AB904: Bill Text

LRB-4988/1

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2001 - 2002 LEGISLATURE

2001 Assembly BILL 904

March 14, 2002 - Introduced by Representatives Berceau, Sinicki and Miller. Referred to Committee on Labor and Workforce Development.

AB904,1,6 An Act to amend 103.67 (2) (g) and 103.82 (1) (a); and to create 103.65 (3) of the statutes; relating to: prohibiting the employer of a minor from interviewing the minor in connection with an allegation of employee misconduct unless the employer first provides notice of the interview to the minor's parent or guardian and permits the parent or guardian to be present at the interview.

Analysis by the Legislative Reference Bureau

Under current law, the department of workforce development (DWD) or a permit officer designated by DWD may issue a work permit permitting a minor 14 years of age or over to work in any gainful employment except in a classification of employment or a place of employment that DWD has determined to be prejudicial to the life, health, safety, or welfare of minors. Current law also permits a minor under 14 years of age to be employed in a limited number of occupations enumerated in statute. This bill prohibits an employer of a minor from interviewing the minor in connection with an allegation of misconduct by any employee of the employer unless the employer has first provided notice of the interview to the parent or guardian of the minor employee and permits the parent or guardian to be present at the interview.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB904, s. 1 Section 1. 103.65 (3) of the statutes is created to read:

AB904,2,5 103.65 (3) An employer of a minor may not interview the minor in connection with an allegation of misconduct by any employee of the employer unless the employer has first provided notice of the interview to the parent or guardian of the minor employee and permits the parent or guardian to be present at the interview.

AB904, s. 2 Section 2. 103.67 (2) (g) of the statutes is amended to read:

AB904,2,10 103.67 (2) (g) Unless prohibited under s. 103.65, minors (1) or (2), a minor 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 of the parent or guardian.

AB904, s. 3 Section 3. 103.82 (1) (a) of the statutes is amended to read:

AB904,3,2 103.82 (1) (a) Any employer who employs or permits any minor to work in any employment in violation of ss. 103.64 to 103.82, or of any order of the department issued under those sections, or who hinders or delays the department or a school attendance officers officer in the performance of their the duties, or of the department or officer, who refuses to admit or locks out the officer from any place required to be inspected under ss. 103.64 to 103.82, or who conducts an interview of a minor in violation of s. 103.65 (3) may be required to forfeit not less than $25 nor more than $1,000 for each day of the first offense and, for the 2nd or subsequent violation of ss. 103.64 to 103.82 within 5 years, as measured from the dates the violations initially occurred, may be fined not less than $250 nor more than $5,000 for each day of the 2nd or subsequent offense or imprisoned not more than 30 days or both.

AB904, s. 4 Section 4. Initial applicability.

AB904,3,6 (1) Interviews of minor employees. This act first applies to an interview of a minor employee conducted by the employee's employer on the effective date of this subsection.

AB904,3,7 (End)