Chapter 103, EMPLOYMENT REGULATIONS

103.505 Collective bargaining; definitions. When used in ss. 103.505 to 103.61, and for the purposes of those sections: (1) A case shall be held to involve or to grow out of a labor dispute when the case involves persons who are engaged in a single industry, trade, craft, or occu…

103.51 Public policy as to collective bargaining. In the interpretation and application of ss. 103.505 to 103.61, the public policy of this state is declared as follows: (1) Negotiation of terms and conditions of labor should result from voluntary agreement between employer and e…

103.52 “Yellow-dog” contracts. (1) Every undertaking or promise made after July 1, 1931, whether written or oral, express or implied, between any employee or prospective employee and that person’s employer, prospective employer or any other individual, firm, company, association …

103.53 Lawful conduct in labor disputes. (1) The following acts, whether performed singly or in concert, shall be considered legal: (a) Ceasing or refusing to perform any work or to remain in any relation of employment regardless of any promise, undertaking, contract or agreement…

103.535 Unlawful conduct in labor controversies. No person may picket, or induce others to picket, the establishment, employees, supply or delivery vehicles, or customers of anyone engaged in business, or interfere with the person’s business, or interfere with any person desiring…

103.54 Responsibility for unlawful acts. No officer or member of any association or organization, and no association or organization participating or interested in a labor dispute may be held responsible or liable in any civil action at law or suit in equity, or in any criminal p…

103.545 Recruitment of strikebreakers. (1) In this section: (a) “Employer” has the meaning given under s. 111.02 (7). (b) “Strikebreaker” means any person who at least twice during the previous 12-month period has accepted employment for the duration of a strike or a lockout in p…

103.55 Public policy as to labor litigation. In the interpretation and application of ss. 103.56 to 103.59, the public policy of this state is declared to be: (1) Equity procedure that permits a complaining party to obtain sweeping injunctive relief that is not preceded by or con…

103.56 Injunctions: conditions of issuance; restraining orders. (1) No court shall have jurisdiction to issue a temporary or permanent injunction in any case involving or growing out of a labor dispute, except after hearing the testimony of witnesses in open court, with opportuni…

103.57 Clean hands doctrine. No restraining order or injunctive relief may be granted to any complainant who has failed to comply with any legal obligation which is involved in the labor dispute in question, or who has failed to make every reasonable effort to settle the dispute …

103.58 Injunctions: contents. Except as provided in s. 103.56, any restraining order or temporary or permanent injunction granted in a case involving or growing out of a labor dispute is subject to all of the following: (1) The order or injunction may be granted only on the basis…

103.59 Injunctions: appeals. If any court issues or denies any temporary injunction in a case involving or growing out of a labor dispute, the court shall, upon the request of any party to the proceedings, and on filing the usual bond for costs, immediately certify the entire rec…

103.60 Contempt cases. If a person is charged with contempt under this chapter for violation of a restraining order or injunction issued by a court, the accused shall enjoy all of the following: (1) The rights to bail that are accorded to persons accused of a crime. (2) The right…

103.61 Punishment for contempt. Punishment for a contempt, specified in s. 103.60, may be by fine, not exceeding $25, or by imprisonment not exceeding 10 days, in the jail of the county where the court is sitting, or both, in the discretion of the court. If a person is committed …

103.64 Employment of minors; definitions. As used in ss. 103.64 to 103.82: (1m) “Farming” has the meaning given in s. 102.04 (3). (2) “Nonprofit organization” means an organization described in section 501 (c) of the internal revenue code. (3) “Permit officer” means a person desi…

103.65 General standards for employment of minors. (1) A minor shall not be employed or permitted to work at any employment or in any place of employment dangerous or prejudicial to the life, health, safety, or welfare of the minor or where the employment of the minor may be dang…

103.66 Powers and duties of the department relating to employment of minors. (1) The department may investigate, determine and fix reasonable classifications of employments, places of employment and minimum ages for hazardous employment for minors, and may issue general or specia…

103.67 Minimum ages in various employments. (1) A minor 14 to 18 years of age may not be employed or permitted to work in any gainful occupation during the hours that the minor is required to attend school under s. 118.15 unless the minor has completed high school, except that an…

103.68 Hours of labor. Except as the department may from time to time issue orders as provided under s. 103.66 (2) regulating the hours of employment of minors, the following schedule of hours shall be deemed to be necessary to protect minors from employment dangerous or prejudic…

103.695 Designation of a permit officer. (1) (a) The department shall designate a school board, as defined in s. 115.001 (7), as a permit officer unless the school board refuses the designation. (b) A school board designated as a permit officer under par. (a) may assign the dutie…

103.70 Permits necessary for minors; exceptions. (1) Except as otherwise provided in sub. (2) and in ss. 103.21 to 103.31, 103.78, 938.245 (2) (a) 5. b., 938.32 (1t) (a) 2., and 938.34 (5) (b) and (5g) (c), and as may be provided under s. 103.79, a minor under 16 years of age may…

103.71 Conditions for issuance of permits. (1) Except as provided in s. 103.78, a permit shall not be issued authorizing any minor to be employed during the hours that the minor is required to attend school under s. 118.15. (2) No permit may be issued authorizing the employment o…

103.72 Refusal and revocation of permits. (1) The department or permit officer may refuse to grant permits in the case of minors who seem physically unable to perform the labor at which they are to be employed. They may also refuse to grant a permit if in their judgment the best …

103.73 Form and requisites of permit; as evidence. (1) The permit provided under s. 103.70 shall state the name and the date of birth of the minor and that the following evidence, records and papers have been examined, approved and filed: (a) Such evidence as is required by the d…

103.74 Duties of employers of minors. Every employer employing a minor under 16 years of age for whom a permit is required, except in street trades, shall: (1) Receive and file a permit authorizing employment of the minor by the employer before the minor is permitted to do any wo…

103.75 Certificates of age. (1) The department or persons designated by the department may issue certificates of age for individuals under rules the department deems necessary. In issuing a certificate of age, the department or person designated by the department shall accept as …

103.76 Proof of age in court. Whenever in any proceeding in any court under any of the labor laws or under ch. 102 there is any doubt of the age of a minor or as to whether an individual is a minor, a permit authorizing the employment of the minor issued under s. 103.70 or an age…

103.78 Minors in public exhibitions, radio and television broadcasts, modeling. (1) Nothing contained in ss. 103.64 to 103.82 shall be construed as forbidding any minor under 18 years of age to appear for the purpose of singing, playing or performing in any studio, circus, theatr…

103.79 Minor golf caddies. The department may investigate and fix by general or special order reasonable regulations related to the provision of caddy services by minors. The regulations may include a waiver or modification of permit requirements for caddies. The investigations a…

103.80 Inspection. (1) The department and school attendance officers shall visit and inspect at all reasonable times, and as often as possible, all places covered by ss. 103.64 to 103.82. (2) The failure of any employer to produce for inspection by the department, or school atten…

103.805 Fees; permits and certificates of age. (1) The department or a permit officer shall collect a fee in the amount of $10 for issuing permits under ss. 103.25 and 103.71 and certificates of age under s. 103.75. A person designated to issue permits and certificates of age who…

103.81 Advertising; penalty. (1) Except as provided in sub. (2m), during the term that the public schools are in session, a person shall not advertise or cause or permit any advertisement to be published in any newspaper for the labor or services of any minor during school hours …

103.82 Penalties. (1) (a) Any employer who employs or permits any minor to work in any employment in violation of ss. 103.64 to 103.82, or of any order of the department issued under those sections, or who hinders or delays the department or school attendance officers in the perf…

103.83 Discriminatory acts; employment of minors. Section 111.322 (2m) applies to discharge and other discriminatory acts against an employee arising in connection with any proceeding to enforce ss. 103.64 to 103.82. History: 1989 a. 228.

103.85 One day of rest in seven. (1) Every employer of labor, whether a person, partnership or corporation, who owns or operates any factory or mercantile establishment in this state, shall allow every person, except those specified in sub. (2), employed in such factory or mercan…

103.86 Employee welfare funds: default in payments. (1) Any employer who promises in writing to make payments to an employee welfare fund, either by contract with an individual employee, by a collective bargaining agreement or by agreement with such employee welfare fund, and who…

103.87 Employee not to be disciplined for testifying. No employer may discharge an employee because the employee is subpoenaed to testify in an action or proceeding pertaining to a crime or pursuant to ch. 48 or 938. On or before the first business day after the receipt of a subp…

103.88 Absence from work of volunteer fire fighter, emergency medical services practitioner, emergency medical responder, or ambulance driver. (1) DEFINITIONS. In this section: (a) “Ambulance service provider” means an ambulance service provider, as defined in s. 256.01 (3), that…

103.90 Definitions. In ss. 103.90 to 103.97: (1) “Emergency” means: (a) A temporary condition created by an act of nature, demanding immediate action, which could not reasonably have been anticipated or prevented, and which is caused entirely by the forces of nature such as rain,…

103.905 Department’s duties. The department shall: (1) Promulgate rules for the enforcement and implementation of ss. 103.90 to 103.97. (2) Cooperate and enter into agreements with departments or agencies of this state or of the United States to coordinate, administer or enforce …

103.91 Migrant labor contractors. (1) REGISTRATION REQUIRED. No person may engage in activities as a migrant labor contractor without first obtaining a certificate of registration from the department. The certificate shall constitute a permit from this state to operate as a migra…

103.915 Migrant work agreements. (1) No person may bring or arrange for another to bring a migrant worker into this state for employment, by means of an express or implied job offer induce a migrant worker to come into this state for employment, otherwise recruit a migrant worker…

103.917 Safe transportation. Any transportation provided by the employer to a migrant worker between the worker’s places of residence shall be safe and adequate. History: 1977 c. 17. 103.92 Certification of migrant labor camps. (1) AP(a) Every person maintaining a migrant labor c…

103.92 Certification of migrant labor camps. 103.92(1)(1) Application; fee. 103.92(1)(a)(a) Every person maintaining a migrant labor camp shall, annually by April 1 or 30 days prior to the opening of a new camp, make application to the department for a certificate to operate a ca…

103.925 Access and entry. Any worker shall have the right to decide who may visit with him or her in his or her residence. No person other than the resident may prohibit, bar or interfere with, or attempt to prohibit, bar or interfere with, the access to or egress from the reside…

103.926 Vacating residence. After a worker’s employment has been terminated, the employer may require a worker to vacate residence at the migrant labor camp operated by the employer upon final payment of wages to the worker. History: 1977 c. 17.

103.93 Wages. (1) WAGE PAYMENT. (a) Every employer shall pay all wages earned by any migrant worker directly to such worker on regular pay days designated in advance by the employer, but in no case less often than semimonthly. Wages shall be paid in U.S. currency or by check or d…

103.935 Hours of labor. (1) In the case of a migrant worker employed exclusively in agricultural labor as defined in s. 108.02 (2), the hours of labor shall be as follows: (a) Except in an emergency, no migrant worker may be required to work or be penalized for failure to work on…

103.94 Civil action by migrant workers. Any migrant worker aggrieved by a violation of ss. 103.90 to 103.97 by an employer or by a migrant labor contractor may maintain a civil action on the basis of such violation without regard to exhaustion of any administrative remedy. Histor…

103.945 Nonwaiver of rights. Any agreement by a migrant worker purporting to waive or to modify his or her rights under ss. 103.90 to 103.97 shall be void as contrary to public policy. History: 1977 c. 17.