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Foodservice Laws & Regulations
Stay current on state and federal laws as they pertain to the Food Code, employment regulations and more. Simple-to-understand laws and regulations are interpreted for Wisconsin foodservice and restaurant operators in WRA’s HERO Manual which includes
FAQs on the laws in easy-to-understand language. Below are some important topics, several of which are covered in the HERO.
- Food Safety Fact Sheets (DATCP)
- Wisconsin ACTP75 Administrative Rule
- Wisconsin Food Code
- Sick Employee Poster (PDF) English | Spanish
- Foodborne Illness Response Guidelines
- Teen Labor (PDF) English | Spanish
- Minimum Wage (PDF)
- State vs. Federal (PDF)
- Tips & Taxes (PDF)

Guide to laws and regulations for restaurant owners
STATE VS FEDERAL LAW
All Wisconsin restaurants must comply with Wisconsin state labor laws. Restaurants meeting certain criteria are covered by the Federal Labor Standards Act (FLSA) and must obey federal laws in addition to state laws. If the two laws differ, you must follow the stricter of the two laws -- in other words, the law most beneficial to the employee. The WRA HERO manual will outline both state and federal law where applicable.
You must obey state and federal laws if:
- Your business has an annual gross revenue of $500,000 or more.
- You do not meet the revenue criteria but you have employees who are engaged in “interstate commerce.” Example: servers who handle credit cards are engaged in interstate commerce because credit card transactions cross state lines. In this case, you would apply federal and state law to those employees handling the credit cards and only the state law to the rest of your employees. Note: You must count the revenue of your entire business “enterprise” in the calculation. If you own other retail businesses, even if they are separate corporations, the sales must be added together.
If you do not meet the above criteria, you only need to follow state law.

MINIMUM WAGE FOR NON-TIPPED EMPLOYEES
Currently the federal and state general minimum wage rates are the same.
- General minimum wage $7.25/hour
- Opportunity minimum wage $5.90*/hour (14 - 19 year olds during the first 90 calendar days on the job).
*The federal opportunity wage rate is $4.25. Wisconsin’s opportunity wage rate of $5.90 is higher and therefore more favorable for the employee and is the rate that should be used.
An opportunity employee is an employee who is not yet 20 years old and who has been with an employer for 90 or fewer consecutive calendar days from the date of initial employment. After the first 90 consecutive calendar days on the job, all employees regardless of age must be paid the full minimum wage of $7.25.

MINIMUM WAGE FOR TIPPED EMPLOYEES
- For employees age 20 or older and employees age 14 – 19 after 90 days of opportunity wage has passed:
$2.33/hour (base wages for general minimum wage) +$4.92/hour (tip credit) = $7.25/hour - For new hires under age 20 (14 – 19 year olds during the first 90 calendar days on the job with opportunity wage)
$2.13/hour (base wages for opportunity wage) +$3.77/hour (tip credit) = $5.90/hour
Note: The federal cash (or base) wage for tipped employees is $2.13. Wisconsin’s rate of $2.33 is higher and therefore more favorable for the employee and is the rate that should be used.
Frequently Asked Questions
I do not meet the revenue requirements for federal labor standards but I do accept credit cards. Which rules do I follow and when?
I’m not certain about whether or not my business is subject to FLSA. Where can I get more help?
I am hiring an 18-year-old who is still in high school. What hours can he work?
I am hiring a 17-year-old who has already graduated from high school. What are her hour restrictions?
My 16-year-old dishwasher is attending technical college to get his general equivalency diploma. How does this affect the hours he can work?
Related Links

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