Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 270 - Child Labor › Section DWD 270.04 - Definitions

Current through June 24, 2024
In this chapter, the following words and phrases have the
				  designated meanings unless a different meaning is expressly provided:
(1) "Charter school" has the meaning given in
				s.
				115.001(1),
				Stats.
Note: Section
				  115.001(1),
				  Stats., provides that "charter school" means "a school under contract with a
				  school board under s.
				  118.40 or with
				  one of the entities under s.
				  118.40(2r)(b),
				  or a school established and operated by one of the entities under s.
				  118.40(2r)(b)."
(2) "Day" means a calendar day,
				except when a work shift commences in one calendar day and ends in the
				following day, all hours worked in that shift will count in the day the shift
				commenced.
(3) "Department" means
				the department of workforce development.
(4) "Employee" has meaning given in s.
				103.001(5),
				Stats.
Note: Section
				  103.001(5),
				  Stats., provides that "employee" means "any person who may be required or
				  directed by any employer, in consideration of direct or indirect gain or
				  profit, to engage in any employment, or to go or work or be at any time in any
				  place of employment."
(5)
				"Employer" has the meaning given in s.
				103.001(6),
				Stats.
Note: Section
				  103.001(6),
				  Stats., provides that "employer" means "any person, firm, corporation, state,
				  county, town, city, village, school district, sewer district, drainage
				  district, family care district and other public or quasi-public corporations as
				  well as any agent, manager, representative or other person having control or
				  custody of any employment, place of employment of any employee."
(6) "Employment" has the meaning
				given in s.
				103.001(7),
				Stats.
Note: Section
				  103.001(7),
				  Stats., provides that "employment" means "any trade, occupation or process of
				  manufacture, or any method of carrying on such trade, occupation or process of
				  manufacture in which any person may be engaged, except in such private domestic
				  service as does not involve the use of mechanical power and in farm labor as
				  used in sub. (12)."
(7)
				"Farming" has the meaning given in s.
				102.04(3),
				Stats.
Note: Note: Section
				  102.04(3),
				  Stats., provides: "As used in this chapter `farming' means the operation of
				  farm premises owned or rented by the operator. `Farm premises' means areas used
				  for operations herein set forth, but does not include other areas, greenhouses
				  or other similar structures unless used principally for the production of food
				  and farm plants. `Farmer' means any person engaged in farming as defined.
				  Operation of farm premises shall be deemed to be the planting and cultivating
				  of the soil thereof; the raising and harvesting of agricultural, horticultural
				  or arboricultural crops thereon; the raising, breeding, tending, training and
				  management of livestock, bees, poultry, fur-bearing animals, wildlife or
				  aquatic life, or their products, thereon; the processing, drying, packing,
				  packaging, freezing, grading, storing, delivering to storage, to market or to a
				  carrier for transportation to market, distributing directly to consumers or
				  marketing any of the above-named commodities, substantially all of which have
				  been planted or produced thereon; the clearing of such premises and the
				  salvaging of timber and management and use of wood lots thereon, but not
				  including logging, lumbering or wood cutting operations unless conducted as an
				  accessory to other farming operations; the managing, conserving, improving and
				  maintaining of such premises or the tools, equipment and improvements thereon
				  and the exchange of labor, services or the exchange of use of equipment with
				  other farmers in pursuing such activities. The operation for not to exceed 30
				  days during any calendar year, by any person deriving the person's principal
				  income from farming, of farm machinery in performing farming services for other
				  farmers for a consideration other than exchange of labor shall be deemed
				  farming. Operation of such premises shall be deemed to include also any other
				  activities commonly considered to be farming whether conducted on or off such
				  premises by the farm operator."
(8) "General educational development test"
				has the meaning given in s.
				PI
				5.02(6).
Note: Section
				  PI
				  5.02(6) provides that "general
				  educational development test" means "the test developed by the American Council
				  on Education and administered in Wisconsin at testing sites approved by the
				  state superintendent and the American Council on Education."
(9) "Graduated from high school" has the
				meaning given in s.
				PI
				5.02(6m).
Note: Section
				  PI
				  5.02(6m) provides that "graduated
				  from high school" means "for purposes of compulsory attendance under s.
				  118.15(1)
				  (a), Stats., means having received a diploma
				  in satisfaction of school board requirements under s.
				  118.33,
				  Stats., or a high school equivalency diploma under s.
				  115.29(4)
				  (a), Stats."
(10) "High school equivalency diploma" means
				the diploma granted by the state superintendent under s.
				115.29(4),
				Stats., and ch. PI 5.
(11)
				"Home-schooled" means participating in a home-based private educational program
				as defined in s.
				115.001(3g),
				Stats.
Note: Section
				  115.001(3g),
				  Stats., provides that "home-based private educational program" means "a program
				  of educational instruction provided to a child by the child's parent or
				  guardian or by a person designated by the parent or guardian. An instructional
				  program provided to more than one family unit does not constitute a home-based
				  private educational program."
(12) "Permit officer" means any person
				designated by the department to issue child labor permits and certificates of
				age.
(13) "Place of employment" has
				the meaning given in s.
				103.001(12),
				Stats.
Note: Section
				  103.001(12),
				  Stats., provides that "place of employment" includes "every place, whether
				  indoors or out or underground and the premises appurtenant thereto where either
				  temporarily or permanently any industry, trade or business is carried on, or
				  where any process or operation, directly or indirectly related to any industry,
				  trade or business, is carried on, and where any person is, directly or
				  indirectly, employed by another for direct or indirect gain or profit, but does
				  not include any place where persons are employed in private domestic service
				  which does not involve the use of mechanical power or in farming. `Farming'
				  includes those activities specified in s.
				  102.04(3),
				  and also includes the transportation of farm products, supplies or equipment
				  directly to the farm by the operator of said farm or employees for use thereon,
				  if such activities are directly or indirectly for the purpose of producing
				  commodities for market, or as an accessory to such production."
(14) "Public schools" has the
				meaning given in s.
				115.01(1),
				Stats.
Note: Section
				  115.01(1),
				  Stats., provides that "Public schools are the elementary and high schools
				  supported by public taxation."
(15) "Schooled at home" means enrolled in a
				public or private school but receiving instruction at home rather than the
				school by special arrangement.
(16)
				"Street trade" has the meaning given in s.
				103.21(6),
				Stats.
Note: Section
				  103.21(6),
				  Stats., provides that "street trade" means "the selling, offering for sale,
				  soliciting for, collecting for, displaying or distributing any articles, goods,
				  merchandise, commercial service, posters, circular, newspapers or magazines, or
				  the blacking of boots, on any street or other public place or from house to
				  house."
(17) " Week" means
				a calendar week, except all hours worked in a shift commenced in a calendar
				week will count in that calendar week.
(18) "Welfare" has the meaning given in s.
				103.001(16),
				Stats.
Section
					 103.001(16),
					 Stats., provides that "welfare" includes "comfort, decency and moral
					 well-being."