Skip to content
All states
Wisconsin · Labor & employment

How to file a wage claim in Wisconsin.

Filed with the WI Equal Rights Division Labor Standards Bureau. Form: ERD-10609. Statute of limitations: 2 years.

Statute of limitations
2 years
Final pay deadline
Next regularly scheduled payday.
Damages
Unpaid wages + 50% increased damages for late wages, plus costs.

Calculate your specific deadline

Enter the date wages were due → get the deadline for Wisconsin, federal FLSA, EEOC charge, and NLRB ULP.

Open SOL calculator

What this form covers

WI ERD also handles employment discrimination charges (separate form).

File the form

The ERD-10609 is the canonical wage-claim form for Wisconsin. SynthCounsel hosts the official .gov source PDF and re-verifies it nightly. Free preview, $9 to fill via wizard, or unlimited on the Pro / Firm tiers.

Filing more than this one form?

The ERD-10609 is one piece. Most wage cases also need a demand letter, a federal DOL parallel filing, an EEOC charge if there’s a discrimination angle, and a trail of follow-up correspondence. Case Pass — $149/case covers unlimited forms, court documents, and deadline tracking for 12 months.

Compare plans

Federal options run in parallel

State wage claims don’t replace federal claims. The FLSA SOL (2 years; 3 if willful) runs separately from Wisconsin’s SOL, and you may file with the US DOL Wage & Hour Division for federal minimum-wage and overtime violations. For discrimination claims, the EEOC charge clock starts at 180 days (300 days in deferral states like CA, NY, IL, etc.).

Wage claim guides for nearby states

See all 21 state guides
Free tool

Wage SOL calculator

All four parallel deadlines (state, FLSA, EEOC, NLRB) from one date.

Free tool

EEOC charge wizard

Build a Form 5 narrative if your wage claim involves discrimination.

This is general information, not legal advice. Wage-payment statutes change frequently. Confirm the current form, SOL, and damages framework with the WI Equal Rights Division Labor Standards Bureau or a licensed Wisconsin attorney before filing.