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WRA has tailored state laws and federal regulations in an easy-to-understand format for foodservice operators, all in one place. Documents are also conveniently available in Members Only or the HERO Manual.
 
Restaurant Laws and Regulations
Alcohol • Breakage & Errors • Employee Breaks • Fed. vs. State • FMLA • Harassment • Interviewing • Minimum Wage • OSHA • Overtime • Posters • Smoking • Teens • Tips & Taxes • Unemployment Comp • Uniforms • Worker’s Comp • Wisconsin Food Code
Alcohol Policy
Wisconsin’s alcohol laws, policies to address underage drinking and operational policies for servers and management.
- Wisconsin’s legal drinking age is 21.
- You must demand proof of age from anyone entering the premises that appears to be under the legal drinking age.
- An underage person may legally drink alcohol if… read more
FAQs: Role of non-licensed employees – Rules for teenagers with or without guardians – Regulations for non-alcoholic beers – Legal liability for drunk driving accidents
Breakage and Errors
Allowed deductions for employee breakage and guest check errors.
- The rules are different for restaurants subject to both Wisconsin and federal law versus restaurants subject to Wisconsin law only.
- Allowable deductions are different for tipped vs. non-tipped employees.
- Because there is some gray area in Department of Labor (DOL) interpretations of the rules, it’s possible that employers may… read more
FAQs: Signing blanket agreements – Paycheck deductions vs. cash payment – Employee termination for breakage
Employee Breaks
Laws on shift breaks.
- There are no federal regulations concerning employee breaks. State laws apply in Wisconsin.
- Under state law, any break of less than 30 minutes (for adults or minors) must be… read more
FAQs: Laws for breaks for minors vs. adults - Documentation and break tracking - Keeping employees on-call during breaks - Rules for cigarette breaks
Family and Medical Leave
Unpaid leave for employees under FMLA .
- Businesses and employees may be covered by Wisconsin law only, federal law only or both laws.
- Whenever a criterion is met for both laws, employers must follow the law most beneficial to the employee.
- FMLA is complex. Laws restaurant operators must follow varies based on number of employees and other factors. Read more
Federal vs. State
Which laws apply, state or federal?
- All Wisconsin restaurants must comply with Wisconsin state labor laws.
- Restaurants meeting certain criteria must obey federal laws in addition to state laws.
- If the two laws differ, you must follow the stricter (or most beneficial to the employee) of the two laws.
- Read more – FREE access
Harassment
Harassment policies for employers and employees.
- It is illegal under Wisconsin law for an employee to be harassed based on: race, color, creed, ancestry, national origin, age (40 and over), disability, sex, arrest or conviction record, marital status, sexual orientation, membership in the military reserve or use or nonuse of lawful products away from work.
- Sexual harassment is illegal under both Wisconsin and federal law and the civil liability for an employer in harassment cases can be tremendous. Read more
FAQs: Comments and harassment from customers - Hostile environment lawsuits - Harassment toward younger and teen employees
Interview Questions
Questions to ask and avoid for interviews.
- There are very few questions that are illegal, in themselves, to ask a prospective employee during a job interview.
- Employers could face trouble, though, if those interview questions could support a potential discrimination lawsuit.
- Any question an employer asks should directly relate to a prospective employee’s ability to do the job. Read more
FAQs: Legal wording of questions - Pregnancy and recently hired pregnant employees - Alcoholism and drinking problems - Absenteeism due to childcare - Appropriate job application forms
Minimum Wage
Federal and state general minimum wage rate for tipped and non-tipped employees.
- Non-tipped employees
- General minimum wage: $7.25/hour
- Opportunity minimum wage**: $5.90/hour
- Tipped employees
- $2.33/hour (base wages) + $4.92/hour (tip credit) = $7.25/hour for employees age 20 or older and others after 90 days of opportunity wage has passed.
- Read more – FREE access
** The opportunity wage applies to employees under the age of 20 during their first 90 consecutive calendar days on the job.
OSHA Compliance
Safety and health inspection preparations.
- Covers:
- Laws on recordkeeping for eating and drinking places
- Hazard communication standards (MSDSs)
- Emergency action plan requirements for staff
- Complying with the bloodborne pathogen standard
- First aid kit requirements
- Additional requirements
- Preparing for OSHA inspections.
- Post-inspection penalties.
- Read more
Overtime
Wage and overtime guidelines for foodservice jobs.
- Employees must be paid one and one-half times their regular hourly wage for all hours over 40 worked in a designated work week.
- Any agreement to waive overtime is not legally valid.
- Overtime calculations are different for non-exempt, salaried employees versus tipped employees.
- Calculations become increasingly complex for employees with multiple jobs… read more
FAQs: Managerial roles versus supporting role overtime – Separate restaurants, same enterprise – Overtime policies and allowable exclusions – Holidays and time off – Daily hours versus weekly hours
Posting Requirements
Employers are required, by state and federal law, to display certain posters prominently.
- Posters and who’s required to post according to Wisconsin law.
- Posters and who’s required to post according to federal law.
- Contact information for appropriate issuing agencies.
- WRA offers members one free set of laminated federal and state labor law posters. Additional sets are available for purchase by members or non-members.
- Read more
Smoking
Current Wisconsin smoking laws.
- The statewide smoking ban went into effect on July 5, 2010.
- The law bans smoking in all indoor workplaces, enclosed public places, restaurants and taverns.
- A clause in the law requires local governments to allow outdoor smoking areas.
- Outdoor smoking structures can have… read more – FREE access
Teen Labor
Rules for employees under age 18.
- Anyone under 18 must have a work permit for your place of employment to legally work there.
- Minimum age to work in a restaurant is 14. The only exception is for 12- and 13-year-olds working in their parents’ solely owned business. In this case, the Wisconsin rules for a 14-year-old apply.
- Laws vary for restaurants subject to state and federal law versus those subject to only Wisconsin law.
- Read more – FREE access
FAQs: Cooking duties for teens – Teen on-the-job driving – Scheduling rules and hour restrictions – School-to-work programs – Work permits
Tips and Taxes
Tips, reporting and payroll deductions.
- Wisconsin law defines a tipped employee as any employee in an occupation in which he or she customarily and regularly receives tips from patrons or others.
- Federal law defines a tipped employee, for minimum wage purposes, as any employee engaged in an occupation in which he or she customarily and regularly receives more than $30 per month in tips. ($20 per month for IRS tip reporting purposes.)
- A tip credit, or “tips deemed to be wages,” is the amount of reported tips that the employer may use to offset the minimum wage.
Wisconsin law requires an employer taking a tip credit to… read more
FAQs: Information on IRS forms 8027 and 8846 – Tip declaration, underreporting and substantial evidence – Tip pooling – Service charges – Payroll taxes and deductions – IRS tip reporting for employer and employees
Unemployment Compensation
Taxes, claims, contesting a claim and hearings.
- Nearly all Wisconsin employers pay unemployment compensation taxes.
- The first $10,500 in wages paid to each employee per year is taxable for U.C. purposes.
- Total taxable payroll is multiplied by your U.C tax rate to determine what you must pay.
- Read more
FAQs: U.C. benefit calculations – Contesting a claim and preventing employees from collecting benefits – Preparing for a U.C. hearing – Rules for collecting after probation and orientation periods
Uniform Deductions
Employee apparel and payroll deductions.
- Generally, the more specific an employer’s requirements are for employees’ apparel, the more likely that clothing will be considered a uniform.
- Laws are different for tipped and non-tipped employees in both restaurants subject to only Wisconsin law and restaurants subject to Wisconsin and federal law.
- Read more
FAQs: Deductions from employee paychecks – Uniform cleaning and laundry costs
Worker’s Comp
Injury reports, claims and restricted duty.
- Wisconsin law requires almost all employers to have worker’s compensation insurance.
- There are important guidelines to follow when an accident occurs at your workplace.
- Read more
FAQs: Work-related injuries – Reporting a claim to your insurance carrier – Penalties for failure to pay claims – Restricted duty programs
Wisconsin Food Code
Food code guidelines at the state and national level. (FREE access)
Food Safety Fact Sheets (DATCP)
Wisconsin Food Code Forms and Publications (DHS)
Food Code – Admininstrative Code and Licensing (DHS) and Detailed Report (DHS)
Bare Hand Contact – Contact Plan (PDF) and FAQs (PDF)
Sick Employee Policy
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