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 mercantile establishment, at least 24 consecutive hours of rest in every 7 consecutive days and shall not permit any such person to work for such employer during such 24 consecutive hour period, except in case of breakdown of machinery or equipment, or other emergency, requiring the immediate services of experienced and competent labor to prevent serious injury to person, damage to property, or suspension of necessary operations, when such experienced and competent labor is not otherwise immediately available. This shall not authorize any 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 milk or 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.
(g) An employee who states in writing that he or she voluntarily chooses to work without at least 24 consecutive hours of rest in 7 consecutive days.
(3) Every employer shall keep a time book showing the names and addresses of all employees and 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 or unnecessary 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 provided that the life, health, safety and welfare of employees shall not be sacrificed or endangered thereby. Such investigation and 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).
History: 1971 c. 185 s. 7; 1971 c. 228 s. 43; 1985 a. 135; 1995 a. 27; 2015 a. 55.
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.