WISCONSIN ADMINISTRATIVE CODE
Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.
Register, May, 1997, No. 497
Services, not pro-
hibited by statute or regulation, performed by minors on a part
time, occasional, and volunteer basis for nonprofit organizations
generally recognized not only as nonprofit, but also of an educa-
tional, charitable, religious, or community service nature, are not
regarded as gainful occupations or employments, where no em-
ployeremploye relationship, in fact, exists.
(a) A nonprofit organization is one which is not operating for
a profit and no part of the net earnings of which inures to the bene-
fit of any private shareholder or individual.
(b) Minors may engage in parttime occasional services on a
volunteer basis for nonprofit organizations of a charitable, educa-
tional and religious nature or a community service under the fol-
1. Volunteers may not serve at any job or in any area that is
prohibited by the child labor law or orders of the department.
2. The hours of contributed service and the time of day shall
be limited to those permitted by Wisconsin child labor regulations
3. Each organization utilizing the service of a minor volunteer
must obtain the written consent of the minor's parent.
4. Teenage volunteers must be under the supervision of a re-
sponsible adult, and shall have such orientation training and su-
pervision as will make their services a genuine learning experi-
5. The organizations utilizing volunteers should provide by
means of insurance, or otherwise, for onduty injuries that may
occur to the volunteer when contributing service to the organiza-
tion. It is also recommended that some type of liability coverage
be provided to protect the volunteer in the event that the volunteer
causes an accident to a third party.
6. Teenage volunteers are not to be economically exploited
nor shall they be used to replace a paid employe.
7. Nothing in this policy shall be construed to prohibit activi-
ties by organized volunteer groups engaged in providing enter-
tainment such as singing, playing or performing, solely for the pa-
tients of the hospitals or institutions.
Services not prohibited by statute or regulation performed
by students during regular school hours while enrolled in an ap-
proved high school or vocational school work training or work ex-
perience program are not regarded as gainful occupations or em-
ployments, where no employeremploye relationship, in fact,
Minors may engage in work training or work experience
programs under the following conditions:
(a) The hours of service shall be performed as specified in the
(b) Minors may not serve at any job prohibited by statute or
orders of the department.
(c) The program provides a true learning experience and is
based on a bona fide curriculum.
(d) Proper scholastic credit is given.
History: Cr. Register, February, 1974, No. 218, eff. 3174; am. (1) (b) 6., Regis-
ter, December, 1991, No. 432, eff. 1192; correction made under s. 13.93 (2m) (b)
1., Stats., Register, February, 1996, No. 482.
Fees for permit and certificate of age.
The department fixes a fee of $5.00 for the issuing of each Child
Labor Permit or Certificate of Age and authorizes the retention of
$2.50 of the fee by the permit officer as compensation for services.
The permit officer shall forward $2.50 of the fee to the department
to cover the cost of administration, materials and supervision.
History: Cr. Register, February, 1974, No. 218, eff. 3174; am. Register, Decem-
ber, 1991, No. 432, eff. 1192.
Employment of minors in agriculture.
No minor under 12 years of age may be employed or permitted to
work in agriculture.
The presence of a minor under 12 at the place where a par-
ent or guardian is employed, if merely for the purpose of supervi-
sion, is not prohibited by this section.
Sections 103.64 to 103.82, Stats., do not apply to the em-
ployment of a minor engaged in farm work performed outside
school hours in connection with the minor's own home farm and
directly for their parent or guardian, or on another farm, with the
consent of minor's parent or guardian where the farm work is pri-
marily for exchange purposes.
History: Cr. Register, February, 1974, No. 218, eff. 3174.
Canning or first processing perishable
fresh fruits and vegetables.
Section 103.68, Stats., and s.
DWD 270.05 are modified as provided under s. 103.66, Stats.,
regulating the hours of employment of minors 16 and 17 years of
age, including married minors, and other minors exempt from
school attendance, in canning and freezing establishments during
the season of actual first processing of perishable fruits and vege-
tables as follows:
Minors 16 and 17 years of age shall not
be required nor permitted to work more than 9 hours in any day
nor more than 54 hours in any week, except:
(a) On not more than 18 weeks during the season, canning and
freezing establishments may employ any individual minor 16 or
17 years of age more than 9 hours in any day and more than 54
hours in any week and more than 6 days per week but not more
than 60 hours per week for 14 weeks and not more than 70 hours
for 4 weeks providing that such employment shall not result in any
undue hazard to his or her health and that each employe is paid not
less than 1 1/2 times his or her regular rate of pay for hours worked
over 40 hours per week.
(b) Section DWD 270.05 (2) (b) time of day shall not apply to
minors 16 and 17 years of age employed under the provisions of
Each 16 and 17 year old minor shall be giv-
en a period of rest of at least 7 consecutive hours from the ending
of work on any day to the beginning of work or the beginning of
school the next day.
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 near
the middle of a shift. In no case shall a minor be employed or per-
mitted to work more than 6 consecutive hours without a meal peri-
For the purpose of this order, "a day" is the
24 hours beginning at 6:00 a.m. of each calendar day; "a week"
means a calendar week, or a regular recurring period of 168 hours
in the form of 7 consecutive 24hour periods.
The hours of work of
minors 16 and 17 years of age employed in canning and freezing
establishments before and after the season of actual first process-
ing of fresh fruits and vegetables must be kept within the limits
provided in s. DWD 270.05.
The department may grant a
waiver of modification under this section upon written application
of management and labor, where a collective bargaining agree-
ment exists, based upon practical difficulties or unnecessary hard-
ships in complying with this section. If the department determines
that compliance with this section is unjust or unreasonable based
on existing circumstances, a waiver or modification may be
granted if it is not dangerous or prejudicial to the life, health, safe-
ty or welfare of the employes.
History: Cr. Register, February, 1974, No. 218, eff. 3174; emerg. am. (1), (2)
and (6), eff. 7780; emerg. am. (1), eff. 72680; am. (1) (a) and (2), r. (1) (b), re-
num. (1) (c) to be (1) (b) and cr. (6), Register, September, 1980, No. 297, eff. 10180;
corrections made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1996, No. 482.
Nothing in ss. DWD
270.01 to 270.13 shall authorize noncompliance with any federal