The alternative to proceeding with this rule is to do nothing, which would leave the unchanged provisions that are out-of-date in conflict with state statutes and federal regulations.
Detailed explanation of statutory authority for the rule, including the statutory citation and language
Sec. 103.66 (1) and (2), Wis. Stats., provides in part as follows:
"(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. . . ." (2) The department may investigate and fix reasonable classifications of employments and hours of employment for minors under 16 years of age and may issue general or special orders fixing for those minors maximum hours of employment per day and per week, maximum days of employment per week, hours at which employment may begin and end, and the duration of lunch and other rest periods as are necessary to protect the life, health, safety, and welfare of those minors. . . ."
Estimate of amount of time that state employees will spend developing the rule, and other resources necessary to develop the rule
The total amount of staff time is estimated to be 150 hours.
List with description of all entities that may be affected by the proposed rule
The proposed rule would affect employers or organizations that employ minors, school districts, parents, and volunteer child labor work permit offices.
Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule
The Fair Labor Standards Act establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State and local governments. The provisions under FLSA are designed to protect the educational opportunities of minors and prohibit their employment in jobs and under conditions detrimental to their health or well-being. 29 C.F.R. 570 regulates the child labor provisions under FLSA. The proposed rule will modify and update ch. DWD 270 to conform to standards specified by FLSA and 29 C.F.R. 570.
Anticipated economic impact of implementing the rule (note if the rule is likely to have an economic impact on small businesses)
The proposed rule will make regulatory compliance easier. The rule will not have a significant economic impact on a substantial number of small businesses.
Contact Person: Jim Chiolino, DWD Equal Rights Division
P. O. Box 8928, Madison WI 53708
(608) 266-3345
