Chapter DWD 270

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.

DWD 270.11(1)(d)3. 3. A minor who is 12 or 13 years of age and assigned to a restitution project or community service work as listed in s. 103.67 (2) (j), Stats., may perform any duties under circumstances in which a minor 14 or 15 years of age is permitted as provided under this section and ss. DWD 270.12 and 270.13.

DWD 270.11(1)(d)4. 4. Subsection (1) (c) shall not apply to minors 16 and 17 years of age who are employed in first processing of perishable fruits and vegetables under the conditions in s. DWD 270.16.

DWD 270.11(1)(e) (e) Work experience program. Hours worked as part of a work experience program during school hours shall not count as part of the total permitted hours of work per day or per week.

DWD 270.11(2) (2) Time of day restrictions.

DWD 270.11(2)(a) (a) School and curfew. No minors may be employed during the hours they are required to attend school as defined in s. 118.15, Stats., nor contrary to local curfew ordinances establishing an earlier restriction.

DWD 270.11(2)(b) (b) 12 and 13 years of age. Minors 12 and 13 years of age may not be employed before 7:00 a.m. on any day, except they may not be employed before 5:00 a.m. if employed in farming. Minors 12 and 13 years of age may not be employed after 8:00 p.m. on days preceding school days and not later than 9:30 p.m. on days not preceding school days.

DWD 270.11(2)(c) (c) 14 and 15 years of age. Minors 14 and 15 years of age may not be employed before 7:00 a.m. on any day, except they may not be employed before 5:00 a.m. if employed in farming. Minors 14 and 15 years of age may not be employed after 8:00 p.m. on days preceding school days and not later than 11:00 p.m. on days not preceding school days.

DWD 270.11(2)(d) (d) 16 and 17 years of age.

DWD 270.11(2)(d)1. 1. During school weeks, minors 16 and 17 years of age may not be employed before 7:00 a.m. on school days or before 5:00 a.m. on non-school days, except the following:

DWD 270.11(2)(d)1.a. a. Minors 16 and 17 hears of age may not be employed before 5:00 a.m. on all days if employed in farming.

DWD 270.11(2)(d)1.b. b. Minors 16 and 17 years of age who are employed after 11:00 p.m. shall receive 8 consecutive hours of rest from the end of one shift to the beginning of the next shift.

DWD 270.11(2)(d)2. 2. During school weeks, minors 16 and 17 years of age may not be employed after 11:00 p.m. on days preceding school days nor after 12:30 a.m. on days not preceding school days.

DWD 270.11(2)(d)3. 3. During weeks in which minors 16 and 17 years of age are not required to attend school, they may be employed at any time of day. Between the hours of 12:30 a.m. and 5:00 a.m., they shall be under direct adult supervision and shall receive at least 8 consecutive hours of rest between the ending of work and the beginning of work the next day, except that adult supervision is not required if the minor is employed in farming.

DWD 270.11(2)(d)4. 4. This paragraph shall not apply to minors employed in the following occupations:

DWD 270.11(2)(d)4.a. a. Street trades or station captains or delivery clerks incidental to street trades.

DWD 270.11(2)(d)4.b. b. First processing of perishable fruits and vegetables if the minor is employed under the provisions of s. DWD 270.16.

DWD 270.11(3) (3) Meal periods. An employer of a minor shall allow a minor at least 30 minutes for each meal period reasonably close to the usual meal period time, namely 6:00 a.m.; 12:00 noon; 6:00 p.m.; 12:00 midnight or at other times deemed reasonable by the department. No minor may be employed or permitted to work more than 6 consecutive hours without a meal period.

DWD 270.11(4) (4) Graduates, living independently, and various types of schools.

DWD 270.11(4)(a) (a) Minors 16 and 17 years of age who have graduated from high school or have passed the general education development test are exempt from the limitations in this section and may be employed without restrictions on their hours of labor.

DWD 270.11(4)(b) (b) Minors 16 and 17 years of age who are living independently and supporting themselves; married under s. 765.02 (2), Stats., or the laws of another state; head of a household as defined in s. 71.01 (5m), Stats.; or enrolled in an accredited school designed to prepare the minor to pass the general education development test or obtain a high school equivalency diploma may work up to 40 hours per week during the weeks public schools are in session and up to 50 hours per week during non–school weeks. The daily hour limits under sub. (1) (c) and the time of day restrictions under sub. (2) (d) shall not apply.

DWD 270.11(4)(c) (c) Minors 16 and 17 years of age who are home-schooled or schooled at home may work up to 26 hours per calendar week during the weeks the public schools are in session or 32 hours per calendar week if the public schools are in session less than 5 days per week and up to 50 hours per calendar week during non–school weeks. The daily hour limits and time of day restrictions of sub. (2) (d) shall not apply to students who are home-schooled. The daily hour limits and time of day restrictions of sub. (2) (d) shall apply to students who are schooled at home.

DWD 270.11(4)(d) (d) Minors 12 to 15 years of age who are home-schooled or schooled at home may work they same hours as if they were enrolled in public school as provided in sub. (1) (a) and (b) and sub. (2) (a), (b), and (c).

DWD 270.11(4)(e) (e) Minors who are enrolled in a charter school may not work during hours they are scheduled to be in the charter school.

DWD 270.11 History History: CR 04-010: cr. Register November 2004 No. 587, eff. 12-1-04.

DWD 270.12 DWD 270.12 Hazardous occupations prohibited to all minors. The employment of minors in the following occupations or places of employment shall be deemed to be dangerous or prejudicial to the life, health, safety, or welfare of the minor and other employees or frequenters, except as provided in s. DWD 270.14. No employer may employ or permit any minor to work in the following occupations or places of employment:

DWD 270.12(1) (1) Adult bookstores. No minor may be employed in an adult bookstore.

DWD 270.12(2) (2) Amusement parks, ski hills, street carnivals, and traveling shows.

DWD 270.12(2)(a) (a) Prohibition. No minor may be employed in operating, assisting to operate, erecting, dismantling, setting up, adjusting, repairing, oiling, or cleaning of any rides or machinery, or the loading or unloading of passengers, in the operation of amusement park rides, ski hills, street carnivals, or traveling shows.

DWD 270.12(2)(b) (b) Definitions. For the purpose of this subsection:

DWD 270.12(2)(b)1. 1. “Amusement park ride” means a device or animal that carries, transports, or supports passengers in unusual, entertaining, or thrilling modes of motion and any vehicle providing entertainment or transportation in conjunction with an amusement park ride, including, but not limited to, rider-powered and power-driven thrill rides, mild rides, ride-throughs, walk-throughs, air pillows, giant slides, water slides, and animal rides. Vehicles include parking lot trams, old fire engines, stage coaches, and trains. “Amusement park ride” does not include aircraft under the jurisdiction of the federal aviation administration, railroad trains under the jurisdiction of the federal railroad administration, or boats used on navigable waters.

DWD 270.12(2)(b)2. 2. “Water slide” means a slide that incorporates a flow of water intended to carry a rider down a flume and that is required under s. ATCP 76.23 (1) (d) to have an attendant stationed at the entrance to enforce slide usage rules. “Water slide” does not include a slide that meets all of the following conditions:

DWD 270.12(2)(b)2.a. a. The slide is less than or equal to 6 feet high as measured vertically from the slide entrance to the deck.

DWD 270.12(2)(b)2.b. b. The user has a clear view of the landing area when measured from the slide entrance at a height of 43 inches.

DWD 270.12(2)(b)2.c. c. The flume carries less than 100 gallons per minute of water.

DWD 270.12(2)(c) (c) Exception. Minors 16 and 17 years of age may be employed in occupations involving the loading or unloading of passengers on water slides.

DWD 270.12(3) (3) Asbestos, chrysotile, crocidolite, amosite, tremolite, anthophyllite, and actinolite. No minor may be employed in occupations or duties involving exposure to asbestos, chrysotile, crocidolite, amosite, tremolite, anthophyllite, or actinolite.

DWD 270.12(4) (4) Bakery machines. No minor may be employed in the following duties related to the operation of power–driven bakery machines:

DWD 270.12(4)(a) (a) Operating, assisting to operate, setting up, adjusting, repairing, oiling, or cleaning any horizontal or vertical dough mixer; batter mixer; bread dividing, rounding, or molding machine; doughbrake; dough sheeter; combination bread slicing and wrapping machine; or cake cutting band saw.

DWD 270.12(4)(b) (b) Setting up or adjusting a cookie or cracker machine.

DWD 270.12(5) (5) Bingo. No minor may be employed in conducting or assisting in the operation of a bingo game.

DWD 270.12 Note Note: See s. 563.51 (13)(b), Stats.

DWD 270.12(6) (6) Brick, tile, and similar products.

DWD 270.12(6)(a) (a) Prohibitions and exceptions. No minor may be employed in the following occupations involved in the manufacture of clay construction products and of silica refractory products:

DWD 270.12(6)(a)1. 1. All work in or about establishments in which clay construction products are manufactured, except work in storage and shipping; work in offices, laboratories, and storerooms; and work in the drying departments of plants manufacturing sewer pipe.

DWD 270.12(6)(a)2. 2. All work in or about establishments in which silica brick or other silica refractories are manufactured, except work in offices.

DWD 270.12(6)(b) (b) Definitions. In this subsection:

DWD 270.12(6)(b)1. 1. “Clay construction products” means the following clay products: Brick, hollow structural tile, sewer pipe and similar products, refractories, and other clay products such as architectural terra cotta, glazed structural tile, roofing tile, stove lining, chimney pipes and tops, wall coping, and drain tile.

DWD 270.12(6)(b)2. 2. “Clay construction products” does not include the following: