SECTION 1. DWD 270.05 (1) is amended to read:
DWD 270.05 (1) Permits necessary for minors. Except as provided in sub. subs. (2) and (2m), no minor may be employed or permitted to work in any gainful occupation unless the minor first obtains from 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 hours prescribed by law. SECTION 2. DWD 270.05 (2m) is created to read:
DWD 270.05 (2m) Exception for public health emergency. (a) In this subsection, "minor" means a minor who is 14 or 15 years old.
(b) Child labor permits for minors are not required during the period beginning on May 11, 2020, and ending on September 1, 2020, if all of the following requirements are met:
1. The employer of a minor or an individual authorized by the employer signs a written intent to hire that specifies the job duties to be performed by the minor and the hours and time of day to be worked by the minor.
2. The employer of a minor obtains all of the following information before hiring or permitting the minor to work:
a. Proof of age, including a birth certificate, baptismal certificate, Wisconsin driver’s license or identification card described in s. DWD 270.07 (1), or other evidence specified in s. DWD 270.07 (4). b. Written consent from the minor's parent, guardian, or court-ordered foster parent consenting to the employment or a countersignature of the parent, guardian, or foster parent on the written intent to hire required under subd. 1.
c. A copy of the minor's social security card.
(c) Upon receipt of all of the information required under par. (b) 2. regarding a minor, the employer shall notify the department that the minor has commenced employment by email to workpermits@dwd.wisconsin.gov. The notification shall include all of the following: 1. Attestation that the employer has reviewed the minor's proof of age and social security information.
2. A copy of the employer's written intent to hire described in par. (b) 1.
3. The written consent from the parent, guardian, or court-ordered foster parent described in par. (b) 2. b.
(d) Employers shall file a permit application on behalf of each minor employee hired and permitted to work under this subsection and make payment for the permit fee under s. DWD 270.08 for each such minor to a work permit office designated by the department no later than October 1, 2020. (e) Pursuant to its discretionary authority under s. 103.66, Stats., the department shall decline to take enforcement action against an employer for hiring and permitting a minor to work without a permit if the requirements under pars. (b) and (c) for that minor employee have been met for work performed during the period beginning on May 11, 2020, and ending on September 1, 2020,. (f) An employer who fails to timely file a permit application and make payment for permit fees as required under par. (d) shall be subject to enforcement action.
SECTION 3. This emergency rule shall take effect upon publication in the official state newspaper.
Dated this _________ day of May, 2020
STATE OF WISCONSIN
DEPARTMENT OF WORKFORCE
DEVELOPMENT
___________________________________________
Caleb Frostman, Secretary
