Section 270.16. First processing of perishable fruits and vegetables.

  Section 103.68 , Stats., and s. DWD 270.11 are modified as provided under s. 103.66 , Stats., regulating the hours of employment of minors 16 and 17 years of age, including minors covered by s. DWD 270.11 (4) , in canning and freezing establishments during first processing of perishable fruits and vegetables as follows:

(1)   Hours of labor. Minors 16 and 17 years of age may not be required nor permitted to work more than 9 hours in any day nor more than 54 hours in any week, except:

(a) During not more than 18 weeks per year, canning and freezing establishments may employ a minor 16 or 17 years of age more than 9 hours per day, more than 6 days per week, and more than 54 hours per week, but not more than 60 hours per week for 14 weeks and not more than 70 hours per week for 4 weeks if the employment does not result in any undue hazard to the minor's health and the minor is paid not less than 1 1/2 times the minor's regular rate of pay for hours worked over 40 hours per week.

(b) The time-of-day restrictions in s. DWD 270.11 (2) (d) shall not apply to minors 16 and 17 years of age employed under the provisions of par. (a) .

(2)   Rest periods. Each 16- and 17-year-old minor shall be given 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.

(3)   Meal 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 near the middle of a shift. In no case may a minor be employed or permitted to work more than 6 consecutive hours without a meal period.

(4)   Definitions. For the purpose of this section:

(a) "Day" means the 24 hours beginning at 6:00 a.m. of each calendar day.

(b) "First processing" means processing the perishable fruit or vegetable until it can be safely stored for a reasonable amount of time, as determined on a case-by-case basis.

(c) "Week" means a calendar week or a regular recurring period of 168 hours in the form of 7 consecutive 24–hour periods.

(5)   Hours, before and after season. The hours of work for minors 16 and 17 years of age employed in canning and freezing establishments before and after the season of first processing of perishable fruits and vegetables shall be as provided in s. DWD 270.11 .

(6)   Waiver or modification.

(a) The department may grant a waiver or modification of this section if the department determines that practical difficulties or unnecessary hardships may result from compliance with this section based on existing circumstances, and a waiver will not be dangerous or prejudicial to the life, health, safety, or welfare of the employees.

(b) If a collective bargaining agreement exists, the department will consider a waiver or modification of this section only if the request is agreed to by management and labor.

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