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School’s out for Summer–
Employing Minors in the Summertime
By: Kerry E. Dwyer, Esq.
kerry.dwyer@wilaw.com
414.276.5000
Many companies hire children to work over the summer. Often employers do this to provide workers' children with employment, to instill responsibility and a work ethic in area youth, or because they need additional summer help. Regardless of the motive, it is important to realize that both state and federal laws regulate employment of minors, those children under the age of 18, even in the summertime when school is not in session. Unlike many laws where federal law preempts state law, in the area of wage and hour law, whichever law is more favorable to the employee prevails. The following is a brief summary of some important issues of which employers should be aware before hiring minors.
Work Permit
All minors must have a child labor permit. These permits can be obtained from the Department of Workforce Development or generally from the child's school. The employer must either forward the $5.00 permit fee or reimburse the child for the cost. The child labor permit must be on file before the child begins performing services for the company. Note that if a minor is injured or dies due to a work related injury, any employer permitting the minor to work without a proper permit may have a double compensation assessment made against it under the Wisconsin worker's compensation law. Triple compensation may be assessed if the minor was injured while on a job task prohibited by law or was under the permit age, regardless of whether the permit was issued.
Minimum Wage Rates
While Wisconsin 's minimum wage for adults is $6.50 per hour, minor employees may be paid $5.90 per hour.
Meal and Break Periods
The law does not require meal and break periods for adults, but it does require that all minors must have at least a one-half hour meal break if they work more than 6 consecutive hours. This meal break is to be as close as possible to 6:00 a.m., 12:00 p.m., 6:00 p.m., or 12:00 a.m., or approximately mid-way of any work shift.
Hours of Work
All employers who employ minors must post the hours and times of day minors may work under both federal and state laws. Click here for a chart which contains the hours a minor may work (PDF). This chart is a combination of the state and federal laws and provides the more restrictive requirements. Note: Because it is a combined chart, this chart should not be used as the official poster, but rather as a guide.
Prohibitive Employment
There are many types of employment that are prohibited to minors. While all cannot be listed in this article, it is worth mentioning the fact that a child under the age of 16 may not use a power driven lawn mower, lawn trimmer, weed cutter, or snow blower on behalf of an employer. (No worries about making your teenager mow your lawn – the restriction generally does not apply to a private residence). Similarly, a minor generally may not be employed in a driving capacity. There is a limited exception for 17 year olds who drive only sporadically as a part of their work and under certain conditions, but these conditions should be carefully reviewed before a minor is permitted to drive as part of the job.
For more information concerning summer employment of minors, please call Kerry Dwyer at (414) 276-5000 for assistance.
*All information appearing in this article is for informational purposes only and is not legal advice. This article does not create an attorney-client relationship with any reader. Do not act upon any information contained in this article without seeking professional legal counsel.
