Child Labor Laws in Wisconsin: Youth Employment Rules

Federal child labor law, codified primarily in the Fair Labor Standards Act (FLSA), 29 U.S.C. § 212 and § 213, sets a national floor for youth employment protections. The FLSA prohibits employment of minors under 14 in most non-agricultural jobs, limits work hours for minors 14–15 to no more than 3 hours on school days and 18 hours per week during school weeks (with summer exceptions), and bans minors under 16 from hazardous occupations including mining, manufacturing, operation of power-driven machinery, and roofing work.

Employers covered include all employers engaged in interstate commerce with employees covered by the FLSA. The U.S. Department of Labor (DOL) enforces federal child labor rules. Violations carry civil penalties up to $15,000 per violation, and repeated violations can result in criminal prosecution, fines up to $10,000, and imprisonment. The FLSA allows certain exceptions for agricultural work, newspaper delivery, and family-owned businesses, though restrictions remain strict.

Wisconsin adopts the federal FLSA framework but imposes additional restrictions in several areas through Wisconsin Statutes chapter DSPS 101–102, administered by the Department of Safety and Professional Services. Wisconsin's law is generally comparable to or slightly more restrictive than federal law in key respects.

Under Wisconsin law, children under 14 are prohibited from working in all occupations except: agriculture and agricultural services, newspaper delivery (before 6 a.m. or after 6 p.m. restricted in some cases), and work in a parent's or guardian's business provided the work does not involve hazardous duties. Minors ages 14–15 may work in retail, food service, and other non-hazardous jobs, but only with a work permit. Minors ages 16–17 may work in most non-hazardous occupations but still require work permits.

Work hour restrictions under Wisconsin law apply specifically to school-term periods: minors under 16 cannot work more than 8 hours on any day when school is in session, and no more than 40 hours per week during school weeks. During non-school periods (summer, breaks), minors under 16 may work up to 10 hours per day and 50 hours per week, though federal rules may impose tighter limits in some cases. Minors ages 16–17 have fewer hour restrictions but remain subject to state permit requirements.

Wisconsin prohibits all minors under 18 from employment in occupations designated as hazardous under Wisconsin Statutes § DSPS 102.07, including mining, logging, manufacturing (involving power-driven machinery), roofing, excavation, and operation of certain equipment. The state law also bans minors from occupations involving exposure to radioactive substances, toxic chemicals, and extreme temperatures.

All minors employed outside agriculture and domestic service must obtain a work permit (also called a work certificate) from their school district or local authority. State law requires employers to verify the permit before hiring. Remedies for violations include cease-and-desist orders, civil penalties up to $1,000 per violation, and possible criminal charges for willful violations. Unlike federal law, Wisconsin allows for state administrative enforcement through the DSPS without requiring involvement of the U.S. Department of Labor in all cases.

Wisconsin law provides limited exceptions to youth employment restrictions. The primary exception is for minors working in agriculture and agricultural services, where different rules apply and hour restrictions are more relaxed, though minors under 16 still cannot work before 7 a.m. or after 7 p.m. on school days. Newspaper delivery is permitted for minors under 14, though delivery before 6 a.m. or after 6 p.m. may be restricted depending on school district policies.

Minors may also work in a parent's, guardian's, or custodian's business if the work does not involve hazardous duties, operation of power-driven machinery, or occupations otherwise banned for youth. However, the parent or guardian must ensure compliance with all hour restrictions and permit requirements. Work in domestic service (such as babysitting or household work for non-family employers) may have different rules and is sometimes exempt from permit requirements if informal and occasional.

Common employer defenses include: (1) good-faith reliance on a valid work permit that later proves falsified, (2) misrepresentation of age by the minor using fraudulent documents, and (3) employment in a genuinely family-operated business. However, employers cannot escape liability by claiming ignorance of age or failure to request a permit; the burden falls on the employer to verify compliance. Union apprenticeship programs registered with the Wisconsin Department of Safety and Professional Services may operate under different rules but still must comply with core age and hazard restrictions. Minors in such programs are monitored separately by the apprenticeship sponsor.

Step 1 — Document the violation. Gather written records of the minor's hire date, hours worked (time cards, schedules), job duties, supervisor names, and any communications about the position. Photograph or copy the work site showing hazardous conditions if applicable. Note dates, times, and names of witnesses (coworkers, supervisors, other minors) who observed the violation. Keep pay stubs, employment contracts, or offer letters. If you experienced retaliation after complaining, document dates, times, and details of any adverse action (reduced hours, termination, threats, negative evaluation).

Step 2 — Attempt internal resolution if safe to do so. Speak directly with your supervisor or the human resources department and state clearly that you believe the employer is violating Wisconsin child labor law, citing the specific issue (excessive hours, hazardous job, missing work permit, age restriction). Request written confirmation of your complaint. If you are a parent or guardian of a minor employee, contact the employer directly to report the violation. If the employer dismisses your complaint or retaliates, proceed to external agencies. Internal complaints are not required by law but create a paper trail and sometimes prompt corrective action.

Step 3 — File a complaint with the Wisconsin Department of Safety and Professional Services (DSPS), Division of Industry Services. Visit the DSPS website at dsps.wi.gov or call (608) 266-2112. You may file online, by mail, or by phone. Provide the employer's name, address, phone number, the minor's name and age, specific dates of violations, and a detailed description of how Wisconsin child labor law was violated (e.g., "My 15-year-old worked 12 hours on a school day," or "Employer had me operate a table saw without training"). Include your contact information and relationship to the minor. There is no filing deadline, but complaints are more effective when filed within 30–60 days of the violation. Alternatively, you may file a federal complaint with the U.S. Department of Labor (DOL) Wage and Hour Division at dol.gov/agencies/whd or by calling 1-866-4-US-WAGE (1-866-487-9243), though the DSPS is the primary Wisconsin enforcer.

Step 4 — Expect the investigation process to unfold over 4–12 weeks. The DSPS will contact the employer to verify the allegations and may conduct an on-site inspection of the workplace. During the investigation, the employer has the right to respond and may produce records such as the minor's work permit, time records, and a written explanation. The investigator may interview the minor, parents, coworkers, and supervisors. You may be asked for a follow-up statement. Once the investigation concludes, the DSPS will issue a written determination stating whether a violation occurred. If a violation is found, the employer may receive a cease-and-desist order, a notice of corrective action, or a civil penalty (up to $1,000 per violation for non-willful violations; higher for willful). The employer has a right to appeal the determination.

Step 5 — Consult an employment attorney if the violation was serious, caused injury, led to retaliation, or if the employer contests the DSPS finding. An attorney can file a private lawsuit under Wisconsin Statutes § DSPS 102.09 for damages (unpaid wages, lost hours), attorney's fees, and court costs. If a hazardous job caused physical injury, consult an employment or personal injury attorney to discuss potential workers' compensation claims and tort liability. If retaliation occurred (firing, hour reduction, negative evaluation), an attorney can pursue a retaliation claim under Wisconsin whistleblower law. Most employment attorneys offer free initial consultations and work on contingency for wage-and-hour and retaliation cases.