What the statutes mean

• You may not employ a 14 to 18 year old child during the hours that the child is required to attend school unless the child has completed high school.

• You may not hire a child under 14 that is unrelated to you for any purpose. This includes grass cutting, snow shoveling and other work around your business. (Children 12 and older may be hired for this work but only if it is at your home.)

• You may hire your own child to work at your office as long as they are at least 12 years of age and they are under your direct supervision.

• Minor over 16 years old may only work

– 8 hours in any one day
– 40 hours in any one week
– 6 days in any one week
– Outside of school hours

• Minor under 16 years old may only work

– 8 hours in any one day
– 24 hours in any one week
– 6 days in any one week
– During the hours from 7 a.m. to 6 p.m.

• Minors must have at least 30 minutes for each meal period. The meals must be scheduled reasonably close to 6 a.m., 12 noon, 6 p.m. or 12 midnight or approximately midway during their work period. No minor is permitted to work more than 6 hours without a meal.

• All minors must obtain a work permit naming you as the employer before you hire them. You must keep a copy of the permit on file.

• You must keep of record of the minor’s name, address, date of birth, the time of beginning and ending work and the time for meals each day and the total hours worked each day and each week.

• Penalties for violating these laws are $25 - $1,000 for each day of the first offense and, for the 2nd or subsequent violation within 5 years $250 - $5,000 for each day of the 2nd or subsequent offense or imprisoned not more than 30 days or both.

Practical advice

These laws apply to everyone and a parent does not have the right to waive the law on behalf of their child. For example, a staff member may not give their child permission to work in your office unless they have a permit and the work is scheduled as described above. Be sure to keep your payroll records and include records that show mealtimes of minors that work for you.

Statute excerpts

103.67(1) A minor 14 to 18 years of age shall not be employed or permitted to work in any gainful occupation during the hours that the minor is required to attend school under s. 118.15 unless the minor has completed high school, except that any minor may be employed in public exhibitions as provided in s. 103.78.

103.67(2) A minor under 14 years of age shall not be employed or permitted to work in any gainful occupation at any time, except that:

(a) Minors 12 years of age or older may be employed in school lunch programs of the school which they attend.

(b) Minors under 14 years of age may be employed in public exhibitions as provided in s. 103.78.

(c) Minors 12 years of age or older may be employed in street trades, and any minor may work in fund-raising sales for nonprofit organizations, public schools or private schools, as provided in ss. 103.21 to 103.31.

(d) Minors 12 and 13 years of age may be employed as caddies on golf courses, if they use caddy carts.

(e) Minors 12 years of age or older may be employed in agricultural pursuits.

(f) Minors 12 years of age or older may be employed in and 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 and the type of employment is not specifically prohibited by ss. 103.64 to 103.82 or by any order of the department.

(g) Unless prohibited under s. 103.65, minors 12 years of age or older may be employed under the direct supervision of the minor’s parent or guardian in connection with the parent’s or guardian’s business, trade or profession.

(h) Minors 12 and 13 years of age may be employed as sideline officials for high school football games.

(i) Minors 11 to 13 years of age may be employed as ball monitors at high school football games and practices.

(j) Minors under 14 years of age may be employed as participants in a restitution project under s. 938.245 (2) (a) 5., 938.32 (1t) (a), 938.34 (5) or 938.345 or a supervised work program or other community service work under s. 938.245 (2) (a) 6., 938.32 (1t) (b), 938.34 (5g), 938.343 (3) or 938.345.

103.67(3) Sections 103.64 to 103.82 do not apply to the employment of a minor engaged in domestic or farm work performed outside school hours in connection with the minor’s own home and directly for the minor’s parent or guardian.

Limits on hours of labor

103.68 Except as the department may from time to time issue orders as provided under s. 103.66 (2) regulating the hours of employment of minors, the following schedule of hours shall be deemed to be necessary to protect minors from employment dangerous or prejudicial to their life, health, safety, or welfare and shall apply to minors of the ages specified therein:

(1) No minor shall be employed or permitted to work at any gainful occupation other than domestic service or farm labor for more than 8 hours in any one day nor more than 40 hours nor more than 6 days in any one week, nor during such hours as the minor is required under s. 118.15 (2) to attend school.

(2) No minor under 16 shall be employed or permitted to work in any gainful occupation other than domestic service or farm labor more than 24 hours in any one week, nor, except in domestic service, farm labor, or in public exhibitions as defined in s. 103.78, or in street trades as defined in s. 103.21, before 7 a.m. nor after 6 p.m.

(3) At least 30 minutes shall be allowed for each meal period which shall commence reasonably close to 6 a.m., 12 noon, 6 p.m. or 12 midnight or approximately midway of any work period or at such other times as deemed reasonable by the department. No minor under age 18 shall be employed or permitted to work more than 6 consecutive hours without a meal period.

Permits necessary for minors

103.70(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, unless indentured as an apprentice in accordance with s. 106.01, or unless 12 years and over and engaged in agricultural pursuits, or unless 14 years and over and enrolled in a youth apprenticeship program under s. 106.13, shall not be employed or permitted to work at any gainful occupation or employment 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 shall not exceed the maximum hours prescribed by law.

Duties of employers of minors

103.74 Every employer employing a minor under 18 for whom a permit is required, except in street trades, shall: (1) Receive and file a child labor permit authorizing employment of the minor by him or her before the minor is permitted to do any work, and shall keep the permit on file and allow inspection of the permit at any time by the department or any school attendance officer. A permit shall be valid only for the employer for whom issued. (2) Keep a record for each employed minor’s name, address, date of birth, the time of beginning and ending work and the time for meals each day and the total hours worked each day and each week.