Section 270.05. Child labor permits.

 

(1)   Permits necessary for minors. Except as provided in sub. (2) , no minor may be employed or permitted to work in any gainful occupation unless the minor first obtains from a permit officer a written permit authorizing the employment of the minor within those periods of time stated in the permit, which shall not exceed the hours prescribed by law.

(2)   Exceptions. Child labor permits are not required in the following circumstances:

(a) The minor will be working in street trades and has obtained a permit or is exempt under ss. 103.21 to 103.31 , Stats.

(b) The minor will be working in public exhibitions, radio and television broadcasts, or modeling and meets the requirements of s. 103.78 , Stats.

(c) The minor is 12 years or over and engaged in farming.

(d) The minor is an apprentice and meets the requirements of s. 106.01 , Stats.

(e) The minor is 14 years or over and enrolled in a youth apprenticeship program under s. 106.13 , Stats.

(f) The minor will be working to fulfill the requirements of a deferred prosecution agreement pursuant to s. 938.245 (2) (a) 5. b. , Stats.

(g) The minor will be working to fulfill the requirements of a consent decree pursuant to s. 938.32 (1t) (a) 2. , Stats.

(h) The minor has been adjudged delinquent and will be working as part of a restitution project ordered pursuant to s. 938.34 (5) (b) , Stats., or a supervised work program or other community service work pursuant to s. 938.34 (5g) (c) , Stats.

(i) The minor's employment will be limited to work in or around a home in work usual to the home of the employer and the employment is not in connection with or a part of a business, trade, or profession of the employer.

(3)   Method of issuing. Child labor permits may be obtained from any authorized permit officer throughout the state when all of the following are presented to the permit officer:

(a) Evidence of the child's age as provided in s. DWD 270.07 .

(b) Letter from the employer written on the regular letterhead or other business paper stating the intention of the employer to employ the minor; describing the job duties, hours of work, and time of day the minor will be working; and signed by the employer who desires to employ the minor or someone duly authorized by the employer.

(c) Letter from the minor's parent, guardian, or court–ordered foster parent consenting to the employment or a countersignature of the parent, guardian, or foster parent on the employer's letter.

(d) The minor's social security card or proof that the minor has voluntarily opted out of the social security system.

(e) Payment of the permit fee. Payment of the fee is the responsibility of the employer. If the minor advances the fee, the employer shall reimburse the minor no later than the first paycheck.

(4)   Permit form.

(a) The permit shall be issued upon a form furnished by the department. The original shall be distributed to the employer and copies shall be distributed to the minor, the department, the permit officer, and the school district that the minor attends.

(b) At the end of each month, the issuing office shall forward a copy of each permit issued in that month to the public school district the minor attends or to the private or parochial school the minor attends. This paragraph does not apply to permits issued for summer employment or for out–of–state students.

(5)   Refusal, revocation, or suspension of permits.

(a) The permit officer may refuse to grant permits in the case of minors who seem physically unable to perform the labor at which they are to be employed. The permit officer may also refuse to grant a permit if in the permit officer's judgment the best interests of the minor would be served by the refusal.

(b) The department may revoke or suspend any permit immediately, without prior notice, whenever any of the following apply:

1. The permit has been improperly or illegally issued.

2. The physical or moral welfare or school attendance of the minor would be best served by the revocation or suspension of the permit.

3. The failing school performance of the minor would be remedied by the revocation of the permit.

(c) The department may revoke or suspend any permit under par. (b) 2. or 3. if requested in writing by the school principal or the minor's parent, legal guardian, or court–ordered foster parent. The requesting party shall demonstrate that there has been some attempt to resolve the issue between the minor, school, parent or guardian, and employer before the request for revocation or suspension is made to the department.

(d) The department shall revoke a permit if ordered to do so under s. 938.342 (1g) (e) , Stats.

(e) If the department revokes a permit, the department shall, by registered mail, notify the person employing the minor and the minor holding the permit. Upon receipt of the notice, the employer of the minor shall immediately return the revoked permit to the department and discontinue the employment of the minor.

CR 04-010 : cr. Register November 2004 No. 587 , eff. 12-1-04.