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
s. 104.035 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.
103.73 Cross-reference
Cross-reference: See also ch.
DWD 270, Wis. adm. code.
103.74
103.74
Duties of employers of minors. Every employer employing a minor under 18 for whom a permit is required, except in street trades, shall:
103.74(1)
(1) Receive and file a child labor permit authorizing employment of the minor by him or her before the minor is permitted to do any work, and shall keep the permit on file and allow inspection of the permit at any time by the department or any school attendance officer. A permit shall be valid only for the employer for whom issued.
103.74(2)
(2) Keep a record for each employed minor's name, address, date of birth, the time of beginning and ending work and the time for meals each day and the total hours worked each day and each week.
103.75
103.75
Certificates of age. 103.75(1)
(1) The department or persons designated by the department may issue certificates of age for minors under rules the department deems necessary. In issuing a certificate of age for a minor, the department or person designated by the department shall accept as evidence of the minor's age the evidence specified in
s. 103.73 (1) (a) in the manner specified in
s. 103.73 (1) (a). The certificate is conclusive evidence of the age of the minor to whom 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 the certificate was issued.
103.75(2)
(2) Any person who knowingly offers or assists in offering false evidence of age for the purpose of obtaining an age certificate or who alters, forges, fraudulently obtains, uses, or refuses to surrender upon demand of the department a certificate of age may be fined not more than $100 or imprisoned not to exceed 3 months.
103.75 Cross-reference
Cross-reference: See also ch.
DWD 270, Wis. adm. code.
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, 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 shall be produced and filed with the court. Upon proof that the birth certificate, baptismal certificate, operator's license or identification card cannot be secured, the record of age stated in the first school enrollment of the child shall be admissible as evidence of the minor's age.
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.
103.79
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 employee 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.
103.79 Cross-reference
Cross-reference: See also ch.
DWD 270, Wis. adm. code.
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 or a permit officer shall collect a fee in the amount of $10 for issuing permits under
ss. 103.25 and
103.71 and certificates of age under
s. 103.75. A person designated to issue permits and certificates of age who is not on the payroll of the division administering this chapter may retain $2.50 of that fee as compensation for the person's services and shall forward $7.50 of that fee to the department, which shall deposit that amount forwarded in the general fund and credit $5 of that amount forwarded to the appropriation account under
s. 20.445 (1) (gk). A person designated to issue permits and certificates of age who is on the payroll of the division administering this chapter shall forward that fee to the department, which shall deposit that fee in the general fund and credit $5 of that fee to the appropriation account under
s. 20.445 (1) (gk). 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 Cross-reference
Cross-reference: See also ch.
DWD 270, Wis. adm. code.
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.
