Child Labor Laws & Student Learners

Jim ChiolinoDirector

Labor Standards BureauEqual Rights Division

608.266.3345jim.chiolino@dwd.wisconsin.gov

Student Learner

Must be attending an accredited school; Employed on a part-time basis to obtain

scholastic credit and employment training; Must have a written school-work training

agreement between student, employer, and school.

Student Learner Agreement Must Include

Any work prohibited under DWD 270.12- 270.13 is incidental to student learner’s training, and shall be intermittent and for short periods of time.

The student learner shall be under the direct and close supervision of a qualified and experienced person.

That safety instructions will be given by the school and correlated by the employer with on-time job training.

A schedule of organized and progressive work processes to be completed on the job.

Work Permits

Work permits are required for all student learners.

Not required for minors working under a Youth Apprenticeship agreement (however, a permit is still a good idea).

Hours of Work

Hours worked during the regular school day, as part of work experience program (including student learners), do not count toward the daily or weekly maximums.

Types of Work That Are Prohibited Under Student Learner Agreements Bakery Machines Manufacturing of brick, tile and similar products Coal mining Explosives Hoists and hoisting apparatuses Logging, saw mill, lath mill, shingle mill, or cooperage

stock mill Motor vehicle driver or outside helper Radioactive and ionizing radiations substances Strikes of lockouts Wrecking, demolition and ship breaking Manufacturing , mining or processing applications

Agriculture

No Work Permit necessary. Minors 12 years of age and older can be employed

in farming, except:– Cannot operate, or assist in the operation of, farm

machinery under the age of 16 (exception exists for those certified for operation of specific machinery under 4H or U.S Vocational AG training programs)

– Cannot be employed in any farming occupation the US Secretary of Labor finds hazardous.

Construction

Prohibitions against:– Operation of cranes, elevators, hoists, high lift

trucks, man lifts or freight elevators;– Metal –forming, punching and shearing power

driven machinery;– Operating or helping with power saws and

guillotine shears (except machines with full automatic feed and ejection):

Band saws, chainsaws, circular saws, guillotine shears, etc…

Construction

Woodworking :– Cannot operate power driven machines (including supervising or

controlling the operation of), feeding or helping to feed materials Power-driven woodworking tools = all fixed or portable machines or

tools driven by power and used or designed for cutting, shaping, forming, surfacing , nailing , stapling, wire stitching, fastening, or otherwise assembling, pressing or printing or wood veneer.

Roofing- all work performed on or about a roof.

School shop classes v. employment– Child labor laws only regulate employment, not classroom

instruction.

Hoists and Hoisting Apparatuses

16/17 year old may operate floor jacks , service jacks, hand jacks drive on lifts, arm lifts, (and some automation and signal elevators see DWD 270.12(12)) used in conjunction with repairing or servicing motor vehicles.

Manufacturing

Generally, we are looking at the machine involved to determine if the work is prohibited:

– Metal forming and woodworking machinery prohibitions.– The machine must be equipped with automatic feed and

ejection, and with fixed barrier guard to prevent hands and fingers from entering the dangerous part of the machine operations.

– If in doubt, contact the Equal Rights Division regarding specific machines.

17 Year Olds May Operate an Automobile If:

The driving is only occasional and incidental to the minor’s employment,

The driving is restricted to daylight hours, The driving takes place within a 30-mile radius of the

minor’s place of employment, The motor vehicle does not exceed 6,000 pounds

gross vehicle weight, The minor has completed driver’s education and has

a valid license

17 Year Olds May Operate an Automobile If (Cont.):

The minor has no records of any moving violations at the time of hire,

The vehicle has seatbelts for all occupants, and the employer has instructed the minor that the belts must be used when driving and riding,

The driving does not involve towing of vehicles; route delivery or sales; transportation for hire of property, goods, or passengers; urgent time sensitive delivers, transporting more than 3 passengers who are employees of the employer.

Things to Remember

The Student Learner exception to the Child Labor prohibited employment regulations is based on the premise that the minor is receiving related educational instruction at the work place and during the class time.

Things to Remember

The employer and the school have the burden to ensure that the minor is receiving ongoing education, and that the work performed is within the restrictions of the child labor regulations.

Things to Remember

If the minor has become proficient at the job, new educational opportunities must be provided.

Things to Remember

If the minor is no longer receiving educational experience, they may not qualify under the student learner exceptions to the child labor regulations.

When Can a School-to- Work Placement Be Unpaid?

Job Shadowing (provided no productive work takes place that benefits the employer).

Service Learning1. Short term learning experience,2. Designed to promote citizenship and community

involvement ,3. No employer / employee relationship exists,4. Limited to government al agencies, hospitals ,

nursing homes, charitable non-profit agencies,

When Can a School-to- Work Placement Be Unpaid? (cont.)

Volunteer Work1. Limited to governmental agencies,

hospitals, nursing homes, charitable non-profit agencies

2. Volunteer receives no monetary payment

Break Periods

Minors must receive a 30-minute break if they work a shift of more than 6 consecutive hours.

The start and stop times of the break periods must be documented.

Minimum Wage Rates

– $7.25 per hour– During the first 90 consecutive days of

employment you may pay an “opportunity rate” of $5.90 per hour. Applies to persons under the age of 20. On the 91st day, the wage must increase to

$7.25 per hour.

Special Minimum Wage

Special or “sub” minimum wages may be paid to individuals in certain situations, and under a special minimum wage license.

– An individual who has a physical or developmental disability that impairs his/her ability to perform the job when compared to an individual without a disability.

Must Also be licensed by the US Department of Labor, Wage & Hour Division, to pay less than regular minimum wage.

Interpretation of Hours Worked

Work performed for the benefit of the employer and controlled or required by the employer is work time.

Travel time Training time Meetings

Child Labor Laws & Student Learners

Jim ChiolinoDirector

Labor Standards BureauEqual Rights Division

608.266.3345jim.chiolino@dwd.wisconsin.gov