103.60(2)
(2) The right to be notified of the accusation and a reasonable time to make a defense, provided the alleged contempt is not committed in the immediate view or presence of the court.
103.60(3)
(3) Upon demand, the right to a speedy and public trial by an impartial jury of the county in which the contempt was committed, provided that this requirement shall not be construed to apply to contempts committed in the presence of the court or so near thereto as to interfere directly with the administration of justice or to apply to the misbehavior, misconduct or disobedience of any officer of the court in respect to the writs, orders or process of the court. All contempt proceedings brought for the alleged violation of any such restraining order or injunction are independent, original, special proceedings and shall require a unanimous finding of the jury.
103.60(4)
(4) A substitution of judge request in this section shall be made under
s. 801.58.
103.60 History
History: 1977 c. 135;
1979 c. 257.
103.60 Annotation
A jury trial is required in cases of criminal contempt where the penalty imposed is serious, but a striker charged with civil contempt for violation of an order enjoining a teachers' strike is not entitled to a jury trial. Joint School v. Wisconsin Rapids Ed. Asso. 70 W (2d) 292, 234 NW (2d) 289.
103.61
103.61
Punishment for contempt. Punishment for a contempt, specified in
s. 103.60, may be by fine, not exceeding $25, or by imprisonment not exceeding ten days, in the jail of the county where the court is sitting, or both, in the discretion of the court. Where a person is committed to jail, for the nonpayment of such a fine, the person must be discharged at the expiration of fifteen days; but where the person is also committed for a definite time, the fifteen days must be computed from the expiration of the definite time.
103.61 History
History: 1993 a. 492.
103.62
103.62
Definitions. When used in
ss. 103.51 to
103.62, and for the purposes of these sections:
103.62(1)
(1) A case shall be held to involve or to grow out of a labor dispute when the case involves persons who are engaged in a single industry, trade, craft, or occupation; or who are employes of one employer; or who are members of the same or an affiliated organization of employers or employes; whether such dispute is any of the following:
103.62(1)(a)
(a) Between one or more employers or associations of employers and one or more employes or associations of employes.
103.62(1)(b)
(b) Between one or more employers or associations of employers and one or more employers or associations of employers.
103.62(1)(c)
(c) Between one or more employes or associations of employes and one or more employes or associations of employes.
103.62(1)(d)
(d) Between any conflicting or competing interests in a "labor dispute", as defined in
sub. (3), of "persons participating or interested" therein, as defined in
sub. (2).
103.62(2)
(2) A person or association shall be held to be a person participating or interested in a labor dispute if relief is sought against the person or association and if the person or association is engaged in the industry, trade, craft, or occupation in which such dispute occurs, or is a member, officer, or agent of any association of employers or employes engaged in such industry, trade, craft, or occupation.
103.62(3)
(3) The term "labor dispute" means any controversy between an employer and the majority of the employer's employes in a collective bargaining unit concerning the right or process or details of collective bargaining or the designation of representatives. Any organization with which either the employer or such majority is affiliated may be considered a party to the labor dispute. The provisions of this subsection shall supersede any provision of the statutes in conflict therewith.
103.62 History
History: 1993 a. 492;
1995 a. 225.
103.64(2)
(2) "Nonprofit organization" means an organization described in section
501 (c) of the internal revenue code.
103.64(3)
(3) "Permit officer" shall mean any person designated by the department to issue child labor permits.
103.65
103.65
General standards for employment of minors. 103.65(1)(1) A minor shall not be employed or permitted to work at any employment or in any place of employment dangerous or prejudicial to the life, health, safety, or welfare of the minor or where the employment of the minor may be dangerous or prejudicial to the life, health, safety or welfare of other employes or frequenters.
103.65(2)
(2) No minor shall be employed or permitted to work at any employment for such hours of the day or week, or such days of the week, or at such periods of the day as shall be dangerous or prejudicial to the life, health, safety or welfare of such minor.
103.65 History
History: 1971 c. 271.
103.65 Annotation
Plaintiff was in class protected by rule promulgated under this section; court did not err in giving "negligence per se" instruction. McGarrity v. Welch Plumbing Co. 104 W (2d) 414, 312 NW (2d) 37 (1981).
103.65 Annotation
Trial court erred in failing to hold as matter of law that employer's violation of child labor laws caused injury and that defense of child's contributory negligence was inapplicable to case. D. L. v. Huebner, 110 W (2d) 581, 329 NW (2d) 890 (1983).
103.66
103.66
Powers and duties of the department relating to employment of minors. 103.66(1)
(1) The department may investigate, determine and fix reasonable classifications of employments, places of employment and minimum ages for hazardous employment for minors, and may issue general or special orders prohibiting the employment of minors in employments or places of employment prejudicial to the life, health, safety or welfare of minors, and may carry out the purposes of
ss. 103.64 to
103.82. In fixing minimum ages for hazardous employment for minors under this subsection, the department shall permit the employment of a minor 14 years of age or over as a laboratory assistant for a nonprofit, community-based organization that provides educational opportunities in medically related fields if the minor is under the direct supervision of a mentor and the laboratory at which the minor is employed complies with
10 CFR 20.1207 and
29 CFR 1910.1030.
103.66(2)
(2) The department may investigate and fix reasonable classifications of employments and hours of employment for minors and may issue general or special orders fixing maximum hours of employment for minors per day and per week, maximum days of employment per week, hours at which employment shall begin and end and the duration of lunch and other rest periods as are necessary to protect the life, health, safety, and welfare of minors.
103.66(3)
(3) The investigations, classifications and orders provided for in
subs. (1) and
(2) shall be made as provided under
s. 103.005. These orders are subject to review as provided in
ch. 227.
103.67
103.67
Minimum ages in various employments. 103.67(1)
(1) A minor 14 to 18 years of age shall not be employed or permitted to work in any gainful occupation during the hours that the minor is required to attend school under
s. 118.15 unless the minor has completed high school, except that any minor may be employed in public exhibitions as provided in
s. 103.78.
103.67(2)
(2) A minor under 14 years of age shall not be employed or permitted to work in any gainful occupation at any time, except that:
103.67(2)(a)
(a) Minors 12 years of age or older may be employed in school lunch programs of the school which they attend.
103.67(2)(b)
(b) Minors under 14 years of age may be employed in public exhibitions as provided in
s. 103.78.
103.67(2)(c)
(c) Minors 12 years of age or older may be employed in street trades, and any minor may work in fund-raising sales for nonprofit organizations, public schools or private schools, as provided in
ss. 103.21 to
103.31.
103.67(2)(d)
(d) Minors 12 and 13 years of age may be employed as caddies on golf courses, if they use caddy carts.
103.67(2)(e)
(e) Minors 12 years of age or older may be employed in agricultural pursuits.
103.67(2)(f)
(f) Minors 12 years of age or older may be employed in and around a home in work usual to the home of the employer, if the work is not in connection with or a part of the business, trade or profession of the employer and the type of employment is not specifically prohibited by
ss. 103.64 to
103.82 or by any order of the department.
103.67(2)(g)
(g) Unless prohibited under
s. 103.65, minors 12 years of age or older may be employed under the direct supervision of the minor's parent or guardian in connection with the parent's or guardian's business, trade or profession.
103.67(2)(h)
(h) Minors 12 and 13 years of age may be employed as sideline officials for high school football games.
103.67(2)(i)
(i) Minors 11 to 13 years of age may be employed as ball monitors at high school football games and practices.
103.67(3)
(3) Sections 103.64 to
103.82 do not apply to the employment of a minor engaged in domestic or farm work performed outside school hours in connection with the minor's own home and directly for the minor's parent or guardian.
103.67 Annotation
Injured minor cannot be charged with contributory negligence when employment is in violation of child labor law. See note to 895.37, citing Tisdale v. Hasslinger, 79 W (2d) 194, 255 NW (2d) 314.
103.68
103.68
Hours of labor. Except as the department may from time to time issue orders as provided under
s. 103.66 (2) regulating the hours of employment of minors, the following schedule of hours shall be deemed to be necessary to protect minors from employment dangerous or prejudicial to their life, health, safety, or welfare and shall apply to minors of the ages specified therein:
103.68(1)
(1) No minor shall be employed or permitted to work at any gainful occupation other than domestic service or farm labor for more than 8 hours in any one day nor more than 40 hours nor more than 6 days in any one week, nor during such hours as the minor is required under
s. 118.15 (2) to attend school.
103.68(2)
(2) No minor under 16 shall be employed or permitted to work in any gainful occupation other than domestic service or farm labor more than 24 hours in any one week, nor, except in domestic service, farm labor, or in public exhibitions as defined in
s. 103.78, or in street trades as defined in
s. 103.21, before 7 a.m. nor after 6 p.m.
103.68(3)
(3) At least 30 minutes shall be allowed for each meal period which shall commence reasonably close to 6 a.m., 12 noon, 6 p.m. or 12 midnight or approximately midway of any work period or at such other times as deemed reasonable by the department. No minor under age 18 shall be employed or permitted to work more than 6 consecutive hours without a meal period.
103.68 History
History: 1993 a. 492;
1995 a. 225.
103.69
103.69
Council on child labor. The council on child labor shall review biennially the hours of employment for minors and the minimum ages for hazardous employment determined by the department under
s. 103.66 and make recommendations to the department it deems necessary to protect the life, health, safety and welfare of minors. The department may, by orders issued under
s. 103.66, give effect to the recommendations of the council.
103.69 History
History: 1971 c. 271.
103.69 Annotation
See note to 103.65, citing McGarrity v. Welch Plumbing Co. 104 W (2d) 414, 312 NW (2d) 37 (1981).
103.695
103.695
Designation of a permit officer. 103.695(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.
103.695(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.
103.695(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).
103.695 History
History: 1987 a. 187.
103.70
103.70
Permits necessary for minors; exceptions. 103.70(1)(1) Except as otherwise provided in
sub. (2) and in
ss. 103.21 to
103.31,
103.78,
938.245 (2) (a) 5. b.,
938.32 (1t) (a) 2. and
938.34 (5) (b) and
(5g) (c), and as may be provided under
s. 103.79, a minor, unless indentured as an apprentice in accordance with
s. 106.01, or unless 12 years and over and engaged in agricultural pursuits, or unless 14 years and over and enrolled in a youth apprenticeship program under
s. 106.13, shall not be employed or permitted to work at any gainful occupation or employment unless there is first obtained from the department or 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 maximum hours prescribed by law.
103.70(2)
(2) Minors may be employed without permits in any employment limited to work in or around a home in work usual to the home of the employer, if the employment is not in connection with or a part of the business, trade or profession of the employer, is in accordance with the minimum age stated in
s. 103.67 (2) (d) and is not specifically prohibited by
ss. 103.64 to
103.82 or by any order of the department.
103.70 Annotation
Under the neighborhood youth corps program authorized by the economic opportunity act of 1964, all enrollees of this federally sponsored and locally administered program are employes and must be covered by suitable work permits unless exempt because of age or the nature of their activities. The department does not have the authority to waive the permit fee, there being no statutory exemption. 62 Atty. Gen. 256.
103.71
103.71
Conditions for issuance of permits. 103.71(1)
(1) Except as provided in
s. 103.78, a permit shall not be issued authorizing any minor 14 to 18 years of age to be employed during the hours that the minor is required to attend school under
s. 118.15, unless the minor has completed high school. The department and its permit officers shall accept as evidence of the minor's completion of high school either:
103.71(1)(a)
(a) A diploma or certificate to this effect issued by the superintendent of public schools or by the principal of the public school last attended by such minor, or in the absence of both the aforementioned persons by the clerk of the proper school board; or
103.71(1)(b)
(b) A diploma or certificate to this effect issued by the superintendent of the parochial school system or by the principal of the parochial or private school last attended by such minor. Such superintendent, principal or clerk shall issue such diploma or certificate upon receipt of any application in behalf of any minor entitled thereto. As used in this paragraph the term "school district" shall apply to all regularly constituted school districts, including union free high school districts.
103.71(2)
(2) No permit may be issued authorizing the employment of any minor under 14 years of age at any time, except for:
103.71(2)(a)
(a) The employment of minors 11 to 13 years of age as ball monitors at high school football games as provided in
s. 103.67 (2) (i).
103.71(2)(b)
(b) The employment of minors 12 years of age and over:
103.71(3)
(3) No permit may be issued under
sub. (2) (b) 4., unless the department or permit officer is satisfied that employment under
s. 103.67 (2) (g) is not injurious or detrimental to the minor's education, health, safety or welfare.
103.72
103.72
Refusal and revocation of permits. 103.72(1)
(1) The department or permit officer may refuse to grant permits in the case of minors who seem physically unable to perform the labor at which they are to be employed. They may also refuse to grant a permit if in their judgment the best interests of the minor would be served by that refusal.
103.72(2)
(2) Whenever it appears to the department that a permit has been improperly or illegally issued, or that the physical or moral welfare or school attendance of the minor would be best served by the revocation of the permit or that the failing school performance of the minor would be remedied by the revocation of the permit, the department may immediately, without notice, revoke the permit. The department shall revoke a permit if ordered to do so under
s. 938.342 (1) (e). If the department revokes a permit, the department shall, by registered mail, notify the person employing the minor and the minor holding the permit of the revocation. Upon receipt of the notice, the employer employing the minor shall immediately return the revoked permit to the department and discontinue the employment of the minor.
103.72 History
History: 1995 a. 77.
103.73
103.73
Form and requisites of permit; as evidence. 103.73(1)(1) The permit provided under
s. 103.70 shall state the name and the date and place of birth of the minor and that the following evidence, records and papers have been examined, approved and filed:
103.73(1)(a)
(a) Such evidence as is required by the department showing the age of the minor. The department shall formulate and publish rules and regulations governing the proof of age of minors who apply for labor permits, and such rules and regulations shall bind all persons authorized by law to issue such permits.
