State Law > Wisconsin > Wisconsin Meal and Rest Period Law

Wisconsin Meal and Rest Period Law

 

Meal and rest period requirements can be found in the Chapter 103 of the Wisconsin Statutes.

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 necessaryto protect minors from employment dangerous or prejudicial to their life, health, safety, or welfare and shallapply to minors of the ages specified therein:

(1) No minor shall be employed or permitted to work at any gainful occupation otherthan domestic service or farm labor for more than 8 hours in any one day nor more than 40 hours nor more than 6days in any one week, nor during such hours as the minor is required under s. 118.15 (2) to attend school.

(2)
No minor under 16 shall be employed or permitted to work in any gainful occupation other than domesticservice or farm labor more than 24 hours in any one week, nor, except in domestic service, farm labor, or in publicexhibitions as defined in s. 103.78, or in street trades as defined in s. 103.21, before 7 a.m. nor after 6 p.m.

(3)
At least 30 minutes shall be allowed for each meal period which shall commence reasonably close to 6 a.m.,12 noon, 6 p.m. or 12 midnight or approximately midway of any work period or at such other times as deemed reasonableby the department. No minor under age 18 shall be employed or permitted to work more than 6 consecutive hours withouta meal period.

103.74 Duties of employers of minors.

Every employer employing a minor under 18 for whom a permit is required, except in streettrades, shall:

(1) Receive and file a child labor permit authorizing employment of the minor byhim or her before the minor is permitted to do any work, and shall keep the permit on file and allow inspectionof the permit at any time by the department or any school attendance officer. A permit shall be valid only forthe employer for whom issued.

(2)
Keep a record for each employed minor's name, address, date of birth, the time of beginning and endingwork and the time for meals each day and the total hours worked each day and each week.

Minors

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 toprotect minors from employment dangerous or prejudicial to their life, health, safety, or welfare and shall applyto minors of the ages specified therein:
....

(3) At least 30 minutes shall be allowed for each meal period which shall commence reasonably close to 6 a.m.,12 noon, 6 p.m. or 12 midnight or approximately midway of any work period or at such other times as deemed reasonableby the department. No minor under age 18 shall be employed or permitted to work more than 6 consecutive hours withouta meal period.

One day rest

103.85. One day of rest in seven.

(1) Every employer of labor, whether a person, partnership or corporation, who owns oroperates any factory or mercantile establishment in this state, shall allow every person, except those specifiedin sub. (2), employed in such factory or mercantile establishment, at least 24 consecutive hours of rest in every7 consecutive days and shall not permit any such person to work for such employer during such 24 consecutive hourperiod, except in case of breakdown of machinery or equipment, or other emergency, requiring the immediate servicesof experienced and competent labor to prevent serious injury to person, damage to property, or suspension of necessaryoperations, when such experienced and competent labor is not otherwise immediately available. This shall not authorizeany work on Sunday not now authorized by law.

(2) This section does not apply to:

(a) Janitors.

(b) Security personnel.

(c) Persons employed in the manufacture of butter, cheese or other dairy products or in the distribution of milkor cream, or in canneries and freezers.

(d) Persons employed in bakeries, flour and feed mills, hotels, and restaurants.

(e) Employees whose duties include no work on Sunday other than:

1. Caring for live animals.

2. Maintaining fires.

(f) Any labor called for by an emergency that could not reasonably have been anticipated.

(3) Every employer shall keep a time book showing the names and addresses of all employeesand the hours worked by each of them in each day, and such time book shall be open to inspection by the department.

(4) If upon investigation, the department shall ascertain and determine that there be practical difficulties orunnecessary hardships in carrying out the provisions of this section, or upon a joint request of labor and management,the department may by general or special order make reasonable exceptions therefrom or modifications thereof providedthat the life, health, safety and welfare of employees shall not be sacrificed or endangered thereby. Such investigationand orders shall be made as provided under s. 103.005. Such orders shall be subject to review under ch. 227.

(5) Every employer who violates this section shall be punished as provided in s. 103.005 (11) and (12).

103.935. Hours of labor.

(1) In the case of a migrant worker employed exclusively in agricultural labor as definedin s. 108.02 (2), the hours of labor shall be as follows:
....

(2) No migrant worker may be required to work for more than 6 hours continuously without a meal period of at least30 minutes duration unless a shift can be completed within one additional hour. The meal period need not be consideredas part of the hours of labor.

(3) Each migrant worker not employed exclusively in agricultural labor as defined in s. 108.02 (2) shall be provideda rest period of at least 10 minutes duration within each 5 hours of continuous employment, which rest period shallbe considered a part of the hours of labor.

Breastfeeding in the Workplace

253.16 Right to breast-feed. A mother may breast- feed her child in any public or private location where the mother and child are otherwise authorized to be. In such a location, no person may prohibit a mother from breast-feeding her child, direct a mother to move to a different location to breast-feed her child, direct a mother to cover her child or breast while breast-feeding, or otherwise restrict a mother from breast-feeding her child as pro- vided in this section.

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