That as to each item of relief granted greater injury will be inflicted upon the complainant by the denial of that relief than will be inflicted upon the defendants by the granting of that relief.
That the complainant has no adequate remedy at law.
That the public officers charged with the duty to protect complainant's property have failed or are unable to furnish adequate protection.
A hearing under sub. (1)
shall be held after due and personal notice of the hearing has been given, in the manner that the court shall direct, to all known persons against whom relief is sought, and also to those public officers who are charged with the duty to protect the complainant's property.
If a complainant alleges that a substantial and irreparable injury to the complainant's property will be unavoidable unless a temporary restraining order is issued before a hearing under sub. (1)
may be had, a temporary restraining order may be granted on reasonable notice of application for the temporary restraining order as the court may direct by order to show cause, but in no case less than 48 hour's notice. The order to show cause shall be served upon the party or parties that are sought to be restrained and that are specified in the order. The order shall be issued only upon testimony under oath or, in the discretion of the court, upon affidavits, sufficient, if sustained, to justify the court in issuing a temporary injunction upon a hearing as provided for under this section.
A temporary restraining order issued under sub. (3)
shall be effective for no longer than 5 days and, at the expiration of the 5-day period, shall become void and not subject to renewal or extension, except that if the hearing for a temporary injunction s begins before the expiration of the the 5-day period the restraining order may in the court's discretion be continued until a decision is reached on the issuance of the temporary injunction.
No temporary restraining order or temporary injunction may be issued under this section except on condition that the complainant first files an undertaking with adequate security sufficient to compensate those enjoined for any loss, expense, or damage caused by the improvident or erroneous issuance of the order or injunction, including all reasonable costs, reasonable attorney fees and expenses that will be incurred in opposing the order or the granting of any injunctive relief sought in the same proceeding and subsequently denied by the court.
The undertaking required under sub. (5)
shall represent an agreement between the complainant and the surety upon which a decree may be rendered in the same suit or proceeding against the complainant and surety, the complainant and surety submitting themselves to the jurisdiction of the court for that purpose. However, nothing contained in this section deprives any party having a claim or cause of action under or upon an undertaking filed under sub. (5)
from electing to pursue an ordinary remedy by suit at law or in equity.
History: 1993 a. 492
; 1997 a. 253
Sub. (1) and 103.62, relating to limitations upon the jurisdiction of a court to issue injunctions in cases arising from labor disputes, are inapplicable to actions brought by the state or its political subdivisions against public employes. Joint School v. Wisconsin Rapids Ed. Assoc. 70 W (2d) 292, 234 NW (2d) 289.
Clean hands doctrine.
No restraining order or injunctive relief may be granted to any complainant who has failed to comply with any legal obligation which is involved in the labor dispute in question, or who has failed to make every reasonable effort to settle the dispute either by negotiation or with the aid of any available machinery of governmental mediation or voluntary arbitration, but nothing in this section requires a court to await the action of any such tribunal if irreparable injury is threatened.
History: 1997 a. 253
Except as provided in s. 103.56
, any restraining order or temporary or permanent injunction granted in a case involving or growing out of a labor dispute is subject to all of the following:
The order or injunction may be granted only on the basis of findings of fact made and filed by the court in the record of the case prior to the issuance of the order or injunction.
The order or injunction shall include only a prohibition of those specific acts that are expressly complained of in the bill of complaint or petition filed in the case and expressly included in findings of fact made and filed by the court as provided under sub. (1)
The order or injunction shall be binding only upon the parties to the suit, their agents, servants, employes and attorneys, or those in active concert and participation with them, who by personal service or otherwise have received actual notice of the order or injunction.
History: 1997 a. 253
If any court issues or denies any temporary injunction in a case involving or growing out of a labor dispute, the court shall, upon the request of any party to the proceedings, and on filing the usual bond for costs, immediately certify the entire record of the case, including a transcript of the evidence taken, to the appropriate appellate court for its review. Upon the filing of the record in the appropriate appellate court, the appeal shall be given preference.
History: 1983 a. 219
; 1997 a. 253
If a person is charged with contempt under this chapter for violation of a restraining order or injunction issued by a court, the accused shall enjoy all of the following:
The rights to bail that are accorded to persons accused of a crime.
The right to be notified of the accusation and a reasonable time to make a defense, if the alleged contempt is not committed in the immediate view or presence of the court.
Upon demand, the right to a speedy and public trial by an impartial jury of the county in which the contempt was committed, except that this requirement does not apply to contempts committed in the presence of the court or so near to the court as to interfere directly with the administration of justice or to the misbehavior, misconduct or disobedience of any officer of the court in respect to the writs, orders or process of the court. All contempt proceedings brought for the alleged violation of any such restraining order or injunction are independent, original, special proceedings and shall require a unanimous finding of the jury.
A substitution of judge request in this section shall be made under s. 801.58
A jury trial is required in cases of criminal contempt where the penalty imposed is serious, but a striker charged with civil contempt for violation of an order enjoining a teachers' strike is not entitled to a jury trial. Joint School v. Wisconsin Rapids Ed. Assoc. 70 W (2d) 292, 234 NW (2d) 289.
Punishment for contempt.
Punishment for a contempt, specified in s. 103.60
, may be by fine, not exceeding $25, or by imprisonment not exceeding 10 days, in the jail of the county where the court is sitting, or both, in the discretion of the court. If a person is committed to jail for the nonpayment of a fine imposed under this section, the person must be discharged at the expiration of 15 days except that if the person is also committed for a definite time the 15 days must be computed from the expiration of the definite time.
History: 1993 a. 492
; 1997 a. 253
"Nonprofit organization" means an organization described in section 501
(c) of the internal revenue code.
"Permit officer" shall mean any person designated by the department to issue child labor permits.
General standards for employment of minors. 103.65(1)(1)
A minor shall not be employed or permitted to work at any employment or in any place of employment dangerous or prejudicial to the life, health, safety, or welfare of the minor or where the employment of the minor may be dangerous or prejudicial to the life, health, safety or welfare of other employes or frequenters.
No minor shall be employed or permitted to work at any employment for such hours of the day or week, or such days of the week, or at such periods of the day as shall be dangerous or prejudicial to the life, health, safety or welfare of such minor.
History: 1971 c. 271
Plaintiff was in class protected by rule promulgated under this section; court did not err in giving "negligence per se" instruction. McGarrity v. Welch Plumbing Co. 104 W (2d) 414, 312 NW (2d) 37 (1981).
Trial court erred in failing to hold as matter of law that employer's violation of child labor laws caused injury and that defense of child's contributory negligence was inapplicable to case. D. L. v. Huebner, 110 W (2d) 581, 329 NW (2d) 890 (1983).
Powers and duties of the department relating to employment of minors. 103.66(1)
The department may investigate, determine and fix reasonable classifications of employments, places of employment and minimum ages for hazardous employment for minors, and may issue general or special orders prohibiting the employment of minors in employments or places of employment prejudicial to the life, health, safety or welfare of minors, and may carry out the purposes of ss. 103.64
. In fixing minimum ages for hazardous employment for minors under this subsection, the department shall permit the employment of a minor 14 years of age or over as a laboratory assistant for a nonprofit, community-based organization that provides educational opportunities in medically related fields if the minor is under the direct supervision of a mentor and the laboratory at which the minor is employed complies with 10 CFR 20.1207
and 29 CFR 1910.1030
The department may investigate and fix reasonable classifications of employments and hours of employment for minors and may issue general or special orders fixing maximum hours of employment for minors per day and per week, maximum days of employment per week, hours at which employment shall begin and end and the duration of lunch and other rest periods as are necessary to protect the life, health, safety, and welfare of minors.
The investigations, classifications and orders provided for in subs. (1)
shall be made as provided under s. 103.005
. These orders are subject to review as provided in ch. 227
Minimum ages in various employments. 103.67(1)
A minor 14 to 18 years of age shall not be employed or permitted to work in any gainful occupation during the hours that the minor is required to attend school under s. 118.15
unless the minor has completed high school, except that any minor may be employed in public exhibitions as provided in s. 103.78
A minor under 14 years of age shall not be employed or permitted to work in any gainful occupation at any time, except that:
Minors 12 years of age or older may be employed in school lunch programs of the school which they attend.
Minors under 14 years of age may be employed in public exhibitions as provided in s. 103.78
Minors 12 years of age or older may be employed in street trades, and any minor may work in fund-raising sales for nonprofit organizations, public schools or private schools, as provided in ss. 103.21
Minors 12 and 13 years of age may be employed as caddies on golf courses, if they use caddy carts.
Minors 12 years of age or older may be employed in agricultural pursuits.
Minors 12 years of age or older may be employed in and around a home in work usual to the home of the employer, if the work is not in connection with or a part of the business, trade or profession of the employer and the type of employment is not specifically prohibited by ss. 103.64
or by any order of the department.
Unless prohibited under s. 103.65
, minors 12 years of age or older may be employed under the direct supervision of the minor's parent or guardian in connection with the parent's or guardian's business, trade or profession.
Minors 12 and 13 years of age may be employed as sideline officials for high school football games.
Minors 11 to 13 years of age may be employed as ball monitors at high school football games and practices.
(3) Sections 103.64
do not apply to the employment of a minor engaged in domestic or farm work performed outside school hours in connection with the minor's own home and directly for the minor's parent or guardian.
Injured minor cannot be charged with contributory negligence when employment is in violation of child labor law. See note to 895.37, citing Tisdale v. Hasslinger, 79 W (2d) 194, 255 NW (2d) 314.
Hours of labor.
Except as the department may from time to time issue orders as provided under s. 103.66 (2)
regulating the hours of employment of minors, the following schedule of hours shall be deemed to be necessary to protect minors from employment dangerous or prejudicial to their life, health, safety, or welfare and shall apply to minors of the ages specified therein:
No minor shall be employed or permitted to work at any gainful occupation other than domestic service or farm labor for more than 8 hours in any one day nor more than 40 hours nor more than 6 days in any one week, nor during such hours as the minor is required under s. 118.15 (2)
to attend school.
No minor under 16 shall be employed or permitted to work in any gainful occupation other than domestic service or farm labor more than 24 hours in any one week, nor, except in domestic service, farm labor, or in public exhibitions as defined in s. 103.78
, or in street trades as defined in s. 103.21
, before 7 a.m. nor after 6 p.m.
At least 30 minutes shall be allowed for each meal period which shall commence reasonably close to 6 a.m., 12 noon, 6 p.m. or 12 midnight or approximately midway of any work period or at such other times as deemed reasonable by the department. No minor under age 18 shall be employed or permitted to work more than 6 consecutive hours without a meal period.
History: 1993 a. 492
; 1995 a. 225
Designation of a permit officer. 103.695(1)(a)(a)
The department shall designate a school board, as defined in s. 115.001 (7)
, as a permit officer unless the school board refuses the designation.
A school board designated as a permit officer under par. (a)
may assign the duties of permit officer to an officer or employe of the school district.
The department may designate persons other than school boards as permit officers, regardless of whether any school board refuses designation as a permit officer under sub. (1) (a)
History: 1987 a. 187
Permits necessary for minors; exceptions. 103.70(1)(1)
Except as otherwise provided in sub. (2)
and in ss. 103.21
, 938.245 (2) (a) 5. b.
, 938.32 (1t) (a) 2.
and 938.34 (5) (b)
and (5g) (c)
, and as may be provided under s. 103.79
, a minor, unless indentured as an apprentice in accordance with s. 106.01
, or unless 12 years and over and engaged in agricultural pursuits, or unless 14 years and over and enrolled in a youth apprenticeship program under s. 106.13
, shall not be employed or permitted to work at any gainful occupation or employment unless there is first obtained from the department or a permit officer a written permit authorizing the employment of the minor within those periods of time stated in the permit, which shall not exceed the maximum hours prescribed by law.
Minors may be employed without permits in any employment limited to work in or around a home in work usual to the home of the employer, if the employment is not in connection with or a part of the business, trade or profession of the employer, is in accordance with the minimum age stated in s. 103.67 (2) (d)
and is not specifically prohibited by ss. 103.64
or by any order of the department.
Under the neighborhood youth corps program authorized by the economic opportunity act of 1964, all enrollees of this federally sponsored and locally administered program are employes and must be covered by suitable work permits unless exempt because of age or the nature of their activities. The department does not have the authority to waive the permit fee, there being no statutory exemption. 62 Atty. Gen. 256.
Conditions for issuance of permits. 103.71(1)
Except as provided in s. 103.78
, a permit shall not be issued authorizing any minor 14 to 18 years of age to be employed during the hours that the minor is required to attend school under s. 118.15
, unless the minor has completed high school. The department and its permit officers shall accept as evidence of the minor's completion of high school either:
A diploma or certificate to this effect issued by the superintendent of public schools or by the principal of the public school last attended by such minor, or in the absence of both the aforementioned persons by the clerk of the proper school board; or
A diploma or certificate to this effect issued by the superintendent of the parochial school system or by the principal of the parochial or private school last attended by such minor. Such superintendent, principal or clerk shall issue such diploma or certificate upon receipt of any application in behalf of any minor entitled thereto. As used in this paragraph the term "school district" shall apply to all regularly constituted school districts, including union free high school districts.
No permit may be issued authorizing the employment of any minor under 14 years of age at any time, except for:
The employment of minors 11 to 13 years of age as ball monitors at high school football games as provided in s. 103.67 (2) (i)
The employment of minors 12 years of age and over: