103.65 History
History: 1971 c. 271.
103.65 Annotation
The plaintiff was in a class protected by a rule promulgated under this section; the court did not err in giving a "negligence per se" instruction. McGarrity v. Welch Plumbing Co.
104 Wis. 2d 414,
312 N.W.2d 37 (1981).
103.65 Annotation
The trial court erred in failing to hold as a matter of law that the employer's violation of child labor laws caused injury and that the defense of the child's contributory negligence was inapplicable to the case. D. L. v. Huebner,
110 Wis. 2d 581,
329 N.W.2d 890 (1983).
103.65 Annotation
An employer violating a child labor law is absolutely liable for resulting injuries to the minor, other employees, or frequenters of a place of employment. A driver on a public street may be a frequenter when the employment is in a street trade. Beard v. Lee Enterprises, Inc.
225 Wis. 2d 1,
591 N.W.2d 156 (1999),
96-3393.
103.65 Annotation
An occupation must be listed as a prohibited employment in rules adopted by DWD under s. 103.66 for there to be absolute liability. Perry v. Menomonee Mutual Insurance Co. 2000 WI App 215,
239 Wis. 2d 26,
619 N.W.2d 123,
00-0184.
103.65 Annotation
A minor who paid an entry fee to participate in a featured truck race at a raceway was not an employee of the raceway. Olson v. Auto Sport, Inc. 2002 WI App 206, 257 Wis. 2d. 298,
651 N.W.2d 328,
01-2938.
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.
103.66 Cross-reference
Cross-reference: See also ch.
DWD 270, Wis. adm. code.
103.66 Annotation
An occupation must be listed as a prohibited employment in rules adopted by DWD under s. 103.66 for there to be absolute liability. Perry v. Menomonee Mutual Insurance Co. 2000 WI App 215,
239 Wis. 2d 26,
619 N.W.2d 2d 123,
00-0184.
103.67
103.67
Minimum ages in various employments. 103.67(1)
(1) A minor 14 to 18 years of age may 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 a public exhibition as provided in
s. 103.78 and a minor 16 years of age or over may be employed as an election inspector as provided in
s. 7.30 (2) (am).
103.67(2)
(2) A minor under 14 years of age may not be employed or permitted to work in any gainful occupation at any time, except that a minor under 14 years of age may be employed or permitted to work as follows to the extent permitted under the federal Fair Labor Standards Act,
29 USC 201 to
219:
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, private schools, or tribal 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 farming.
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)(fm)
(fm) A minor 12 years of age or older may be employed by a nonprofit organization in and around the home of an elderly person or a person with a disability to perform snow shoveling, lawn mowing, leaf raking, or other similar work usual to the home of the elderly person or person with a disability, if all of the following apply:
103.67(2)(fm)1.
1. The work is not in connection with or a part of the business, trade, or profession of that person.
103.67(2)(fm)3.
3. The minor is paid the applicable minimum wage under
ch. 104 or under federal law, whichever is greater, for the work.
103.67(2)(fm)4.
4. The minor's parent or guardian provides the nonprofit organization with his or her written consent for the minor to perform the work.
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)(hm)
(hm) Minors 12 and 13 years of age may be employed under direct adult supervision as officials for athletic events sponsored by private, nonprofit organizations in which the minor would be eligible to participate or in which the participants are the same age as or younger than the minor.
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(2)(j)
(j) Minors under 14 years of age may be employed as participants in a restitution project under
s. 938.245 (2) (a) 5.,
938.32 (1t) (a),
938.34 (5), or
938.345, in a supervised work program or other community service work under
s. 938.245 (2) (a) 6.,
938.32 (1t) (b),
938.34 (5g),
938.343 (3), or
938.345, or in the community service component of a youth report center program under
s. 938.245 (2) (a) 9m.,
938.32 (1p),
938.34 (7j),
938.342 (1d) (c) or
(1g) (k),
938.343 (3m),
938.344 (2g) (a) 5.,
938.345, or
938.355 (6) (d) 5. or
(6m) (a) 4.
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 Cross-reference
Cross-reference: See also ch.
DWD 270, Wis. adm. code.
103.67 Annotation
An injured minor cannot be charged with contributory negligence when the child's employment is in violation of a child labor law. Tisdale v. Hasslinger,
79 Wis. 2d 194,
255 N.W.2d 314 (1977).
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, farm labor, or service as an election inspector under
s. 7.30 (2) (am) 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 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 Cross-reference
Cross-reference: See also ch.
DWD 270, Wis. adm. code.
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 employee 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 may not be employed or permitted to work at any gainful occupation or employment, unless employed under an apprentice contract under
s. 106.01, unless 12 years and over and engaged in farming, unless 14 years and over and enrolled in a youth apprenticeship program under
s. 106.13, or 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 may not exceed the maximum hours prescribed by law.
103.70(2)(a)(a) A minor may be employed without a permit in or 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; is in accordance with the minimum age stated in
s. 103.67 (2) (f); and is not specifically prohibited by
ss. 103.64 to
103.82 or by an order of the department.
103.70(2)(b)
(b) A minor may be employed without a permit by a nonprofit organization in and around the home of an elderly person or a person with a disability to perform snow shoveling, lawn mowing, leaf raking, or other similar work usual to the home of the elderly person or person with a disability, if all of the following apply:
103.70(2)(b)1.
1. The work is not in connection with or a part of the business, trade, or profession of that person and is in accordance with the minimum age stated in
s. 103.67 (2) (fm).
103.70(2)(b)3.
3. The minor is paid the applicable minimum wage under
ch. 104 or under federal law, whichever is greater, for the work.
103.70(2)(b)4.
4. The minor's parent or guardian provides the nonprofit organization with his or her written consent for the minor to perform the work.
103.70 Cross-reference
Cross-reference: See also ch.
DWD 270, Wis. adm. code.
103.70 Annotation
All enrollees of a federally sponsored and locally administered program were employees and were required to be covered by suitable work permits unless they were 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 or tribal 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 that a permit may be issued authorizing the employment of a minor under 14 years of age as follows to the extent permitted under the federal Fair Labor Standards Act,
29 USC 201 to
219:
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.
103.71 Cross-reference
Cross-reference: See also ch.
DWD 270, Wis. adm. code.
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 (1g) (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;
1997 a. 239.
103.72 Cross-reference
Cross-reference: See also ch.
DWD 270, Wis. adm. code.
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 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 promulgate rules governing the proof of age of minors who apply for labor permits that shall bind all persons authorized by law to issue such permits. In promulgating those rules, the department shall include a requirement that the department and its permit officers shall accept as evidence of a minor's age a duly attested birth certificate, a verified baptismal certificate, a valid operator's license issued under
ch. 343 that contains the photograph of the license holder or an identification card issued under
s. 343.50. Those rules shall also require the department and its permit officers to accept as evidence of a minor's age a valid operator's license issued under
ch. 343 that contains the photograph of the license holder or an identification card issued under
s. 343.50 without requiring proof that the minor's birth certificate or baptismal certificate cannot be secured.
103.73(1)(b)
(b) A letter written on the regular letterhead or other business paper used by the person who desires to employ the minor, stating the intention of the person to employ the minor and signed by the person or someone duly authorized by the person.
103.73(2)
(2) The permits provided under
s. 103.70 shall be issued upon forms furnished by the department.
103.73(3)
(3) A child labor permit duly issued shall be conclusive evidence of the age of the minor for whom it was issued in any proceeding under any of the labor laws and under
ch. 102, as to any act or thing occurring subsequent to the date such permit was issued.
