reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 226 - Bone Marrow And Organ Donor Leave › Section DWD 226.08 - Notification of respondent

Current through June 24, 2024
(1) WHEN NOTICE IS
				TO BE SENT. The department shall serve a copy of a complaint which meets the
				requirements of s. DWD 226.06 upon each respondent before the commencement of
				any investigation.
(2) CONTENT OF
				NOTICE. The notice shall include a copy of the complaint, which shall indicate
				on its face the date the complaint was filed. The notice shall direct the
				respondent to respond in writing to the allegations of the complaint within a
				time period designated by the department. The notice shall further state that,
				if the respondent fails to answer the complaint in writing, the department may
				make an initial determination as to whether a there is probable cause to
				believe that a prohibited act has occurred based solely on the department's
				investigation and the information supplied by the complainant.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 226 - Bone Marrow And Organ Donor Leave › Section DWD 226.09 - Preliminary review of complaints

Current through June 24, 2024
(1) REVIEW OF
				COMPLAINT. The department shall review every complaint filed to determine all
				of the following:
(a) Whether the complainant
				is protected by s.
				103.11,
				Stats.
(b) Whether the respondent
				is subject to s.
				103.11,
				Stats.
(c) Whether the complaint
				states a claim for relief under s.
				103.11,
				Stats.
(d) Whether the complaint
				was filed within the time period set forth in s.
				103.11,
				Stats., if that issue is raised in writing by the respondent.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 226 - Bone Marrow And Organ Donor Leave › Section DWD 226.10 - Investigations

Current through June 24, 2024
(1) CONDUCT OF INVESTIGATION. The department
				shall investigate all complaints that satisfy the review under s. DWD 226.09.
				In conducting investigations under this chapter, the department may seek the
				cooperation of all persons to provide requested materials to the department; to
				obtain access to premises, records, documents, individuals, and other possible
				sources of information; to examine, record, and copy necessary materials; and
				to take statements of persons reasonably necessary for the furtherance of the
				investigation.
(2) DISMISSAL OF
				COMPLAINT BEFORE COMPLETION OF INVESTIGATION.
(a) The department may dismiss a complaint
				before completion of an investigation under the any of the following
				circumstances:
1. The complainant has failed
				to respond to correspondence from the department concerning the complaint
				within 20 days after the correspondence was sent by certified mail to the
				last-known address of the person filing the complaint, in accordance with the
				provisions of s. DWD 226.07.
2. The
				complainant signed a waiver and release of claims arising out of the
				complainant's employment with the respondent that would preclude the department
				from finding that the respondent has violated s.
				103.11,
				Stats.
3. The allegations in the
				complaint have been previously dismissed with prejudice by the department or by
				a state or federal court.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 226 - Bone Marrow And Organ Donor Leave › Section DWD 226.11 - Initial determination

Current through June 24, 2024
(1) GENERAL. At the conclusion of the
				investigation, the department shall issue a written initial determination which
				states whether there is probable cause to believe that a prohibited act
				occurred as alleged in the complaint. This initial determination shall set
				forth the facts upon which its conclusion is based and shall be served upon the
				parties.
(2) INITIAL DETERMINATION
				OF PROBABLE CAUSE. If the department initially determines that there is
				probable cause to believe that any prohibited act occurred as alleged in the
				complaint, it shall certify the case to hearing. A hearing on the merits shall
				be noticed and conducted in accordance with the provisions of ss. DWD 226.15 to
				226.24.
(3) INITIAL DETERMINATION
				OF NO PROBABLE CAUSE. If the department initially determines that there is no
				probable cause to believe that a prohibited act occurred as alleged in the
				complaint, it may dismiss those allegations. The department shall, by a notice
				to be incorporated in the initial determination, notify the parties and their
				attorneys of record of the complainant's right to appeal as provided in s. DWD
				226.12.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 226 - Bone Marrow And Organ Donor Leave › Section DWD 226.12 - Appeal of initial determination of no probable cause

Current through June 24, 2024
(1) An appeal shall
				be filed within 10 days of the date of the initial determination.
(2) If no written appeal is filed in a timely
				manner, the initial determination's order of dismissal shall be the final
				determination of the department.
(3) If an appeal under sub. (1) is filed, the
				department shall issue a notice certifying the matter to hearing. A hearing on
				the issue of probable cause shall be noticed and conducted in accordance with
				the provisions of ss. DWD 226.15 and DWD 226.17 to 226.24. The parties may
				stipulate before the hearing that the administrative law judge may decide the
				case on the merits. If a hearing on the issue of probable cause is requested in
				a case in which the initial determination also found probable cause with
				respect to one or more issues, the department may consolidate the hearing on
				probable cause and the hearing on the merits with the consent of the parties.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 226 - Bone Marrow And Organ Donor Leave › Section DWD 226.13 - Private settlement and conciliation

Current through June 24, 2024
The parties may enter into an agreement to settle the
				  complaint at any time during the proceedings. If requested, the department may
				  assist the parties to reach a settlement. The parties shall notify the
				  department immediately upon reaching a settlement if it resolves all matters so
				  the department may dismiss the matter.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 226 - Bone Marrow And Organ Donor Leave › Section DWD 226.14 - Dismissal of complaint for lack of jurisdiction or other procedural basis following certification to hearing

Current through June 24, 2024
A complaint may be dismissed for not meeting the
				  requirements of s. DWD 226.09 (1) or for any other procedural basis after the
				  case is certified to hearing under s. DWD 226.11 (2) or 226.12 (3). In
				  determining whether to dismiss the complaint, the administrative law judge may
				  consider documents and affidavits presented by any party and may hold a hearing
				  to allow the parties to establish facts that may have a bearing on whether the
				  complaint should be dismissed. If the administrative law judge issues an order
				  dismissing the complaint under this section, a certified copy of the order and
				  a notice of appeal rights shall be sent by U.S. mail to the last-known address
				  of each party and to their attorneys of record.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 226 - Bone Marrow And Organ Donor Leave › Section DWD 226.15 - Notice of hearing

Current through June 24, 2024
(1) CONTENT. In any matter which has been
				certified to hearing following an initial determination of probable cause under
				s. DWD 226.11 (2) or an appeal of an initial determination of no probable cause
				under s. DWD 226.11 (3), the department shall advise the parties and their
				representatives and attorneys in writing by U.S. mail, of the specific time,
				date, and place established for the hearing. The notice of hearing shall fully
				identify the parties and the case number. It shall specify a time and date for
				hearing not less than 10 days after the date of mailing of the notice of
				hearing. The notice of hearing shall specify the nature of the prohibited act
				that is alleged to have occurred and shall state the legal authority on which
				the hearing is based. A copy of the complaint shall be attached to the notice
				of hearing.
(2) PLACE OF HEARING.
(a) The hearing shall be held in the county
				where the prohibited act is alleged to have occurred, or at another location
				with the consent of the parties. For purposes of this subsection, the county
				where the alleged prohibited act occurred is the county where the respondent
				resides or where the alleged violation occurred.
(b) A hearing held using video conferencing
				technology is considered to be held in the county where the prohibited act is
				alleged to have occurred.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 226 - Bone Marrow And Organ Donor Leave › Section DWD 226.16 - Answer

Current through June 24, 2024
(1) WHEN REQUIRED. Within 10 days after the
				date of a notice of hearing on the merits or by a date set by the
				administrative law judge holding the hearing, each respondent shall file with
				the department's bureau of hearings and mediation an answer to the allegations
				of the complaint upon which there is a finding of probable cause, along with a
				certification that a copy of the answer has been sent to all other
				parties.
(2) CONTENT OF ANSWER. The
				answer shall contain the respondent's current address. It shall also contain a
				specific admission, denial, or explanation of each allegation of the complaint.
				If the respondent is without knowledge or information sufficient to form a
				belief as to the truth of an allegation in the complaint, the respondent shall
				so state and this shall have the effect of a denial. Admissions or denials may
				be to all or part of an allegation and shall address the substance of the
				allegation. Any affirmative defense relied upon by a respondent, including the
				statute of limitations, shall be raised in the answer unless it has previously
				been raised by motion in writing. Failure to raise an affirmative defense in a
				timely answer may, in the absence of good cause, be held to constitute a waiver
				of that defense.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 226 - Bone Marrow And Organ Donor Leave › Section DWD 226.17 - Prehearing conference

Current through June 24, 2024
In any case which has been certified to hearing, a
				  prehearing conference may be held in accordance with s.
				  227.44(4),
				  Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 226 - Bone Marrow And Organ Donor Leave › Section DWD 226.18 - Prehearing discovery

Current through June 24, 2024
(1) TIMING. Discovery may not be used before
				the time that a matter is certified to hearing, except that the taking and
				preservation of evidence shall be permitted before certification to hearing
				under the circumstances set forth in s.
				227.45(7),
				Stats.
(2) DISCOVERY DIRECTED TO A
				PARTY NOT REPRESENTED BY LEGAL COUNSEL. In the case of discovery directed to a
				party who is not represented by legal counsel, the party seeking discovery
				shall, not less than 10 days before conducting such discovery, state in writing
				that it intends to seek discovery. The party seeking discovery shall send this
				notice to the party who is not represented by legal counsel, and the director
				of the bureau of hearings and mediation or the administrative law judge, if one
				has been assigned to the case. All copies of demands for discovery and notices
				of depositions shall be filed with the department at the time they are served
				upon the party from whom the discovery is sought, unless otherwise ordered by
				the administrative law judge. Copies of responses to discovery by an
				unrepresented party and the original transcript of any deposition of an
				unrepresented party shall be filed with the department by the party who
				instituted those discovery requests as soon as practicable after the discovery
				has been taken.
(3) SCOPE, METHODS
				AND USE OF DISCOVERY. The scope of discovery, the methods of discovery, and the
				use of discovery at hearing shall be the same as set forth in ch. 804,
				Stats.
(4) FAILURE TO COMPLY WITH
				DISCOVERY REQUESTS; DUTY TO CONSULT WITH OPPOSING PARTY. The administrative law
				judge may compel discovery, issue protective orders, and impose sanctions in
				the manner provided under ch. 804, Stats. All motions to compel discovery or
				motions for protective orders shall be accompanied by a statement in writing by
				the party making the motion that, after consultation in person or by telephone
				with the opposing party and sincere attempts to resolve their differences, the
				parties are unable to reach agreement. The statement shall state the date and
				place of such consultation and the names of all parties participating in the
				consultation.
(5) FILING WITH THE
				DEPARTMENT. Copies of discovery requests and responses to discovery requests
				need not be filed with the department, except as required under sub.
				(2).
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 226 - Bone Marrow And Organ Donor Leave › Section DWD 226.19 - Subpoenas and motions

Current through June 24, 2024
(1) SUBPOENAS. Subpoenas, including subpoenas
				to compel the attendance of witnesses and subpoenas requiring the production of
				material, may be issued by the department or by an attorney of record. The
				department or a party's attorney of record may issue a subpoena to compel the
				attendance of a witness or the production of documents. A subpoena issued by an
				attorney shall be in substantially the same form as provided in s.
				805.07(4),
				Stats., and shall be served in the manner provided in s.
				805.07(5),
				Stats. Witnesses summoned by a subpoena who are not employees of the civil
				service, as defined in s.
				230.03(6),
				Stats., shall be entitled to the witness and mileage fees set forth in s.
				814.67(1) (a)
				and (c), Stats. The cost of service, witness
				and mileage fees shall be paid by the person issuing the subpoena. Subpoenas
				may be enforced under s.
				885.12,
				Stats.
(2) MOTIONS. Motions made
				during a hearing may be stated orally and shall, with the ruling of the
				administrative law judge, be included in the record of the hearing. All other
				motions shall be in writing and shall state briefly the relief requested and
				the grounds upon which the moving party is entitled to relief. All written
				motions shall be filed with the administrative law judge assigned to the case.
				Any briefs or other papers in support of a motion, including affidavits and
				documentary evidence, shall be filed with the motion. Any party opposing the
				motion may file a written response. All written motions shall be decided
				without further argument unless requested by the administrative law
				judge.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 226 - Bone Marrow And Organ Donor Leave › Section DWD 226.20 - Disqualification of the administrative law judge

Current through June 24, 2024
Upon the administrative law judge's own motion, or upon a
				  timely and sufficient affidavit filed by any party, the administrative law
				  judge shall determine whether to disqualify himself or herself because of
				  personal bias or other reason. The administrative law judge's determination
				  shall be made a part of the record and decision in the case.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 226 - Bone Marrow And Organ Donor Leave › Section DWD 226.21 - Exchange of names of witnesses and copies of exhibits

Current through June 24, 2024
By the 10th day before the hearing, the parties shall file
				  with the department and serve upon the other party a written list of the names
				  of witnesses and copies of the exhibits that the parties intend to use at the
				  hearing. The administrative law judge may exclude witnesses and exhibits not
				  identified in a timely fashion under this section. This section does not apply
				  to witnesses and exhibits offered in rebuttal which the party could not
				  reasonably have anticipated using before the hearing.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 226 - Bone Marrow And Organ Donor Leave › Section DWD 226.22 - Hearings

Current through June 24, 2024
(1) PROCEDURE. Hearings shall be conducted in
				conformity with s.
				103.11
				and ch. 227, Stats.
(2)
				POSTPONEMENTS AND CONTINUANCES. All requests for postponements shall be filed
				with the administrative law judge within 10 days after the notice of hearing or
				by the date set by the administrative law judge for filing motions, except
				where emergency circumstances arise before the hearing. The party requesting a
				postponement shall send a copy of the request to all other parties when the
				request is filed with the department. Postponements and continuances may be
				granted only for good cause shown and may not be granted solely for the
				convenience of the parties or their attorneys.
(3) APPEARANCE OF PARTIES. Parties may appear
				at the hearing in person and by counsel or other representative.
(4) FAILURE TO APPEAR AT HEARING. If the
				complainant fails to appear at the hearing, either in person or by a
				representative authorized to proceed on behalf of the complainant, the
				administrative law judge shall dismiss the complaint. If the respondent fails
				to appear at the hearing, the hearing shall proceed as scheduled. If within 10
				days after the date of hearing, any party who fails to appear shows good cause
				in writing for the failure to appear, the administrative law judge may reopen
				the hearing.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 226 - Bone Marrow And Organ Donor Leave › Section DWD 226.23 - Record of hearing

Current through June 24, 2024
(1) METHOD OF RECORDING HEARING. A
				stenographic, electronic, or other record of oral proceedings shall be made at
				all hearings conducted under s.
				103.11,
				Stats. Any party wishing to have a court reporter present to transcribe the
				proceedings shall be permitted to do so at their own expense. If the hearing is
				recorded, the original recording shall remain in the department for 5 years
				following the hearing, after which it may be discarded.
(2) REQUIREMENTS FOR PREPARATION OF
				TRANSCRIPTS. Any party may file a transcript of the hearing with the
				department. The transcript shall be prepared by an independent, reputable court
				reporter or transcriptionist. The transcript shall include a certification by
				the transcriptionist that it is an original, verbatim transcript of the
				proceedings.
(3) COST FOR
				TRANSCRIPTION OF RECORD. Transcription of the record for purposes other than
				judicial review shall be at the expense of any party who requests the
				transcription. If a party arranges for a transcript, the transcript will be
				filed with the department and the department shall provide a copy to any other
				party or parties at no additional cost. For the purpose of judicial review, the
				department shall prepare at its own expense and provide to the court a
				transcript of the record, unless a transcript has already been prepared at the
				request of a party.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 226 - Bone Marrow And Organ Donor Leave › Section DWD 226.24 - Decision and order

Current through June 24, 2024
(1) GENERAL. After the close of the hearing,
				including any briefs that may be allowed by the administrative law judge, the
				administrative law judge shall prepare a formal written decision which shall
				include findings of fact, conclusions of law, and an order, and which may be
				accompanied by an opinion.
(2)
				DECISION AND ORDER AFTER HEARING ON THE ISSUE OF PROBABLE CAUSE. After a
				hearing on the issue of probable cause, the administrative law judge shall
				issue a decision and order which dismisses the allegations of the complaint or
				which orders that the case be certified for a hearing on the merits of the
				complaint, depending upon the administrative law judge's findings and
				conclusions on the issue of probable cause. If the decision of the
				administrative law judge determines that no probable cause exists, a certified
				copy of the decision and order and a notice of appeal rights shall be sent by
				U.S. mail to the last-known address of each party and to their attorneys of
				record. A decision and order finding no probable cause may be appealed to court
				if it is a final decision and order as defined in s. DWD 226.25 (1).
(3) DECISION AND ORDER AFTER HEARING ON THE
				MERITS. After a hearing on the merits, the administrative law judge shall issue
				a decision and an order that shall either dismiss the allegations of the
				complaint or shall order such action by the respondent as shall effectuate the
				purposes of s.
				103.11,
				Stats., depending upon the administrative law judge's findings and conclusions
				on the merits of the complaint. The order may award reasonable attorney fees to
				a complainant who prevails in a case. A certified copy of the decision and
				order and a notice of appeal rights shall be sent by U.S. mail to the
				last-known address of each party and to their attorneys of record.
(4) COMPUTATION OF INTEREST. Interest on any
				award made under this chapter shall be added to that award and computed at an
				annual rate as set forth in s.
				815.05(8),
				Stats. Interest shall be computed by calendar quarter.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 226 - Bone Marrow And Organ Donor Leave › Section DWD 226.25 - Appeals

Current through June 24, 2024
(1) APPEALS LIMITED TO FINAL DECISIONS AND
				ORDERS. Any party may seek judicial review of a final decision and order of the
				administrative law judge. Only final decisions and orders of the administrative
				law judge may be appealed. A final decision is one that disposes of the entire
				complaint and leaves no further proceedings on that complaint pending before
				the department.
(2) NOTICE OF
				APPEAL RIGHTS. Every decision and order of an administrative law judge under s.
				DWD 226.24 shall be accompanied by a separate notice advising the parties of
				their rights to seek judicial review of the decision under s.
				103.11(13),
				Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 218-226 - Civil Rights › Chapter DWD 226 - Bone Marrow And Organ Donor Leave › Section DWD 226.26 - Filing of documents

Current through June 24, 2024
(1) FILING OF DOCUMENTS BY FACSIMILE
				TRANSMISSION.
(a) Unless otherwise directed
				by the department or ordered by the administrative law judge, documents may be
				filed by facsimile transmission. Documents filed by facsimile transmission
				shall include a cover sheet setting forth all of the following information:
1. The name of the sender.
2. The individual to whom the transmission is
				directed, if that individual is known.
3. The number of pages being transmitted,
				including the cover sheet.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 270 - Child Labor › Section DWD 270.01 - Authority and purpose

Current through June 24, 2024
This chapter is promulgated under the authority of s.
				  103.66,
				  Stats., to carry out the purposes of ss.
				  103.64
				  to
				  103.82, Stats., by
				  fixing reasonable classifications of employments, places of employment, maximum
				  hours of employment per day and per week, maximum days of employment per week,
				  hours at which employment may begin and end and the duration of lunch and other
				  rest periods, and prohibited hazardous employment as necessary to protect the
				  life, health, safety, and welfare of minors.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 270 - Child Labor › Section DWD 270.02 - Higher standards

Current through June 24, 2024
Nothing in this chapter may be construed to authorize
				  noncompliance with any federal, state, or municipal statute, regulation, or
				  ordinance establishing a stricter standard. If more than one standard within
				  this chapter applies to a single activity, the standard that provides more
				  protection to a minor applies.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 270 - Child Labor › Section DWD 270.03 - Required poster on hours minors may work

Current through June 24, 2024
A summary of the provisions in s.
				  DWD
				  270.11 shall beposted in a conspicuous place in all
				  places of employment where minors are employed or permitted to work, except
				  domestic and farm employments, on a form prescribed by the
				  department.
To obtain the required poster, contact Department of
					 Workforce Development, Equal Rights Division, P.O. Box 8928, Madison, WI
					 53708-8928; telephone (608) 266-6860; or web site at
http://dwd.wi.gov/er
.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 270 - Child Labor › Section DWD 270.05 - Child labor permits

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 270 - Child Labor › Section DWD 270.06 - Certificate of age

Current through June 24, 2024
(1) OPTIONAL CERTIFICATE OF AGE. Age
				certificates may be issued to persons 18 years of age and over. The certificate
				is conclusive evidence of the age of the person to whom issued in any
				proceeding under any of the state labor laws as to any act or thing occurring
				subsequent to the date the certificate was issued.
(2) METHOD OF ISSUING.
(a) Certificates of age may be obtained from
				an authorized permit officer throughout the state.
(b) The issuing permit officer shall require
				the applicant to present evidence of age as provided in s.
				DWD
				270.07.
(c) The certificate of age shall be issued on
				a form furnished by the department. The form shall be signed by the permit
				officer and the applicant in the presence of the permit officer.
(d) The original copy shall be delivered to
				the applicant. The permit officer shall attach a copy of the certificate to the
				evidence of age under s.
				DWD
				270.07 and maintain a copy in the permit officer's
				files. In addition, the permit officer shall send a copy of the certificate of
				age and evidence of age to the department.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 270 - Child Labor › Section DWD 270.07 - Evidence of age for child labor permits and certificates of age

Current through June 24, 2024
A permit officer shall accept any of the following items as
				  evidence of age for a child labor permit required under s.
				  103.73(1)
				  (a), Stats., a certificate of age allowed
				  under s.
				  103.75,
				  Stats., or a street trade permit required under s.
				  103.25,
				  Stats.:
(1) WISCONSIN DRIVER'S LICENSE
				OR STATE ID. A valid Wisconsin operator's license issued under ch. 343, Stats.,
				that contains the photograph of the license holder or an identification card
				issued under s.
				343.50,
				Stats.
(2) BIRTH CERTIFICATE. A
				birth certificate issued by a registrar of vital statistics or other officer
				charged with the duty of recording births or a certified record of birth from
				the hospital in which the birth occurred.
(3) BAPTISMAL CERTIFICATE. A baptismal
				certificate including the minor's name, date of birth, date and place of
				baptism, name of church, and the signature of officiating or issuing
				clergy.
(4) OTHER EVIDENCE. When
				the evidence of age in subs. (1) to (3) are not attainable, any of the
				following may be used as evidence of age:
(a)
				Government records that show the age of the minor, including a passport or a
				certificate of arrival in the United States issued by United States immigration
				officers.
(b) A life insurance
				policy that is at least one year old and is supported by the age indicated in a
				school record.
(c) School records,
				preferably from the first school attended, with a parent's, guardian's, or
				custodian's statement of age, and physician's statement of physical
				age.
(d) When none of the above
				forms of evidence of age are obtainable, proof of age may be established
				through circuit court as provided in s.
				889.28,
				Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 270 - Child Labor › Section DWD 270.08 - Fees for permit and certificate of age

Current through June 24, 2024
The fee for issuing each child labor permit or certificate of
				  age shall be $5.00. The permit officer may retain $2.50 of the fee as
				  compensation for services. The permit officer shall forward $2.50 of the fee to
				  the department to cover the cost of administration, materials, and
				  supervision.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 270 - Child Labor › Section DWD 270.09 - Permanent records to be kept by the employer

Current through June 24, 2024
(1) Every employer
				shall keep payroll or other records for each of their employees that contain
				the following information about the employee for at least 3 years:
(a) Name and address.
(b) Date of birth.
(c) Date of entering and leaving
				employment.
(d) Time of beginning
				and ending of work each day.
(e)
				Time of beginning and ending of meal periods. When employee's meal periods are
				required or when the meal periods are to be deducted from work time, this
				requirement shall not apply when work is of such a nature that production or
				business activity ceases on a regularly scheduled basis.
(f) Total number of hours worked per day and
				per week.
(g) Rate of pay and wages
				paid each payroll period.
(h) The
				amount of and reason for each deduction from the wages earned.
(i) Output of employee, if paid on other than
				time basis.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 270 - Child Labor › Section DWD 270.11 - Hours of labor of minors

Current through June 24, 2024
The following schedule of hours modifies s.
				  103.68, Stats., as
				  provided under s.
				  103.66,
				  Stats., and shall be deemed to be necessary to protect minors from employment
				  dangerous or prejudicial to their life, health, safety, or welfare:
(1) NUMBER OF HOURS RESTRICTIONS.
(a)
12 and 13 years of age.
1. Minors 12 and 13 years of age may not be
				employed more than 6 days per week, except in street trades and
				farming.
2. Minors 12 and 13 years
				of age may not be employed more than 4 hours per school day, except on the last
				school day of the week. They may not be employed more than 8 hours per day on
				the last school day of the week and on non-school days.
3. Minors 12 and 13 years of age may not be
				employed more than 18 hours per calendar week during weeks in which their
				school is in session 5 days per week. They may not be employed more than 24
				hours per calendar weeks in which their school is in session fewer than 5 days
				per week.
4. Minors 12 and 13 years
				of age may not be employed more than 8 hours per day or 40 hours per calendar
				week during weeks that they are not required to attend school on any day of the
				calendar week.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 270 - Child Labor › Section DWD 270.12 - Hazardous occupations prohibited to all minors

Current through June 24, 2024
The employment of minors in the following occupations or
				  places of employment shall be deemed to be dangerous or prejudicial to the
				  life, health, safety, or welfare of the minor and other employees or
				  frequenters, except as provided in s.
				  DWD
				  270.14. No employer may employ or permit any minor to
				  work in the following occupations or places of employment:
(1) ADULT BOOKSTORES. No minor may be
				employed in an adult bookstore.
(2)
				AMUSEMENT PARKS, SKI HILLS, STREET CARNIVALS, AND TRAVELING SHOWS.
(a)
Prohibition.
No minor
				may be employed in operating, assisting to operate, erecting, dismantling,
				setting up, adjusting, repairing, oiling, or cleaning of any rides or
				machinery, or the loading or unloading of passengers, in the operation of
				amusement park rides, ski hills, street carnivals, or traveling
				shows.
(b)
Definitions.
For the purpose of this subsection:
1. "Amusement park ride" means a device or
				animal that carries, transports, or supports passengers in unusual,
				entertaining, or thrilling modes of motion and any vehicle providing
				entertainment or transportation in conjunction with an amusement park ride,
				including, but not limited to, rider-powered and power-driven thrill rides,
				mild rides, ride-throughs, walk-throughs, air pillows, giant slides, water
				slides, and animal rides. Vehicles include parking lot trams, old fire engines,
				stage coaches, and trains. "Amusement park ride" does not include aircraft
				under the jurisdiction of the federal aviation administration, railroad trains
				under the jurisdiction of the federal railroad administration, or boats used on
				navigable waters.
2. "Water slide"
				means a slide that incorporates a flow of water intended to carry a rider down
				a flume and that is required under s.
				ATCP
				76.23(1) (d) to have an attendant
				stationed at the entrance to enforce slide usage rules. "Water slide" does not
				include a slide that meets all of the following conditions:
a. The slide is less than or equal to 6 feet
				high as measured vertically from the slide entrance to the deck.
b. The user has a clear view of the landing
				area when measured from the slide entrance at a height of 43 inches.
c. The flume carries less than 100 gallons
				per minute of water.
(c)
Exception
. Minors 16 and
				17 years of age may be employed in occupations involving the loading or
				unloading of passengers on water slides.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 270 - Child Labor › Section DWD 270.13 - Hazardous employment prohibited to minors under 16 years of age

Current through June 24, 2024
The employment of minors under 16 years of age in the
				  following occupations or places of employment shall be deemed to be dangerous
				  or prejudicial to the life, health, safety, or welfare of the minor and other
				  employees or frequenters, except as provided in s.
				  DWD
				  270.14. No employer may employ or permit a minor under
				  16 years of age to work in the following occupations or places of
				  employment:
(1) AIRPORTS. No minor
				under 16 years of age may be employed in or about a landing strip or taxi or
				maintenance apron at an airport.
(2) BOILER AND ENGINE ROOMS. No minor under
				16 years of age may be employed in a boiler or engine room.
(3) CARS AND TRUCKS. No minor under 16 years
				of age may be employed in connection with cars and trucks, including work
				involving the use of pits, racks or lifting apparatus, or involving the
				inflation of any tire mounted on a rim equipped with a removable retaining
				ring, and excluding work by a minor 14 years of age or over in dispensing
				gasoline and oil, courtesy service, car cleaning, and washing and
				polishing.
(4) COMMUNICATIONS AND
				PUBLIC UTILITIES. No minor under 16 years of age may be employed in an
				occupation in connection with communications and public utilities, except for
				office or sales work.
(5)
				CONSTRUCTION. No minor under 16 years of age may be employed in an occupation
				in connection with construction, including demolition and repair, except for
				office or sales work not at the actual construction site.
(6) FARMING. No minor under 16 years of age
				may be employed in any of the following occupations in farming:
(a) Operating or assisting in the operation
				of machinery, including, but not limited to, farm type tractors and other
				self-propelled vehicles, except those minors trained under either the 4-H
				federal extension service or the U.S. office of education vocational
				agriculture training programs may work on equipment permitted by their
				certificate of training.
(b) Any
				occupation in farming that the U.S. secretary of labor finds and declares to be
				particularly hazardous for the employment of minors below the age of 16.
Note: See
				  29 CFR
				  570.71.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 270 - Child Labor › Section DWD 270.14 - Exemptions to hazardous employment prohibitions

Current through June 24, 2024
Sections
				  DWD
				  270.12 or shall not 270.13 apply to a minor 14 through
				  17 years of age when employed under the following conditions:
(1) APPRENTICE. A minor indentured under the
				provisions of s.
				106.01,
				Stats., shall be exempt from the prohibitions in ss.
				DWD
				270.12 or if the 270.13 minor is performing service
				within the provisions of a contract of apprentice indenture approved by the
				department.
(2) HIGH SCHOOL
				GRADUATE. A minor who has graduated from high school or passed the general
				education development test may be employed in the occupations otherwise
				prohibited under s.
				DWD
				270.12 except the following:
(a) Section
				DWD
				270.12(4), Bakery machines.
(b) Section
				DWD
				270.12(6), Brick, tile, and similar
				products.
(c) Section
				DWD
				270.12(8), Coal mine.
(d) Section
				DWD
				270.12(11), Explosives.
(e) Section
				DWD
				270.12(12), Hoists and hoisting
				apparatus.
(f) Section
				DWD
				270.12(17), Logging, sawmill, lath
				mill, shingle mill, or cooperage.
(g) Section
				DWD
				270.12(18), Meat
				processing.
(h) Section
				DWD
				270.12(19), Metal forming, punching
				and shearing power-driven machines.
(i) Section
				DWD
				270.12(20), Mining, other than
				coal.
(j) Section
				DWD
				270.12(21), Motor vehicle driver and
				helper.
(k) Section
				DWD
				270.12(22), Paper-products machines.
(L) Section
				DWD
				270.12(23), Radioactive substances
				and ionizing radiations.
(m)
				Section
				DWD
				270.12(25), Saws and guillotine
				shears.
(n) Section
				DWD
				270.12(27), Woodworking power-driven
				machines.
(o) Section
				DWD
				270.12(28), Wrecking, demolition, and
				shipbreaking.
Note: This subsection does not exempt high school graduates
				  or minors who have passed the GED test from the permit requirement in s.
				  DWD
				  270.05.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 270 - Child Labor › Section DWD 270.15 - Employment of minors in farming

Current through June 24, 2024
(1) No minor under
				12 years of age may be employed or permitted to work in farming.
(2) The presence of a minor under 12 at the
				place where a parent or guardian is employed in farming, if merely for the
				purpose of supervision by the parent or guardian, is not prohibited by this
				section.
(3) Sections
				103.64
				to
				103.82, Stats., and
				this chapter do not apply to the employment of a minor engaged in farm work
				performed outside school hours in connection with the minor's own home farm and
				directly for his or her parent or guardian, or on another farm, with the
				consent of minor's parent or guardian where the farm work is primarily an
				exchange of labor with another farmer.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 270 - Child Labor › Section DWD 270.16 - First processing of perishable fruits and vegetables

Current through June 24, 2024
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).
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 270 - Child Labor › Section DWD 270.17 - Caddies on golf courses

Current through June 24, 2024
(1) Any minor on a
				golf course for the purpose of caddying for or while caddying for a person
				permitted to play golf on the course shall be deemed an employee of the golf
				club or other person, partnership, association, or corporation, including the
				state and any municipal corporation or other political subdivision thereof,
				operating the golf course.
(2) The
				labor permit issued by the department or a permit officer allowing a minor to
				be employed as a caddy by the golf club named in the permit shall be deemed to
				allow the employment of the minor named in the permit as a caddy by the golf
				club on whose course inter-club matches, inter-service club matches, or special
				events for non-members are being held during the duration of the matches or
				events if the club on whose course the matches or events are being held secures
				from the club to whom the permit or permits were issued a list of the caddies
				transferred before the club employs the caddies. This list shall contain the
				name, address, and date of birth of each minor transferred, together with the
				date of issuance of the permit, the name of the golf club to which it was
				issued, and the name of the golf club to which the minor was transferred. The
				golf club to which the permit or permits were issued shall keep on file at the
				club a duplicate of the list. The golf club to which the caddy or caddies are
				transferred shall add to the list the dates the club employed each minor named
				in the list and shall keep the list on file at the club.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 270 - Child Labor › Section DWD 270.18 - Volunteer service

Current through June 24, 2024
(1) A minor may volunteer services for a
				nonprofit organization with the written consent of the minor's parent and under
				the supervision of a responsible adult.
(2) No minor may volunteer in an occupation
				or place of employment deemed dangerous or prejudicial to the life, health,
				safety or welfare of the minor or other employees or frequenters as specified
				in ss.
				DWD
				270.12 and
				270.13.
(3) The organization for which the volunteer
				is serving shall provide insurance for on-duty injuries that may occur to the
				volunteer. The department recommends that organizations obtain liability
				coverage to protect the volunteer in the event that the volunteer causes an
				injury to a third party.
(4) Minor
				volunteers may not be used to replace a paid employee.
(5) In this section, "volunteer service"
				includes service to a nonprofit organization under the graduation requirements
				of a school or school district.