 (1978).
893.44 AnnotationAn unjust enrichment claim accrues when a cohabitational relationship terminates. The court does not determine which statute of limitations, if any, applies. Watts v. Watts, 152 Wis. 2d 370, 448 N.W.2d 292 (Ct. App. 1989).
893.44 AnnotationThis section applies only to actions for wages already earned. Lovett v. Mt. Senario College, Inc., 154 Wis. 2d 831, 454 N.W.2d 356 (Ct. App. 1990).
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893.44 AnnotationThis section does not apply to actions for the recovery of sales commissions. Erdman v. Jovoco, Inc., 181 Wis. 2d 736, 512 N.W.2d 487 (1994).
893.44 AnnotationThe distinguishing feature of personal services under this section is whether the human labor itself is sought and is the object of the compensation or whether the end-product of the service is purchased. Paulson v. Shapiro, 490 F.2d 1 (1973).
Notes of Decisions
Cited in 16 cases (3 in the last 5 years), 1983–2025 · leading case: Erdman v. Jovoco, Inc., 496 N.W.2d 183 (Wis. Ct. App. 1992).
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Erdman v. Jovoco, Inc., 496 N.W.2d 183 (Wis. Ct. App. 1992). · cites it 12× “Our supreme court has consistently followed this narrow construction of sec. 893.44, Stats., since 1956. See, e.g.”
Pfister v. Milwaukee Econ. Dev. Corp., 576 N.W.2d 554 (Wis. Ct. App. 1998). · cites it 4× “" The language of the petition to which First Bank refers simply says that Pfister also "intends to bring an action to enforce this lien within the time period prescribed in Wis. Stat. § 893.44 for his underlying wage claim.”
Erdman v. Jovoco, Inc., 512 N.W.2d 487 (Wis. 1994). · cites it 3× “First, the defendants argue that sec. 893.44, Stats. 1991-92, 16 the two-year statute of limitations for actions to recover "unpaid salary, wages or other compensation for personal services" is applicable to the plaintiffs actions.”
Watts (Bischoff) v. Watts, 448 N.W.2d 292 (Wis. Ct. App. 1989). · cites it 3× “Watts' second point in connection with the unjust-enrichment award is that all but the last two years of Bischoff s claim is barred by the statute of limitations applicable to personal-service compensation, sec.”
Lovett v. Mt. Senario Coll., Inc., 454 N.W.2d 256 (Wis. Ct. App. 1990). · cites it 3× “1 Section 893.44, Stats., provides in part: Compensation for personal service.”
Landwehr v. Citizens Trust Co., 329 N.W.2d 411 (Wis. 1983). “Defendant contends that the two-year statute of limitations for compensation for personal services, sec. 893.44, Stats., would apply. Under this rationale, the filing of the plaintiff’s complaint would still be untimely.”
Beaudette v. Eau Claire Cnty. Sheriff's Dept., 2003 WI App 153 (Wis. Ct. App. 2003). · cites it 2× “§ 893.44(1) two-year statute of limitations of had not begun to run until October 10, when the union representative informed the employees their grievance had been denied.”
Gerczak v. Est. of Gerczak, 2005 WI App 168 (Wis. Ct. App. 2005). · cites it 2× “, appeals a judgment and order that his contested claim against his father's estate for the value of uncashed payroll checks dating from 1990, 2000, and part of 2001 is barred by Wis. Stat. § 893.44 (1), the statute of limitations for actions on unpaid wages.”
Wisconsin Dep't of Indus., Labor & Human Relations v. Ludwig (In Re Napco Graphic Arts, Inc.), 83 B.R. 558 (E.D. Wis. 1988). · cites it 2× “At oral argument on this appeal, DILHR argued that Wis.Stat. § 893.44 provides a two-year statute of limitations for an action for the collection of wages and salaries.”
Strong v. C.I.R., Inc., 516 N.W.2d 719 (Wis. 1994). · cites it 2× “Section 893.44 establishes a general period of limitations for actions for compensation for personal services within two years.”
Peltz v. Wisconsin Dep't of Workforce Dev. (In Re AR Accessories Grp., Inc.), 267 B.R. 583 (Bankr. E.D. Wis. 2001). · cites it 2× “§ 893.44. In 1995, Wis. Stats. § 109.09(2) was revised to give the state-created environmental lien a priority over the wage earners’ lien (“1995 Act”).”
Donald Pecinovsky v. Kimberly Tuescher (Wis. Ct. App. 2025). · cites it 16× “§ 893.44 (2023-24).1 Pecinovsky argues that the court erroneously granted the motion because the contract was not for personal services and is therefore governed by the six-year statute of limitations for contract actions set forth in WIS.”
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— Wis. Stat. § 893.44(1) — 5 cases
Watts (Bischoff) v. Watts, 448 N.W.2d 292 (Wis. Ct. App. 1989). “Watts' second point in connection with the unjust-enrichment award is that all but the last two years of Bischoff s claim is barred by the statute of limitations applicable to personal-service compensation, sec.”
Beaudette v. Eau Claire Cnty. Sheriff's Dept., 2003 WI App 153 (Wis. Ct. App. 2003). “§ 893.44(1) two-year statute of limitations of had not begun to run until October 10, when the union representative informed the employees their grievance had been denied.”
Lovett v. Mt. Senario Coll., Inc., 454 N.W.2d 256 (Wis. Ct. App. 1990). “1 Section 893.44, Stats., provides in part: Compensation for personal service.”
Beaudette v. Eau Claire Cnty. Sheriff's Dep't, 2003 WI App 153 (Wis. Ct. App. 2003).
Donald Pecinovsky v. Kimberly Tuescher (Wis. Ct. App. 2025). “§ 893.44 (2023-24).1 Pecinovsky argues that the court erroneously granted the motion because the contract was not for personal services and is therefore governed by the six-year statute of limitations for contract actions set forth in WIS.”
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