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 employee 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) Employees 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 employees 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 employees 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
Employee welfare funds: default in payments. 103.86(1)(1) Any employer who promises in writing to make payments to an employee welfare fund, either by contract with an individual employee, by a collective bargaining agreement or by agreement with such employee 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
Employee not to be disciplined for testifying. No employer may discharge an employee because the employee 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 employee 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 employee'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 employee, 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, marriage or adoption 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 employees 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 a migrant worker as an 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.
103.91
103.91
Migrant labor contractors. 103.91(1)
(1)
Registration required. No person may engage in activities as a migrant labor contractor without first obtaining a certificate of registration from the department. The certificate shall constitute a permit from this state to operate as a migrant labor contractor, and shall not be transferable to any person.
103.91(2)(a)(a) A migrant labor contractor shall apply to the department for a certificate in such manner and on such forms as the department prescribes. The migrant labor contractor may submit a copy of a federal application filed under
7 USC 2045 in lieu of the forms prescribed by the department under this paragraph.
103.91(2)(b)1.1. Except as provided in
subd. 2m., the department shall require each applicant for a certificate under
par. (a) who is an individual to provide the department with the applicant's social security number, and shall require each applicant for a certificate under
par. (a) who is not an individual to provide the department with the applicant's federal employer identification number, when initially applying for or applying to renew the certificate.
103.91(2)(b)2.
2. If an applicant who is an individual fails to provide the applicant's social security number to the department or if an applicant who is not an individual fails to provide the applicant's federal employer identification number to the department, the department may not issue or renew a certificate under
par. (a) to or for the applicant unless the applicant is an individual who does not have a social security number and the applicant submits a statement made or subscribed under oath or affirmation as required under
subd. 2m.
103.91(2)(b)2m.
2m. If an applicant who is an individual does not have a social security number, the applicant shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department. A certificate issued under
par. (a) in reliance upon a false statement submitted under this subdivision is invalid.
103.91(2)(b)3.
3. The subunit of the department that obtains a social security number or a federal employer identification number under
subd. 1. may not disclose the social security number or the federal employer identification number to any person except to the department of revenue for the sole purpose of requesting certifications under
s. 73.0301 or on the request of the subunit of the department that administers the child and spousal support program under
s. 49.22 (2m).
103.91(3)
(3) Annual fees. Each certificate shall be renewed annually. The fee for the certificate or renewal shall be in an amount determined by the department.
103.91(4)(a)(a) The department may refuse to issue a certificate and may suspend or revoke any certificate previously issued whenever it finds that the applicant or registrant has:
103.91(4)(a)1.
1. Made a material misrepresentation or false statement in his or her application for a certificate.
103.91(4)(b)
(b) The department shall deny, suspend, restrict, refuse to renew or otherwise withhold a certificate of registration under
sub. (1) for failure of the applicant or registrant to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or for failure of the applicant or registrant to comply, after appropriate notice, with a subpoena or warrant issued by the department or a county child support agency under
s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under
s. 49.857. Notwithstanding
s. 103.005 (10), an action taken under this paragraph is subject to review only as provided in the memorandum of understanding entered into under
s. 49.857 and not as provided in
ch. 227.
103.91(4)(c)
(c) The department shall deny an application for the issuance or renewal of a certificate under
sub. (1), or revoke such a certificate already issued, if the department of revenue certifies under.
s. 73.0301 that the applicant or registrant is liable for delinquent taxes. Notwithstanding
s. 103.005 (10), an action taken under this paragraph is subject to review only as provided under
s. 73.0301 (5) and not as provided in
ch. 227.
103.91(5)
(5) Real party in interest. The department may refuse to issue a certificate, and may suspend or revoke any certificate previously issued, whenever it determines that the real party in interest in any such application or certificate is a person who previously has applied for and has been denied a certificate, or is a person who previously had been issued a certificate which subsequently was revoked or suspended by the department.
103.91(6)
(6) Penalties. Refusal to issue or to renew a certificate or the suspension or revocation of a certificate or renewal shall be in addition to any other penalties imposed.
103.91(7)
(7) Agents exempt from registration. A full-time employee of any person holding a valid certificate under
ss. 103.90 to
103.97 who has been designated as agent of the registrant and who is employed partly or solely for the purpose of engaging in activities as a migrant labor contractor on behalf of the registrant, shall not be required to obtain a certificate in his or her own name under this section. Every such agent shall have in his or her immediate possession, when engaging in activities as a migrant labor contractor, such identification as the department may require, showing such employee to be an agent of a registrant. Every agent shall be subject to
ss. 103.90 to
103.97 and any rules promulgated under such sections to the same extent as if the agent were required to obtain a certificate in his or her own name. The department shall require that every registrant identify to the department all persons who have been, or who subsequently become, agents of the registrant, and may disallow, suspend or revoke the designation as agent of any person pursuant to the qualifications of registrants required by this section. For the purposes of
ss. 103.90 to
103.97, every registrant shall be responsible for the activities of every agent designated by him or her, and shall be subject to any penalties, including the refusal, suspension or revocation of a certificate, proceeding from any act of any agent so designated, while the agent is engaged in activities as a migrant labor contractor. No agent shall be permitted separately to engage in activities as a migrant labor contractor.
103.91(8)
(8) Duties. Every person engaged in activities as a migrant labor contractor and every agent of a migrant labor contractor shall:
103.91(8)(a)
(a) Carry at all times the certificate or other identification of such certification as the department may prescribe, and exhibit the same to all persons with whom he or she intends to deal as a migrant labor contractor prior to so dealing.
