103.02 Hours of labor. No person may be employed or be permitted to work in any place of employment or at any employment for such period of time during any day, night or week, as is dangerous or prejudicial to the person's life, health, safety or welfare. The department shall investigate, ascertain, determine and fix such reasonable classification, and promulgate rules fixing a period of time, or hours of beginning and ending work during any day, night or week, which shall be necessary to protect the life, health, safety or welfare of any person, or to carry out the purposes of ss. 103.01 to 103.03. The department shall, by rule, classify such periods of time into periods to be paid for at regular rates and periods to be paid for at the rate of at least one and one-half times the regular rates. Such investigations, classifications and orders shall be made as provided in s. 103.005 and the penalties under s. 103.005 (12) shall apply to and be imposed for any violation of ss. 103.01 to 103.03. Such orders shall be subject to review in the manner provided in ch. 227. Section 111.322 (2m) applies to discharge or other discriminatory acts arising in connection with any proceeding under this section.
History: 1971 c. 228 s. 43; 1975 c. 94; 1989 a. 228; 1995 a. 27.
This chapter does not provide the exclusive remedy for enforcement of claims under this section. Claims may be enforced by a private action brought under s. 109.03 (5). German v. DOT, 223 Wis. 2d 525, 589 N.W.2d 651 (Ct. App. 1998), 98-0250.
Affirmed. 2000 WI 62, 235 Wis. 2d 576, 612 N.W.2d 50, 98-0250.
A violation of the public policy expressed by this section is grounds for a wrongful discharge action. Wilcox v. Niagra of Wisconsin Paper Corp., 965 F.2d 355 (1992).
Wisconsin requires time spent donning and doffing safety gear to be compensated at the minimum wage or higher, and that this time counts toward the limit after which the overtime rate kicks in. Wisconsin law is not preempted by federal law. Spoerle v. Kraft Foods Global, Inc., 614 F.3d 427 (2010).
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 103 - Employment regulations.
103.005 - Powers, duties and jurisdiction of department.
103.007 - Local regulation of hours of labor and overtime; statewide concern; uniformity.
103.01 - Hours of labor; definitions.
103.025 - Hours of labor; compensatory time.
103.04 - Labor and industry review commission.
103.05 - Hiring reporting system; state directory of new hires.
103.06 - Worker classification compliance.
103.10 - Family or medical leave.
103.11 - Bone marrow and organ donation leave.
103.12 - Local regulation of employment benefits; statewide concern; uniformity.
103.13 - Records open to employee.
103.14 - Grooming requirement; notification.
103.15 - Restrictions on use of an HIV test.
103.16 - Seats for employees; penalty.
103.165 - Employee's cash bonds to be held in trust; duty of employer; penalty.
103.18 - Threat or promise to influence vote.
103.21 - Street trades; definitions.
103.22 - General standards and powers of the department.
103.245 - Designation of a permit officer.
103.25 - Permits and identification cards.
103.26 - Refusal or revocation of permits and identification cards.
103.27 - Duties of employers of minors in street trades.
103.275 - Duties of employers in house-to-house street trades.
103.30 - Penalty on newspapers for allowing minors to loiter around premises.
103.31 - Penalty on parent or guardian.
103.32 - Recovery of arrears of wages.
103.33 - Discriminatory acts; street trades.
103.34 - Regulation of traveling sales crews.
103.35 - Information required for licensure.
103.37 - Certain requirements to obtaining employment prohibited.
103.38 - Eight-hour work day; applicability.
103.43 - Fraudulent advertising for labor.
103.45 - Time checks; penalty.
103.455 - Deductions for faulty workmanship, loss, theft or damage.
103.457 - Listing deductions from wages.
103.465 - Restrictive covenants in employment contracts.
103.503 - Substance abuse prevention on public works and public utility projects.
103.505 - Collective bargaining; definitions.
103.51 - Public policy as to collective bargaining.
103.52 - “ Yellow-dog" contracts.
103.53 - Lawful conduct in labor disputes.
103.535 - Unlawful conduct in labor controversies.
103.54 - Responsibility for unlawful acts.
103.545 - Recruitment of strikebreakers.
103.55 - Public policy as to labor litigation.
103.56 - Injunctions: conditions of issuance; restraining orders.
103.57 - Clean hands doctrine.
103.58 - Injunctions: contents.
103.59 - Injunctions: appeals.
103.61 - Punishment for contempt.
103.64 - Employment of minors; definitions.
103.65 - General standards for employment of minors.
103.66 - Powers and duties of the department relating to employment of minors.
103.67 - Minimum ages in various employments.
103.695 - Designation of a permit officer.
103.70 - Permits necessary for minors; exceptions.
103.71 - Conditions for issuance of permits.
103.72 - Refusal and revocation of permits.
103.73 - Form and requisites of permit; as evidence.
103.74 - Duties of employers of minors.
103.76 - Proof of age in court.
103.78 - Minors in public exhibitions, radio and television broadcasts, modeling.
103.805 - Fees; permits and certificates of age.
103.81 - Advertising; penalty.
103.83 - Discriminatory acts; employment of minors.
103.85 - One day of rest in seven.
103.86 - Employee welfare funds: default in payments.
103.87 - Employee not to be disciplined for testifying.
103.905 - Department's duties.
103.91 - Migrant labor contractors.
103.915 - Migrant work agreements.
103.917 - Safe transportation.
103.92 - Certification of migrant labor camps.
103.94 - Civil action by migrant workers.
103.945 - Nonwaiver of rights.
103.96 - Retaliation prohibited.
103.967 - Duties of council on migrant labor.
103.968 - Council review of rules.