The secretary or any examiner appointed by the secretary may hold hearings and take testimony.
Each witness who appears before the department by its order shall receive for attendance the fees and mileage provided for witnesses in civil cases in courts of record, which shall be audited and paid by the state in the same manner as other expenses are audited and paid, upon the presentation of properly verified vouchers approved by the secretary, and charged to the proper appropriation for the department. No witness subpoenaed at the instance of an attorney under par. (cm)
or at the instance of a party other than the department is entitled to compensation from the state for attendance or travel unless the department certifies that the testimony was material to the matter investigated.
The department or any party may in any investigation cause the depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for similar depositions in civil actions in circuit courts. The expense incurred by the state in the taking of such depositions shall be charged against the proper appropriations for the department.
A party's attorney of record may issue a subpoena to compel the attendance of a witness or the production of evidence. A subpoena issued by an attorney must be in substantially the same form as provided in s. 805.07 (4)
and must be served in the manner provided in s. 805.07 (5)
. The attorney shall, at the time of issuance, send a copy of the subpoena to the appeal tribunal or other representative of the department responsible for conducting the proceeding.
A full and complete record shall be kept of all proceedings had before the department on any investigation and all testimony shall be taken down by the stenographer appointed by the department.
The department shall administer and enforce, so far as not otherwise provided for in the statutes, the laws relating to child labor, employment, employment offices and all other laws relating to the regulation of employment.
The department shall investigate, ascertain and determine such reasonable classifications of persons and employments as shall be necessary to carry out the purposes of chs. 103
Any commissioner, the secretary or any deputy of the department may enter any place of employment or public building for the purpose of collecting facts and statistics and bringing to the attention of every employer or owner any law relating to the regulation of employment or any order of the department and any failure on the part of such employer or owner to comply with that law or order. No employer or owner may refuse to admit any commissioner, the secretary or any deputy of the department to his or her place of employment or public building.
Every employer and every owner shall furnish to the department all information required by the department to administer and enforce chs. 103
, and shall provide specific answers to all questions that the department asks relating to any information the department requires.
Any employer receiving from the department any form requesting information that the department requires to administer and enforce chs. 103
, along with directions to complete the form, shall properly complete the form and answer fully and correctly each question asked in the form. If the employer is unable to answer any question, the employer shall give a good and sufficient reason for his or her inability to answer the question. The employer's answers shall be verified under oath by the employer, or by the president, secretary or other managing officer of the corporation, if the employer is a corporation, and the completed form shall be returned to the department at its office within the period fixed by the department.
The department may establish a schedule of fees for publications and seminars provided by the department for which no fee is otherwise authorized, required or prohibited by statute. Fees established under this subsection for publications and seminars provided by the department may not exceed the actual cost incurred in providing those publications and seminars. If the department receives unanticipated proceeds from a statewide labor and management conference provided by the department that exceed the actual cost of the conference, the department may use those unanticipated proceeds to provide grants for local labor and management conferences, educational activities and other activities to promote positive relations between labor and management.
Each of the commissioners, the secretary or any deputy secretary may certify to official acts, and take testimony.
The department shall administer those programs of public assistance that are specified in subch. III of ch. 49
The department shall administer the child support and paternity establishment programs under subch. III of ch. 49
, as well as perform other functions related to child support that are specified in ch. 49
The department shall establish a procedure for the department to provide to the state public defender and the department of administration any information that the department may have concerning an individual's wages to assist the state public defender and the department of administration in collecting payment ordered under s. 48.275 (2)
, 973.06 (1) (e)
or 977.076 (1)
"Employer" means every person having control or custody of any employment or place of employment.
"Employer" includes the state, its political subdivisions and any office, department, independent agency, authority, institution, association, society or other body in state or local government created or authorized to be created by the constitution or any law, including the legislature and the courts.
"Employment" means any trade, occupation or process of manufacture, or any method of carrying on such trade or occupation in which any person may be engaged, or for any place of employment.
"Place of employment" means any manufactory, mechanical or mercantile establishment, beauty parlor, laundry, restaurant, confectionary store, or telegraph or telecommunications office or exchange, any express or transportation establishment or any hotel.
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
. 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
. 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.
Chapter 103 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). Affirmed. 2000 WI 62, 235 Wis. 2d 576
, 612 N.W.2d 50
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
Hours of labor; compensatory time. 103.025(1)(a)
"Compensatory time" means hours during which an employee is not working, which are not counted as hours worked during the workweek or other work period classified by the department by rule promulgated under s. 103.02
for purposes of calculating overtime compensation, and for which the employee is compensated at the employee's regular rate of pay.
"Overtime compensation" means the compensation required to be paid for hours worked during periods that the department has classified, by rule promulgated under s. 103.02
, as periods to be paid for at the rate of at least 1.5 times an employee's regular rate of pay.
An employer described in s. 103.01 (1) (b)
may provide an employee, in lieu of overtime compensation, compensatory time off as permitted under 29 USC 207
(o), as amended to April 15, 1986.
History: 1993 a. 144
The employment of any person in any employment or place of employment at any time other than the permissible hours of labor shall be prima facie evidence of a violation of this section. Every day for each person employed, and every week for each person employed, during which any employer fails to observe or to comply with any order of the department, or to perform any duty enjoined by ss. 103.01
, shall constitute a separate offense.
History: 1975 c. 94
; Stats. s. 103.03.
Labor and industry review commission. 103.04(2)
Notwithstanding s. 227.11
, the commission may not promulgate rules except that it may promulgate its rules of procedure.
The commission may employ professional and other persons to assist in the execution of its duties.
Hiring reporting system; state directory of new hires. 103.05(1)(1)
The department shall establish and operate a hiring reporting system that includes a state directory of new hires. All requirements under the reporting system shall be consistent with federal laws and regulations that relate to the reporting of newly hired employees for support collection purposes, as part of the state location service under s. 49.22 (2)
, or any other purposes specified in 42 USC 653a
Except as provided in par. (b)
, every employer that employs individuals in the state shall provide to the department information about each newly hired employee.
(b) Paragraph (a)
does not apply to an employer that employs individuals in this state and in at least one other state, if the employer has designated, to the secretary of the federal department of health and human services, a state other than this state for the purpose of providing the information required under par. (a)
. An employer under this paragraph shall notify the department of its designation of another state to the secretary of the federal department of health and human services.
The department shall specify all of the following:
A number of different ways in which employers may report the information required under sub. (2) (a)
, including paper and electronic means.
A timetable for the actions and procedures required under the reporting system, including the reporting required under sub. (2) (a)
Except as provided in par. (b)
, no person may use or disclose information obtained under this section except in the administration of the program under s. 49.22
or a program specified in 42 USC 653a
The department may, to the extent permitted under federal law, disclose information obtained under this section to the department of revenue for the purposes of locating persons, or the assets of persons, who have failed to file tax returns, who have underreported their taxable income or who are delinquent taxpayers, identifying fraudulent tax returns or providing information for tax-related prosecutions.
Except as provided in par. (b)
, and subject to par. (c)
, an employer that violates any provision of this section, or any rule promulgated under this section, may be required to forfeit up to $25 for each employee concerning whom a violation has occurred.
Subject to par. (c)
, an employer may be required to forfeit up to $500 for a failure to supply the information under sub. (2) (a)
about an employee, or for supplying false or incomplete information under sub. (2) (a)
about an employee, as a result of a conspiracy between the employer and the employee to not supply the information or to supply false or incomplete information.
The department shall provide an employer with notice of any violation for which a penalty may be imposed under par. (a)
, and with an opportunity to correct the violation, before imposing any penalty under par. (a)
The department shall deposit all moneys received under this subsection in the appropriation account under s. 20.445 (1) (gd)
If the department determines that the hiring reporting system established under this section will be operational on or before January 1, 1998, the department shall publish a notice in the Wisconsin Administrative Register before that date that states that the system shall begin operating on January 1, 1998.
History: 1997 a. 27
Family or medical leave. 103.10(1)(a)
"Child" means a natural, adopted, foster or treatment foster child, a stepchild or a legal ward to whom any of the following applies:
The individual is 18 years of age or older and cannot care for himself or herself because of a serious health condition.
"Christian Science practitioner" means a Christian Science practitioner residing in this state who is listed as a practitioner in the Christian Science journal.
"Employee" means an individual employed in this state by an employer, except the employer's parent, spouse or child.
Except as provided in sub. (14) (b)
, "employer" means a person engaging in any activity, enterprise or business in this state employing at least 50 individuals on a permanent basis. "Employer" includes the state and any office, department, independent agency, authority, institution, association, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts.
"Employment benefit" means an insurance, leave or retirement benefit which an employer makes available to an employee.
"Parent" means a natural parent, foster parent, treatment foster parent, adoptive parent, stepparent or legal guardian of an employee or an employee's spouse.
"Serious health condition" means a disabling physical or mental illness, injury, impairment or condition involving any of the following:
Outpatient care that requires continuing treatment or supervision by a health care provider.
"Spouse" means an employee's legal husband or wife.
Nothing in this section prohibits an employer from providing employees with rights to family leave or medical leave which are more generous to the employee than the rights provided under this section.
This section does not limit or diminish an employee's rights or benefits under ch. 102
This section only applies to an employee who has been employed by the same employer for more than 52 consecutive weeks and who worked for the employer for at least 1,000 hours during the preceding 52-week period.
In a 12-month period no employee may take more than 6 weeks of family leave under par. (b) 1.
In a 12-month period no employee may take more than 2 weeks of family leave for the reasons specified under par. (b) 3.
In a 12-month period no employee may take more than 8 weeks of family leave for any combination of reasons specified under par. (b)
An employee may take family leave for any of the following reasons:
The birth of the employee's natural child, if the leave begins within 16 weeks of the child's birth.
The placement of a child with the employee for adoption or as a precondition to adoption under s. 48.90 (2)
, but not both, if the leave begins within 16 weeks of the child's placement.