1. (1) Definitions. In this section:

   1. (a) “Day” means a calendar day.
   2. (b) “Week” means a calendar week or a regular reoccurring period of 168 hours in the form of 7 consecutive calendar days.
2. (2) Identification. The identification card as provided in s. 103.25, Stats., shall be required for minors employed in street trades. No charge shall be made for the identification cards.
3. (3) Meal periods. At least 30 minutes shall be allowed for each meal period reasonably close to the usual meal period time. In no case shall a minor under 18 years of age be employed or permitted to work more than 6 consecutive hours without a meal period.

4. (4) Hours of work and time of day of work.

   1. (a) Minors under 12 years of age may work in a fundraising sale for a non-profit organization, a public or private school. Minors under 12 years of age must submit written approval from their parent or guardian to the non-profit organization, public or private school. Each minor or group of minors under 9 years of age must be physically accompanied by a parent or person at least 16 years of age.
   2. (b) No minor under 16 years of age shall be employed or permitted to work at any street trade more than 6 days per week except for the delivery of newspapers; 4 hours per day, except 8 hours per day on Fridays, Saturdays, Sundays and other non-school days, 18 hours per calendar week while their respective school is in session, or 24 hours per calendar week while their respective school is in session less than 5 days per week or 40 hours per week during non-school weeks, nor before 7:00 a.m. except for the delivery of newspapers 5:00 a.m., nor after 8:00 p.m. on days preceding school days and not later than 9:00 p.m. on days not preceding school days.
   3. (c) Hours worked as part of a work experience program during school hours will not count as part of the total permitted hours of work per day or per week.
   4. (d) Minors 16 and 17 years of age must receive overtime as provided under the employer’s pay plan to other workers, but in no case shall the payment be less than time and one-half their regular rate of pay for all overtime hours worked over 10 hours per day or over 40 hours per week whichever is greater.
   5. (e) Minors may not be employed during the hours they are required to attend school under s. 118.15, Stats., nor contrary to local curfew ordinances establishing an earlier restriction.
   6. (f) In court ordered restitution or community services programs, minors under 14 years of age may be employed as participants in a restitution project as provided under s 103.67 (2) (j), Stats.
5. (5) Higher standards. Nothing in this section shall authorize noncompliance with any federal or state law, regulation, or municipal ordinance establishing a higher standard. If more than one standard within the Wisconsin Administrative Code applies to a single activity, the higher standard shall be applicable.

6. (6) Requirements to obtain a street trades permit. When a street trades permit is required for a minor under 16 years of age under s. 103.25, Stats., the permit shall be issued by the department or a permit officer when the following is presented to the department or permit officer on a form established by the department:

   1. (a) Proof of age as provided in s. DWD 270.07.
   2. (b) The minor's bona fide offer of employment from the employer, including the job duties, hours of work, and time of day the minor will be working.

   3. (c) For street trades that are house-to-house, the minor's permanent address and social security number.

      Note: See s. 103.805, Stats., for instruction of payment of fees for street trades permits.

7. (7) Permit and identification card. The department or permit officer shall issue a street trades permit and identification card on forms furnished by the department. The department or permit officer shall provide the permit original to the employer and identification card to the minor. The department or permit officer shall retain a copy of the permit and provide copies of the permit to the minor and the school district that the minor attends, if the school district is in this state. If a permit officer issues the street trades permit, the permit officer shall provide a copy to the department.

8. (8) Revocation or suspension of permits.

   1. (a) The department may revoke or suspend any permit whenever the permit has been improperly or illegally issued, or the physical, moral welfare or the best interest of the minor would be served by revocation or suspension.
   2. (b) The department may revoke or suspend any permit if requested in writing by the school principal or the minor’s parent or guardian who has legal custody of the minor or the court-ordered foster parent while the minor is under their care and supervision. The requesting party shall demonstrate some attempt has taken place to resolve the work problem between the minor, school, parent or guardian and employer before the request for revocation or suspension is made to the department.

History

History: CR 26-015: cr. (title), (1) (intro.), renum. (1) (a), (b), (2), (3), (4) (title), (a), (b), (c), (d), (e), (f), (5), (8) from DWD 271.04 (8), (9), 271.01, 271.03, 271.04 (title), (1), (2), (4), (5), (6), (10), 271.05, 271.08 and, as renumbered, am. (4) (d) to (f), (5), (8) (b) Register May 2026 No. 845, eff. 6-1-26; renumbered (6) (a) to (6) under s. 13.92 (4) (b) 1., Stats., Register May 2026 No. 845.