WAGE AND HOUR DEMAND LETTER
State of Wisconsin
Wisconsin Wage Payment and Collection Act and FLSA Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Wisconsin ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[State Bar of Wisconsin Number]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Copy to:
[Company General Counsel, if known]
[Registered Agent, if different]
Re: Wage and Hour Violations - [Client Full Name]
[and All Similarly Situated Employees - if collective/class action contemplated]
Demand for Unpaid Wages Under Wisconsin Law and FLSA
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO WIS. STAT. SECTION 904.08
Dear [Mr./Ms./Mx. Last Name]:
This firm has been retained by [Client Full Name] ("our client") to pursue claims for unpaid wages against [Company Legal Name] ("[Company Short Name]" or "the Company") arising from violations of the Wisconsin Wage Payment and Collection Act, Wis. Stat. Section 109.01 et seq., Wisconsin Minimum Wage Law, Wis. Stat. Section 104.01 et seq., and the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201 et seq.
Please direct all further communications regarding this matter to our office.
I. WISCONSIN-SPECIFIC LEGAL FRAMEWORK
A. Applicable Wage and Hour Law
Wisconsin has comprehensive state wage and hour laws that provide protections alongside the federal FLSA. Wisconsin has a notably long 6-year statute of limitations for wage claims and provides for increased damages.
Key Legal Framework:
| Category | Wisconsin Requirement | Citation |
|---|---|---|
| Minimum Wage | $7.25/hour (follows federal) | Wis. Stat. Section 104.01 |
| Tipped Minimum | $2.33/hour | Wis. Admin. Code DWD 272.03 |
| Overtime | 1.5x regular rate after 40 hours/week | Wis. Stat. Section 103.025 |
| Pay Frequency | At least monthly | Wis. Stat. Section 109.03(1) |
| Increased Wages | Up to 100% for violations | Wis. Stat. Section 109.11(2) |
B. Statute of Limitations
| Claim Type | Limitations Period | Citation |
|---|---|---|
| Wisconsin wage claims | 6 years | Wis. Stat. Section 893.43 |
| FLSA (standard) | 2 years | 29 U.S.C. Section 255(a) |
| FLSA (willful) | 3 years | 29 U.S.C. Section 255(a) |
C. Wisconsin Wage Payment Requirements
Payment Timing Requirements (Wis. Stat. Section 109.03):
| Situation | Requirement | Citation |
|---|---|---|
| Regular wages | At least monthly | Wis. Stat. Section 109.03(1) |
| Involuntary termination | Within 31 days, or next regular payday if sooner | Wis. Stat. Section 109.03(1) |
| Voluntary resignation | Next regular payday | Wis. Stat. Section 109.03(1) |
| Commissions | Per written agreement | Wis. Stat. Section 109.03(1m) |
Payroll Deductions (Wis. Stat. Section 103.455):
- Written authorization required
- Deductions for cash shortages prohibited in most cases
- Cannot reduce wages below minimum wage
D. Enforcement Mechanisms
Administrative:
- Wisconsin Department of Workforce Development (DWD)
- Equal Rights Division
- File complaint at dwd.wisconsin.gov
Private Right of Action (Wis. Stat. Section 109.03(5)):
- Direct lawsuit in state or federal court
- Unpaid wages plus increased wages up to 100%
- Reasonable attorney's fees and costs
- 6-year statute of limitations
E. Wisconsin Tip Credit Rules
| Requirement | Standard | Citation |
|---|---|---|
| Cash wage minimum | $2.33/hour | Wis. Admin. Code DWD 272.03 |
| Tip credit maximum | $4.92/hour | Wis. Admin. Code DWD 272.03 |
| Total must equal | $7.25/hour minimum | Wis. Stat. Section 104.01 |
| Notice required | Yes | Federal and state requirements |
| Tip pooling | Valid for customarily tipped employees | Federal rules apply |
II. INTRODUCTION AND SUMMARY OF CLAIMS
Our client was employed by [Company Short Name] as a [Job Title] from [Start Date] to [End Date / Present], working at [Work Location(s)] in Wisconsin. During this employment, [Company Short Name] violated Wisconsin wage laws by:
[ ] Failing to pay the minimum wage of $7.25 per hour
[ ] Failing to pay overtime compensation at 1.5 times the regular rate for hours worked over 40 per week
[ ] Misclassifying our client as exempt from overtime when [he/she/they] should have been classified as non-exempt
[ ] Misclassifying our client as an independent contractor when [he/she/they] was an employee entitled to wage protections
[ ] Failing to pay wages at least monthly as required by Wisconsin law
[ ] Failing to pay final wages within the required timeframe
[ ] Failing to pay for all hours worked, including:
[ ] Off-the-clock work before/after shifts
[ ] Uncompensated meal periods during which work was performed
[ ] Time spent on required pre-shift or post-shift activities
[ ] Travel time that should have been compensated
[ ] Training time
[ ] Making unlawful deductions from wages
[ ] Unlawful tip pooling or tip credit violations
[ ] Failure to pay commissions as agreed
III. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Job Title(s) | [Title(s)] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location(s) | [Address(es) in Wisconsin] |
| Primary Duties | [Describe job duties] |
| Rate of Pay | $[Amount] per [hour/week/year] |
| Classification | [Exempt / Non-Exempt / Independent Contractor] |
| Pay Frequency | [Weekly / Bi-weekly / Monthly] |
| Supervisor(s) | [Name(s) and Title(s)] |
B. Hours Worked
Our client regularly worked the following schedule:
Typical Weekly Schedule:
| Day | Scheduled Hours | Actual Hours Worked | Unpaid Time |
|---|---|---|---|
| Monday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Tuesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Wednesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Thursday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Friday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Saturday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Sunday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Weekly Total | [X hours] | [X hours] | [X hours] |
Average overtime hours per week not compensated at 1.5x rate: [X hours]
C. Specific Wage Violations
[Detail specific violations as applicable - off-the-clock work, misclassification, tip violations, etc.]
IV. LEGAL ANALYSIS
A. Wisconsin Wage Payment and Collection Act Violations
1. Wage Payment Requirements (Wis. Stat. Section 109.03)
Wisconsin requires employers to pay wages at least monthly on regular paydays. [Describe any violation.]
2. Final Wage Payment
Upon termination, wages must be paid within 31 days or by the next regular payday, whichever is sooner. [Describe violation.]
3. Increased Wages (Wis. Stat. Section 109.11(2))
When wages are not paid as required, employees may recover increased wages of up to 100% of the amount owed.
B. Wisconsin Minimum Wage Violations (Wis. Stat. Section 104.01)
Wisconsin requires employers to pay at least $7.25 per hour. By [describe violation], [Company Short Name] failed to pay our client the minimum wage.
C. Wisconsin Overtime Violations (Wis. Stat. Section 103.025)
Wisconsin requires overtime at 1.5 times the regular rate for hours worked over 40 in a workweek. Wisconsin's overtime provisions parallel federal FLSA requirements.
D. FLSA Violations
1. Enterprise Coverage
[Company Short Name] is subject to the FLSA because it is an enterprise engaged in commerce with annual gross sales of at least $500,000. 29 U.S.C. Section 203(s)(1)(A).
2. Overtime Requirements (29 U.S.C. Section 207)
The FLSA requires employers to pay non-exempt employees overtime at a rate of 1.5 times the regular rate for all hours worked over 40 in a workweek.
V. DAMAGES CALCULATION
A. Wisconsin and FLSA Damages
Relevant Period: [Start Date - 6 years prior to anticipated filing] to [End Date / Present]
Total Weeks in Period: [X weeks]
1. Unpaid Overtime
| Period | Avg. OT Hours/Week | Regular Rate | OT Rate (1.5x) | Unpaid OT/Week | Weeks | Total |
|---|---|---|---|---|---|---|
| [Period 1] | [X] | $[X.XX] | $[X.XX] | $[X.XX] | [X] | $[Amount] |
| Unpaid Overtime Subtotal | $[Amount] |
2. Unpaid Minimum Wage
| Period | Hours Below MW | Shortfall/Hour | Weeks | Total |
|---|---|---|---|---|
| [Period] | [X] | $[X.XX] | [X] | $[Amount] |
| Minimum Wage Subtotal | $[Amount] |
B. Summary of Damages
| Category | Amount |
|---|---|
| Unpaid Wages | $[Amount] |
| Wisconsin Increased Wages (up to 100%) | $[Amount] |
| OR FLSA Liquidated Damages (Equal Amount) | $[Amount] |
| Pre-Judgment Interest | $[Amount] |
| Attorney's Fees (estimated) | $[Amount] |
| Costs (estimated) | $[Amount] |
| TOTAL INDIVIDUAL DAMAGES | $[Amount] |
C. Collective/Class Action Exposure
If this case proceeds as a collective or class action:
| Category | Individual | Estimated Class Size | Total Exposure |
|---|---|---|---|
| Unpaid Wages | $[Amount] | [X employees] | $[Amount] |
| Increased/Liquidated Damages | $[Amount] | [X employees] | $[Amount] |
| Class Exposure | $[Amount] |
VI. SETTLEMENT DEMAND
Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims of [Client Full Name].
This demand includes:
- Unpaid wages
- Increased wages / liquidated damages
- Pre-judgment interest
- Attorney's fees and costs incurred to date
This demand will remain open for twenty-one (21) days from the date of this letter, expiring on [Response Deadline Date].
VII. RESPONSE AND LITIGATION
If we do not receive a satisfactory response by the deadline, we will file suit in:
[ ] Wisconsin Circuit Court, [County] County
[ ] United States District Court for the Eastern District of Wisconsin
[ ] United States District Court for the Western District of Wisconsin
The Complaint will seek:
1. Unpaid wages under Wis. Stat. Section 109.01 et seq. and Section 104.01 et seq.
2. Unpaid overtime under Wis. Stat. Section 103.025 and 29 U.S.C. Section 207
3. Increased wages under Wis. Stat. Section 109.11(2)
4. FLSA liquidated damages under 29 U.S.C. Section 216(b)
5. Attorney's fees and costs
6. Collective/class certification
VIII. DOCUMENT PRESERVATION
LITIGATION HOLD NOTICE
[Company Short Name] must immediately preserve all documents and ESI relevant to these claims, including:
[ ] Time and attendance records
[ ] Payroll records and pay stubs
[ ] Personnel files and job descriptions
[ ] Employee handbooks and policies
[ ] Scheduling records
[ ] Communications regarding pay practices
[ ] Training materials
[ ] Prior DWD investigations
[ ] Tip records (if applicable)
[ ] Commission agreements
Spoliation of evidence will result in severe sanctions.
IX. CONFIDENTIALITY
This letter is a confidential settlement communication protected under Wisconsin Statute Section 904.08 and applicable evidentiary privileges.
We look forward to your prompt response.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[State Bar of Wisconsin No.]
Enclosures:
[ ] Authorization to Represent
[ ] Pay stubs / wage statements (sample)
[ ] Time records (if available)
cc: [Client Name] (via email)
WISCONSIN-SPECIFIC PRACTICE NOTES
[ ] 6-Year Statute of Limitations: Wisconsin has very long 6-year SOL for wage claims - significant back pay potential
[ ] Federal Minimum Wage: Wisconsin follows federal $7.25/hour minimum wage
[ ] State Overtime Law: Wisconsin has state overtime law at Wis. Stat. Section 103.025
[ ] Increased Wages: Wis. Stat. Section 109.11(2) allows recovery of up to 100% increased wages
[ ] Deduction Restrictions: Wis. Stat. Section 103.455 restricts cash shortage deductions
[ ] Department of Workforce Development: DWD handles wage claims
- Website: dwd.wisconsin.gov
- Phone: (608) 266-6860
[ ] One-Day-Rest-in-Seven: Wisconsin requires one day of rest in every 7-day period; Wis. Stat. Section 103.85
[ ] Court Venue:
- Circuit Court: All counties
- Eastern District (Milwaukee): Eastern Wisconsin
- Western District (Madison): Western Wisconsin
[ ] Commission Protections: Special rules for commission payments under Wis. Stat. Section 109.03(1m)
[ ] Agricultural Workers: Special exemptions apply under Wis. Stat. Section 103.025(3)