DWD 272.09(12) (12) Relation to other laws. No provision of these rules, or of any special minimum wage license issued under this section, shall excuse noncompliance with any federal law or municipal ordinance which establishes higher standards.

DWD 272.09(13) (13) Work activity centers. This section does not prevent an employer from maintaining or establishing a work activity center to provide therapeutic activities for workers with disabilities as long as the employer complies with the requirements of this section.

DWD 272.09(14) (14) Licensing under a special license requested by a sponsoring agency. A sponsoring agency may request a special minimum wage license on behalf of a worker with a disability. The department may issue a license to a worker with a disability which will authorize an employer to pay the rate of pay stated on the license. An employer that hires a licensed worker with a disability shall retain a photocopy of the license for the employer’s records. A license issued under this subsection is effective for not more than one year.

DWD 272.09 Note Note: The intent of issuing this type of license to a worker with a disability instead of to the employer is to permit the sponsoring agency to make short term placements which enable the worker to gain a variety of experiences without putting the burden on each employer to obtain a license. However, this does not relieve an employer from complying with the Federal Labor Standards Act which requires that an individual subminimum wage license be issued to any federally covered employer.

DWD 272.09(15) (15) Student learners. A license may be issued for a student who is enrolled in a bona fide school training program.

DWD 272.09(15)(a) (a) Application for a student learner license.

DWD 272.09(15)(a)1. 1. Applications shall be filed with the department by the school on behalf of the employer.

DWD 272.09(15)(a)2. 2. The application must be made on a form provided by the department, and accompanied by a copy of the training agreement, or, in the absence of such agreement, a copy of the program or curriculum may be submitted. The application must be signed by the employer, the appropriate school official, the student, and the student’s parent or guardian.

DWD 272.09(15)(b) (b) Conditions for issuing a license for a student.

DWD 272.09(15)(b)1. 1. Each program must be a bona fide school training program.

DWD 272.09(15)(b)2. 2. The employment at subminimum rates is necessary to provide employment opportunities under the program.

DWD 272.09(15)(b)3. 3. The student must be at least 14 years of age and obtain a work permit if under 18 years of age.

DWD 272.09(15)(b)4. 4. The occupation for which the student is receiving preparatory training must require a sufficient degree of skill to necessitate a learning period.

DWD 272.09(15)(b)5. 5. The training must not be for the specific purpose of acquiring manual dexterity and high production speed in repetitive operation. In case of a training program which does not qualify as a bona fide training program within the meaning of s. 104.01 (6), Stats., the employer must pay the trainee the minimum wage for all time spent on the training program whether such time is instructional or work in nature.

DWD 272.09(15)(b)6. 6. The employment must not have the effect of displacing a worker employed in the establishment. A student learner must be paid minimum wage for time spent doing work which would be normally done by a regular paid employee if the student learner performed the work.

DWD 272.09(15)(b)7. 7. The employment must not tend to impair or depress the wage rates or working standards established for experienced workers for work of a like or comparable character.

DWD 272.09(15)(b)8. 8. The issuance of such license must not tend to prevent the development of apprenticeship nor impair established apprenticeship standards in the occupation or industry involved.

DWD 272.09(15)(c) (c) Terms and conditions of license.

DWD 272.09(15)(c)1. 1. The license shall specify, among other things:

DWD 272.09(15)(c)1.a. a. The name and address of the student.

DWD 272.09(15)(c)1.b. b. The name and address of the employer.

DWD 272.09(15)(c)1.c. c. The name and address of the school which provides the related school instructions.

DWD 272.09(15)(c)1.d. d. The effective and expiration dates of the license.

DWD 272.09(15)(c)2. 2. The rate shall not be less than 75% of the applicable rates in s. DWD 272.03.

DWD 272.09(15)(c)3. 3. The license shall be effective for the period designated thereon, and no license shall be issued retroactively.

DWD 272.09(15)(c)4. 4. A student may work a number of hours in addition to the daily and weekly hours of employment training authorized by the license provided the total hours of work shall not exceed the limits set forth in s. DWD 270.05, and that the pay for such hours is not less than that prescribed in s. DWD 272.03.

DWD 272.09(15)(c)5. 5. Students under 18 years of age may not serve at any job prohibited by statute, or orders of the department. (See s. DWD 270.03.)

DWD 272.09(15)(c)6. 6. A training agreement shall set down the scheduled duties and responsibilities of the local school, the employer, the student, and the student’s parent or guardian. The training agreement shall be signed by an appropriate school official, the employer, the student, and the student’s parent or guardian.

DWD 272.09(15)(c)7. 7. The department may set a rate of less than 75% of the rates in s. DWD 272.03 for student learners with disabilities if justified by extraordinary circumstances. The rates granted shall be commensurate with the student’s ability.