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 "employe," 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 "employe," 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 employe 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.
103.22
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.
103.23(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 or a private school under the following conditions:
103.23(2)(a)
(a) Each minor must give the nonprofit organization, public school or private 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.
103.245
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 employe 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 blanks of 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 of a form determined by the department. He or she 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 or a private 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 or a private 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.
103.27
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 or a private 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 employes, agents or representatives who supervise minor employes 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.
103.275(2)(b)
(b) Upon receipt of a properly completed application, the department shall issue a house-to-house employer certificate if all of the following apply:
103.275(2)(b)3.
3. If the application is for a new certificate after revocation under
sub. (7), the revocation occurred at least 12 months before issuance of the new certificate.
103.275(2)(c)
(c) A person who receives a house-to-house employer certificate shall notify the department of any changes in the information required in the application submitted under
par. (a) within 30 days after the change occurs.
103.275(2)(d)
(d) A house-to-house employer certificate is valid for a 12-month period. A house-to-house employer may renew a certificate by submitting an application under
par. (a), subject to the conditions under
par. (b).
103.275(3)(a)(a) A house-to-house employer shall establish proof of its ability to pay any compensation owed to minor employes and any penalties that may be imposed under
s. 103.29.
103.275(3)(b)
(b) A house-to-house employer shall prove its ability to pay under
par. (a) by maintaining one of the following commitments, in an amount of at least $5,000 and in a form approved by the department:
103.275(3)(c)
(c) The commitment described in
par. (b) shall be established in favor of or made payable to the department, for the benefit of the state and any minor employe who does not receive the compensation earned by the minor employe. The house-to-house employer shall file with the department any agreement, instrument or other document necessary to enforce the commitment against the house-to-house employer or any relevant 3rd party, or both.
103.275(4)(a)(a) When a minor applies for a job to conduct street trades from house to house, the house-to-house employer shall inform the minor in writing of the terms and conditions of employment including all of the following:
103.275(4)(a)1.
1. Compensation, including commissions, bonuses or contest awards.
103.275(4)(a)3.
3. The number of days per week and of hours per day that the minor would be required to conduct street trades from house to house.
103.275(4)(a)4.
4. The nature and frequency of required employment-related meetings and how compensation is paid for attendance at the meetings.
103.275(4)(a)5.
5. Whether and how the house-to-house employer provides transportation.
103.275(4)(a)6.
6. The expenses related to employment that the applicant would be required to pay.
103.275(4)(b)
(b) No house-to-house employer may fail to comply with the terms of the written disclosure statement required under
par. (a). A house-to-house employer may change the terms of a disclosure statement by a supplemental document in writing, if the change applies only prospectively.
103.275(5)
(5) Records and inspection. A door-to-door employer shall do all of the following:
103.275(5)(a)
(a) Keep a copy of the street trade permit obtained for an employe under
s. 103.25 for at least 3 years after the employe attains the age of 18 or leaves the employment of the employer, whichever occurs first.
103.275(5)(b)
(b) Keep a list of the names of all municipalities where minor employes of the house-to-house employer conducted street trades from house to house within the last 3 years.
103.275(5)(c)
(c) At the department's request, do any of the following:
103.275(5)(c)1.
1. Allow the department to inspect the certificate issued under
sub. (2) or any street trade permits obtained under
s. 103.25.
103.275(5)(c)2.
2. Provide a list of the municipalities where the house-to-house employer intends to employ minors to conduct street trades from house to house within 6 months after the date of the request.
