LRB-2800/1
JAM:amn
2021 - 2022 LEGISLATURE
May 13, 2021 - Introduced by Representatives Loudenbeck, Knodl, Sortwell,
Callahan, Mursau, Armstrong, Bowen, Brooks, Dittrich, Duchow, Edming,
Krug, Kuglitsch, Magnafici, Murphy, Rozar, Schraa, Steffen and
Wichgers, cosponsored by Senators Felzkowski, Ballweg, Marklein and
Nass. Referred to Committee on Labor and Integrated Employment.
AB324,1,3 1An Act to renumber and amend 103.68 (2); to amend 103.24 and 103.66 (2);
2and to create 103.68 (2) (bm) of the statutes; relating to: the employment of
3minors.
Analysis by the Legislative Reference Bureau
Under current law, with certain employment exceptions, no minor under 16
years of age may work before 7:00 a.m. or after 7:00 p.m. from the day after Labor
Day to May 31, or before 7:00 a.m. or after 9:00 p.m. from June 1 to Labor Day. These
work hour requirements are consistent with federal law.
This bill expands the permissible work hours a minor under 16 years of age may
work to not before 6:00 a.m. or after 9:30 p.m. on a day preceding a school day, and
not before 6:00 a.m. or after 11:00 p.m. on a day preceding a nonschool day, when the
minor is working for an employer that is not covered by the federal Fair Labor
Standards Act, and whose employees are not covered by the federal Fair Labor
Standards Act. Minors under 16 years of age who are employed after 10:00 p.m. must
receive at least eight consecutive hours of rest from the end of one shift to the
beginning of the next shift.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB324,1 4Section 1. 103.24 of the statutes is amended to read:
AB324,2,11
1103.24 Hours of work. The department shall determine and fix reasonable
2hours of employment for minors under 16 years of age in street trades. Except as
3provided in this section, the department may not fix hours of employment for minors
4under 16 years of age in street trades that exceed the maximum hours per day and
5per week specified in s. 103.68 (2) (a) and (b) (am) 1. and 2. and (bm) 1. a. and b., that
6exceed the maximum days per week specified in s. 103.68 (2) (c) (am) 3. and (bm) 1.
7c.
, or that begin earlier or end later than the hours specified in s. 103.68 (2) (d) and
8(e)
(am) 4. and 5. and (bm) 1. d. and e. The department may not limit the hours of
9employment for minors 16 years of age or over in street trades or the hours of
10employment for minors of any age who are engaged in the delivery of newspapers to
11the consumer.
AB324,2 12Section 2. 103.66 (2) of the statutes is amended to read:
AB324,3,313 103.66 (2) The department may investigate and fix reasonable classifications
14of employments and hours of employment for minors under 16 years of age and may
15issue general or special orders fixing for those minors maximum hours of
16employment per day and per week, maximum days of employment per week, hours
17at which employment may begin and end, and the duration of lunch and other rest
18periods as are necessary to protect the life, health, safety, and welfare of those
19minors. For minors under 16 years of age, the department may not fix hours of
20employment that exceed the maximum hours per day and per week specified in s.
21103.68 (2) (a) and (b) (am) 1. and 2. and (bm) 1. a. and b., that exceed the maximum
22days per week specified in s. 103.68 (2) (c) (am) 3. and (bm) 1. c., or that begin earlier
23or end later than the hours specified in s. 103.68 (2) (d) and (e) (am) 4. and 5. and (bm)
241. d. and e
. For minors 16 years of age or over, the department may fix the duration
25of lunch and other rest periods, but may not limit hours of employment or issue

1general or special orders fixing maximum hours of employment per day or per week,
2maximum days of employment per week, or hours at which employment may begin
3and end.
AB324,3 4Section 3. 103.68 (2) of the statutes is renumbered 103.68 (2) (am), and 103.68
5(2) (am) (intro.), as renumbered, is amended to read:
AB324,3,96 103.68 (2) (am) (intro.) No Except as provided in par. (bm), no minor under 16
7years of age may be employed or permitted to work in any gainful occupation, other
8than in domestic service, farm labor, or public exhibitions, as provided in s. 103.78,
9as follows:
AB324,4 10Section 4. 103.68 (2) (bm) of the statutes is created to read:
AB324,3,1611 103.68 (2) (bm) 1. Subject to subd. 2., no minor under 16 years of age working
12for an employer that is not covered by the federal Fair Labor Standards Act, 29 USC
13201
to 219, and whose employees are not covered by the federal Fair Labor Standards
14Act, 29 USC 201 to 219, may be employed or permitted to work in any gainful
15occupation, other than in domestic service, farm labor, or public exhibitions, as
16provided in s. 103.78, as follows:
AB324,3,1717 a. For more than 3 hours on a school day or 8 hours on a nonschool day.
AB324,3,1818 b. For more than 18 hours in a school week or 40 hours in a nonschool week.
AB324,3,1919 c. For more than 6 days in a week.
AB324,3,2020 d. Before 6:00 a.m. or after 9:30 p.m. on a day preceding a school day.
AB324,3,2121 e. Before 6:00 a.m. or after 11:00 p.m. on a day preceding a nonschool day.
AB324,3,2422 2. Minors under 16 years of age who are employed after 10:00 p.m. shall receive
23at least 8 consecutive hours of rest from the end of one shift to the beginning of the
24next shift.
AB324,3,2525 (End)
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