103.70 Permits necessary for minors; exceptions.

(1) Except as otherwise provided in sub. (2) and in ss. 103.21 to 103.31, 103.78, 938.245 (2) (a) 5. b., 938.32 (1t) (a) 2., and 938.34 (5) (b) and (5g) (c), and as may be provided under s. 103.79, a minor under 16 years of age may not be employed or permitted to work at any gainful occupation or employment, unless 12 years and over and engaged in farming, unless 14 years and over and enrolled in a youth apprenticeship program under s. 106.13, or unless there is first obtained from the department or a permit officer a written permit authorizing the employment of the minor within those periods of time stated in the permit, which may not exceed the maximum hours prescribed by law.

(2)

(a) A minor under 16 years of age may be employed without a permit in or 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; is in accordance with the minimum age stated in s. 103.67 (2) (f); and is not specifically prohibited by ss. 103.64 to 103.82 or by an order of the department.

(b) A minor under 16 years of age may be employed without a permit 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 and is in accordance with the minimum age stated in s. 103.67 (2) (fm).

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.

(d) A minor of any age may be employed without a permit in the business, trade, or profession of the minor's parent or guardian as provided in s. 103.67 (2) (g).

History: 1971 c. 271; 1973 c. 59; 1979 c. 234; 1987 a. 187; 1993 a. 437; 1995 a. 27, 352; 2001 a. 16, 109; 2009 a. 92, 291; 2015 a. 55; 2017 a. 11, 168.

All enrollees of a federally sponsored and locally administered program were employees and were required to be covered by suitable work permits unless they were exempt because of age or the nature of their activities. The department does not have the authority to waive the permit fee, there being no statutory exemption. 62 Atty. Gen. 256.