SECTION 1. DWD 270.085 is created to read:
DWD 270.085 Student worklike activities. (1) SPECIFIC ALLOWABLE ACTIVITIES. It is permissible under this chapter and not sufficient to constitute employment regardless of whether compensation is received when a student performs worklike activities in his or her own elementary or secondary school under the following conditions:
(a) The student helps in the school lunchroom or cafeteria, cleans a classroom, acts as a hall monitor, or performs minor clerical work in the school office or library.
(b) The student performs the activities in par. (a) for periods of an hour per day or less on days school is in session or for longer time periods on days that school is not in session so that the annual total time spent on the activities listed in par. (a) is no more than the equivalent of one hour per school day.
(2) CONDITIONS FOR OTHER STUDENT WORKLIKE ACTIVITIES. Student worklike activities in an elementary or secondary school other than those listed in sub. (1) are permissible under this chapter and will not be considered sufficient to constitute employment under the following conditions:
(a) The activity is basically educational, is conducted primarily for the benefit of the student, and comprises one of the facets of the educational opportunities offered to the student. The nonemployment status is not changed if the student also receives payment in order to have a more realistic worklike situation or as an incentive to the student.
(b) The time in attendance at school plus the time spent at the activity does not exceed the time that the student would be required to attend school under a normal academic schedule by more than one hour per day.
(c) The student does not displace a regular employe or reduce previously existing employment opportunities by performing work that would otherwise be performed by regular employes.
SECTION 2. DWD 272.085 is repealed and recreated to read:
DWD 272.085 Student activities and employment. (1) INDEPENDENT COLLEGES AND UNIVERSITIES. (a) Independent colleges and universities may employ full-time students who are 18 years of age and over for 20 hours per week or less at the established federal Fair Labor Standards Act rates.
(b) Students who work at independent colleges or universities for over 20 hours per week shall be paid at the rates established under s. DWD 272.03.
(2) ELEMENTARY AND SECONDARY SCHOOLS. Student activities that meet the criteria of s. DWD 272.085 are not covered by the minimum wage provisions of this chapter.
Initial Regulatory Flexibility Analysis
The proposed rule does not affect small business.
Fiscal Estimate
The proposed rule promotes educational opportunities for youth by allowing worklike activities under conditions that are intended to benefit the student. Schools have not been able to offer these opportunities in the past without being subject to child labor prohibitions and minimum wage requirements.
Contact Information
Elaine Pridgen, Office of Legal Counsel
Dept. of Workforce Development
P.O. Box 7946
Madison, WI 53707-7946
Telephone (608) 267-9403
Written Comments
Written comments on the proposed rules received at the above address no later than Friday, April 7, 2000, will be given the same consideration as testimony presented at the hearing.
Notice of Submission of Proposed Rules to the Presiding Officer of each House of the Legislature, Under S. 227.19, Stats.
Please check the Bulletin of Proceedings for further information on a particular rule.
S. ETF 10.55 - Relating to the proper reporting of creditable service, earnings and participating employes of instrumentalities of two or more units of government when the joint instrumentality does not qualify as a separate employer for WRS purposes.
S. NR 150.03 and ch. NR 170 - Relating to power plant siting.
SS. NR 10.01, 10.27 and 10.28 - Relating to deer hunting in Council Grounds state park.
Ch. PSC 4 - Relating to implementing the Wisconsin Environmental Policy Act (WEPA).
Administrative Rules Filed With The
Revisor Of Statutes Bureau
The following administrative rules have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
Agriculture, Trade and Consumer Protection
(CR 99-133):
An order affecting ss. ATCP 105.009 and 105.23, relating to selling motor vehicle fuel below cost.
Effective 04-01-00.
Physical Therapists Affiliated Credentialing Board
(CR 99-66):
An order affecting ss. PT 1.02, 2.01, 3.01, 4.01 and ch. PT 5, relating to the definition of physical therapy aide, the tests of English, written English and spoken English, general supervision of physical therapist assistants, and direct supervision of physical therapist assistants and physical therapy aides.
Effective 05-01-00.
An order creating ch. PI 34, relating to teacher education program approval and licenses.
Part effective 05-01-00.
Part effective 07-01-00.
Part effective 07-01-04.
An order creating s. Tax 11.96, relating to delivery of an ordinance to adopt or repeal a county or premier resort area tax.
Effective 05-01-00.
The State of Wisconsin
Department of Administration
Bureau of Integrated Document Services
Document Sales and Distribution Section
P.O. Box 7840
Dated Material. Please Do Not Delay!
