Obligations United States Wisconsin
What a Wisconsin business has to have in writing
Wisconsin has no OSHA state plan and no comprehensive consumer privacy law, so its written-policy load is concentrated in the Equal Rights Division's poster and notice rules.
The distinctive twist is a written-policy mandate that scales down: employers with 50 or more people post the state's family and medical leave and bone marrow donation posters, while employers with 25 to 49 must post a notice describing their own leave policies.
Wisconsin's breach statute is one of the few that counts DNA profiles and biometric data as personal information, and insurance licensees have had to keep a written information security program and certify compliance to OCI each March since 2023.
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What applies
Wisconsin rules for a 15–19 person general business
State law only. The federal layer every employer carries sits on the business-type pages below. Each row names what you must write, post, file or certify, who enforces it, and links to the state authority.
Breach Notification 1Who you must tell after a data breach, and how fast
LawProduceWhat it requiresTriggerEnforced by
Notice of unauthorized acquisition of personal informationAI-compiledWis. Stat. § 134.98Any entity other than an individual that conducts business in Wisconsin and maintains personal information, licenses personal information in the state, holds a depository account for a resident or lends to a resident; state and local government bodies are includedDistribute + ack
Notice
Notify each affected person within a reasonable time and no later than 45 days after learning of the unauthorized acquisition, by mail or the channel already used with that person. Wisconsin's definition of personal information reaches DNA profiles and unique biometric data as well as Social Security, driver license and financial account numbers. If a single incident triggers notice to 1,000 or more individuals, also tell the nationwide consumer reporting agencies the timing, distribution and content of the notices. No notice is required where the acquisition creates no material risk of identity theft or fraud.
From the first employee
Private civil action; Wisconsin Department of Justice
Data Security Program 1A written safeguards program the state requires before anything goes wrong
LawProduceWhat it requiresTriggerEnforced by
Disposal of records containing personal informationAI-compiledWis. Stat. § 134.97Financial institutions, medical businesses (any organization holding health information other than personnel records) and tax preparation businessesWrite
Written program
Before disposing of any record holding personal information, shred it, erase the personal information, modify the record so the information is unreadable, or take steps reasonably believed to keep unauthorized people away from it between disposal and destruction. Contractors handling the disposal are covered too, and the business is liable in damages to anyone whose information is disposed of improperly.
From the first employee
Private civil action for damages
Insurance Data Security 1The written security program insurance licensees must certify
LawProduceWhat it requiresTriggerEnforced by
Insurance data security (2021 Wisconsin Act 73)AI-compiledWis. Stat. ch. 601, subch. IX (§§ 601.95 to 601.958)Licensees of the Office of the Commissioner of Insurance, including insurers, agents, agencies and public adjusters; licensees with fewer than 50 employees are exempt from the program duty, and FINRA-affiliated, Farm Credit and HIPAA-covered licensees are largely exemptCertify
Certification
Run a risk assessment and keep a comprehensive written information security program with administrative, technical and physical safeguards and a named person in charge, plus a written incident response plan. Notify the Commissioner within 3 business days of determining a cybersecurity event involving nonpublic information occurred, using OCI's report form and content list. Licensees domiciled in Wisconsin file an annual compliance certification with OCI by March 1 and keep the supporting records for at least five years; exempt licensees certify which alternative regime they meet.
50+ employees
Wisconsin Office of the Commissioner of Insurance
Paid Leave Policies 2Sick and family leave laws that come with a written policy or notice
LawProduceWhat it requiresTriggerEnforced by
Wisconsin Family and Medical Leave ActAI-compiledWis. Stat. § 103.10Employers with at least 50 permanent employees during at least 6 of the last 12 months; employees qualify after 52 consecutive weeks and 1,000 hours. Employers with 25 to 49 employees have a posting duty of their own.Write
Written policy
Give eligible employees up to 2 weeks of leave a year for their own serious health condition, 2 weeks for a parent, child or spouse, and 6 weeks for a birth or adoption, on a calendar year basis, keep group health coverage on the same terms, let the employee substitute any accrued paid leave, and restore the same or an equivalent position. Employers with 50 or more employees post DWD's Family and Medical Leave poster; employers with 25 to 49 employees must instead post a notice describing their own family and medical leave policies.
25+ employees
Wisconsin Department of Workforce Development, Equal Rights Division (30-day complaint window)
Bone Marrow and Organ Donation Leave ActAI-compiledWis. Stat. § 103.11Employers with 50 or more employees; employers with 25 to 49 employees have a posting duty of their ownPost
Posting
Allow eligible employees leave to serve as a bone marrow or organ donor and post DWD's Bone Marrow and Organ Donation Leave poster. Employers with 25 to 49 employees must post a notice describing their own policies on leave for bone marrow and organ donation, which means writing that policy down.
25+ employees
Wisconsin Department of Workforce Development, Equal Rights Division
Required Postings 1The notices every workplace in the state must display
LawProduceWhat it requiresTriggerEnforced by
Required state workplace postersAI-compiledWis. Stat. chs. 103, 109 and 111; Wis. Admin. Code ch. DWD 218Every Wisconsin employer, employment agency, labor organization and licensing agency, with several posters keyed to headcountPost
Posting
Post the state set in a conspicuous place where employee notices are customarily displayed. Fair Employment Law and the minor-hours poster apply to all employers; family and medical leave, bone marrow and organ donation leave, business closing/mass layoff and cessation of health care benefits posters apply at 50 or more employees; the honesty-testing poster applies to any employer that uses honesty testing; the special minimum wage poster applies only to licensees. DWD supplies all of them free and also mirrors them in its eWorkBoard.
From the first employee
Wisconsin Department of Workforce Development, Equal Rights Division
Licensing and Certifications 4Registrations, licences and certifications a business or its staff must hold
LawProduceWhat it requiresTriggerEnforced by
Business entity registration and annual reportAI-compiledWis. Stat. chs. 179, 180, 181 and 183Any corporation, LLC, limited partnership or nonprofit formed in or transacting business in WisconsinFile
Filing / record
File articles of organization or incorporation, or a foreign registration, with the Department of Financial Institutions, keep a registered agent and office on file, and file the annual report on the schedule set for the entity type to stay in good standing.
From the first employee
Wisconsin Department of Financial Institutions, Division of Corporate and Consumer Services
Business tax registration and seller's permitAI-compiledWis. Stat. ch. 77, subch. IIIBusinesses selling taxable goods or services in Wisconsin, plus employers withholding Wisconsin income taxFile
Filing / record
Register with the Department of Revenue before making taxable sales, obtain a seller's permit and display it at the business location, and register for withholding if the business has employees. Sales and use tax and withholding returns are then filed on the frequency the department assigns.
From the first employee
Wisconsin Department of Revenue
Retail food establishment license and certified food managerAI-compiledWis. Stat. ch. 97; Wis. Admin. Code chs. ATCP 75 and ATCP 75 AppendixRestaurants, retail food stores, mobile and transient food operations; the manager certification carries exemptions for prepackaged-only operations, whole produce handling, transient events and micro marketsCertify
Certification
Hold a DATCP retail food establishment license (or one from a local agent health department) before operating, pass inspections, and for most establishments have at least one certified food protection manager whose exam certificate, taken within the past five years, is posted in public view for inspection staff.
From the first employee
Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Food and Recreational Safety, and agent local health departments
Dwelling contractor certification and trades credentialsAI-compiledWis. Stat. ch. 101; Wis. Admin. Code ch. SPS 305Contractors obtaining building permits for one- and two-family dwellings, and the individual trades they employCertify
Certification
Hold a Dwelling Contractor certification (the business credential, which requires proof of liability and workers' compensation insurance or an exemption) and employ or be a Dwelling Contractor Qualifier who has completed the required education, before pulling a permit. Applications, renewals and continuing education are handled in the DSPS LicensE portal.
From the first employee
Wisconsin Department of Safety and Professional Services
Other Written Policies 5Any other document the state makes an employer write or hand out
LawProduceWhat it requiresTriggerEnforced by
Business (Plant) Closing and Mass Layoff LawAI-compiledWis. Stat. § 109.07Employers with 50 or more employees in Wisconsin; government bodies and charitable or tax-exempt institutions are excludedDistribute
Notice
Give 60 days' written notice of a business closing or mass layoff to DWD's Dislocated Workers Unit, every affected employee, any collective bargaining representative and the top official of the municipality. A mass layoff means at least 25% of the workforce or 25 employees, whichever is greater, or at least 500 employees, counting terminations, layoffs over six months and hour cuts of more than 50%. Also post the Business Closing/Mass Layoff rights poster at all worksites. Missing notice exposes the employer to back pay and benefits for up to 60 days.
50+ employees
Wisconsin Department of Workforce Development, Equal Rights Division (complaints within 300 days)
Cessation of health care benefits noticeAI-compiledWis. Stat. § 109.075Employers with 50 or more employees in WisconsinDistribute
Notice
Give employees 60 days' notice before health care benefits cease, and post the Cessation of Health Care Benefits poster where employee notices are customarily displayed. Without proper notice the employer can be liable for the premium value or the actual medical expenses employees incur during the 60-day window.
50+ employees
Wisconsin Department of Workforce Development, Equal Rights Division
Employee protections against honesty testing devicesAI-compiledWis. Stat. § 111.37Any employer that uses honesty testing devices such as polygraphs or written honesty testsPost
Posting
Display DWD's honesty-testing poster in one or more conspicuous places where employee notices are customarily posted, and follow the statute's limits on requiring, requesting or administering an honesty test as a condition of employment.
From the first employee
Wisconsin Department of Workforce Development, Equal Rights Division
Personnel records open to employeesAI-compiledWis. Stat. § 103.13Wisconsin employers that keep personnel recordsWrite
Written policy
Let an employee inspect the personnel documents used to decide about hiring, pay, promotion, discipline or discharge, and the employee's medical records, on request. Narrow categories such as test documents, staff planning materials and third-party privacy information may be withheld. If the employee disputes an entry and no correction is agreed, the employer must attach the employee's written statement to the disputed item and release it whenever that item goes to a third party.
From the first employee
Wisconsin Department of Workforce Development, Equal Rights Division
Minor work permits and hours of workAI-compiledWis. Stat. ch. 103, subch. VIII; Wis. Admin. Code ch. DWD 270Any employer of minors under 16, and of 16- and 17-year-olds in certain circumstancesFile
Filing / record
Make sure a DWD work permit is on file before a minor starts work, reimburse the permit fee, keep the permit and hours records at the worksite, and post the Hours and Days of Work Minors May Work poster. Permits are issued through DWD's online system with a MyWisconsin ID.
From the first employee
Wisconsin Department of Workforce Development, Equal Rights Division
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Other states
The same index for another state
Alabama12Alaska12Arizona11Arkansas14California20Colorado18Connecticut17Delaware17District of Columbia12Florida15Georgia13Hawaii16Idaho13Illinois19Indiana16Iowa13Kansas11Kentucky14Louisiana13Maine14Maryland19Massachusetts16Michigan15Minnesota19Mississippi11Missouri12Montana15Nebraska13Nevada18New Hampshire13New Jersey19New Mexico13New York17North Carolina12North Dakota13Ohio13Oklahoma11Oregon19Pennsylvania12Rhode Island13South Carolina12South Dakota11Tennessee14Texas15Utah13Vermont17Virginia17Washington21West Virginia14Wyoming13
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Sources
Wisconsin Legislature - Wis. Stat. § 134.98Wisconsin Legislature - Wis. Stat. chapter 134Wisconsin Legislature - Wis. Stat. § 134.97Wisconsin Office of the Commissioner of Insurance - Insurance CybersecurityWisconsin Legislature - 2021 Wisconsin Act 73OCI - Bulletin on the new cybersecurity law (September 30, 2021)Wisconsin DWD - Workplace PostersWisconsin DWD - Workplace Poster DownloadsWisconsin DWD - eWorkBoardWisconsin DWD - Wisconsin Family and Medical Leave ActWisconsin Legislature - Wis. Stat. § 103.10Wisconsin Legislature - Wis. Stat. § 103.11Wisconsin DWD - Bone Marrow and Organ Donation Leave poster (ERD-18114-P)Wisconsin DWD - Business (Plant) Closing and Mass Layoff LawWisconsin Legislature - Wis. Stat. § 109.07Wisconsin DWD - Cessation of Health Care BenefitsWisconsin Legislature - Wis. Stat. § 109.075Wisconsin DWD - Cessation of Health Care Benefits poster (ERD-11054-P)Wisconsin Legislature - Wis. Stat. § 111.37Wisconsin DWD - Honesty testing poster (ERD-10861-P)Wisconsin DWD - Personnel Records Open to EmployeesWisconsin Legislature - Wis. Stat. § 103.13Wisconsin DWD - Work PermitsWisconsin Department of Financial Institutions - Business Entities General InformationWisconsin DFI - File Business Entity Documents OnlineWisconsin One Stop Business PortalWisconsin Department of Revenue - Starting a BusinessWisconsin Department of Revenue - Business RegistrationWisconsin DATCP - Food Manager RequirementsWisconsin DATCP - FAQ on Retail Food Establishment and Meat Processing OperationsWisconsin DATCP - Certificates of Food Protection for Small OperatorsWisconsin DSPS - Dwelling ContractorWisconsin DSPS - Dwelling Contractor Qualifier