103.76
103.76
Proof of age in court. Whenever in any proceeding in any court under any of the labor laws or under
ch. 102 there is any doubt of the age of a minor a duly issued child labor permit or age certificate shall be conclusive evidence. In the absence of such permit or certificate a duly attested birth certificate or a verified baptismal certificate shall be produced and filed with the court. Upon proof that the birth or baptismal certificate cannot be secured, the record of age stated in the first school enrollment of the child shall be admissible as evidence thereof.
103.76 History
History: 1975 c. 147 s.
54;
1979 c. 89.
103.78
103.78
Minors in public exhibitions, radio and television broadcasts, modeling. 103.78(1)
(1) Nothing contained in
ss. 103.64 to
103.82 shall be construed as forbidding any minor under 18 years of age to appear for the purpose of singing, playing or performing in any studio, circus, theatrical or musical exhibition, concert or festival, in radio and television broadcasts, or as a live or photographic model. Labor permits shall not be required for such employment or appearances but no minor under 18 years of age shall be so employed except under the following conditions:
103.78(1)(a)
(a) The activities enumerated shall not be detrimental to the life, health, safety or welfare of the minor.
103.78(1)(b)
(b) The activities enumerated shall not interfere with the schooling of the minor and provision for education equivalent to full-time school attendance in the public schools for minors under 16 years of age and part-time attendance for minors 16 to 18 years of age shall be made for those minors who are not high school graduates.
103.78(1)(c)
(c) A parent or guardian shall accompany each minor under 16 years of age at all rehearsals, appearances and performances.
103.78(1)(d)
(d) The employment or appearance shall not be in a roadhouse, cabaret, dance hall, night club, tavern or other similar place. This prohibition does not apply to:
103.78(1)(d)1.
1. Minors presenting musical entertainment at dances held in any hall on Friday, Saturday or on any other day not followed by a school day or before midnight on Sunday, if the hall was rented for the purpose of celebrating a special event, including but not limited to a wedding, holiday, birthday or anniversary.
103.78(1)(d)2.
2. Dances held solely for minors conducted by private clubs or civic organizations where admission is limited to the membership of the club or by their invitation and the general public is excluded.
103.78(1)(d)3.
3. Performances by minors in theatrical performances at dinner theaters.
103.78(3)
(3) The penalties in
s. 103.82 (3) apply to any parent or guardian who suffers or permits a minor to engage in activities in violation of this section.
103.78(4)
(4) Treble the amount of compensation otherwise recoverable as provided in
s. 102.60 (4) and wage loss as provided in
s. 102.60 (6) are payable to a minor injured during the course of the minor's employment or appearance in violation of this section.
103.79
103.79
Minor golf caddies. 103.79(1)(1) Any minor on a golf course for the purpose of caddying for or while caddying for a person permitted to play golf on such course shall be deemed an employe of the golf club or other person, partnership, association or corporation, including the state and any municipal corporation or other political subdivision thereof, operating such golf course.
103.79(2)
(2) The department may investigate and fix by general or special order reasonable regulations relative to the employment of minors as caddies on golf courses. The regulations may include a waiver or modification of permit requirements for caddies. The investigations and orders shall be made as provided under
s. 103.005. The orders are subject to review as provided in
ch. 227.
103.80(1)(1) The department and school attendance officers shall visit and inspect at all reasonable times, and as often as possible, all places covered by
ss. 103.64 to
103.82.
103.80(2)
(2) The failure of any employer to produce for inspection to the department, or school attendance officers, the permit provided for in
s. 103.70 shall be prima facie evidence of unlawful employment of the minor. The presence of any minor in any factory, workshop or other place of employment shall be prima facie evidence of the employment of the minor.
103.80 History
History: 1979 c. 298.
103.805
103.805
Fees; permits and certificates of age. 103.805(1)
(1) The department shall fix and collect a reasonable fee based on the cost of issuance of permits under
ss. 103.25 and
103.71 and certificates of age under
s. 103.75. The department may authorize the retention of the fees by the person designated to issue permits and certificates of age as compensation for the person's services if the person is not on the payroll of the division administering this chapter. The permit officer shall account for all fees collected as the department prescribes.
103.805(2)
(2) The fee for issuance of permits and certificates of age shall be paid by the employer, but when the minor advances the fee to the permit officer the minor shall be reimbursed by the minor's employer not later than at the end of the minor's first pay period.
103.805 History
History: 1971 c. 271;
1993 a. 492.
103.81
103.81
Advertising; penalty. 103.81(1)
(1) During the term that the public schools are in session, a person shall not advertise or cause or permit any advertisement to be published in any newspaper for the labor or services of any minor during school hours in any employment for which a child labor permit is required under
s. 103.70 which does not specifically state the minimum age of the minor whose services are desired, which age must be 18 years or over.
103.81(2)
(2) A person shall not solicit in the schools or homes of this state, minors of permit age to leave school and enter their employment, if a child labor permit is required for that employment by
s. 103.70.
103.81(3)
(3) Any person who violates this section shall forfeit and pay into the state treasury not less than $10 nor more than $100 for each such offense. Every day during which any person violates this section shall constitute a separate and distinct offense.
103.81 History
History: 1971 c. 271.
103.82(1)(a)(a) Any employer who employs or permits any minor to work in any employment in violation of
ss. 103.64 to
103.82, or of any order of the department issued under those sections, or who hinders or delays the department or school attendance officers in the performance of their duties, or who refuses to admit or locks out the officer from any place required to be inspected under
ss. 103.64 to
103.82 may be required to forfeit not less than $25 nor more than $1,000 for each day of the first offense and, for the 2nd or subsequent violation of
ss. 103.64 to
103.82 within 5 years, as measured from the dates the violations initially occurred, may be fined not less than $250 nor more than $5,000 for each day of the 2nd or subsequent offense or imprisoned not more than 30 days or both.
103.82(1)(b)
(b) In addition to the penalties provided in
par. (a), any employer who employs any minor in violation of
s. 103.68, or rules of the department shall be liable, in addition to the wages paid, to pay to each minor affected, an amount equal to twice the regular rate of pay as liquidated damages, for all hours worked in violation per day or per week, whichever is greater.
103.82(3)
(3) Any parent or guardian who permits a minor under his or her control to be employed or to work in violation of
ss. 103.64 to
103.82, or of any order of the department issued under those sections, may be required to forfeit not less than $10 nor more than $250 for each day of the first offense and, for the 2nd or subsequent violation of
ss. 103.64 to
103.82 within 5 years, as measured from the dates the violations initially occurred, may be required to forfeit not less than $25 nor more than $1,000 for each day of the 2nd or subsequent offense.
103.83
103.83
Discriminatory acts; employment of minors. Section 111.322 (2m) applies to discharge and other discriminatory acts against an employe arising in connection with any proceeding to enforce
ss. 103.64 to
103.82.
103.83 History
History: 1989 a. 228.
103.85
103.85
One day of rest in seven. 103.85(1)
(1) Every employer of labor, whether a person, partnership or corporation, who owns or operates any factory or mercantile establishment in this state, shall allow every person, except those specified in
sub. (2), employed in such factory or mercantile establishment, at least 24 consecutive hours of rest in every 7 consecutive days and shall not permit any such person to work for such employer during such 24 consecutive hour period, except in case of breakdown of machinery or equipment, or other emergency, requiring the immediate services of experienced and competent labor to prevent serious injury to person, damage to property, or suspension of necessary operations, when such experienced and competent labor is not otherwise immediately available. This shall not authorize any work on Sunday not now authorized by law.
103.85(2)
(2) This section does not apply to:
103.85(2)(c)
(c) Persons employed in the manufacture of butter, cheese or other dairy products or in the distribution of milk or cream, or in canneries and freezers.
103.85(2)(d)
(d) Persons employed in bakeries, flour and feed mills, hotels, and restaurants.
103.85(2)(e)
(e) Employes whose duties include no work on Sunday other than:
103.85(2)(f)
(f) Any labor called for by an emergency that could not reasonably have been anticipated.
103.85(3)
(3) Every employer shall keep a time book showing the names and addresses of all employes and the hours worked by each of them in each day, and such time book shall be open to inspection by the department.
103.85(4)
(4) If upon investigation, the department shall ascertain and determine that there be practical difficulties or unnecessary hardships in carrying out the provisions of this section, or upon a joint request of labor and management, the department may by general or special order make reasonable exceptions therefrom or modifications thereof provided that the life, health, safety and welfare of employes shall not be sacrificed or endangered thereby. Such investigation and orders shall be made as provided under
s. 103.005. Such orders shall be subject to review under
ch. 227.
103.86
103.86
Employe welfare funds: default in payments. 103.86(1)(1) Any employer who promises in writing to make payments to an employe welfare fund, either by contract with an individual employe, by a collective bargaining agreement or by agreement with such employe welfare fund, and who fails to make such payments within 6 weeks after they become due and payable, and after having been notified in writing of the failure to make the required payments, shall be fined not more than $200.
103.86(2)
(2) This section shall not apply where the failure to make payments is prevented by act of God, proceedings in bankruptcy, orders or process of any court of competent jurisdiction, or circumstances over which the employer has no control.
103.86 History
History: 1993 a. 492.
103.87
103.87
Employe not to be disciplined for testifying. No employer may discharge an employe because the employe is subpoenaed to testify in an action or proceeding pertaining to a crime or pursuant to
ch. 48 or
938.On or before the first business day after the receipt of a subpoena to testify, the employe shall give the employer notice if he or she will have to be absent from employment because he or she has been subpoenaed to testify in an action or proceeding pertaining to a crime or pursuant to
ch. 48 or
938.If a person is subpoenaed to testify in an action or proceeding as a result of a crime, as defined in
s. 950.02 (1m), against the person's employer or an incident involving the person during the course of his or her employment, the employer shall not decrease or withhold the employe's pay for any time lost resulting from compliance with the subpoena. An employer who violates this section may be fined not more than $200 and may be required to make full restitution to the aggrieved employe, including reinstatement and back pay. Except as provided in this section, restitution shall be in accordance with
s. 973.20.
103.90(1)(a)
(a) A temporary condition created by an act of nature, demanding immediate action, which could not reasonably have been anticipated or prevented, and which is caused entirely by the forces of nature such as rain, lightning, hail, windstorm, tornado, sleet, frost or other similar natural phenomena.
103.90(1)(b)
(b) A sudden and temporary condition not covered under
par. (a) which reasonably could not have been anticipated or prevented and which requires immediate action to prevent serious damage to person or property.
103.90(2)
(2) "Employer" means a person engaged in planting, cultivating, raising, harvesting, handling, drying, packing, packaging, processing, freezing, grading or storing any agricultural or horticultural commodity in its unmanufactured state who employs a migrant worker.
103.90(3)(a)(a) "Migrant labor camp" means the site and all structures maintained as living quarters by, for or under the control and supervision of any person for:
103.90(3)(a)2.
2. Any other person who is not related by blood or marriage to his or her employer and who occasionally or habitually leaves an established place of residence to travel to another locality to accept seasonal employment in the planting, cultivating, raising, harvesting, handling, drying, packing, packaging, processing, freezing, grading or storing of any agricultural or horticultural commodity in its unmanufactured state.
103.90(3)(b)1.
1. Premises occupied by the employer as a personal residence and by no more than 2 migrant workers.
103.90(4)
(4) "Migrant labor contractor" means any person, who, for a fee or other consideration, on behalf of another person, recruits, solicits, hires, or furnishes migrant workers, excluding members of the contractor's immediate family, for employment in this state. "Migrant labor contractor" shall not include an employer or any full-time regular employes of an employer who engages in any such activity for the purpose of supplying workers solely for the employer's own operation.
103.90(5)(a)(a) "Migrant worker" or "worker" means any person who temporarily leaves a principal place of residence outside of this state and comes to this state for not more than 10 months in a year to accept seasonal employment in the planting, cultivating, raising, harvesting, handling, drying, packing, packaging, processing, freezing, grading or storing of any agricultural or horticultural commodity in its unmanufactured state.
103.90(5)(b)
(b) "Migrant worker" or "worker" does not include the following:
103.90(5)(b)1.
1. Any person who is employed only by a state resident if such resident or the resident's spouse is related to the worker as one of the following: child, parent, grandchild, grandparent, brother, sister, aunt, uncle, niece, nephew, or the spouse of any such relative.
103.90(5)(b)2.
2. A student who is enrolled or, during the past 6 months has been enrolled, in any school, college or university unless the student is a member of a family or household which contains a migrant worker.
103.90(5)(c)
(c) No more than 3 persons otherwise included in the definition under
par. (a) may be excluded under
par. (b) 1.
103.90 Annotation
"Sharecropping" or other agreements attempting to establish migrant worker as independent contractor violate migrant law.
71 Atty. Gen. 92.
103.905
103.905
Department's duties. The department shall:
103.905(2)
(2) Cooperate and enter into agreements with departments or agencies of this state or of the United States to coordinate, administer or enforce all other laws and programs designed to assist, serve or protect migrant workers.
103.905(3)
(3) Gather, compile and submit to the council on migrant labor data and information relative to
ss. 103.90 to
103.97.
103.905(4)
(4) Investigate, or cause to be investigated, any complaint filed with the department concerning any violation of
ss. 103.90 to
103.97, and during reasonable daylight hours, and upon notice to the employer or person in charge, enter and inspect any premises, inspect such records and make transcriptions thereof, question such persons, and investigate such facts, conditions, practices or matters as may be necessary or appropriate to determine whether a violation of such sections has been committed.
103.905(5)
(5) Enforce, or cause to be enforced,
ss. 103.90 to
103.97 and any rules promulgated under
ss. 103.90 to
103.97, and cooperate with other officers, departments, boards, agencies or commissions of this state, or of the United States, or of any other state, or of any local government in the enforcement of such sections.
103.905 History
History: 1977 c. 17.
