In August 2026, Worker Justice Wisconsin took a decisive step toward making wage theft in Wisconsin a thing of the past. For more than twenty years, wage theft has been our number one issue due to our state’s dysfunctional wage theft law: Chapter 109.
Most Wisconsinites have probably never heard of Ch. 109, so let’s take a moment to break it down.
On paper, Ch. 109 doesn’t look too terrible. It codifies wage theft as a civil offense and establishes a clear process and penalties. When an employer steals workers’ wages, workers can file a complaint with the Department of Workforce Development (DWD). If the DWD finds that the employer owes wages, it will issue a determination saying so and it can refer that determination to the district attorney to prosecute with the potential for fines and even jail time if the employer still refuses to pay.
In practice, Ch. 109 is utterly broken and in several ways.
First, the DWD does not have enough investigators. Each investigator has, on average, an 80-100 cases load. And there is only one–I repeat: ONE–investigator who speaks Spanish. On average, a worker has to wait almost 6 months just to have their case assigned to an investigator. To put things in perspective, Wisconsin’s Department of Corrections has three times the budget of the DWD. As a state, we spend three times as much locking people up as we do protecting workers.
Second, due to the back-and-forth nature of the investigation between the two parties, the process can take as long as 12-18 months! We have members who filed in 2024 who received determinations in 2026! For workers living paycheck to paycheck, or whose family depends on the money they send home, this is not a solution.
Finally, workers who get a favorable ruling don’t necessarily get justice because the DWD has no enforcement capacity. It must refer cases to the district attorney. And district attorneys, including Dane County’s Ismael R. Ozanne, as a policy, refuse to take these cases, resulting in countless determinations going unenforced.
And in case you’re wondering if the DOJ takes these cases, the answer is no. Despite WJW filing hundreds and hundreds of cases, a criminal complaint hasn’t been filed against an employer for wage theft since 2012!
If the worker is lucky, in a best case scenario, the employer pays what is owed, but there are no consequences. The employer basically receives an interest-free loan from the worker.
This inadequate system is why in 2026 Worker Justice has identified almost $331,000 in unpaid wages, and $1,495,812 since 2020. And most of these cases come from south-central Wisconsin!
But, finally, change is on the horizon thanks to the thousands of workers who have come forward to denounce wage theft, to organize, to tell their story, and to fight for a more just society!
On August 11, WJW organizers and members gathered together to discuss what a reformed Ch. 109 might look like. All of these workers have experienced wage theft. All of these workers knew someone who had experienced wage theft. And all of these workers have seen our legal system fail.
At this meeting, we studied Ch. 109 and generated a list of demands based on workers’ lived experience. Our members determined that workers need to compel district attorneys to take wage theft cases, a public database like OSHA’s or the NLRB’s to track employers who’ve stolen, to require that employers notify all of their employees if the DWD finds that they withheld wages, to increase the DWD’s budget to hire more investigators, a hardship fund for victims of wage theft regardless of immigration status, and that general contractors be required to pay their subcontractors’ workers’ wages if the subcontractor refuses to pay, among many more. Some of these policies have already been enacted in other states, while some represent a new approach that would make Wisconsin a national leader in combatting wage theft.
On August 20, WJW board members, staff, and worker members met with Representative Angelina Cruz (Racine) and her team to share stories of wage theft and to present our demands on how to reform Ch. 109. Rep. Cruz pledged her support for Wisconsin workers and her commitment to organizing with us to improve Wisconsin’s legal protections for workers’ hard-earned money.
| One worker, Hugo, spoke about how a stronger Ch. 109 with better protections against retaliation would have given him the confidence to file a charge against his employer who required him to continue working during his thirty-minute lunch breaks. Gerardo shared that his employer owed him over $5,000. And several others talked about all the ways their bosses cut corners, shaving time off their timecards. |
| Now is the time to organize. Real, meaningful change always comes from the rank and file. Wisconsin workers and community allies must organize to ensure that the best possible law is put forward. To help move this piece of legislation across the finish line, join our Rapid Response Network. You will be notified of upcoming actions, rallies, and marches to ensure that workers get strong protections from wage theft. If you have experienced wage theft, contact our Wage Theft Organizer Socorro by texting or calling (608) 572 0715 via phone or WhatsApp. |
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