See also ch. DWD 270
, Wis. adm. code.
Proof of age in court.
Whenever in any proceeding in any court under any of the labor laws or under ch. 102
there is any doubt of the age of a minor or as to whether an individual is a minor, a permit authorizing the employment of the minor issued under s. 103.70
or an age certificate issued under s. 103.75
shall be conclusive evidence. In the absence of such permit or certificate, a birth certificate, a verified baptismal certificate, a valid operator's license issued under ch. 343
that contains the photograph of the license holder, or an identification card issued under s. 343.50
shall be produced and filed with the court. Upon proof that the birth certificate, baptismal certificate, operator's license or identification card cannot be secured, the record of age stated in the first school enrollment of the child shall be admissible as evidence of age.
Minors in public exhibitions, radio and television broadcasts, modeling. 103.78(1)(1)
Nothing contained in ss. 103.64
shall be construed as forbidding any minor under 18 years of age to appear for the purpose of singing, playing or performing in any studio, circus, theatrical or musical exhibition, concert or festival, in radio and television broadcasts, or as a live or photographic model. Labor permits shall not be required for such employment or appearances but no minor under 18 years of age shall be so employed except under the following conditions:
The activities enumerated shall not be detrimental to the life, health, safety or welfare of the minor.
The activities enumerated shall not interfere with the schooling of the minor and provision for education equivalent to full-time school attendance in the public schools for minors under 16 years of age and part-time attendance for minors 16 to 18 years of age shall be made for those minors who are not high school graduates.
A parent or guardian shall accompany each minor under 16 years of age at all rehearsals, appearances and performances.
The employment or appearance shall not be in a roadhouse, cabaret, dance hall, night club, tavern or other similar place. This prohibition does not apply to:
Minors presenting musical entertainment at dances held in any hall on Friday, Saturday or on any other day not followed by a school day or before midnight on Sunday, if the hall was rented for the purpose of celebrating a special event, including but not limited to a wedding, holiday, birthday or anniversary.
Dances held solely for minors conducted by private clubs or civic organizations where admission is limited to the membership of the club or by their invitation and the general public is excluded.
Performances by minors in theatrical performances at dinner theaters.
The penalties in s. 103.82 (3)
apply to any parent or guardian who suffers or permits a minor to engage in activities in violation of this section.
Minor golf caddies. 103.79(1)(1)
Any minor on a golf course for the purpose of caddying for or while caddying for a person permitted to play golf on such course shall be deemed an employee of the golf club or other person, partnership, association or corporation, including the state and any municipal corporation or other political subdivision thereof, operating such golf course.
The department may investigate and fix by general or special order reasonable regulations relative to the employment of minors as caddies on golf courses. The regulations may include a waiver or modification of permit requirements for caddies. The investigations and orders shall be made as provided under s. 103.005
. The orders are subject to review as provided in ch. 227
See also ch. DWD 270
, Wis. adm. code.
The department and school attendance officers shall visit and inspect at all reasonable times, and as often as possible, all places covered by ss. 103.64
The failure of any employer to produce for inspection by the department, or school attendance officers, a permit required for a minor under 16 years of age under s. 103.70
shall be prima facie evidence of unlawful employment of the minor. The presence of any minor in any factory, workshop or other place of employment shall be prima facie evidence of the employment of the minor.
History: 1979 c. 298
; 2017 a. 11
Fees; permits and certificates of age. 103.805(1)(1)
The department or a permit officer shall collect a fee in the amount of $10 for issuing permits under ss. 103.25
and certificates of age under s. 103.75
. A person designated to issue permits and certificates of age who is not on the payroll of the division administering this chapter may retain $2.50 of that fee as compensation for the person's services and shall forward $7.50 of that fee to the department, which shall deposit that amount forwarded in the general fund and credit $5 of that amount forwarded to the appropriation account under s. 20.445 (1) (gk)
. A person designated to issue permits and certificates of age who is on the payroll of the division administering this chapter shall forward that fee to the department, which shall deposit that fee in the general fund and credit $5 of that fee to the appropriation account under s. 20.445 (1) (gk)
. The permit officer shall account for all fees collected as the department prescribes.
The fee for issuance of permits and certificates of age shall be paid by the employer. If the individual for whom the permit or certificate is issued advances the fee to the permit officer, the individual shall be reimbursed by the employer not later than at the end of his or her first pay period.
See also ch. DWD 270
, Wis. adm. code.
Advertising; penalty. 103.81(1)(1)
Except as provided in sub. (2m)
, during the term that the public schools are in session, a person shall not advertise or cause or permit any advertisement to be published in any newspaper for the labor or services of any minor during school hours in any employment.
Except as provided in sub. (2m)
, a person shall not solicit in the schools or homes of this state, minors to leave school and enter their employment.
do not apply with respect to any of the following:
Any person who violates this section shall forfeit and pay into the state treasury not less than $10 nor more than $100 for each such offense. Every day during which any person violates this section shall constitute a separate and distinct offense.
History: 1971 c. 271
; 2017 a. 11
Any employer who employs or permits any minor to work in any employment in violation of ss. 103.64
, or of any order of the department issued under those sections, or who hinders or delays the department or school attendance officers in the performance of their duties, or who refuses to admit or locks out the officer from any place required to be inspected under ss. 103.64
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
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.
In addition to the penalties provided in par. (a)
, any employer who employs any minor in violation of s. 103.68
, or rules of the department shall be liable, in addition to the wages paid, to pay to each minor affected, an amount equal to twice the regular rate of pay as liquidated damages, for all hours worked in violation per day or per week, whichever is greater.
Any parent or guardian who permits a minor under his or her control to be employed or to work in violation of ss. 103.64
, or of any order of the department issued under those sections, may be required to forfeit not less than $10 nor more than $250 for each day of the first offense and, for the 2nd or subsequent violation of ss. 103.64
within 5 years, as measured from the dates the violations initially occurred, may be required to forfeit not less than $25 nor more than $1,000 for each day of the 2nd or subsequent offense.
Discriminatory acts; employment of minors.
Section 111.322 (2m)
applies to discharge and other discriminatory acts against an employee arising in connection with any proceeding to enforce ss. 103.64
History: 1989 a. 228
One day of rest in seven. 103.85(1)(1)
Every employer of labor, whether a person, partnership or corporation, who owns or operates any factory or mercantile establishment in this state, shall allow every person, except those specified in sub. (2)
, employed in such factory or mercantile establishment, at least 24 consecutive hours of rest in every 7 consecutive days and shall not permit any such person to work for such employer during such 24 consecutive hour period, except in case of breakdown of machinery or equipment, or other emergency, requiring the immediate services of experienced and competent labor to prevent serious injury to person, damage to property, or suspension of necessary operations, when such experienced and competent labor is not otherwise immediately available. This shall not authorize any work on Sunday not now authorized by law.
This section does not apply to:
Persons employed in the manufacture of butter, cheese or other dairy products or in the distribution of milk or cream, or in canneries and freezers.
Persons employed in bakeries, flour and feed mills, hotels, and restaurants.
Employees whose duties include no work on Sunday other than:
Any labor called for by an emergency that could not reasonably have been anticipated.
An employee who states in writing that he or she voluntarily chooses to work without at least 24 consecutive hours of rest in 7 consecutive days.
Every employer shall keep a time book showing the names and addresses of all employees and the hours worked by each of them in each day, and such time book shall be open to inspection by the department.
If upon investigation, the department shall ascertain and determine that there be practical difficulties or unnecessary hardships in carrying out the provisions of this section, or upon a joint request of labor and management, the department may by general or special order make reasonable exceptions therefrom or modifications thereof provided that the life, health, safety and welfare of employees shall not be sacrificed or endangered thereby. Such investigation and orders shall be made as provided under s. 103.005
. Such orders shall be subject to review under ch. 227
See also ch. DWD 275
, Wis. adm. code.
Employee welfare funds: default in payments. 103.86(1)(1)
Any employer who promises in writing to make payments to an employee welfare fund, either by contract with an individual employee, by a collective bargaining agreement or by agreement with such employee welfare fund, and who fails to make such payments within 6 weeks after they become due and payable, and after having been notified in writing of the failure to make the required payments, shall be fined not more than $200.
This section shall not apply where the failure to make payments is prevented by act of God, proceedings in bankruptcy, orders or process of any court of competent jurisdiction, or circumstances over which the employer has no control.
History: 1993 a. 492
Employee not to be disciplined for testifying.
No employer may discharge an employee because the employee is subpoenaed to testify in an action or proceeding pertaining to a crime or pursuant to ch. 48
. On or before the first business day after the receipt of a subpoena to testify, the employee shall give the employer notice if he or she will have to be absent from employment because he or she has been subpoenaed to testify in an action or proceeding pertaining to a crime or pursuant to ch. 48
. If a person is subpoenaed to testify in an action or proceeding as a result of a crime, as defined in s. 950.02 (1m)
, against the person's employer or an incident involving the person during the course of his or her employment, the employer shall not decrease or withhold the employee's pay for any time lost resulting from compliance with the subpoena. An employer who violates this section may be fined not more than $200 and may be required to make full restitution to the aggrieved employee, including reinstatement and back pay. Except as provided in this section, restitution shall be in accordance with s. 973.20
Absence from work of volunteer fire fighter, emergency medical services practitioner, emergency medical responder, or ambulance driver. 103.88(1)(a)
“Ambulance service provider" means an ambulance service provider, as defined in s. 256.01 (3)
, that is a volunteer fire department or fire company, a public agency, or a nonprofit corporation.
“Emergency" means a fire, hazardous substance release, medical condition, or any other situation that poses a clear and immediate danger to life or health or a significant loss of property.
“Employee" means an individual employed in this state by an employer, but does not include an individual employed to provide direct patient care at a hospital intensive care unit or emergency department, as defined in s. 940.20 (7) (a) 1g.
“Employer" means a person engaging in any activity, enterprise, or business in this state. “Employer" includes the state and any office, department, independent agency, authority, institution, association, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts. “Employer" does not include a paid fire department or an ambulance service provider, as defined in s. 256.01 (3)
“Responding to an emergency" includes going to, attending to, and returning from an emergency.
Absence from work permitted.
An employer shall permit an employee who is a volunteer fire fighter, emergency medical services practitioner, emergency medical responder, or ambulance driver for a volunteer fire department or fire company, a public agency, or a nonprofit corporation to be late for or absent from work if the lateness or absence is due to the employee responding to an emergency that begins before the employee is required to report to work and if the employee complies with sub. (3) (a)
. This subsection does not entitle an employee to receive wages or salary for the time the employee is absent from work due to responding to an emergency as provided in this subsection.
An employee may be late for or absent from work under sub. (2)
if the employee does all of the following:
By no later than 30 days after becoming a member of a volunteer fire department or fire company or becoming affiliated with an ambulance service provider, submits to the employee's employer a written statement signed by the chief of the volunteer fire department or fire company or by the person in charge of the ambulance service provider notifying the employer that the employee is a volunteer fire fighter, emergency medical services practitioner, emergency medical responder, or ambulance driver for a volunteer fire department or fire company, a public agency, or a nonprofit corporation.
When dispatched to an emergency, makes every effort to notify the employee's employer that the employee may be late for or absent from work due to the employee's responding to the emergency or, if prior notification cannot be made due to the extreme circumstances of the emergency or the inability of the employee to contact the employer, submits to the employer a written statement from the chief of the volunteer fire department or fire company or from the person in charge of the ambulance service provider explaining why prior notification could not be made.
When late for or absent from work due to responding to an emergency, provides, on the request of the employee's employer, a written statement from the chief of the volunteer fire department or fire company or from the person in charge of the ambulance service provider certifying that the employee was responding to an emergency at the time of the lateness or absence and indicating the date and time of the response to the emergency.
When the status of an employee under sub. (2)
as a member of a volunteer fire department or fire company or as an affiliate of an ambulance service provider changes, including termination of that status, the employee shall notify the employee's employer of that change in status.