Chapter DWD 270

DWD 270.05(3)(c) (c) Letter from the minor’s parent, guardian, or court–ordered foster parent consenting to the employment or a countersignature of the parent, guardian, or foster parent on the employer’s letter.

DWD 270.05(3)(d) (d) The minor’s social security card or proof that the minor has voluntarily opted out of the social security system.

DWD 270.05(3)(e) (e) Payment of the permit fee. Payment of the fee is the responsibility of the employer. If the minor advances the fee, the employer shall reimburse the minor no later than the first paycheck.

DWD 270.05(4) (4) Permit form.

DWD 270.05(4)(a) (a) The permit shall be issued upon a form furnished by the department. The original shall be distributed to the employer and copies shall be distributed to the minor, the department, the permit officer, and the school district that the minor attends.

DWD 270.05(4)(b) (b) At the end of each month, the issuing office shall forward a copy of each permit issued in that month to the public school district the minor attends or to the private or parochial school the minor attends. This paragraph does not apply to permits issued for summer employment or for out–of–state students.

DWD 270.05(5) (5) Refusal, revocation, or suspension of permits.

DWD 270.05(5)(a) (a) The 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. The permit officer may also refuse to grant a permit if in the permit officer’s judgment the best interests of the minor would be served by the refusal.

DWD 270.05(5)(b) (b) The department may revoke or suspend any permit immediately, without prior notice, whenever any of the following apply:

DWD 270.05(5)(b)1. 1. The permit has been improperly or illegally issued.

DWD 270.05(5)(b)2. 2. The physical or moral welfare or school attendance of the minor would be best served by the revocation or suspension of the permit.

DWD 270.05(5)(b)3. 3. The failing school performance of the minor would be remedied by the revocation of the permit.

DWD 270.05(5)(c) (c) The department may revoke or suspend any permit under par. (b) 2. or 3. if requested in writing by the school principal or the minor’s parent, legal guardian, or court–ordered foster parent. The requesting party shall demonstrate that there has been some attempt to resolve the issue between the minor, school, parent or guardian, and employer before the request for revocation or suspension is made to the department.

DWD 270.05(5)(d) (d) The department shall revoke a permit if ordered to do so under s. 938.342 (1g) (e), Stats.

DWD 270.05(5)(e) (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. Upon receipt of the notice, the employer of the minor shall immediately return the revoked permit to the department and discontinue the employment of the minor.

DWD 270.05 History History: CR 04-010: cr. Register November 2004 No. 587, eff. 12-1-04.

DWD 270.06 DWD 270.06 Certificate of age.

DWD 270.06(1) (1) Optional certificate of age. Age certificates may be issued to persons 18 years of age and over. The certificate is conclusive evidence of the age of the person to whom issued in any proceeding under any of the state labor laws as to any act or thing occurring subsequent to the date the certificate was issued.

DWD 270.06(2) (2) Method of issuing.

DWD 270.06(2)(a) (a) Certificates of age may be obtained from an authorized permit officer throughout the state.

DWD 270.06(2)(b) (b) The issuing permit officer shall require the applicant to present evidence of age as provided in s. DWD 270.07.

DWD 270.06(2)(c) (c) The certificate of age shall be issued on a form furnished by the department. The form shall be signed by the permit officer and the applicant in the presence of the permit officer.

DWD 270.06(2)(d) (d) The original copy shall be delivered to the applicant. The permit officer shall attach a copy of the certificate to the evidence of age under s. DWD 270.07 and maintain a copy in the permit officer’s files. In addition, the permit officer shall send a copy of the certificate of age and evidence of age to the department.

DWD 270.06 History History: CR 04-010: cr. Register November 2004 No. 587, eff. 12-1-04.

DWD 270.07 DWD 270.07 Evidence of age for child labor permits and certificates of age. A permit officer shall accept any of the following items as evidence of age for a child labor permit required under s. 103.73 (1) (a), Stats., a certificate of age allowed under s. 103.75, Stats., or a street trade permit required under s. 103.25, Stats.:

DWD 270.07(1) (1) Wisconsin driver’s license or state ID. A valid Wisconsin operator’s license issued under ch. 343, Stats., that contains the photograph of the license holder or an identification card issued under s. 343.50, Stats.

DWD 270.07(2) (2) Birth certificate. A birth certificate issued by a registrar of vital statistics or other officer charged with the duty of recording births or a certified record of birth from the hospital in which the birth occurred.

DWD 270.07(3) (3) Baptismal certificate. A baptismal certificate including the minor’s name, date of birth, date and place of baptism, name of church, and the signature of officiating or issuing clergy.

DWD 270.07(4) (4) Other evidence. When the evidence of age in subs. (1) to (3) are not attainable, any of the following may be used as evidence of age:

DWD 270.07(4)(a) (a) Government records that show the age of the minor, including a passport or a certificate of arrival in the United States issued by United States immigration officers.

DWD 270.07(4)(b) (b) A life insurance policy that is at least one year old and is supported by the age indicated in a school record.

DWD 270.07(4)(c) (c) School records, preferably from the first school attended, with a parent’s, guardian’s, or custodian’s statement of age, and physician’s statement of physical age.

DWD 270.07(4)(d) (d) When none of the above forms of evidence of age are obtainable, proof of age may be established through circuit court as provided in s. 889.28, Stats.

DWD 270.07(5) (5) Evidence of identity if name change. A marriage license or other certificate or legal document shall be required in addition to the evidence of age if the minor’s current name is different from the name on the evidence of age.

DWD 270.07 History History: CR 04-010: cr. Register November 2004 No. 587, eff. 12-1-04.

DWD 270.08 DWD 270.08 Fees for permit and certificate of age. The fee for issuing each child labor permit or certificate of age shall be $5.00. The permit officer may retain $2.50 of the fee as compensation for services. The permit officer shall forward $2.50 of the fee to the department to cover the cost of administration, materials, and supervision.

DWD 270.08 History History: CR 04-010: cr. Register November 2004 No. 587, eff. 12-1-04.

DWD 270.09 DWD 270.09 Permanent records to be kept by the employer.

DWD 270.09(1) (1) Every employer shall keep payroll or other records for each of their employees that contain the following information about the employee for at least 3 years:

DWD 270.09(1)(a) (a) Name and address.

DWD 270.09(1)(b) (b) Date of birth.

DWD 270.09(1)(c) (c) Date of entering and leaving employment.

DWD 270.09(1)(d) (d) Time of beginning and ending of work each day.

DWD 270.09(1)(e) (e) Time of beginning and ending of meal periods. When employee’s meal periods are required or when the meal periods are to be deducted from work time, this requirement shall not apply when work is of such a nature that production or business activity ceases on a regularly scheduled basis.

DWD 270.09(1)(f) (f) Total number of hours worked per day and per week.

DWD 270.09(1)(g) (g) Rate of pay and wages paid each payroll period.

DWD 270.09(1)(h) (h) The amount of and reason for each deduction from the wages earned.

DWD 270.09(1)(i) (i) Output of employee, if paid on other than time basis.

DWD 270.09(2) (2) The required records or a duplicate copy shall be kept safe and accessible at the place of employment or business at which the employee is employed or at one or more established central record-keeping offices in the state of Wisconsin.

DWD 270.09(3) (3) The required records shall be made available for inspection and transcription by a duly authorized deputy of the department during the business hours generally observed by the office at which they are kept or in the community generally.

DWD 270.09 History History: CR 04-010: cr. Register November 2004 No. 587, eff. 12-1-04.

DWD 270.10 DWD 270.10 Minimum ages in various employments.

DWD 270.10(1) (1) 14 years of age and older. A minor who is 14 years of age or older may not be employed during the hours that the minor is required to attend school under s. 118.15, Stats., unless the minor has graduated from high school, passed the general education development test, or is participating in an approved high school or vocational school work training or work experience program for which proper scholastic credit is given, except that any minor may be employed in public exhibitions as provided in s. 103.78, Stats.

DWD 270.10(2) (2) Under 14 years of age. 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:

DWD 270.10(2)(a) (a) School lunch. Minors 12 years of age or older may be employed in school lunch programs of the school that they attend.

DWD 270.10(2)(b) (b) Public exhibitions. Minors under 14 years of age may be employed in public exhibitions as provided in s. 103.78, Stats.

DWD 270.10(2)(c) (c) Street trades and fundraising. 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, or private schools, as provided in ss. 103.21 to 103.31, Stats.

DWD 270.10(2)(d) (d) Caddies on golf courses. Minors 12 and 13 years of age may be employed as caddies on golf courses, if they use caddy carts.

DWD 270.10(2)(e) (e) Farming. Minors 12 years of age or older may be employed in farming.

DWD 270.10(2)(f) (f) Domestic employment. 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, Stats., or this chapter.

DWD 270.10(2)(g) (g) Parents or guardians employing their own children. 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 if the minor would otherwise not be prohibited from being employed in the same job at age 14.

DWD 270.10(2)(h) (h) Football sideline officials. Minors 12 and 13 years of age may be employed as sideline officials to operate chains and the sideline marker for high school football games.

DWD 270.10(2)(i) (i) Officials for privately-sponsored athletic events. 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.

DWD 270.10(2)(j) (j) Football ball monitors. Minors 11 to 13 years of age may be employed as ball monitors at high school football games and practices.

DWD 270.10(2)(k) (k) Restitution or community service. 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, Stats., 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, Stats., 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., Stats.

DWD 270.10 History History: CR 04-010: cr. Register November 2004 No. 587, eff. 12-1-04.

DWD 270.11 DWD 270.11 Hours of labor of minors. The following schedule of hours modifies s. 103.68, Stats., as provided under s. 103.66, Stats., and shall be deemed to be necessary to protect minors from employment dangerous or prejudicial to their life, health, safety, or welfare:

DWD 270.11(1) (1) Number of hours restrictions.

DWD 270.11(1)(a) (a) 12 and 13 years of age.

DWD 270.11(1)(a)1. 1. Minors 12 and 13 years of age may not be employed more than 6 days per week, except in street trades and farming.

DWD 270.11(1)(a)2. 2. Minors 12 and 13 years of age may not be employed more than 4 hours per school day, except on the last school day of the week. They may not be employed more than 8 hours per day on the last school day of the week and on non–school days.

DWD 270.11(1)(a)3. 3. Minors 12 and 13 years of age may not be employed more than 18 hours per calendar week during weeks in which their school is in session 5 days per week. They may not be employed more than 24 hours per calendar weeks in which their school is in session fewer than 5 days per week.

DWD 270.11(1)(a)4. 4. Minors 12 and 13 years of age may not be employed more than 8 hours per day or 40 hours per calendar week during weeks that they are not required to attend school on any day of the calendar week.

DWD 270.11(1)(b) (b) 14 and 15 years of age.

DWD 270.11(1)(b)1. 1. Minors 14 and 15 years of age may not be employed more than 6 days per week, except in street trades and farming.

DWD 270.11(1)(b)2. 2. Minors 14 and 15 years of age may not be employed more than 4 hours per day on school days, except the last school day of the week. They may not be employed more than 8 hours per day on the last school day of the week and non–school days.

DWD 270.11(1)(b)3. 3. Minors 14 and 15 years of age may not be employed more than 18 hours per calendar week during weeks in which their school is in session. They may not be employed more than 24 hours per calendar week during weeks that their school is in session for fewer than 5 days per week.

DWD 270.11(1)(b)4. 4. Minors 14 and 15 years of age may not be employed more than 8 hours per day or more than 40 hours per calendar week during the weeks in which they are not required to attend school on any day of the calendar week.

DWD 270.11(1)(c) (c) 16 and 17 years of age.

DWD 270.11(1)(c)1. 1. Minors 16 and 17 years of age may not be employed more than 6 days per week, except in street trades, farming, canning and freezing establishments, and as station captains or delivery clerks incidental to street trades.

DWD 270.11(1)(c)2. 2. Minors 16 and 17 years of age may not be employed more than 5 hours per day on school days, except the last school day of the calendar week. They may not be employed more than 8 hours per day on the last school day of the calendar week and on non–school days.

DWD 270.11(1)(c)3. 3. Minors 16 and 17 years of age may not be employed more than 26 hours per week during calendar weeks that their school is in session. They may not be employed more than 32 hours per week during calendar weeks in which their school is in session less than 5 days per week.

DWD 270.11 Note Note: See the definition of “day” in s. DWD 270.04 (2) and “week” in s. DWD 270.04 (17).

DWD 270.11(1)(c)4. 4. Minors 16 and 17 may be employed no more than 50 hours per week during the weeks in which they are not required to attend school on any day of the week, if the employer pays whichever is the greater of the following:

DWD 270.11(1)(c)4.a. a. Time and one–half their regular rate of pay for all overtime hours worked over 10 hours per day or over 40 hours per regularly reoccurring period of 168 hours.

DWD 270.11(1)(c)4.b. b. Overtime as provided under the employer’s pay plan to other workers.

DWD 270.11(1)(d) (d) Exceptions.

DWD 270.11(1)(d)1. 1. Florists may employ minors 16 and 17 years of age in excess of the permitted hours of labor per day and per week on a voluntary basis during the 3–day period prior to Valentine’s Day, Easter, Mother’s Day, Memorial Day, and Christmas. During these peak periods, time and one–half the regular rate of pay shall be paid for all overtime hours worked per day or per week to minors 16 and 17 years of age working over 8 hours a day, 40 hours a week during the hours they are not required to attend school when their respective school is in session. This paragraph does not exempt florists employing minors from complying with the time–of–day restrictions specified in sub. (2) (d).

DWD 270.11(1)(d)2. 2. Minors 14 through 17 years of age may be employed in farming in excess of the permitted hours of labor per week during peak periods, as determined on a case-by-case basis. During these peak periods, time and one–half the regular rate of pay shall be paid for all over–time hours worked over 50 hours per week. Minors 14 through 17 years of age may work over the permitted hours of labor of 50 hours a week during the hours they are not required to attend school when their school is in session.