Section DWD 270.11 - Hours of labor of minorsThe 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:
(1) NUMBER OF HOURS RESTRICTIONS. (a)12 and 13 years of age.1. Minors 12 and 13 years of age may not be employed more than 6 days per week, except in street trades and farming.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.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.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.(b)14 and 15 years of age.1. Minors 14 and 15 years of age may not be employed more than 6 days per week, except in street trades and farming.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.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.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.(c)16 and 17 years of age.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.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.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. Note: See the definition of "day" in s. DWD 270.04(2) and "week" in s. DWD 270.04(17).
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: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.b. Overtime as provided under the employer's pay plan to other workers.(d)Exceptions.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).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.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 270.13.4. 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.(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.(2) TIME OF DAY RESTRICTIONS. (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.(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.(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.(d)16 and 17 years of age.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: a. Minors 16 and 17 hears of age may not be employed before 5:00 a.m. on all days if employed in farming.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.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.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.4. This paragraph shall not apply to minors employed in the following occupations: a. Street trades or station captains or delivery clerks incidental to street trades.b. First processing of perishable fruits and vegetables if the minor is employed under the provisions of s. DWD 270.16.(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.(4) GRADUATES, LIVING INDEPENDENTLY, AND VARIOUS TYPES OF SCHOOLS. (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.(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.(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.(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).(e) Minors who are enrolled in a charter school may not work during hours they are scheduled to be in the charter school.Wis. Admin. Code Department of Workforce Development DWD 270.11
CR 04-010: cr. Register November 2004 No. 587, eff. 12-1-04.