Chapter DWD 270

DWD 270.03 DWD 270.03 Required poster on hours minors may work. A summary of the provisions in s. DWD 270.11 shall be posted in a conspicuous place in all places of employment where minors are employed or permitted to work, except domestic and farm employments, on a form prescribed by the department.

DWD 270.03 Note Note: To obtain the required poster, contact Department of Workforce Development, Equal Rights Division, P.O. Box 8928, Madison, WI 53708-8928; telephone [phone]; or web site at http://dwd.wi.gov/er.

DWD 270.03 History History: CR 04-010: cr. Register November 2004 No. 587, eff. 12-1-04.

DWD 270.04 DWD 270.04 Definitions. In this chapter, the following words and phrases have the designated meanings unless a different meaning is expressly provided:

DWD 270.04(1) (1) “Charter school” has the meaning given in s. 115.001 (1), Stats.

DWD 270.04 Note Note: Section 115.001 (1), Stats., provides that “charter school” means “a school under contract with a school board under s. 118.40 or with one of the entities under s. 118.40 (2r)(b), or a school established and operated by one of the entities under s. 118.40 (2r)(b).”

DWD 270.04(2) (2) “Day” means a calendar day, except when a work shift commences in one calendar day and ends in the following day, all hours worked in that shift will count in the day the shift commenced.

DWD 270.04(3) (3) “Department” means the department of workforce development.

DWD 270.04(4) (4) “Employee” has meaning given in s. 103.001 (5), Stats.

DWD 270.04 Note Note: Section 103.001 (5), Stats., provides that “employee” means “any person who may be required or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any employment, or to go or work or be at any time in any place of employment.”

DWD 270.04(5) (5) “Employer” has the meaning given in s. 103.001 (6), Stats.

DWD 270.04 Note Note: Section 103.001 (6), Stats., provides that “employer” means “any person, firm, corporation, state, county, town, city, village, school district, sewer district, drainage district, family care district and other public or quasi-public corporations as well as any agent, manager, representative or other person having control or custody of any employment, place of employment of any employee.”

DWD 270.04(6) (6) “Employment” has the meaning given in s. 103.001 (7), Stats.

DWD 270.04 Note Note: Section 103.001 (7), Stats., provides that “employment” means “any trade, occupation or process of manufacture, or any method of carrying on such trade, occupation or process of manufacture in which any person may be engaged, except in such private domestic service as does not involve the use of mechanical power and in farm labor as used in sub. (12).”

DWD 270.04(7) (7) “Farming” has the meaning given in s. 102.04 (3), Stats.

DWD 270.04 Note Note: Note: Section 102.04 (3), Stats., provides: “As used in this chapter ‘farming’ means the operation of farm premises owned or rented by the operator. ‘Farm premises’ means areas used for operations herein set forth, but does not include other areas, greenhouses or other similar structures unless used principally for the production of food and farm plants. ‘Farmer’ means any person engaged in farming as defined. Operation of farm premises shall be deemed to be the planting and cultivating of the soil thereof; the raising and harvesting of agricultural, horticultural or arboricultural crops thereon; the raising, breeding, tending, training and management of livestock, bees, poultry, fur–bearing animals, wildlife or aquatic life, or their products, thereon; the processing, drying, packing, packaging, freezing, grading, storing, delivering to storage, to market or to a carrier for transportation to market, distributing directly to consumers or marketing any of the above–named commodities, substantially all of which have been planted or produced thereon; the clearing of such premises and the salvaging of timber and management and use of wood lots thereon, but not including logging, lumbering or wood cutting operations unless conducted as an accessory to other farming operations; the managing, conserving, improving and maintaining of such premises or the tools, equipment and improvements thereon and the exchange of labor, services or the exchange of use of equipment with other farmers in pursuing such activities. The operation for not to exceed 30 days during any calendar year, by any person deriving the person’s principal income from farming, of farm machinery in performing farming services for other farmers for a consideration other than exchange of labor shall be deemed farming. Operation of such premises shall be deemed to include also any other activities commonly considered to be farming whether conducted on or off such premises by the farm operator.”

DWD 270.04(8) (8) “General educational development test” has the meaning given in s. PI 5.02 (6).

DWD 270.04 Note Note: Section PI 5.02 (6) provides that “general educational development test” means “the test developed by the American Council on Education and administered in Wisconsin at testing sites approved by the state superintendent and the American Council on Education.”

DWD 270.04(9) (9) “Graduated from high school” has the meaning given in s. PI 5.02 (6m).

DWD 270.04 Note Note: Section PI 5.02 (6m) provides that “graduated from high school” means “for purposes of compulsory attendance under s. 118.15 (1) (a), Stats., means having received a diploma in satisfaction of school board requirements under s. 118.33, Stats., or a high school equivalency diploma under s. 115.29 (4) (a), Stats.”

DWD 270.04(10) (10) “High school equivalency diploma” means the diploma granted by the state superintendent under s. 115.29 (4), Stats., and ch. PI 5.

DWD 270.04(11) (11) “Home-schooled” means participating in a home-based private educational program as defined in s. 115.001 (3g), Stats.

DWD 270.04 Note Note: Section 115.001 (3g), Stats., provides that “home-based private educational program” means “a program of educational instruction provided to a child by the child’s parent or guardian or by a person designated by the parent or guardian. An instructional program provided to more than one family unit does not constitute a home-based private educational program.”

DWD 270.04(12) (12) “Permit officer” means any person designated by the department to issue child labor permits and certificates of age.

DWD 270.04(13) (13) “Place of employment” has the meaning given in s. 103.001 (12), Stats.

DWD 270.04 Note Note: Section 103.001 (12), Stats., provides that “place of employment” includes “every place, whether indoors or out or underground and the premises appurtenant thereto where either temporarily or permanently any industry, trade or business is carried on, or where any process or operation, directly or indirectly related to any industry, trade or business, is carried on, and where any person is, directly or indirectly, employed by another for direct or indirect gain or profit, but does not include any place where persons are employed in private domestic service which does not involve the use of mechanical power or in farming. ‘Farming’ includes those activities specified in s. 102.04 (3), and also includes the transportation of farm products, supplies or equipment directly to the farm by the operator of said farm or employees for use thereon, if such activities are directly or indirectly for the purpose of producing commodities for market, or as an accessory to such production.”

DWD 270.04(14) (14) “Public schools” has the meaning given in s. 115.01 (1), Stats.

DWD 270.04 Note Note: Section 115.01 (1), Stats., provides that “Public schools are the elementary and high schools supported by public taxation.”

DWD 270.04(15) (15) “Schooled at home” means enrolled in a public or private school but receiving instruction at home rather than the school by special arrangement.

DWD 270.04(16) (16) “Street trade” has the meaning given in s. 103.21 (6), Stats.

DWD 270.04 Note Note: Section 103.21 (6), Stats., provides that “street trade” means “the selling, offering for sale, soliciting for, collecting for, displaying or distributing any articles, goods, merchandise, commercial service, posters, circular, newspapers or magazines, or the blacking of boots, on any street or other public place or from house to house.”

DWD 270.04(17) (17) “Week” means a calendar week, except all hours worked in a shift commenced in a calendar week will count in that calendar week.

DWD 270.04(18) (18) “Welfare” has the meaning given in s. 103.001 (16), Stats.

DWD 270.04 Note Note: Section 103.001 (16), Stats., provides that “welfare” includes “comfort, decency and moral well-being.”

DWD 270.04 History History: CR 04-010: cr. Register November 2004 No. 587, eff. 12-1-04.

DWD 270.05 DWD 270.05 Child labor permits.

DWD 270.05(1) (1) Permits necessary for minors. Except as provided in sub. (2), no minor may be employed or permitted to work in any gainful occupation unless the minor first obtains from a permit officer a written permit authorizing the employment of the minor within those periods of time stated in the permit, which shall not exceed the hours prescribed by law.

DWD 270.05(2) (2) Exceptions. Child labor permits are not required in the following circumstances:

DWD 270.05(2)(a) (a) The minor will be working in street trades and has obtained a permit or is exempt under ss. 103.21 to 103.31, Stats.

DWD 270.05(2)(b) (b) The minor will be working in public exhibitions, radio and television broadcasts, or modeling and meets the requirements of s. 103.78, Stats.

DWD 270.05(2)(c) (c) The minor is 12 years or over and engaged in farming.

DWD 270.05(2)(d) (d) The minor is an apprentice and meets the requirements of s. 106.01, Stats.

DWD 270.05(2)(e) (e) The minor is 14 years or over and enrolled in a youth apprenticeship program under s. 106.13, Stats.

DWD 270.05(2)(f) (f) The minor will be working to fulfill the requirements of a deferred prosecution agreement pursuant to s. 938.245 (2) (a) 5. b., Stats.

DWD 270.05(2)(g) (g) The minor will be working to fulfill the requirements of a consent decree pursuant to s. 938.32 (1t) (a) 2., Stats.

DWD 270.05(2)(h) (h) The minor has been adjudged delinquent and will be working as part of a restitution project ordered pursuant to s. 938.34 (5) (b), Stats., or a supervised work program or other community service work pursuant to s. 938.34 (5g) (c), Stats.

DWD 270.05(2)(i) (i) The minor’s employment will be limited to work in or around a home in work usual to the home of the employer and the employment is not in connection with or a part of a business, trade, or profession of the employer.

DWD 270.05(3) (3) Method of issuing. Child labor permits may be obtained from any authorized permit officer throughout the state when all of the following are presented to the permit officer:

DWD 270.05(3)(a) (a) Evidence of the child’s age as provided in s. DWD 270.07.

DWD 270.05(3)(b) (b) Letter from the employer written on the regular letterhead or other business paper stating the intention of the employer to employ the minor; describing the job duties, hours of work, and time of day the minor will be working; and signed by the employer who desires to employ the minor or someone duly authorized by the employer.

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: