Chapter DWD 272

DWD 272.03(2)(g)3. 3. Under employment agreements requiring tips to be turned over or credited to the employer to be treated by them as part of their gross receipts, it is clear that the employer must pay the employee the full minimum hourly wage, since for all practical purposes the employee is not receiving tip income.

DWD 272.03(2)(h) (h) Overtime payments. When overtime is worked by a tipped employee who is subject to the overtime pay of ch. DWD 274, their regular rate of pay is determined by dividing their total remuneration for employment in any workweek by the total number of hours actually worked by them in that workweek for which such compensation was paid. A tipped employee’s regular rate of pay includes the amount of tip credit taken by the employer, and the cash wages including commissions and certain bonuses paid by the employer. Any tips received by the employee in excess of the tip credit need not be included in the regular rate. Such tips are not payments made by the employer to the employee as remuneration for employment within the meaning of ch. DWD 274.

DWD 272.03(3) (3) Allowance for board and lodging. This subsection is effective on July 24, 2009. Where board or lodging or both are furnished by the employer in accordance with s. DWD 272.04, and accepted and received by a particular employee, an allowance may be made not to exceed the following amounts:

DWD 272.03(3)(a) (a) Lodging.

DWD 272.03(3)(a)1. 1. All employees except opportunity and minor employees $58.00 per week or $8.30 per day.

DWD 272.03(3)(a)2. 2. Minor employees $58.00 per week or $8.30 per day.

DWD 272.03(3)(a)3. 3. Opportunity employees $47.20 per week or $6.75 per day.

DWD 272.03(3)(b) (b) Meals.

DWD 272.03(3)(b)1. 1. All employees except opportunity and minor employees $87.00 per week or $4.15 per meal.

DWD 272.03(3)(b)2. 2. Minor employees $87.00 per week or $4.15 per meal.

DWD 272.03(3)(b)3. 3. Opportunity employees $70.80 per week or $3.35 per meal.

DWD 272.03(3m) (3m) Allowance for board and lodging. This subsection is in effect from June 1, 2006, to July 23, 2009. Where board or lodging or both are furnished by the employer in accordance with s. DWD 272.04, and accepted and received by a particular employee, an allowance may be made not to exceed the following amounts:

DWD 272.03(3m)(a) (a) Lodging.

DWD 272.03(3m)(a)1. 1. All employees except opportunity and minor employees $52.00 per week or $7.40 per day.

DWD 272.03(3m)(a)2. 2. Opportunity and minor employees $47.20 per week or $6.75 per day.

DWD 272.03(3m)(b) (b) Meals.

DWD 272.03(3m)(b)1. 1. All employees except opportunity and minor employees $78.00 per week or $3.70 per meal.

DWD 272.03(3m)(b)2. 2. Opportunity and minor employees $70.80 per week or $3.35 per meal.

DWD 272.03(4) (4) Board and lodging, value. Where board, lodging or other necessities of life, are furnished by the employer, in accordance with s. DWD 272.04, and accepted and received by the employee or their spouse or both, minor children or other dependents, an allowance may be made, not to exceed the “fair value” of such necessities on the basis of average cost to the employer, or to groups of employers similarly situated, or average values to groups of employees or other appropriate measures of fair value.

DWD 272.03(5) (5) Payment of wages on other than time basis. Where payment of wages is made upon a basis or system other than time rate, the actual wage paid per payroll period shall not be less than provided for in this order.

DWD 272.03(6) (6) Homework. Wages paid to homeworkers shall be not less than the rates prescribed in this order.

DWD 272.03(7) (7) Determination of compliance. The payroll period shall be taken as the unit of determining compliance with the minimum rates prescribed in this order.

DWD 272.03(8) (8) Proof of previous employment. An employee is responsible for providing the proof of previous employment necessary to determine whether the person is a probationary employee. An employer shall not be liable for a violation of this section if the violation is caused by the employer’s good faith reliance of the proof presented by an employee under this subsection.

DWD 272.03 History History: Cr. Register, July, 1978, No. 271, eff. 8-1-78; am. (1) and (2) (a), Register, August, 1987, No. 380, eff. 9-1-87; am. (1), (2) (a) and (3), Register, June, 1989, No. 402, eff. 7-1-89; am. (1), (2) (intro.) and (3) cr. (8), Register, March, 1990, No. 411, eff. 4-1-90; am. (1), (2) (a) and (3), Register, February, 1992, No. 434, eff. 3-1-92; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1996, No. 482; r. and recr. (1), (2) (a) and (3), cr. (1m) and (3m), Register, May, 1997, No. 497, eff. 6-1-97; emerg. cr. (1) (b), (1m) (b), (2) (b), am. (3) and (3m), eff. 5-31-97; cr. (1) (b), (1m) (b), (2) (am), am. (3), (3m), Register, September, 1997, No. 501, eff. 10-1-97; emerg. am. (1) and (3), r. (1m) and (3m) eff. 6-1-05; CR 05-056: am. (1), (1m), (3) and (3m) Register August 2005 No. 596, eff. 11-1-05; CR 08-069: r. and recr. (1) and (3), am. (1m) (intro.) and (3m) (intro.) Register February 2009 No. 638, eff. 3-1-09.

DWD 272.04 DWD 272.04 Deductions for meals and lodging.

DWD 272.04(1) (1) A meal means an adequate well-balanced serving of a variety of wholesome and nutritious foods.

DWD 272.04(1)(a) (a) Deductions may be made only for bona fide meals consistent with employee’s work shift. No deductions shall be made or credit given for meals not eaten except in employments where weekly room and board is provided and accepted.

DWD 272.04(1)(b) (b) An employer shall not require that meals be accepted as part payment of wages.

DWD 272.04(1)(c) (c) Employer must pay all employees for “on duty” meal periods. Such periods are to be counted as work time. An “on duty” meal period is one where the employer does not provide at least 30 minutes free from work. Any meal period where the employee is not free to leave the premises of the employer will also be considered an “on duty” meal period.

DWD 272.04(1)(d) (d) Authorized rest periods or breaks of less than 30 consecutive minutes per shift shall be counted as work time for which there shall be no deduction from wages.

DWD 272.04(1)(e) (e) Whenever a collective bargaining agreement exists, the department may consider the written application of labor and management for a waiver or modification to the requirements of par. (c) or (d), based upon practical difficulties or unnecessary hardship in compliance. If the department determines that compliance with par. (c) or (d) is unjust or unreasonable and that granting a waiver or modification will not be dangerous or prejudicial to the life, health, safety or welfare of the employees, the department may grant a waiver or modification.

DWD 272.04(2) (2) Lodging means living accommodations which are adequate, decent and sanitary, according to usual and customary standards. Employees shall not be required to share a bed.

DWD 272.04(3) (3) Room and board deductions may not be made from the wages of a seasonal non-resident agricultural employee that would result in the employee receiving less than the prescribed minimum rate.

DWD 272.04 History History: Cr. Register, July, 1978, No. 271, eff. 8-1-78; cr. (1) (e), Register, February, 1992, No. 434, eff. 3-1-92.

DWD 272.05 DWD 272.05 Agriculture.

DWD 272.05(1) (1) Minimum rates. The minimum wage of employees employed in agriculture shall be as follows:

DWD 272.05(1)(a) (a) Employees 18 years of age and over:   $7.25 per hour.

DWD 272.05(1)(b) (b) Employees 17 years of age and under:   $7.25 per hour.

DWD 272.05(2) (2) Allowance for board and lodging. Where board or lodging or both are furnished by the employer in accordance with s. DWD 272.04, and accepted and received by the employee, an allowance may be made not to exceed the following amounts:

DWD 272.05 History History: Cr. Register, July, 1978, No. 271, eff. 8-1-78; am. (1), Register, August, 1987, No. 380, eff. 9-1-87; am. Register, June, 1989, No. 402, eff. 7-1-89; am. Register, March, 1990, No. 411, eff. 4-1-90; am. (5), Register, February, 1992, No. 434, eff. 3-1-92; correction made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1996, No. 482; emerg. am. (1) (a), (b), (2) (a) and (b) eff. 6-1-05; CR 05-056: am. (1) (a), (b), (2) (a) and (b) Register August 2005 No. 596, eff. 11-1-05; CR 08-069: am. Register February 2009 No. 638, eff. 3-1-09.

DWD 272.06 DWD 272.06 Domestic service employment, casual employment, and companions in private homes.

DWD 272.06(1) (1) Domestic service employment.

DWD 272.06(1)(a) (a) “Domestic service employment” means all services related to the care of persons or maintenance of a private household or its premises, on a regular basis, by an employee of a private householder. Such occupations shall include, but not be limited to, the following: butlers, chauffeurs, cooks, day workers, gardeners, graduate nurses, grooms, handy persons, house cleaners, housekeepers, laundry persons, practical nurses, tutors, valets and other similar occupations.

DWD 272.06(1)(b) (b) Domestic workers who reside in the employer’s household are covered under the rates prescribed by s. DWD 272.03. Employers may take credit for board and lodging as prescribed by s. DWD 272.03 (3). Record keeping requirement provided in s. DWD 272.11 shall apply.

DWD 272.06(2) (2) Casual employment. “Casual employment” means employment which is on an irregular or intermittent basis for not more than 15 hours per week for any one employer. This applies to the following: baby-sitting, mowing lawns, raking leaves, shoveling snow or other similar odd jobs. The minimum rates prescribed by s. DWD 272.03 shall not apply to casual employment in or around a home in work usual to the home of the employer, and not in connection with or part of the business, trade or profession of the employer.

DWD 272.06(3) (3) Companions in private homes. Persons who reside in the employer’s household for the purpose of companionship and who spend less than 15 hours per week on general household work are not covered under the rates prescribed in s. DWD 272.03. As used in this section, the term“companionship services” shall mean those services which provide fellowship, care and protection for a person, who, because of advanced age or physical mental infirmity, cannot care for his or her own needs. Such services may include, but not be limited to, household work related to the care of the aged or infirmed person such as meal preparation, bed making, washing of clothes and other similar services. They may also include the performance of general household work. The term “companionship services” does not include services relating to the care and protection of the aged or infirmed which require and are performed by trained personnel such as registered or practical nurses. While trained personnel do not qualify as companions, this fact does not remove them from the category of covered domestic service employees when employed in or about a private household.

DWD 272.06 History History: Cr. Register, July, 1978, No. 271, eff. 8-1-78; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1996, No. 482.

DWD 272.07 DWD 272.07 Recreational or educational camps.

DWD 272.07(1) (1) Minimum rates. The minimum wage of all employees employed in recreational or educational camps and day camps, except counselors, shall be computed on an hourly basis as prescribed in s. DWD 272.03 (1).

DWD 272.07(2) (2) Allowance for board and lodging. Where board or lodging or both are furnished by the employer in accordance with s. DWD 272.04, and accepted and received by the employee, an allowance may be made not to exceed the amounts specified in s. DWD 272.03 (3).

DWD 272.07(3) (3) Counselors. This subsection is effective on July 24, 2009. The minimum wage of counselors employed in seasonal recreational or educational camps and day camps may be computed on a weekly basis as follows:

DWD 272.07(3)(a) (a) Adult counselors 18 years of age and over:

  PER WEEK

DWD 272.07(3)(a)1. 1. If board and lodging are not furnished   $350.00

DWD 272.07(3)(a)2. 2. If board only is furnished   $265.00

DWD 272.07(3)(a)3. 3. If board and lodging are furnished   $210.00

DWD 272.07(3)(b) (b) Counselors 17 years of age and under:

  PER WEEK

DWD 272.07(3)(b)1. 1. If board and lodging are not furnished   $350.00

DWD 272.07(3)(b)2. 2. If board only is furnished   $265.00

DWD 272.07(3)(b)3. 3. If board and lodging are furnished   $210.00

DWD 272.07(3r) (3r) Counselors. This subsection is in effect from June 1, 2007, to July 23, 2009. The minimum wage of counselors employed in seasonal recreational or educational camps and day camps may be computed on a weekly basis as follows:

DWD 272.07(3r)(a) (a) Adult counselors 18 years of age and over:

  PER WEEK

DWD 272.07(3r)(a)1. 1. If board and lodging are not furnished   $315.00

DWD 272.07(3r)(a)2. 2. If board only is furnished   $240.00

DWD 272.07(3r)(a)3. 3. If board and lodging are furnished   $189.00

DWD 272.07(3r)(b) (b) Counselors 17 years of age and under:

  PER WEEK

DWD 272.07(3r)(b)1. 1. If board and lodging are not furnished   $275.00

DWD 272.07(3r)(b)2. 2. If board only is furnished   $209.00

DWD 272.07(3r)(b)3. 3. If board and lodging are furnished   $165.00

DWD 272.07(4) (4) Records. Recreational or educational camps and day camps are not required to keep the daily and weekly time records required by s. DWD 272.11 (1) (d), (e), and (f), for counselors employed and paid on a weekly basis.

DWD 272.07(5) (5) Definitions. For the purpose of this section:

DWD 272.07(5)(a) (a) A “recreational or educational camp” means a camp operated under trained leadership for the purpose of providing group experience for and contributing to the physical, mental, spiritual and social growth of campers who are less than 18 years of age and who make such camp their residence during the camping period.

DWD 272.07(5)(b) (b) A “recreational or educational day camp” means a camp operated under trained leadership for the purpose of providing group experience and contributing to the physical, mental, spiritual and social growth of campers who participate in such camping program during daytime periods, but not overnight.

DWD 272.07(5)(c) (c) A “camp counselor” means a person employed by a “recreational or educational camp” or “recreational or educational day camp” who leads, directs and instructs campers in such camps in their camping program and activities and shares responsibility for the total care and well-being of campers.

DWD 272.07 History History: Cr. Register, July, 1978, No. 271, eff. 8-1-78; r. and recr. (3) (a) and (b), Register, February, 1980, No. 290, eff. 3-1-80; am. (3) (a) and (b), Register, February, 1992, No. 434, eff. 3-1-92; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1996, No. 482; am. (title), (1), (4) and (5), Register, May, 1997, No. 497, eff. 6-1-97; emerg. am. (3) eff. 6-1-05; CR 05-056: am. (3), cr. (3g) and (3r) Register August 2005 No. 596, eff. 11-1-05; CR 08-069: r. and recr. (3), r. (3g), am. (3r) (intro.) Register February 2009 No. 638, eff. 3-1-09.

DWD 272.08 DWD 272.08 Caddies. The minimum wage of employees employed as caddies shall be:

$5.90   9 holes

$10.50   18 holes

DWD 272.08 History History: Cr. Register, July, 1978, No. 271, eff. 8-1-78; r. and recr. Register, February, 1980, No. 290, eff. 3-1-80; am. Register, February, 1992, No. 434, eff. 3-1-92; emerg. am. eff. 6-1-05; CR 05-056: am. Register August 2005 No. 596, eff. 11-1-05.

DWD 272.085 DWD 272.085 Student worklike activities and employment.

DWD 272.085(1) (1) Independent colleges and universities.

DWD 272.085(1)(a) (a) Independent colleges and universities may employ full-time students who are 18 years of age and over for 20 hours per week or less at the federal minimum wage rates established under 29 USC 206.

DWD 272.085(1)(b) (b) Students who work at independent colleges or universities for over 20 hours per week shall be paid at the rates established under s. DWD 272.03.

DWD 272.085(2) (2) Elementary and secondary schools. Student worklike activities that meet the criteria of s. DWD 270.19 are not covered by the minimum wage provisions of this chapter.

DWD 272.085 History History: Cr. Register, July, 1978, No. 271, eff. 8-1-78; correction made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1996, No. 482; r. and recr. Register, October, 2000, No. 538, eff. 11-1-00; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register February 2009 No. 638.

DWD 272.09 DWD 272.09 Subminimum wage licenses for rehabilitation facilities and for the employment of workers with disabilities and student learners.