Child Labor

1

• Child Labor
• School to Work Programs

2
State V. Federal Regulations

• Employer must be in compliance with the most
  stringent of the two laws that apply
• Federal law is generally most restrictive for
  minors under the age of 16
• State law is more restrictive for those minors 16
  years of age and over

3
Break Periods

• Minors must receive a 30 consecutive minute break
  if they work a shift of more than 6 hours.
• The start and stop times of the break periods
  must be documented.

4
Overtime

• 16 /17 year old minors may work overtime, but
  only in non-school weeks.
• Time and one half their regular rate must be paid
  for any hours worked in excess of 40 hours pr
  week and 10 hours per day, whichever is greater.

5
Minor Minimum Wage Rates

• As of June 01, 2006 5.90/hr

6
Interpretation of hours Worked

• Work performed for the benefit of the employer
  and controlled or required by the employer is
  work time.
• Travel time
• Training time
• Meetings

7
Permitted Hours of Work

• During a School Week of 5 Days 14/ 15 Year Olds
  May Work
• Up to 18 hours during a calendar week of Sunday
  through Saturday
• (During a school week of less than 5 days 14/15
  year old minors may work up to 24 hours)
• May work no more than 4 hours on a school night
  preceding a school day, between the hours of 7am
  and 8 pm
• May work up to 8 hours on a non-school day , and
  on the last school day of the week

8
Permitted Hours of Work

• During a School Week of 5 Days 16/ 17 Year Olds
  May Work
• Up to 26 hours during a calendar week of Sunday
  through Saturday
• (During a School Week of less than 5 days 16/17
  year old minors may work up to 32 hours)
• May work no more than 5 hours on a school night
  preceding a school day, between the hours of 7am
  and11 pm
• May work up to 8 hours on a non-school day , and
  on the last school day of the week

9
Permitted Hours of Work

• During Non-School Weeks
• 14/15 year old minors may work up to 40 hours, up
  to 8 hours per day between 7am and 11 pm
• 16/17 year olds may work up to 50 hours,
  unlimited daily hours, no time of day
  restrictions

10
Work Permit Requirements

• All Minors must obtain a child labor permit prior
  to starting work except
• Minors employed in agriculture
• Minors working in casual employment in or around
  a private home, not in conjunction with a
  business
• Volunteer work for a non-profit organization and
  not as an employee
• Public entertaining or exhibition
• Street Trade for fund raising for nonprofit
  organizations
• Apprentices under Chapter 106 of WI Statutes

11
Prohibited Employment

• Wisconsin law breaks prohibitive employment into
  two separate categories
• Prohibited to all minors
• Prohibited to minors under the age of 16
• Exceptions exist to some prohibitions for minors
  working in school to work programs and in youth
  apprenticeship program

12
Student Learner

• Must be attending an accredited school (DPI),
• Employed on a part-time basis to obtain
  scholastic credit and employment training,
• Must have a written school-work training
  agreement between student, employer and school.

13
Student Learner Agreement Must Include

• Any work prohibited under DWD 270.12-13 is
  incidental to student learners training, and
  shall be intermittent and for short periods of
  time.
• The student learner shall be under the direct and
  close supervision of a qualified and experienced
  person.
• That safety instructions will be given by the
  school and correlated by the employer with
  on-time job training.
• A schedule of organized and progressive work
  processes to be completed on the job.

14
Work Permits

• Work permits are required for all student
  learners
• Not required for minors working under a Youth
  Apprenticeship agreement (however, a permit is
  still a good idea)

15
Hours of Work

• Hours worked during the regular school day, as
  part of student learner agreement , do not count
  toward the daily or weekly maximums.

16
Types of Work That Are Prohibited Under Student
Learner Agreements

• Bakery Machines,
• Manufacturing of brick , tile and similar
  products
• Coal mining,
• Explosives,
• Hoists and hoisting apparatuses,
• Logging, saw mill, lath mill, shingle mill, or
  cooperative stock mill,
• Motor vehicle driver or outside helper,
• Radioactive and ionizing radiations substances
• Strikes of lockouts,
• Wrecking, demolition and ship breaking,
• Manufacturing , mining or processing applications.

17
Hoists and Hoisting Apparatuses

• 16/17 year old may operate floor jacks , service
  jacks, hand jacks drive on lifts, arm lifts, (and
  some automation and signal elevators see DWD
  270.4(12)) used in conjunction with repairing or
  servicing motor vehicles.

18
17 Year Olds May Operate an Automobile If

• The driving is only occasional and incidental to
  the minors employment,
• The driving is restricted to daylight hours,
• The driving takes place within a 30-mile radius
  of the minors place of employment,
• The motor vehicle does not exceed 6,000 pounds
  gross vehicle weight,
• The minor has completed drivers education and
  has a valid license

19
17 Year Olds May Operate an Automobile If (Cont.)

• The minor has no records of any moving violations
  at the time of hire,
• The vehicle has seatbelts for all occupants, and
  the employer has instructed the minor that the
  belts must be used when driving and riding,
• The driving does not involve towing of vehicles
  route delivery or sales transportation for hire
  of property, goods, or passengers urgent time
  sensitive delivers, transporting more than 3
  passengers who are employees of the employer.

20
When Can a School-to- Work Placement Be Unpaid?

• Job Shadowing (provided no productive work takes
  place that benefits the employer).
• Service Learning
• Short term learning experience,
• Designed to promote citizenship and community
  involvement ,
• No employer / employee relationship exists,
• Limited to government al agencies, hospitals ,
  nursing homes, charitable non-profit agencies,

21
When Can a School-to- Work Placement Be Unpaid?
(cont.)

• Volunteer Work
• Limited to governmental agencies, hospitals,
  nursing homes, charitable non-profit agencies
• Volunteer receives no monetary payment

22
Things to Remember

• The Student Learners exception to the Child Labor
  Regulation is based on the fact that the minor is
  receiving educational instruction at the work
  place during the regular school day.

23
Things to Remember

• The employer and the school have the burden to
  ensure that the minor is receiving ongoing
  education, and that the work performed is within
  the restrictions of the child labor regulations.

24
Things to Remember

• If the minor has become proficient at the job,
  new educational opportunities must be provided.

25
Things to Remember

• If the minor is no longer receiving educational
  experience, they may not qualify under the
  student learner exceptions to the child labor
  regulations.

26
Things to Remember

• Any work that the minor performs outside of
  the normal school day, or during a non school
  day, is subject to the restrictions established
  under the child labor regulations. This
  includes the daily and weekly maximum work hours.
  

27
Special Minimum Wage Rate

• Available only with special minimum wage license
• Either the employer or sponsoring agency school
  may obtain the license
• Actual pay is based upon the productivity of the
  worker