2. Equal Rights
3. Labor Standards
4. Retaliation

Labor Standards Retaliation

Overview

Wisconsin law prohibits an employer or person from retaliating against an individual for the following reasons:

1. The individual attempts to enforce a right s/he has under state labor standards laws;
2. The employer or person believes the individual has attempted to enforce or may attempt to enforce her/his rights under state labor standards laws; and
3. The individual participates in a labor standards investigation by the department.

Persons who believe they have been victims of unlawful retaliation may file a discrimination complaint with the department.

Does retaliation protection apply in every situation?

No. Retaliation protection under Wis. Stat. § 111.322 (2m) applies to the following laws only:

• Reporting of Suspected Fraudulent Activity in AFDC, sec. 49.197(6)(d), Stats.
• Reporting of Suspected Fraudulent Activity in Wisconsin Works, sec. 49.845(4)(d), Stats.
• the Employee's Right to Know Law, secs. 101.58 to 101.599, Stats.
• the Wisconsin Hours of Labor Act (Overtime), sec. 103.02, Stats.
• the Wisconsin Family and Medical Leave Act, sec 103.10, Stats.
• the Bone Marrow and Organ Donation Leave Act, sec 103.11, Stats.
• the Wisconsin Open Personnel Records Act, sec. 103.13, Stats.
• the Wisconsin Street Trades Act, sec. 103.28, Stats.
• the Wisconsin Street Trades Act, sec. 103.32, Stats. (wage claims provision)
• Traveling Sales Crews, sec. 103.34, Stats.
• the Wisconsin Deduction Recovery Act, sec. 103.455, Stats.
• the Wisconsin Employment of Minors Act, secs. 103.64-103.82, Stats.
• the Wisconsin Wage Payment Act, sec. 109.03, Stats.
• the Wisconsin Plant Closing Act, sec. 109.07, Stats.
• Cessation of Healthcare Benefits, sec. 109.075, Stats.
• the Health Care Worker Protection Act, sec. 146.997, Stats.
• the Internet Privacy Protection Act, sec. 995.55, Stats.

Can I file my complaint anonymously?

No. Employers must be provided a full and fair opportunity to respond to any claims made against them.

My employer has been treating me poorly ever since I filed a Labor Standards complaint. Am I being retaliated against?

It depends. The employer must take an adverse employment action against you. Retaliation is not limited to termination. It includes demotion, reduction in hours or pay, denial of a promotion, reprimands, negative performance reviews, and other adverse employment action.

Contact the Equal Rights Division to learn more about what kind of behavior constitutes an adverse employment action.

How do I file a complaint?

Employees who feel they have been the subject of retaliation can file a Fair Employment Law Complaint (ERD-18359-E) with the division.

For more information

• Contact Info
• Complaint Process
• File a Complaint
• Online
• Paper (to be mailed)
• Mediation Program (formerly named ERD-17095-P)
• Wisconsin Civil Rights and Labor Law Standards (formerly named ERD-4906-P)
• Wisconsin Hours of Work and Overtime Law (formerly named ERD-8298-P)
• Workplace Posters