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Jun. 4, 2006

WI Child Labor Laws

Posted in Area Resources

Every year, millions of teens work in part-time or summer jobs. Early work experiences can be rewarding for young workers - providing great opportunities to learn important job skills.

 

Federal & State rules regarding young workers strive to strike a balance between ensuring sufficient time for educational opportunities and allowing appropriate work experiences.

 

Child labor refers to the employment of anyone under the age of 18 in any type of business. Most states have child labor laws. A few states solely rely on the federal laws found in the FLSA. State child labor laws may be more restrictive or less restrictive than the federal child labor laws (FLSA). In other words, states may have different minimum ages for employment, different hours of work restrictions, and additional occupations identified as hazardous.

If the employment falls under FLSA jurisdiction, then both federal and state laws apply--and the most restrictive law (whether it is the state or the federal) is followed.

 

Overview of Federal Child Labor Laws

 

Overview of State of WI Child Labor Laws

 

Types of Work Allowed

Minors may be employed only in certain types of work until they turn 18 and are no longer subject to the law:

 

When You Are 13 Or Younger . . .

  • You can deliver newspapers. You can work as a baby-sitter.
  • You can work as an actor or performer in motion pictures, television, theater or radio.
  • You can work in a business solely owned or operated by your parents.
  • You can work on a farm owned or operated by your parents. However, parents are prohibited from employing their children in manufacturing, mining, or any other occupation declared hazardous.

You generally may not work in:

  • communications or public utilities jobs,
  • construction or repair jobs,
  • driving a motor vehicle or helping a driver,
  • manufacturing and mining occupations,
  • power-driven machinery or hoisting apparatus other than typical office machines,
  • processing occupations,
  • public messenger jobs,
  • transporting of persons or property,
  • workrooms where products are manufactured, mined or processed, or
  • warehousing and storage.

 When You Turn 16 . . .
You can work in any job or occupation that has not been declared hazardous by the Secretary of Labor. You generally may not work in any of the following hazardous occupations:

  • manufacturing and storing of explosives,
  • driving a motor vehicle and being an outside helper on a motor vehicle;
  • coal mining,
  • logging and sawmilling,
  • power-driven woodworking machines,
  • exposure to radioactive substances,
  • power-driven hoisting apparatus,
  • power-driven metal-forming, punching, and shearing machines,
  • mining, other than coal mining,
  • meat packing or processing (including the use of power-driven meat slicing machines),
  • power-driven bakery machines,
  • power-driven paper-product machines,
  • manufacturing brick, tile, and related products,
  • power-driven circular saws, band saws, and guillotine shears,
  • wrecking, demolition, and shipbreaking operations,
  • roofing operations and all work on or about a roof, or
  • excavation operations.

There are some exemptions for apprentice/student-learner programs in some of these hazardous occupations.

 

Days/Hours Allowed to Work

They may also be employed only during certain hours of the day and of the week. The time of day and types of employment in which they are allowed to work depend on both the age of the minor and whether or not school is in session during the period of their employment:

 

If you are 14 or 15 you can work??

 

Outside school hours - after 7 a.m. and until 7 p.m. -Except from June 1 through Labor Day, when you can work until 9 p.m.

You can work no more than:

  • 3 hours on a school day,
  • 18 hours in a school week,
  • 8 hours on a non-school day, and
  • 40 hours in non-school week. 

If you are 16 or older, you can work . . .

Any day, any time of day, and for any number of hours. There are no restrictions on the work hours of youth age 16 or older.

 

When You Turn 18 . . .

You can work any job for any number of hours. The child labor rules no longer apply to you.

 

Work Permits

Every employer is responsible for having a work permit on file for a given minor before allowing that same minor to work in his or her establishment.

 

Work permits are issued at various locations throughout the state. You may apply for a work permit at your school office or call (608) 266-6860 for information on where in your area you may apply for a work permit. The permit will not be issued if the work is prohibited by law.

 

To obtain a work permit, the minor or parent must visit the permit officer, taking with them the minor's birth certificate or other proof of age, social security card, hiring statement from the employer, explaining job duties, hours of work, written parents consent and a $5.00 fee. The $5.00 fee for the permit must be reimbursed to the minor by the employer at the end of the first pay period. Copies of the permit go to the employer and the minor, in addition to the school district where the minor is enrolled.

 

Minimum wage in the states.

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