Section 103.67. Minimum ages in various employments.

 

(1)  A minor 14 to 18 years of age may not be employed or permitted to work in any gainful occupation during the hours that the minor is required to attend school under s. 118.15 unless the minor has completed high school, except that any minor may be employed in a public exhibition as provided in s. 103.78 and a minor 16 years of age or over may be employed as an election inspector as provided in s. 7.30 (2) (am) .

(2)  A minor under 14 years of age may not be employed or permitted to work in any gainful occupation at any time, except that a minor under 14 years of age may be employed or permitted to work as follows to the extent permitted under the federal Fair Labor Standards Act, 29 USC 201 to 219 :

(a) Minors 12 years of age or older may be employed in school lunch programs of the school which they attend.

(b) Minors under 14 years of age may be employed in public exhibitions as provided in s. 103.78 .

(c) Minors 12 years of age or older may be employed in street trades, and any minor may work in fund-raising sales for nonprofit organizations, public schools, private schools, or tribal schools, as provided in ss. 103.21 to 103.31 .

(d) Minors 12 and 13 years of age may be employed as caddies on golf courses, if they use caddy carts.

(e) Minors 12 years of age or older may be employed in farming.

(f) Minors 12 years of age or older may be employed in and around a home in work usual to the home of the employer, if the work is not in connection with or a part of the business, trade or profession of the employer and the type of employment is not specifically prohibited by ss. 103.64 to 103.82 or by any order of the department.

(fm) A minor 12 years of age or older may be employed by a nonprofit organization in and around the home of an elderly person or a person with a disability to perform snow shoveling, lawn mowing, leaf raking, or other similar work usual to the home of the elderly person or person with a disability, if all of the following apply:

1. The work is not in connection with or a part of the business, trade, or profession of that person.

2. The type of employment is not specifically prohibited by ss. 103.64 to 103.82 or by an order of the department.

3. The minor is paid the applicable minimum wage under s. 104.035 or under federal law, whichever is greater, for the work.

4. The minor's parent or guardian provides the nonprofit organization with his or her written consent for the minor to perform the work.

(g) Unless prohibited under s. 103.65 , minors 12 years of age or older may be employed under the direct supervision of the minor's parent or guardian in connection with the parent's or guardian's business, trade or profession.

(h) Minors 12 and 13 years of age may be employed as sideline officials for high school football games.

(hm) Minors 12 and 13 years of age may be employed under direct adult supervision as officials for athletic events sponsored by private, nonprofit organizations in which the minor would be eligible to participate or in which the participants are the same age as or younger than the minor.

(i) Minors 11 to 13 years of age may be employed as ball monitors at high school football games and practices.

(j) Minors under 14 years of age may be employed as participants in a restitution project under s. 938.245 (2) (a) 5. , 938.32 (1t) (a) , 938.34 (5) , or 938.345 , in a supervised work program or other community service work under s. 938.245 (2) (a) 6. , 938.32 (1t) (b) , 938.34 (5g) , 938.343 (3) , or 938.345 , or in the community service component of a youth report center program under s. 938.245 (2) (a) 9m. , 938.32 (1p) , 938.34 (7j) , 938.342 (1d) (c) or (1g) (k) , 938.343 (3m) , 938.344 (2g) (a) 5. , 938.345 , or 938.355 (6) (d) 5. or (6m) (a) 4.

(3)   Sections 103.64 to 103.82 do not apply to the employment of a minor engaged in domestic or farm work performed outside school hours in connection with the minor's own home and directly for the minor's parent or guardian.

1971 c. 271 , 307 ; 1973 c. 183 ; 1979 c. 234 ; 1985 a. 1 ; 1989 a. 126 ; 1993 a. 492 ; 1995 a. 352 ; 1999 a. 164 ; 2001 a. 16 , 109 ; 2009 a. 92 , 302 ; 2015 a. 55 . Cross-reference: See also ch. DWD 270 , Wis. adm. code. An injured minor cannot be charged with contributory negligence when the child's employment is in violation of a child labor law. Tisdale v. Hasslinger, 79 Wis. 2d 194 , 255 N.W.2d 314 (1977).