WISCONSIN - Workers’ Rights

Definition of agricultural worker under state law:

• The term “migrant worker” is defined at WIS. STAT. ANN. § 103.90(5)(a).  

• For purposes of Wisconsin’s Minimum Wage Law, an “agricultural worker” is an employee who is employed in the operation of farm premises as described in section 102.04(3) of the state’s Worker’s Compensation chapter. (See WIS. STAT. ANN. § 102.04(3) and § 104.01)

Wages and Overtime

Minimum Wage

• There is a state minimum wage law. (WIS. STAT. ANN. § 104.02)
• Current minimum wage is the same as the federal minimum wage; $7.25/hr.
• There are different minimum wage rates for different occupations such as tipped employees. § 104.035(1)(b)
• Agricultural workers are covered by the state minimum wage law. (WIS. STAT. ANN. § 104.035(4))

Overtime

• There is a state law regarding overtime. (WIS. STAT. ANN. § 103.025 and WIS. ADMIN. CODE DWD § 274.03)
• Agricultural employees are excluded from the state overtime law.  (WIS. ADMIN. CODE DWD § 274.04(9))

State Enforcement Agency

State of Wisconsin Department of Workforce Development, Equal Rights Division

Website: https://dwd.wisconsin.gov/er/ 

Relevant Forms: https://dwd.wisconsin.gov/dwd/forms/erd/ls_119_e.htm

Occupational Safety and Health

Workers’ Compensation

• Agricultural workers are covered by the state workers’ compensation law, but with limitations/exceptions. Workers’ compensation law only applies to person engaged in farming who employs 6 or more employees, in one or more locations, on any 20 consecutive or nonconsecutive days in a calendar year. (WIS. STAT. ANN. § 102.04(1)(c))

State Enforcement Agency:

State of Wisconsin, Department of Workforce Development

Website: https://dwd.wisconsin.gov/wc/

Field Sanitation

• There is a state law regarding field sanitation. (Wis. Admin. Code DWD § 301.09) It applies when 6 or more migrant workers are engaged in hand labor.

State Enforcement Agency:

Department of Workforce Development

Website: https://dwd.wisconsin.gov/

Pesticide Safety

• There is a state statute regulating pesticide use in agriculture. (WIS. STAT. ANN. § 94.67 – 94.77)
• Additionally, the state has administrative rules regarding agricultural worker protection in pesticide use, which primarily codify the federal requirements under 40 CFR 170. (WIS. ADMIN CODE ATCP § 29.60 – 29.66)
• Suspected pesticide poisoning is reportable condition. (WIS. ADMIN CODE DHS § 145)

State Enforcement Agency:

Department of Agriculture, Trade and Consumer Protection, Bureau of Agrichemical Management

Website: https://datcp.wi.gov/Pages/Programs_Services/ACMOverview.aspx

Right to Join Unions and Collective Bargaining in Agriculture

• There is no provision (or judicial interpretation of a provision) in the state constitution that grants farmworkers the right to join and organize labor unions free from retaliation or to engage in collective bargaining.
• There is a state statute that grants some agricultural workers the right to join and organize labor unions free from retaliation and to engage in collective bargaining with agricultural employers. Wisconsin is a “right to work” state (Wis. Stat. Ann. § 111.0 et seq.), meaning that union membership and dues payments may not be made compulsory. The statute also establishes a right to join and organize labor unions and engage in collective bargaining without retaliation. Wis. Stat. Ann. § 111.04.
• There are specific regulations governing the right of dairy and farm workers to strike. Wis. Stat. Ann. § 111.115(3).

State Legal Services Organizations

Legal Action of Wisconsin 

https://www.legalaction.org/