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Register July 2008 No. 631
Chapter DWD 100
DEFINITIONS
DWD 100.01 General rule.
DWD 100.02 Definitions.
Ch. DWD 100 Note Note: Chapter ILHR 100 was renumbered Chapter DWD 100 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats. Register, June, 1997, No. 498.
DWD 100.01 DWD 100.01 General rule. Except as otherwise provided or where the context clearly requires otherwise, the definitions in ch. 108, Stats., shall apply to the terms used in chs. DWD 100 to 150.
DWD 100.01 History History: 1-2-56; renum. to be ILHR 100.01 under s. 13.93 (2m) (b) 1. and 2., Stats., Register, August, 1987, No. 380; am. Register, October, 1994, No. 466, eff. 11-1-94, am. Register, September, 1995, No. 477, eff. 10-1-95.
DWD 100.02 DWD 100.02 Definitions. In chs. DWD 100 to 150, the following words and phrases have the designated meanings unless a different meaning is expressly provided or the context clearly indicates a different meaning:
DWD 100.02(1) (1) "Administrative law judge" means the individual appointed by the department under s. 108.09 (3), Stats., to conduct hearings arising under ch. 108, Stats.
DWD 100.02(2) (2) "Agent state" means any state in which a person files a claim for unemployment benefits from the state of Wisconsin.
DWD 100.02(3) (3) "Agricultural labor" has the meaning specified in s. 108.02 (2), Stats.
DWD 100.02(4) (4) "Asset" means any resource of the transferor used in the business, whether owned or not and whether tangible or intangible, including real estate, inventories, machinery and equipment, furniture and fixtures, contracts, franchises, licenses, goodwill, accounts receivable, contracts for leased employees and customer lists. The outstanding shares of stock of an employer which is a corporation are not assets of the issuing corporation for purposes of s. 108.16 (8), Stats.
DWD 100.02(5) (5) "Base period" has the meaning specified in s. 108.02 (4), Stats.
DWD 100.02(6) (6) "Benefit year" has the meaning specified in s. 108.02 (5), Stats.
DWD 100.02(7) (7) "Business activity" includes the product or the service provided by a business.
DWD 100.02(8) (8) "Carrier" means a person engaged in the hauling of passengers or freight by motor vehicle and includes a person engaged as a "common motor carrier", under s. 194.01 (1), Stats., as a "contract motor carrier", under s. 194.01 (2), Stats., or as a "private motor carrier", under s. 194.01 (11), Stats.
DWD 100.02(9) (9) "Commission" means the labor and industry review commission.
DWD 100.02(10) (10) "Compromise" means department agreement to accept payment of less than the full amount of contributions, payments in lieu of contributions, interest, penalties and costs, as applicable, owed by an employer, former employer or by an individual liable for corporate liabilities, in complete fulfillment of the outstanding liability.
DWD 100.02(11) (11) "Constructively paid" means credited to or set apart for an employee without any substantial limitation or restriction as to the time or manner of payment or condition upon which payment may be made, such that the amounts so credited or set aside are available for the employee to draw upon at any time.
DWD 100.02(12) (12) "Contract operator" means an individual who contracts to lease a motor vehicle to a carrier for use in the carrier's business.
DWD 100.02(13) (13) "Contribution report" means the written document or electronic transmission, submitted in the manner prescribed by the department, in which an employer makes a quarterly report of total employment or wages or both to the department.
DWD 100.02(14) (14) "Covered wages" means wages less the exclusion under s. 108.02 (15) (L), Stats., and any applicable exclusions under s. 108.02 (15) (f) to (k), Stats., unless the wages attributed to an exclusion under s. 108.02 (15) (f) to (k), Stats., are subject to a tax under the Federal Unemployment Tax Act and are not subject to a tax under any other unemployment insurance law.
DWD 100.02(15) (15) "Customary occupation" means the occupation for which a claimant is most qualified based on the claimant's skills, abilities, training, education and work experience.
DWD 100.02(16) (16) "Department" means the department of workforce development.
DWD 100.02(16m) (16m) ``Disaster" means a fire, flood, or other physical occurrence beyond the employer's control that is caused naturally or accidentally.
DWD 100.02(17) (17) "Ease of access" means the physical characteristics of a building which allow a person with a temporary or permanent incapacity or disability to enter, circulate within and leave the building and to use the public toilet facilities and passenger elevators in the building without assistance.
DWD 100.02(18) (18) "Employee" has the meaning specified in s. 108.02 (12), Stats.
DWD 100.02(19) (19) "Employer" has the meaning specified in s. 108.02 (13), Stats.
DWD 100.02(20) (20) "Employer's account" has the meaning specified in s. 108.02 (14), Stats.
DWD 100.02(21) (21) "Employing unit" means any employer or any other person who engages one or more individuals to perform services for pay, whether or not that person is subject to the reimbursement financing or contribution requirements of ch. 108, Stats.
DWD 100.02(22) (22) "Employment" has the meaning specified in s. 108.02 (15), Stats.
DWD 100.02(23) (23) "Employment relationship" means a relationship between an employee and an employer in which the employee performs services for pay for the employer under an informal or formal agreement of employment and which continues when the employment is temporarily suspended for a definite, discernible period of time.
DWD 100.02(24) (24) "FUTA" means the federal unemployment tax act, subtitle C, ch. 23 of the internal revenue code, 26 USC 3301 to 3311.
DWD 100.02(25) (25) "Fax" means facsimile images electronically transmitted and printed, and the act of transmitting such images.
DWD 100.02(26) (26) "First shift" means a work period which begins and ends between 6 a.m. and 6 p.m.
DWD 100.02(27) (27) "Forest products manufacturer" means a business engaged in the processing of logs, and includes pulp mills, saw mills or other manufacturing plants.
DWD 100.02(28) (28) "Full-time" means work which is performed for 32 or more hours in a week.
DWD 100.02(29) (29) "Government unit" has the meaning specified in s. 108.02 (17), Stats.
DWD 100.02(31) (31) "Health care facility" means any nursing home, community-based residential facility, hospital, clinic, office of a physician or other health care professional, mental health institute, center for the developmentally disabled, alcohol or drug treatment center or other facility providing inpatient or outpatient health care to patients, whether licensed, approved or exempted under state law or certified under federal law.
DWD 100.02(32) (32) "Hearing office" means an office of the unemployment insurance division of the department of workforce development which is responsible for scheduling and conducting hearings arising under ch. 108, Stats.
DWD 100.02(33) (33) "Informer" means an individual who is receiving a reward or payment for information relating to or assisting in an investigation of a possible violation of law, but not an undercover agent or other individual who is paid for the performance of investigative services or who receives such payment regardless of whether information relating to or assisting in an investigation of a possible violation of law is actually provided.
DWD 100.02(35) (35) "Labor market area" means a geographical area in which there are jobs deemed to be suitable work for the claimant and which encompasses the geographical area in which workers with similar occupational skills customarily travel to obtain or perform suitable work.
DWD 100.02(36) (36) "Lag period" means the period between the end of the base period and the valid new claim week under s. 108.02 (25m), Stats.
DWD 100.02(37) (37) "Logging contractor" means a person who contracts for the cutting of timber, the hauling of logs or the skidding of logs, purchases timber to cut, or sells unmanufactured forest products.
DWD 100.02(38) (38) "Motor vehicle" has the meaning designated in s. 194.01 (7), Stats.
DWD 100.02(39) (39) "Multiemployer benefit plan" means a benefit plan maintained pursuant to one or more collective bargaining agreements between 2 or more employers and one or more employee organizations under which each employer makes contributions to provide sickness or accident disability payments through the plan to eligible employees or their dependents.
DWD 100.02(40) (40) "Nonprofit organization" has the meaning specified in s. 108.02 (19), Stats.
DWD 100.02(41) (41) "Partial unemployment" and "partially unemployed" have the meaning designated in s. 108.02 (20), Stats.
DWD 100.02(42) (42) "Payroll" has the meaning specified in s. 108.02 (21), Stats.
DWD 100.02(43) (43) "Payroll base" means the first $10,500 of wages paid by an employer during a calendar year to an individual, including any wages paid for any work covered by the unemployment insurance law of any other state, which is payroll under s. 108.02 (21), Stats.
DWD 100.02(44) (44) "Penalty" includes any tardy payment fee or late filing fee provided for in ch. 108, Stats., and a forfeiture assessed under s. 108.04 (11) (c), Stats., but does not include any fine or restitution arising under s. 108.24, Stats.
DWD 100.02(44m) (44m) "Person with a disability" means any person who, by reason of an impairment of sight, hearing or speech, may be hindered or prevented from communicating at a hearing as effectively as a person who does not have such an impairment.
DWD 100.02(45) (45) "Piece cutter" means a person who fells timber, removes branches from timber, saws timber into logs, or stacks logs.
DWD 100.02(46) (46) "Profiling system" means a system established by the department to examine factors including economic conditions, industry characteristics, and claimant characteristics in order to promptly identify claimants who are: permanently laid off, unlikely to return to their previous industry or occupation, likely to exhaust their regular unemployment insurance benefits, and likely to need reemployment services in order to make a successful transition to new employment.
DWD 100.02(47) (47) "Public housing agency" means any state, county, municipality, or other governmental entity or public body, or agency or instrumentality thereof, which is authorized by the U.S. department of housing and urban development to engage in or assist in the development or operation of low-income housing.
DWD 100.02(48) (48) "Quarter" has the meaning designated in s. 108.02 (21m), Stats.
DWD 100.02(49) (49) "Reemployment services" means job search assistance and job placement services, such as: assessment, testing, counseling, provision of occupational and labor market information, job search workshops, referrals to potential employers, and other similar services.
DWD 100.02(50) (50) "Representative of the department" means any person employed by the department of workforce development who has job duties involving the taking, processing or adjudication of benefit claims.
DWD 100.02(51) (51) "Same business or operation" means operation under the same unemployment insurance employer account, including any account transferred under s. 108.16 (8), Stats., with no intervening final determination of account termination under s. 108.02 (13) (i), Stats., provided, however, that `same business or operation' shall not be deemed to extend beyond the date as of which the account would have been terminated under s. 108.02 (13) (i), Stats., and s. DWD 110.09 but for an unpaid liability, unless the account was reopened under s. DWD 110.10.
DWD 100.02(52) (52) "Settle" means to resolve a pending determination, decision or action by agreement.
DWD 100.02(53) (53) "Sexual contact" has the meaning designated in s. 940.225 (5) (b), Stats.
DWD 100.02(54) (54) "Sexual intercourse" has the meaning designated in s. 940.225 (5) (c), Stats.
DWD 100.02(55) (55) "Shift" means the arrangement of hours a claimant is required to work. "First shift" means a work period which begins and ends between 6 a.m. and 6 p.m.
DWD 100.02(56) (56) "Shipper" means a customer of the carrier who arranges or contracts for the transportation of goods.
DWD 100.02(57) (57) "Sickness or accident disability payment" means any payment made on account of sickness or accident disability which is considered wages under s. 108.02 (26), Stats.
DWD 100.02(58) (58) "Similar work" means work in a claimant's labor market which, when compared with a particular job, has substantially equivalent duties and responsibilities and requires substantially equivalent skills, abilities and knowledge.
DWD 100.02(59) (59) "Skidding operator" means a person who removes logs from the woods to a roadside landing or other collection point for hauling.
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