103.16 History
History: 1975 c. 94 s.
91 (17);
1997 a. 253.
103.165
103.165
Employee's cash bonds to be held in trust; duty of employer; penalty. 103.165(1)
(1) Where any person requests any employee to furnish a cash bond, the cash constituting such bond shall not be mingled with the moneys or assets of such person demanding the same, but shall be deposited by such person in a bank, trust company, savings bank or savings and loan association doing business in this state whose deposits or shares are insured by a federal agency to the extent of $10,000, as a separate trust fund, and it shall be unlawful for any person to mingle such cash received as a bond with the moneys or assets of any such person, or to use the same. No employer shall deposit more than $10,000 with any one depository. The bank book, certificate of deposit or other evidence thereof shall be in the name of the employer in trust for the named employee, and shall not be withdrawn except after an accounting had between the employer and employee, said accounting to be had within 10 days from the time relationship is discontinued or the bond is sought to be appropriated by the employer. All interest or dividends earned by such sum deposited shall accrue to and belong to the employee and shall be turned over to said employee as soon as paid out by the depository. Such deposit shall at no time and in no event be subject to withdrawal except upon the signature of both the employer and employee or upon a judgment or order of a court of record.
103.165(2)
(2) In the event of the failure of any person, such moneys on deposit shall constitute a trust fund for the benefit of the persons who furnished such bonds and shall not become the property of the assignee, receiver or trustee of such insolvent person.
103.165(3)(a)(a) In case an employee who was required to give a cash bond dies before the cash bond is withdrawn in the manner provided in
sub. (1), the accounting and withdrawal may be effected not less than 5 days after the employee's death and before the filing of a petition for letters testamentary or other letters authorizing the administration of the decedent's estate, by the employer with any of the following, in the following order:
103.165(3)(a)2.
2. The decedent's children if the decedent leaves no surviving spouse or domestic partner under
ch. 770.
103.165(3)(a)3.
3. The decedent's father or mother if the decedent leaves no surviving spouse, domestic partner under
ch. 770, or children.
103.165(3)(a)4.
4. The decedent's brother or sister if the decedent leaves no surviving spouse, domestic partner under
ch. 770, children, or parent.
103.165(3)(b)
(b) The accounting and withdrawal under
par. (a) shall be effected in the same manner and with like effect as if such accounting and withdrawal were accomplished by and between the employer and employee as provided in
sub. (1).
103.165(3)(c)
(c) The amount of the cash bond, together with principal and interest, to which the deceased employee would have been entitled had the deceased employee lived, shall, as soon as paid out by the depository, be turned over to the person designated under
par. (a) effecting the accounting and withdrawal with the employer. The turning over shall be a discharge and release of the employer to the amount of the payment.
103.165(3)(d)
(d) If no persons designated under
par. (a) survive, the employer may apply the cash bond, or so much of the cash bond as may be necessary, to paying creditors of the decedent in the order of preference prescribed in
s. 859.25 for satisfaction of debts by personal representatives. The making of payment under this paragraph shall be a discharge and release of the employer to the amount of the payment.
103.165(4)
(4) Any person who violates this section shall be punished by a fine equal to the amount of the bond or by imprisonment for not less than 10 days nor more than 60 days, or both.
103.17
103.17
Mutual forfeit. Any employer engaged in manufacturing that requires its employees, under penalty of forfeiture of a part of the wages earned by those employees, to provide a notice of intention to leave the employer's employ shall be liable for the payment of a like forfeiture if the employer discharges, without similar notice, an employee, other than for incapacity or misconduct, except in case of a general suspension of labor in the employer's shop or factory or in the department of the employer's shop or factory in which the employee is employed.
103.17 History
History: 1993 a. 492;
1997 a. 253.
103.18
103.18
Threat or promise to influence vote. No person shall, by threatening to discharge a person from his or her employment or threatening to reduce the wages of a person or by promising to give employment at higher wages to a person, attempt to influence a qualified voter to give or withhold the voter's vote at an election.
103.18 History
History: 1993 a. 492.
103.19
103.19
Children in shows. No license may be granted for a theatrical exhibition or public show in which children under 15 years of age are employed as acrobats, as contortionists or in any feats of gymnastics or equestrianism if, in the opinion of the board of officers authorized to grant licenses, those children are employed in a manner that may corrupt their morals or impair their physical health.
103.19 History
History: 1997 a. 253.
103.20 History
History: 1985 a. 29;
1985 a. 73 s.
8.
103.21(1)
(1) Every minor selling or distributing newspapers or magazines on the streets or other public place, or from house to house, is in an "employment" and an "employee," and each independent news agency or (in the absence of all such agencies) each selling agency of a publisher or (in the absence of all such agencies) each publisher, whose newspapers or magazines the minor sells or distributes, is an "employer" of the minor. Every minor engaged in any other street trade is in an "employment" and an "employee," and each person furnishing the minor articles for sale or distribution or regularly furnishing the minor material for blacking boots is the minor's "employer".
103.21(1g)
(1g) "House-to-house employer" means an employer who employs minors, either directly or through an agent who need not be an employee of the employer, to conduct street trades from house to house through personal contact with prospective customers.
103.21(1r)
(1r) "Municipality" means a city, village or town.
103.21(2)
(2) "Nonprofit organization" means an organization described in section
501 (c) of the internal revenue code.
103.21(3)
(3) "Permit officer" means any person designated by the department to issue street trade permits.
103.21(6)
(6) "Street trade" means the selling, offering for sale, soliciting for, collecting for, displaying or distributing any articles, goods, merchandise, commercial service, posters, circulars, newspapers or magazines, or the blacking of boots, on any street or other public place or from house to house.
103.21 Annotation
There can be no employment under sub. (1) between a publisher and a minor distributing newspapers without the publisher having actual or implied knowledge of the minor's activities. Beard v. Lee Enterprises, Inc.
225 Wis. 2d 1,
591 N.W.2d 156 (1999),
96-3393.
103.22
103.22
General standards and powers of the department. The general standards for the employment of minors set forth in
s. 103.65 apply to the employment of minors in street trades, and in relation to that employment the department has the powers and duties specified in
s. 103.66. Except as the department exercises those powers, the employment of minors in street trades shall be in accordance with
ss. 103.23 to
103.31.
103.22 History
History: 1971 c. 271.
103.22 Cross-reference
Cross-reference: See also ch.
DWD 271, Wis. adm. code.
103.23(1)(1) Except as provided in
sub. (2), a minor under 12 years of age shall not be employed or permitted to work at any time in any street trade.
103.23(2)
(2) A minor under 12 years of age may work in a fund-raising sale for a nonprofit organization, a public school, a private school, or a tribal school under the following conditions:
103.23(2)(a)
(a) Each minor must give the nonprofit organization, public school, private school, or tribal school written approval from the minor's parent or guardian.
103.23(2)(b)
(b) Each minor under 9 years of age or each group containing one or more minors under 9 years of age must be physically accompanied by a parent or a person at least 16 years of age.
103.24
103.24
Hours of work. The department shall determine and fix reasonable hours of employment for minors in street trades.
103.24 History
History: 1971 c. 271.
103.24 Cross-reference
Cross-reference: See also ss.
DWD 271.03 and
271.04, Wis. adm. code.
103.245
103.245
Designation of a permit officer. 103.245(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.
103.245(1)(b)
(b) A school board designated as a permit officer under
par. (a) may assign the duties of permit officer to an officer or employee of the school district.
103.245(2)
(2) 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).
103.245 History
History: 1987 a. 187.
103.25
103.25
Permits and identification cards. 103.25(1)
(1) A minor shall not be employed or permitted to work at any street trade unless the minor's employer first obtains from the department or a permit officer a street trade permit and the minor first obtains an identification card, both issued in accordance with this section.
103.25(2)
(2) If upon investigation, the department determines that there are practical difficulties or unnecessary hardships in carrying out
sub. (1), the department may by general or special order make reasonable exceptions or modifications with due regard for the life, health, safety and welfare of minors employed in street trades. The investigation and orders shall be made as provided under
s. 103.005. These orders are subject to review as provided in
ch. 227.
103.25(3)
(3) The form and requisites of street trade permits shall be the same as those specified for child labor permits in
s. 103.73, except as provided in
sub. (3m) and except that the permits may be issued on special street trade permit forms, in a form determined by the department. Each minor for whom a street trade permit is issued shall be provided by the department or the permit officer issuing the permit with a street trade identification card, in a form determined by the department. The minor shall carry the identification card while engaged in street trade employment and shall not transfer it to any other person.
103.25(3m)(a)(a) In addition to the information required for a street trade permit under
sub. (3), a street trade permit obtained by a house-to-house employer shall contain the minor's permanent home address and social security number.
103.25(3m)(b)
(b) A house-to-house employer shall have a copy of the street trade permit issued for the minor stamped or endorsed by the clerk of any municipality where the minor conducts a street trade from house to house.
103.25(3m)(c)
(c) This subsection does not apply to employment of a minor by a newspaper publisher or in a fund-raising sale for a nonprofit organization, a public school, a private school, or a tribal school.
103.25(4)
(4) In relation to employment in street trades a permit issued under this section has the same force and effect as a permit issued under
ss. 103.64 to
103.82; and the failure to obtain a permit when required under this section subjects the employer to the same penalties and liabilities as failure to obtain a permit when required under
ss. 103.64 to
103.82.
103.25(5)
(5) This section does not apply to employment of a minor in a fund-raising sale for a nonprofit organization, a public school, a private school, or a tribal school.
103.26
103.26
Refusal or revocation of permits and identification cards. 103.26(1)(1) The department or permit officer may refuse to grant a street trade permit and identification card to a minor who seems physically unable to perform the work or whose school record indicates that the minor should not undertake such employment in addition to school, or whenever in the judgment of the department or permit officer the best interests of the minor would be served by such refusal.
103.26(2)
(2) The department may revoke a street trade permit and identification card if the minor for whom such permit was issued is found by the department to have worked when prohibited under
s. 103.24, if it appears to the department that such permit was improperly or illegally issued or if in their judgment the best interests of the minor would be served by such revocation. The department shall by registered mail notify such minor and the minor's employer of such revocation. On receipt of such notice the employer shall immediately return the revoked permit and discontinue the employment of such minor, and the minor shall immediately return the revoked identification card to the permit officer.
103.26 History
History: 1973 c. 183;
1993 a. 492.
103.26 Cross-reference
Cross-reference: See also s.
DWD 271.08, Wis. adm. code.
103.27
103.27
Duties of employers of minors in street trades. 103.27(1)(1) Every employer of minors in street trades shall keep a record for each minor of his or her name, address and date of birth.
103.27(2)
(2) Every employer shall receive and file a street trade permit authorizing employment of each minor by him or her before the minor is permitted to work; and shall keep the permit on file and allow inspection of the permit at any time by the department or any police or school attendance officer.
103.27(3)
(3) This section does not apply to employment of a minor in a fund-raising sale for a nonprofit organization, a public school, a private school, or a tribal school.
103.275
103.275
Duties of employers in house-to-house street trades. 103.275(1)(1)
Certification required. No person may do any of the following without obtaining a certificate under
sub. (2):
103.275(1)(b)
(b) Recruit or offer employment to a minor to conduct street trades from house to house.
103.275(2)
(2) Application and issuance of certificate. 103.275(2)(a)(a) A person shall apply to the department for a house-to-house employer certificate by submitting an application to the department. The department shall furnish applications upon request and applications shall contain all of the following:
103.275(2)(a)1.
1. The name of the applicant and the address and telephone of its principal place of business.
103.275(2)(a)2.
2. If the applicant is a corporation, the date and place of its incorporation.
103.275(2)(a)2L.
2L. If the applicant is a limited liability company, the date and place of its organization.
103.275(2)(a)3.
3. The name and permanent home address of the sole proprietor, managing partner, managers or principal officers of the applicant.
103.275(2)(a)4.
4. The names, permanent home addresses and dates of birth of any of the applicant's employees, agents or representatives who supervise minor employees conducting street trades from house to house.
103.275(2)(a)5.
5. The employer identification numbers assigned to the applicant by the internal revenue service and the department of revenue.
103.275(2)(a)6.
6. Any documents required by the department to prove that the applicant has complied with
sub. (3).
103.275(2)(a)7.
7. Any other information that the department considers relevant.
