103.60 Annotation A jury trial is required in cases of criminal contempt when the penalty imposed is serious, but a striker charged with civil contempt for violation of an order enjoining a teachers strike was not entitled to a jury trial. Joint School District No. 1 v. Wisconsin Rapids Education Ass’n, 70 Wis. 2d 292, 234 N.W.2d 289 (1975).

103.61 103.61 Punishment for contempt. Punishment for a contempt, specified in s. 103.60, may be by fine, not exceeding $25, or by imprisonment not exceeding 10 days, in the jail of the county where the court is sitting, or both, in the discretion of the court. If a person is committed to jail for the nonpayment of a fine imposed under this section, the person must be discharged at the expiration of 15 days except that if the person is also committed for a definite time the 15 days must be computed from the expiration of the definite time.

103.61 History History: 1993 a. 492; 1997 a. 253.

103.64 103.64 Employment of minors; definitions. As used in ss. 103.64 to 103.82:

103.64(1m) (1m) “Farming” has the meaning given in s. 102.04 (3).

103.64(2) (2) “Nonprofit organization” means an organization described in section 501 (c) of the internal revenue code.

103.64(3) (3) “Permit officer” means a person designated by the department to issue permits authorizing the employment of minors.

103.64(4) (4) “Private school” has the meaning given in s. 115.001 (3r).

103.64(5) (5) “Public school” has the meaning given in s. 115.01 (1).

103.64(6) (6) “Tribal school” has the meaning given in s. 115.001 (15m).

103.64 History History: 1971 c. 228 s. 44; 1971 c. 271; 1985 a. 1; 1995 a. 27; 2001 a. 16; 2009 a. 302; 2017 a. 11.

103.65 103.65 General standards for employment of minors.

103.65(1) (1) A minor shall not be employed or permitted to work at any employment or in any place of employment dangerous or prejudicial to the life, health, safety, or welfare of the minor or where the employment of the minor may be dangerous or prejudicial to the life, health, safety or welfare of other employees or frequenters.

103.65(2) (2) No minor under 16 years of age may be employed or permitted to work at any employment for such hours of the day or week, for such days of the week, or at such periods of the day as may be dangerous or prejudicial to the life, health, safety, or welfare of the minor.

103.65 History History: 1971 c. 271; 2011 a. 32.

103.65 Annotation The plaintiff was in a class protected by a rule promulgated under this section; the court did not err in giving a “negligence per se” instruction. McGarrity v. Welch Plumbing Co., 104 Wis. 2d 414, 312 N.W.2d 37 (1981).

103.65 Annotation The trial court erred in failing to hold as a matter of law that the employer’s violation of child labor laws caused injury and that the defense of the child’s contributory negligence was inapplicable to the case. D.L. v. Huebner, 110 Wis. 2d 581, 329 N.W.2d 890 (1983).

103.65 Annotation An employer violating a child labor law is absolutely liable for resulting injuries to the minor, other employees, or frequenters of a place of employment. A driver on a public street may be a frequenter when the employment is in a street trade. Beard v. Lee Enterprises, Inc., 225 Wis. 2d 1, 591 N.W.2d 156 (1999), 96-3393.

103.65 Annotation An occupation must be listed as a prohibited employment in rules adopted by the Department of Workforce Development under s. 103.66 for there to be absolute liability. Perra v. Menomonee Mutual Insurance Co., 2000 WI App 215, 239 Wis. 2d 26, 619 N.W.2d 123, 00-0184.

103.65 Annotation A minor who paid an entry fee to participate in a featured truck race at a raceway was not an employee of the raceway. Olson v. Auto Sport, Inc., 2002 WI App 206, 257 Wis. 2d. 298, 651 N.W.2d 328, 01-2938.

103.66 103.66 Powers and duties of the department relating to employment of minors.

103.66(1) (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. In fixing minimum ages for hazardous employment for minors under this subsection, the department shall do all of the following:

103.66(1)(a) (a) Permit the employment of a minor 14 years of age or over as a laboratory assistant for a nonprofit, community-based organization that provides educational opportunities in medically related fields if the minor is under the direct supervision of a mentor and the laboratory at which the minor is employed complies with 10 CFR 20.1207 and 29 CFR 1910.1030.

103.66(1)(b) (b) Permit the employment of a minor 15 years of age or over as a lifeguard. The department shall require that an adult employee be present on the premises whenever a 15-year-old is employed as a lifeguard and shall require any minor to have successfully completed a bona fide life saving course in order to be employed as a lifeguard.

103.66(2) (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. For minors under 16 years of age, the department may not fix hours of employment that exceed the maximum hours per day and per week specified in s. 103.68 (2) (a) and (b), that exceed the maximum days per week specified in s. 103.68 (2) (c), or that begin earlier or end later than the hours specified in s. 103.68 (2) (d) and (e). For minors 16 years of age or over, the department may fix the duration of lunch and other rest periods, but may not limit hours of employment or issue general or special orders fixing maximum hours of employment per day or per week, maximum days of employment per week, or hours at which employment may begin and end.

103.66(3) (3) The investigations, classifications and orders provided for in subs. (1) and (2) shall be made as provided under s. 103.005. These orders are subject to review as provided in ch. 227.

103.66 History History: 1971 c. 185 s. 6; 1971 c. 271, 307; 1995 a. 27; 2011 a. 32; 2017 a. 153.

103.66 Cross-reference Cross-reference: See also ch. DWD 270, Wis. adm. code.

103.66 Annotation An occupation must be listed as a prohibited employment in rules adopted by the Department of Workforce Development under this section for there to be absolute liability. Perra v. Menomonee Mutual Insurance Co., 2000 WI App 215, 239 Wis. 2d 26, 619 N.W.2d 123, 00-0184.