Plain Language Analysis
Currently, with specified exceptions, ch. DWD 270 prohibits employing or permitting a minor to work unless the minor first obtains a child labor permit. This rule creates a new temporary exception that applies during the period beginning on May 11, 2020, and ending on September 1, 2020. During that period, the new exception allows employers to employ minors who are 14 and 15 years old and who have not obtained child labor permits. For the exception to apply, an employer or authorized individual must sign a written intent to hire. In addition, the employer must obtain the minor's proof of age, parent or guardian consent, and a copy of the minor's social security card. The rule also requires the employer to notify the Department about the minor and, no later than October 1, 2020, file an application for a child labor permit on behalf of the minor and pay the permit fee.
Summary of, and comparison with, existing or proposed federal regulations
None. Federal law does not require work permits or age certificates for minors to be employed.
Comparison with rules in adjacent states
Michigan and Minnesota have also suspended in person issuance of child work permits as a result of the pandemic.
Summary of factual data and analytical methodologies
Emergency Order # 13, DWD 270 and relevant statutes relating to child labor permits were reviewed as part of the process for developing this proposed rule. No other data or analysis was needed.
Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis
This rule is intended to have no negative impact on business so therefore no analysis was necessary.
Effect on small business
No negative impact on small business.
Agency contact person
Matthew White, Director, Bureau of Investigations
Equal Rights Division
Department of Workforce Development
P.O. Box 8928
Madison, WI 53708
Place where comments are to be submitted and deadline for submission
Comments will be accepted until a date to be determined.
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 firstname.lastname@example.org. 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
Caleb Frostman, Secretary