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WI · agricultural-work rules for minors

Wisconsin agricultural work rules for minors

Federal FLSA § 213(c) lets minors work in agriculture at younger ages than in other industries, with no federal hour cap outside school hours. Wisconsin layers state-specific rules on top of that framework — whichever is stricter binds the employer (FLSA § 218(a)). This page covers the Wisconsin ag-work floor: minimum ages on and off the family farm, hazardous-occupation cutoffs, school-hours rules, the parental-farm exemption as Wisconsin treats it, and the exact state-code citation.

Quick facts

Min age off-parent farm
12+
Min age for ag-hazardous work
16+
Parent-owned farm exemption
Mirrors federal § 213(c)
State daily / weekly hour cap
None (FLSA floor)
State statute
Wisconsin Statutes §§ 103.64-103.82 (Employment of Minors)
Last verified

Wisconsin vs the federal FLSA floor

Each row compares Wisconsin's rule to the federal floor under 29 USC § 213(c) and 29 CFR §§ 570.70 – 570.72. When the state is stricter, the state rule binds the employer; when the state is looser or silent, the federal floor still applies (§ 218(a)).

Wisconsin agricultural-work rules compared to the federal FLSA floor.
DimensionFederal floorWisconsinDelta
Min age off parent farm12 with parental consent / 14 without12+Matches FLSA
Min age for Ag HO work16+ (Ag HO-1 to Ag HO-11)16+Matches FLSA
Parent-owned farm exemptionNo min age; preempts Ag HOsMirrors federalMatches FLSA
Daily / weekly hour capNo cap outside school hoursNo state capMatches FLSA

How Wisconsin actually regulates farm work

Wisconsin's definition of "employment" under Wis. Stat. § 103.001(7) excludes farm labor, so the state Employment of Minors provisions (§§ 103.64-103.82) and the state work-permit requirement do not apply to most farm work. DWD 270.15(3) further exempts "the employment of a minor engaged in farm work performed outside school hours in connection with the minor's own home farm and directly for his or her parent or guardian, or on another farm with the consent of the minor's parent or guardian where the farm work is primarily an exchange of labor with another farmer." The standard state work permit (with the $10 fee per job) is not required for agricultural work. Federal FLSA § 213(c) governs the operating floor: minimum age 12 with parental consent on small farms not subject to federal minimum-wage coverage; 10-11 for hand-harvest short-season waivers; 14 off-family-farm without parental consent; the federal parent-owned farm exemption applies (no minimum age, parental waiver of Ag HOs for under-16); 16+ for federal Ag HO-1 through Ag HO-11. State and federal rules permit minors under 16 to work up to seven days per week in agriculture, and minors aged 14-17 may exceed 50 hours per week during peak farming periods with overtime pay at time-and-one-half.

Citation

Wis. Stat. § 103.001(7) (definition of "employment" excludes farm labor); Wis. Stat. §§ 103.64-103.82 (Employment of Minors); Wis. Admin. Code DWD 270.15(3) (parent-farm and labor-exchange exemption)

Where to verify Wisconsin's ag-work enforcement

Ag-work rulemaking is an active area at both the US DOL Wage & Hour Division and state labor agencies. Before relying on these rules for hiring, scheduling, or harvest-season planning, confirm with the primary sources below.

Other states with distinctive ag-work rules

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