1. (1) Permits necessary for minors. Except as provided in sub. (2), no minor under 16 years of age may be employed or permitted to work in any gainful occupation unless the minor first obtains from the department or a permit officer a permit under sub. (3) 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. (2) Exceptions. Minor labor permits are not required in the following circumstances:

   1. (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.
   2. (b) The minor will be working in public exhibitions, radio and television broadcasts, or modeling and meets the requirements of s. 103.78, Stats.
   3. (c) The minor is 12 years of age or over and engaged in farming.
   4. (e) The minor is 14 years of age or over and enrolled in a youth apprenticeship program under s. 106.13, Stats.
   5. (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.
   6. (g) The minor will be working to fulfill the requirements of a consent decree pursuant to s. 938.32 (1t) (a) 2., Stats.
   7. (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.

3. (3) Method of issuing.

   1. (am) Minor labor permits may be obtained from the department under par. (bm) or a permit officer under par. (cm).

   2. (bm) Minor labor permits issued by the department may be obtained through the department's online work permit application portal at the request of the minor’s parent, guardian, or court-ordered foster parent who attests all of the following:

      1. 1. The minor is of the appropriate age for the position as of the date the minor commences employment.
      2. 2. The minor has a bona find offer of employment from the employer, including the job duties, hours of work, and time of day the minor will be working.

      Note: The department’s online work permit application portal can be found on the department's website at: https://dwd.wisconsin.gov/er/laborstandards/workpermit/default.htm.

   3. (cm) Minor labor permits issued by a permit officer may be obtained by presenting evidence of the following to the permit officer:

      1. 1. The minor is of the appropriate age for the position as of the date the minor commences employment, as provided in s. DWD 270.07.
      2. 2. The minor has a bona fide offer of employment from the employer, including the job duties, hours of work, and time of day the minor will be working.
   4. (e) Payment of the permit fee is the responsibility of the employer. If the minor advances the fee, the employer shall reimburse the minor no later than the first paycheck. Payment of the fee is collected by the department on its online work permit application portal or by the permit officer.
4. (4) Permit form. The permit shall be issued upon a form established by the department. For permits issued by the department, the department shall distribute electronic copies of the permit to the employer, the minor, and the school district that the minor attends. The department shall provide a paper version for use by permit officers. A permit officer shall distribute the original to the employer and copies to the minor, the department, and the school district that the minor attends.

5. (5) Revocation or suspension of permits.

   1. (b) The department may revoke or suspend any permit immediately, without prior notice, whenever any of the following apply:

      1. 1. The permit has been improperly or illegally issued.
      2. 2. The physical or moral welfare or school attendance of the minor would be best served by the revocation or suspension of the permit.
      3. 3. The failing school performance of the minor would be remedied by the revocation of the permit.
   2. (c) The department may revoke or suspend any permit under par. (b) 2. or 3. if requested in writing by the school principal or the minor’s parent, legal guardian, or court–ordered foster parent. The requesting party shall demonstrate that there has been some attempt to resolve the issue between the minor, school, parent or guardian, and employer before the request for revocation or suspension is made to the department.
   3. (d) The department shall revoke a permit if ordered to do so under s. 938.342 (1g) (e), Stats.
   4. (e) If the department revokes a permit, the department shall, by registered mail, notify the person employing the minor and the minor holding the permit. Upon receipt of the notice, the employer of the minor shall immediately return the revoked permit to the department and discontinue the employment of the minor.

History

History: CR 04-010: cr. Register November 2004 No. 587, eff. 12-1-04; CR 26-015: am. (title), (1), (2) (intro.), (c), r. (2) (d), am. (2) (e), r. (2) (i), renum. (3) (intro.) to (3) (am) and am., r. (3) (a) to (d), cr. (3) (bm), (cm), am. (3) (e), renum. (4) (a) to (4) and am., r. (4) (b), am. (5) (title), r. (5) (a) Register May 2026 No. 845, eff. 6-1-26.