LRB-2711/1
GMM:kjf:jf
2011 - 2012 LEGISLATURE
December 28, 2011 - Introduced by Senators Lassa, Taylor, Hansen, Risser, S.
Coggs and C. Larson, cosponsored by Representatives Grigsby, Pocan, Doyle,
Pasch, Turner, Sinicki, Berceau, Hebl, Roys, Mason, Zamarripa, Kessler,
Clark, Hintz, C. Taylor and Bewley. Referred to Committee on Economic
Development and Veterans and Military Affairs.
SB355,1,3
1An Act to repeal 103.68 (2) (a) to (e);
to renumber and amend 103.68 (2)
2(intro.); and
to amend 103.24, 103.65 (2), 103.66 (2) and 103.68 (1) of the
3statutes;
relating to: the hours that a minor may work.
Analysis by the Legislative Reference Bureau
Current law provides general standards for the employment of minors,
including standards prohibiting minors under 16 years of age from being employed
for such hours of the day or week or at such periods of the day as may be dangerous
or prejudicial to the life, health, safety, or welfare of the minor.
2011 Wisconsin Act
32 made various changes to those standards, including:
1. Eliminating the statutory hours per day and per week and days per week and
times of day that a minor 16 years of age or over may work.
2. Setting the hours that a minor under 16 years of age may work at three hours
per day on a school day and eight hours per day on a nonschool day and at 18 hours
per week in a school week and 40 hours per week in a nonschool week.
3. Setting the days in a week that a minor under 16 years of age may work at
six.
4. Setting the times of day that a minor under 16 years of age may work at not
before 7:00 a.m. and not after 7:00 p.m. from the day after Labor Day to May 31 and
at not before 7:00 a.m. and not after 9:00 p.m. from June 1 to Labor Day.
2011 Wisconsin Act 32 also prohibited the Department of Workforce
Development (DWD) from fixing for minors 16 years of age or over maximum hours
of employment per day and per week, maximum days of employment per week, or
hours at which employment may begin and end and from fixing for minors under 16
years of age maximum hours of employment per day and per week, maximum days
of employment per week, or hours at which employment may begin and end that
exceed those maximum hours per day and per week or those maximum days per week
or that begin earlier or end later than those hours at which employment may begin
and end.
This bill eliminates those changes, thereby restoring prior law. Specifically, the
bill prohibits any minor, including a minor 16 years of age or over, but not including
a minor employed in domestic service, farm labor, or service as an election inspector,
from working for no more than eight hours per day, 40 hours per week, and six days
per week, except that the bill permits a minor under 16 years of age, subject to those
exceptions, to work for no more than 24 hours per week. The bill also prohibits a
minor under 16 years of age from working before 7:00 a.m. or after 6:00 p.m., except
in domestic service, farm labor, public exhibitions, or street trades. Finally, the bill
provides that these standards are subject to orders issued by DWD fixing hours of
employment for minors. Under prior law, DWD fixed those hours as follows:
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For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB355,4,8
3103.24 Hours of work. The department shall determine and fix reasonable
4hours of employment for minors
under 16 years of age in street trades.
Except as
1provided in this section, the department may not fix hours of employment for minors
2under 16 years of age in street trades that exceed the maximum hours per day and
3per week specified in s. 103.68 (2) (a) and (b), that exceed the maximum days per
4week specified in s. 103.68 (2) (c), or that begin earlier or end later than the hours
5specified in s. 103.68 (2) (d) and (e). The department may not limit the hours of
6employment for minors 16 years of age or over in street trades or the hours of
7employment for minors of any age who are engaged in the delivery of newspapers to
8the consumer.
SB355,4,1411
103.65
(2) No minor
under 16 years of age may be employed or permitted to
12work at any employment for such hours of the day or week, for such days of the week,
13or at such periods of the day as may be dangerous or prejudicial to the life, health,
14safety
, or welfare of the minor.
SB355,5,617
103.66
(2) The department may investigate and fix reasonable classifications
18of employments and hours of employment for minors
under 16 years of age and may
19issue general or special orders fixing for
those minors maximum hours of
20employment per day and per week, maximum days of employment per week, hours
21at which employment may begin and end, and the duration of lunch and other rest
22periods as are necessary to protect the life, health, safety, and welfare of
those 23minors.
For minors under 16 years of age, the department may not fix hours of
24employment that exceed the maximum hours per day and per week specified in s.
25103.68 (2) (a) and (b), that exceed the maximum days per week specified in s. 103.68
1(2) (c), or that begin earlier or end later than the hours specified in s. 103.68 (2) (d)
2and (e). For minors 16 years of age or over, the department may fix the duration of
3lunch and other rest periods, but may not limit hours of employment or issue general
4or special orders fixing maximum hours of employment per day or per week,
5maximum days of employment per week, or hours at which employment may begin
6and end.
SB355,5,149
103.68
(1) No Except as provided in sub. (2), no minor may be employed or
10permitted to work
at in any gainful occupation
, other than in domestic service, farm
11labor, or service as an election inspector under s. 7.30 (2) (am), for more than 8 hours
12in any one day, for more than 40 hours in any one week, or for more than 6 days in
13any one week, or during such hours as the minor is required under s. 118.15 to attend
14school.
SB355,5,2117
103.68
(2) No minor under 16 years of age may be employed or permitted to
18work in any gainful occupation, other than in domestic service
, or farm labor,
for
19more than 24 hours in any one week or before 7:00 a.m. or after 6:00 p.m., except in
20domestic service, farm labor, street trades, as defined in s. 103.21 (6), or public
21exhibitions, as provided in s. 103.78
, as follows:.