Youth Apprenticeship Child Labor
The following child labor law information is for Youth Apprenticeship and other work-based learning programs (Co-op, Skills Certified Co-op); Employers, Instructors, Students and Parents.
- Labor Standards Bureau Director Jim J. Chiolino, Phone 608-266-3345.
- Joy Gander, Gander Consulting, is contracted to provide Risk Management Services to Wisconsin's public schools as part of a Wisconsin Association of School Boards contract. Phone: 608-286-0286 or email Joy M. Gänder, CPCU, ARM, Principal.
Child Labor Information for Work-Based Learning
In order to be considered a student learner, minors must meet the following criteria:
- Enrolled in a school to work-based learning program sponsored by an accredited school, the technical college system board or DWD’s Youth Apprenticeship program.
- Enrolled in school and receiving school credit for program participation.
- Receive appropriate safety instruction at the school and at the workplace.
- Work performed is under direct and close supervision of a qualified and experienced person.
- Work performed in any occupation declared hazardous is
incidental to the training and is for intermittent and short periods of time.
- NOTE: Student Learner status does NOT override the child labor laws. The student learner exception limits the minor to performing some hazardous tasks to an incidental (less than 5% of their work time) and occasional (not a regular part of their job) basis. ( See Wis. Admin. Code DWD 270.14(3)(f)).
- There is a schedule of organized and progressive work processes to be performed on the job.
Required for lawful employment of minors under 18 years of age in work in connection with the business, trade, or profession of an employer. Should the ownership of the business change, the minor would need to obtain a new work permit. A child labor permit does not does not protect the employer if it allows the minor to do any work that is prohibited by child labor laws.
Work Permits are NOT Needed for:
- Agricultural work.
- Domestic employment - Work within a private home that is not a business, such as babysitting, yard work.
- Volunteer work for a non-profit agency, such as a volunteer at a non-profit hospital. Minors cannot perform prohibited work while volunteering. See Wis. Admin. Code DWD 270.18.
- The Youth Apprenticeship (YA) Program. Students and employers must have an
approved Education Training Agreement on file with the school AND the
NOTE: Students and employers do not need to obtain a separate work permit for the work to be performed as a part of the YA program, although it is highly recommended. If employers hire youth apprentices to perform other work duties outside of their YA duties, a work permit is required.
- Court-ordered restitution or court-ordered community service.
- A minor may be employed without a permit by a nonprofit organization in and
around the home of an elderly person or a person with a disability to perform
snow shoveling, lawn mowing, leaf raking, or other similar work usual to the
home of the elderly person or person with a disability, if all of the following apply:
- The work is not in connection with or a part of the business, trade, or profession of that person and is in accordance with the minimum age stated in Wis. Stat. 103.67(2)(fm).
- The type of employment is not specifically prohibited by Wis. Stat. 103.64 to 103.82 or by any order of the department.
- The minor is paid the applicable minimum wage under Wis. Stat. 104 or under federal law, whichever is greater for the work.
- The minor’s parent or guardian provides the nonprofit organization with his or her written consent for the minor to perform the work.
- A minor may be employed without a permit as an election inspector.
- Child Labor Law Guidance for Employers of Minors
- Child Labor Laws - Wis. Admin. Code DWD 270
- Youth Apprenticeship Programs. Restrictions applicable to:
- Agriculture, Food and Natural Resources YA - Agriculture, Animals, Vet, Greenhouse, Crops, Landscaping
- Architecture and Construction YA - Architecture Drafting and Planning
- Arts, A/V Technology and Communications YA - Graphic Arts and Printing
- Finance YA - Accounting, Banking, Insurance
- Health Science YA - Medical Assistant, Medical Office, Nursing Assistant, Pharmacy Tech, Health Support Services
- Hospitality, Lodging and Tourism YA - Food and Beverage, Lodging, Reservations, Tours, Meetings & Events, Hospitality Sales & Marketing, Management
- Information Technology YA - IT Hardware, Software, Web
- Manufacturing YA - Assembly, Production, Machining, Welding, Production Operations, Equipment Maintenance
- STEM YA - Engineering, Bioscience
- Transportation, Distribution and Logistics YA - Auto Tech, Auto Collision, Warehousing & Inventory, Logistics
- Child Labor Laws and FAQs, DWD Equal Rights Division
- Labor Standards home page, DWD Equal Rights Division
- Youth Rules!, a US Department of Labor website for teens, parents, educators and employers
- Young Workers, a US Department of Labor - OSHA website
- Youth@Work: Talking Safety Wisconsin, a Centers for Disease Control and Prevention (NIOSH) website