LRB-2588/4
JTK:eev:jf
2013 - 2014 LEGISLATURE
October 18, 2013 - Introduced by Representatives Knodl, Bies, Czaja, Murphy,
Nass, A. Ott and Tittl, cosponsored by Senator Grothman. Referred to
Committee on Labor.
AB449,1,3 1An Act to repeal and recreate 108.02 (15) (k) 16. of the statutes; relating to:
2coverage of certain individuals engaged in sales activity outside a permanent
3retail establishment under the unemployment insurance law.
Analysis by the Legislative Reference Bureau
Currently, if an individual is performing services for an employer other than a
governmental or nonprofit employer, except as the employer otherwise elects with
the approval of the Department of Workforce Development (DWD), and the
individual receives remuneration solely from commissions, overrides, bonuses, or
differentials directly related to sales or other output derived from in-person sales or
solicitation of orders from ultimate consumers primarily in the home, the services
performed by the individual are not covered under the unemployment insurance (UI)
law. An individual who performs such services is is not eligible to claim UI benefits
based on the performance of the services and a person who employs an individual to
perform such services is not subject to a state UI contribution requirement (a
requirement to pay taxes) based on the performance of the services.
This bill provides instead that if an individual is performing services for an
employer other than a governmental or nonprofit employer, except as the employer
otherwise elects with the approval of DWD, and the individual is engaged, in a home
or otherwise than in a permanent retail establishment, in selling or soliciting the sale
of consumer products for use, sale, or resale by the buyer and substantially all of the
remuneration for the services is directly related to the sales or other output rather
than to hours worked, then a claimant is not eligible to claim UI benefits based on

the performance of such services and a person who employs an individual to perform
such services is not subject to a UI contribution requirement based on the
performance of the services.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB449,1 1Section 1. 108.02 (15) (k) 16. of the statutes is repealed and recreated to read:
AB449,2,62 108.02 (15) (k) 16. By an individual who is engaged, in a home or otherwise
3than in a permanent retail establishment, in the service of selling or soliciting the
4sale of consumer products for use, sale, or resale by the buyer, if substantially all of
5the remuneration therefor is directly related to the sales or other output rather than
6to hours worked.
AB449,2 7Section 2. Initial applicability.
AB449,2,98 (1) This act first applies with respect to services performed after the December
931 following the effective date of this subsection.
AB449,2,1010 (End)
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