3
DWD 270.06
DEPARTMENT OF WORKFORCE DEVELOPMENT
Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.
Register, May 1997, No. 497
guardian employing their own children not more than 6 days per
week, except in street trades; 4 hours per day, except 8 hours per
day on the last school day of the week and other nonschool days,
18 hours per calendar week, while their respective school is in ses-
sion, or 24 hours per calendar week while their respective school
is in session less than 5 days per week, 8 hours per day or 40 hours
per calendar week during the weeks they are not required to attend
school on any day of the calendar week.
(b) Minors 14 and 15 years of age may be employed not more
than 6 days per week, except in street trades and agriculture; 4
hours per day except 8 hours per day on the last school day of the
week and other nonschool days, 18 hours per calendar week,
while their respective school is in session, or 24 hours per calendar
week while their respective school is in session less than 5 days
per week, 8 hours per day or 40 hours per calendar week during
the weeks they are not required to attend school on any day of the
calendar week.
(c) Minors 16 and 17 years of age may be employed not more
than 6 days per week, except in street trades, agriculture, and can-
ning and freezing establishments, and as station captains or deliv-
ery clerk incidental to street trades; 5 hours per day except 8 hours
per day on the last school day of the week and other nonschool
days, 26 hours per calendar week while their respective school is
in session, or 32 hours per calendar week while their respective
school is in session less than 5 days per week.
(d) Minors 16 and 17 may be employed in excess of the per-
mitted hours of labor per day and per week in weeks when they are
not required to attend school provided the employer pays over-
time as provided under the employer's pay plan to other workers,
but in no case shall the payment be less than time and onehalf
their regular rate of pay for all overtime hours worked over 10
hours per day or over 40 hours per week whichever is greater, but
in no case may minors 16 and 17 years of age be employed more
than 50 hours per week. This exception shall not be interpreted to
permit a minor to work more than 8 hours per day on Saturday,
Sunday or other days during the week when the minor is required
to attend school on any day of that week.
(e) Florists may employ minors 16 and 17 years of age in ex-
cess of the permitted hours of labor per day and per week on a vol-
untary basis during the 3day period prior to Valentine's Day, Eas-
ter, Mother's Day, Memorial Day, and Christmas. During these
peak periods, time and onehalf the regular rate of pay must be
paid for all overtime hours worked per day or per week whichever
is greater as follows:
1. 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 at-
tend school when their respective school is in session.
2. This does not exempt florists employing minors under this
order from complying with the timeofday restriction specified
in sub. (2).
(f) Minors 14 through 17 years of age may be employed in agri-
cultural pursuits in excess of the permitted hours of labor per week
during peak periods. During these peak periods, time and one
half the regular rate of pay must be paid for all overtime 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.
(g) In court ordered restitution or community services pro-
grams, minors 12 or 13 years of age may be employed or perform
any duties under circumstances in which a minor 14 or 15 years
of age is permitted to be employed or permitted to work as pro-
vided under ss. DWD 270.05 and 270.06.
Note: See s. 48.34 (5), (6) and (9) (a), Stats.
(h) Hours worked as part of a work experience program during
school hours will not count as part of the total permitted hours of
work per day or per week.
(2)
T
IME
OF
DAY
RESTRICTIONS.
(a) Minors 12 and 13 years of
age may be employed in agricultural pursuits, domestic employ-
ment, school lunch programs, caddies on a golf course and for par-
ents or guardians employing their own children not before 7:00
a.m. on any day, nor after 8:00 p.m. on days preceding school days
and not later than 9:30 p.m. on days not preceding school days.
Except in agriculture, they may start at 5:00 a.m.
(b) Minors 14 through 15 years of age may not be employed
before 7:00 a.m. on any day, nor after 8:00 p.m. on days preceding
school days and not later than 11:00 p.m. on days not preceding
school days, except in agriculture they may start at 5:00 a.m.
(c) Minors 16 and 17 years of age may not be employed before
7:00 a.m. on school days nor before 5:00 a.m. on nonschool days,
nor after 11:00 p.m. on days preceding school days, nor after
12:30 a.m. on days not preceding school days except that in agri-
culture they may start at 5:00 a.m. During nonschool weeks, the
time of day is not regulated except between the hours of 12:30 a.m.
and 5:00 a.m. they shall be under direct supervision and they shall
receive at least 8 consecutive hours of rest between the ending of
work and the beginning of work the next day, except in agriculture
adult supervision is not required. This paragraph shall not apply
to minors employed in street trades nor as station captains or deliv-
ery clerks incidental to street trades.
(d) Minors may not be employed during the hours they are re-
quired to attend school as defined in s. 118.15, Stats., nor contrary
to local curfew ordinances establishing an earlier restriction.
(3)
M
EAL
PERIODS.
At least 30 minutes shall be allowed 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
such other times as deemed reasonable by the department. In no
case shall a minor be employed or permitted to work more than 6
consecutive hours without a meal period.
(4)
H
IGH
SCHOOL
GRADUATES
OR
OTHER
MINORS
WHO
ARE
EMANCIPATED,
LIVING
INDEPENDENTLY,
HEAD
OF
HOUSEHOLD,
EN
-
ROLLED
IN
A
GENERAL
EQUIVALENT
DIPLOMA
PROGRAM
AT
A
VOCA
-
TIONAL
OR
TECHNICAL
COLLEGE
OR
ENROLLED
IN
HOME
SCHOOL.
(a)
Minors 16 and 17 years of age, who are high school graduates may
be employed the same daily and weekly hours and time of day as
adults.
(b) Minors 16 and 17 years of age, who are emancipated, living
independently, head of household or enrolled in a general equiva-
lent diploma program at a vocational or technical college may
work up to 40 hours per week during the weeks public schools are
in session and up to 50 hours per week during nonschool weeks.
The daily hour limits and time of day restrictions do not apply.
(c) Minors 16 and 17 years of age, who are enrolled in home
school 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 nonschool weeks.
The daily hour limits and time of day restrictions do not apply.
(5)
"Day" means a calendar day.
(6)
"Week" means a calendar week or a regular reoccurring
period of 168 hours in the form of 7 consecutive calendar days.
History: Cr. Register, February, 1974, No. 218, eff. 3174; am. (1) (c) and (2)
(a) and (b), r. (1) (e) 3. a. to e., renum. (1) (e) 3. f. to j. to be 3. a. to e., Register, Septem-
ber, 1980, No. 297, eff. 10180; am. (1) (a) and (b), cr. (5) and (6), Register, April,
1983, No. 328, eff. 5183; am. (1) (e), Register, April, 1985, No. 352, eff. 5185;
r. (1) (a) and (b), renum. (1) (c) to (e), (2) (a) to (c) to be (1) (d) to (f), (2) (b) to (d)
and am. (1) (d), (f) and (2) (b) and (c), cr. (1) (a) to (c), (g) and (h), (2) (a), am. (5)
and (6), Register, December, 1991, No. 432, eff. 1192; am. (1) (a), (b), (c), (e) 1.,
(2) (c) and (4) and cr. (4) (b) and (c), Register, April, 1995, No. 472, eff. 5195;
correction in (2) (g) made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1996,
No. 482.
DWD 270.06
Minimum age for hazardous employ-
ment.
The employments and places of employment designated
herein shall be deemed to be dangerous or prejudicial to the life,
health, safety, and/or welfare of minors under the ages specified,
and their employment may be dangerous or prejudicial to the life,