Section 271.04. Hours of work and time of day of work.

 

(1)  Minors under 12 years of age may work in a fundraising sale for a non-profit organization, a public or private school. Minors under 12 years of age must submit written approval from their parent or guardian to the non-profit organization, public or private school. Each minor or group of minors under 9 years of age must be physically accompanied by a parent or person at least 16 years of age.

(2)  No minor under 16 years of age shall be employed or permitted to work at any street trade more than 6 days per week except for the delivery of newspapers; 4 hours per day, except 8 hours per day on Fridays, Saturdays, Sundays and other non-school 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 or 40 hours per week during non-school weeks, nor before 7:00 a.m. except for the delivery of newspapers 5:00 a.m., nor after 8:00 p.m. on days preceding school days and not later than 9:00 p.m. on days not preceding school days.

(3)  No minors 16 or 17 years of age shall be employed or permitted to work at any street trade more than 6 days per week except for the delivery of newspapers; 4 hours per day, except 8 hours per day on Fridays, Saturdays, Sundays and other non-school 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, nor before 6:00 a.m., except for the delivery of newspapers 5:00 a.m., nor after 9:00 p.m. on days preceding school days and not later than 11:00 p.m. on days not preceding school days.

(4)  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.

(5)  Minors 16 and 17 may be employed in excess of the permitted hours of labor per day and per week in weeks when they are not required to attend school provided the employer pays overtime as provided under the employer's pay plan to other workers, but in no case shall the payment be less than time and one-half 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.

(6)  Minors may not 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.

(7)  Minors 16 and 17 years of age, who are high school graduates or exempt from school attendance as defined in s. 118.15 , Stats., may be employed the same daily and weekly hours and time of day as adults.

(8)  "Day" means a calendar day.

(9)  "Week" means a calendar week or a regular reoccurring period of 168 hours in the form of 7 consecutive calendar days.

(10)  In court ordered restitution or community services programs, 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 provided under ss. DWD 270.05 and 270.06 .

History: Cr. Register, February, 1974, No. 218 , eff. 3-1-74; r. and recr. Register, December, 1991, No. 432 , eff. 1-1-92; correction in (10) made under s. 13.93 (2m) (b) 7., Stats. Register, February, 1996, No. 482 .

Note

See s. 103.67 (2) (j) , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1