Labor Logic

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John D. Finerty, Jr.

When the school year ends this week, thousands of high school students between the ages of 14 and 17 will enter the seasonal job market. They will seek summer jobs doing everything from cleaning and construction to working at water parks and restaurants (By the way, federal law generally provides the summer runs from June 1 to Labor Day of each year). The following are a few wage and hour rules to consider when scheduling seasonal employees under the age of 18.

Work Hours Permitted

The Wisconsin Administrative Code governs when and for how long employers can schedule minors to work. The Code makes an important distinction between non-school days and work on days while school is in session. For example, Section DWD 270.05(1)(c) states: "minors 16 and 17 of age may be employed not more than 6 days per week … [and] 5 hours per day except 8 hours per day on the last school day of the week and other non-school days, 26 hours per calendar week while their respective school is in session, or 32 hours per calendar week while their respective school is in session less than 5 days per week."

While school is not in session, 16- and 17-year-old minors may work unlimited hours, but must be paid overtime for all hours worked in excess of 10 per day or 40 per week. Minors who are age 14 and 15 may not work in excess of 8 hours per day during the summer.

In addition to regulating the number of hours minors can work, the Code also regulates when minors may work. Wisconsin Administrative Code Section DWD 270.05(2)(c) states:

"minors 16 and 17 years of age may not be employed before 7:00 a.m. on school days nor before 5:00 a.m. on non-school days, nor after 11:00 p.m. on days preceding school days, nor after 12:30 a.m. on days not preceding school days. … During non-school weeks, the time of day is not regulated except between the hours of 12:30 a.m. and 5:00 a.m. they shall be under direct supervision and they shall receive at least 8 consecutive hours of rest between the ending of work and the beginning of work the next day …"

Minors age 14 and 15 may not work before 7:00 a.m. or after 11:00 p.m.; employers covered by federal law are further restricted in scheduling 14- and 15-year-olds after 9:00 p.m. during the summer.

Penalties for Violations

Section 103.82 of the Wisconsin Statutes authorizes penalties to be levied on employers in violation of the child labor laws.

Any employer who violates any of the child labor laws made by the Department or listed in Wis. Stats. §§ 103.64 to 103.82, "may be required to forfeit not less than $25 nor more than $1,000 for each day of the first offense … [.]" An employer may also be required to forfeit "not less than $250, nor more than $5,000, for each subsequent offense within 5 years, as measured from the dates the violations initially occurred." See Wis. Stats. § 103.82(1)(a). An employer can also be imprisoned for not more than 30 days for each subsequent offense. Wis. Stats. § 103.82(1)(a).

In addition to monetary and criminal penalties for repeat offenders, any employer who violates Department rules regarding hours of labor, "shall be liable, in addition to the wages paid, to pay to each minor affected, an amount equal to twice the regular rate of pay as liquidated damages, for all hours worked in violation per day or per week, whichever is greater." Wis. Stats. § 103.82(1)(b).

For more information contact John D. Finerty, Jr. at Michael Best & Friedrich at (414) 225-8269 or on the Internet at [email protected].