No person may discharge or in any other manner discriminate against any individual for opposing a practice prohibited under this section.
(c) Section 111.322 (2m)
applies to discharge or other discriminatory acts arising in connection with any proceeding under this section.
An employee who believes his or her employer has violated sub. (11) (a)
may, within 30 days after the violation occurs or the employee should reasonably have known that the violation occurred, whichever is later, file a complaint with the department alleging the violation. Except as provided in s. 230.45 (1m)
, the department shall investigate the complaint and shall attempt to resolve the complaint by conference, conciliation or persuasion. If the complaint is not resolved and the department finds probable cause to believe a violation has occurred, the department shall proceed with notice and a hearing on the complaint as provided in ch. 227
. The hearing shall be held within 60 days after the department receives the complaint.
Within 60 days from the completion of an administrative proceeding, including judicial review, concerning the same violation.
Each employer shall post, in one or more conspicuous places where notices to employees are customarily posted, a notice in a form approved by the department setting forth employees' rights under this section. Any employer who violates this subsection shall forfeit not more than $100 for each offense.
Any person employing at least 25 individuals shall post, in one or more conspicuous places where notices to employees are customarily posted, a notice describing the person's policy with respect to leave for the reasons described in subs. (3) (b)
and (4) (a)
No formal application or detailed information need be provided to an employer to invoke FMLA's protection; an employer must have reasonable notice. Jicha v. State, 164 Wis. 2d 94
, 473 N.W.2d 578
(Ct. App. 1991).
As a symptom of pregnancy, morning sickness may be considered a "serious health condition." Haas v. DILHR, 166 Wis. 2d 288
, 479 N.W.2d 229
(Ct. App. 1991).
A complainant may recover attorney fees for successful representation in circuit court on review of a department order although the complainant could have relied on the justice department's representation of the department. An award of attorney fees is not precluded because the complainant is furnished counsel at no personal expense. Richland School District v. DILHR, 174 Wis. 2d 878
, 498 N.W.2d 827
Sub. (5) (b) allows an employee to substitute paid leave accumulated under a collective bargaining agreement for unpaid leave under this section when the employee has not met the conditions of leave set forth in the agreement. Richland School District v. DILHR, 174 Wis. 2d 878
, 498 N.W.2d 827
A request for medical leave need only be reasonably calculated to advise the employer that the employee is requesting medical leave and of the reason for the request. Upon receipt of the request, the employer may approve, disapprove, or request more information under the certification process under sub. (7). Sieger v. Wisconsin Personnel Commission, 181 Wis. 2d 845
, 512 N.W.2d 230
(Ct. App. 1994).
Each increment of leave under sub. (3) (b) 1. must begin within 16 weeks of the child's birth. Schwedt v. DILHR, 188 Wis. 2d 500
, 525 N.W.2d 130
(Ct. App. 1994).
The federal Labor Management Relations Act did not preempt an employee's right under sub. (5) (b) to substitute accrued paid sick leave for unpaid leave that was unambiguously granted under a collective bargaining agreement. Miller Brewing Co. v. DILHR, 210 Wis. 2d 26
, 563 N.W.2d 460
A party who does not prevail in administrative proceedings under sub. (12) may not file a civil action for damages under sub. (13). Butzlaff v. DHFS, 223 Wis. 2d 673
, 590 N.W.2d 9
(Ct. App. 1998), 98-0453
The federal Employment Retirement Income Security Act (ERISA) does not preempt the operation of this section. Aurora Medical Group v. DWD, 230 Wis. 2d 399
, 602 N.W.2d 111
(Ct. App. 1999), 98-1546
An employee whose substitution of sick leave, rather than vacation leave, for family leave resulted in the loss of benefits under a collective bargaining agreement was not forced to choose to use vacation leave in violation of this section. Although the effect of the interaction of the bargaining agreement and this section may result in a dilemma for the employee, the contractual consequences are collateral and there is no restraint or denial of rights under this section. Heibler v. DWD, 2002 WI App 21
, 250 Wis. 2d 152
, 639 N.W.2d 776
Quagmire or Quantum Leap? The Wisconsin Family and Medical Leave Act. Goeldner and Nelson-Glode. Wis. Law. April 1992.
Family & Medical Leave Acts. Sholl and Krupp-Gordon. Wis. Law. Aug. 1993.
(5) Medical records inspection.
The right of the employee or the employee's designated representative under sub. (3)
to inspect personnel records under this section includes the right to inspect any personal medical records concerning the employee in the employer's files. If the employer believes that disclosure of an employee's medical records would have a detrimental effect on the employee, the employer may release the medical records to the employee's physician or through a physician designated by the employee, in which case the physician may release the medical records to the employee or to the employee's immediate family.
Records relating to the investigation of possible criminal offenses committed by that employee.
Materials used by the employer for staff management planning, including judgments or recommendations concerning future salary increases and other wage treatments, management bonus plans, promotions and job assignments or other comments or ratings used for the employer's planning purposes.
Information of a personal nature about a person other than the employee if disclosure of the information would constitute a clearly unwarranted invasion of the other person's privacy.
An employer who does not maintain any personnel records.
The right of the employee or the employee's representative to inspect records includes the right to copy or receive a copy of records. The employer may charge a reasonable fee for providing copies of records, which may not exceed the actual cost of reproduction.
Grooming requirement; notification.
Each employer shall, at the time of hiring, notify each employee about any hairstyle, facial hair or clothing requirement.
Restrictions on use of an HIV test. 103.15(1)(a)
"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.
"HIV infection" means the pathological state produced by a human body in response to the presence of HIV.
Affect the terms, conditions or privileges of employment or terminate the employment of any employee who obtains an HIV test, as defined in s. 252.01 (2m)
Employee's cash bonds to be held in trust; duty of employer; penalty. 103.165(1)
Where any person requests any employee to furnish a cash bond, the cash constituting such bond shall not be mingled with the moneys or assets of such person demanding the same, but shall be deposited by such person in a bank, trust company, savings bank or savings and loan association doing business in this state whose deposits or shares are insured by a federal agency to the extent of $10,000, as a separate trust fund, and it shall be unlawful for any person to mingle such cash received as a bond with the moneys or assets of any such person, or to use the same. No employer shall deposit more than $10,000 with any one depository. The bank book, certificate of deposit or other evidence thereof shall be in the name of the employer in trust for the named employee, and shall not be withdrawn except after an accounting had between the employer and employee, said accounting to be had within 10 days from the time relationship is discontinued or the bond is sought to be appropriated by the employer. All interest or dividends earned by such sum deposited shall accrue to and belong to the employee and shall be turned over to said employee as soon as paid out by the depository. Such deposit shall at no time and in no event be subject to withdrawal except upon the signature of both the employer and employee or upon a judgment or order of a court of record.
In the event of the failure of any person, such moneys on deposit shall constitute a trust fund for the benefit of the persons who furnished such bonds and shall not become the property of the assignee, receiver or trustee of such insolvent person.
The decedent's children if the decedent leaves no surviving spouse or domestic partner under ch. 770
The accounting and withdrawal under par. (a)
shall be effected in the same manner and with like effect as if such accounting and withdrawal were accomplished by and between the employer and employee as provided in sub. (1)
The amount of the cash bond, together with principal and interest, to which the deceased employee would have been entitled had the deceased employee lived, shall, as soon as paid out by the depository, be turned over to the person designated under par. (a)
effecting the accounting and withdrawal with the employer. The turning over shall be a discharge and release of the employer to the amount of the payment.
If no persons designated under par. (a)
survive, the employer may apply the cash bond, or so much of the cash bond as may be necessary, to paying creditors of the decedent in the order of preference prescribed in s. 859.25
for satisfaction of debts by personal representatives. The making of payment under this paragraph shall be a discharge and release of the employer to the amount of the payment.
Any person who violates this section shall be punished by a fine equal to the amount of the bond or by imprisonment for not less than 10 days nor more than 60 days, or both.
History: 1993 a. 492
; 1997 a. 253
Threat or promise to influence vote.
No person shall, by threatening to discharge a person from his or her employment or threatening to reduce the wages of a person or by promising to give employment at higher wages to a person, attempt to influence a qualified voter to give or withhold the voter's vote at an election.
History: 1993 a. 492
History: 1985 a. 29
; 1985 a. 73
See also ch. DWD 271
, Wis. adm. code.
A minor under 12 years of age may work in a fund-raising sale for a nonprofit organization, a public school, a private school, or a tribal school under the following conditions:
See also ss. DWD 271.03
, Wis. adm. code.
Designation of a permit officer. 103.245(1)(b)
A school board designated as a permit officer under par. (a)
may assign the duties of permit officer to an officer or employee of the school district.
History: 1987 a. 187
The form and requisites of street trade permits shall be the same as those specified for child labor permits in s. 103.73
, except as provided in sub. (3m)
and except that the permits may be issued on special street trade permit forms, in a form determined by the department. Each minor for whom a street trade permit is issued shall be provided by the department or the permit officer issuing the permit with a street trade identification card, in a form determined by the department. The minor shall carry the identification card while engaged in street trade employment and shall not transfer it to any other person.
This section does not apply to employment of a minor in a fund-raising sale for a nonprofit organization, a public school, a private school, or a tribal school.
The department may revoke a street trade permit and identification card if the minor for whom such permit was issued is found by the department to have worked when prohibited under s. 103.24
, if it appears to the department that such permit was improperly or illegally issued or if in their judgment the best interests of the minor would be served by such revocation. The department shall by registered mail notify such minor and the minor's employer of such revocation. On receipt of such notice the employer shall immediately return the revoked permit and discontinue the employment of such minor, and the minor shall immediately return the revoked identification card to the permit officer.
Every employer of minors in street trades shall keep a record for each minor of his or her name, address and date of birth.
Every employer shall receive and file a street trade permit authorizing employment of each minor by him or her before the minor is permitted to work; and shall keep the permit on file and allow inspection of the permit at any time by the department or any police or school attendance officer.
Duties of employers in house-to-house street trades. 103.275(1)(b)
Recruit or offer employment to a minor to conduct street trades from house to house.
The name of the applicant and the address and telephone of its principal place of business.
If the applicant is a corporation, the date and place of its incorporation.
The names, permanent home addresses and dates of birth of any of the applicant's employees, agents or representatives who supervise minor employees conducting street trades from house to house.
The employer identification numbers assigned to the applicant by the internal revenue service and the department of revenue.
Any documents required by the department to prove that the applicant has complied with sub. (3)
Except as provided under pars. (bm)
, and (bt)
, upon receipt of a properly completed application, the department shall issue a house-to-house employer certificate if all of the following apply:
If the application is for a new certificate after revocation under sub. (7)
, the revocation occurred at least 12 months before issuance of the new certificate.
Except as provided in subd. 2m.
, the department shall require each applicant for a house-to-house employer certificate under this subsection who is an individual to provide the department with the applicant's social security number, and shall require each applicant for a house-to-house employer certificate who is not an individual to provide the department with the applicant's federal employer identification number, when initially applying for or applying to renew the house-to-house employer certificate.
If an applicant who is an individual does not have a social security number, the applicant shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department. A house-to-house employer certificate issued in reliance upon a false statement submitted under this subdivision is invalid.
The department of workforce development may not disclose any information received under subd. 1.
to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301
or the department of children and families for purposes of administering s. 49.22
The department may deny an application for the issuance or renewal of a house-to-house employer certificate, or revoke such a certificate already issued, if the department determines that the applicant or house-to-house employer is liable for delinquent contributions, as defined in s. 108.227 (1) (d)
. Notwithstanding sub. (7)
and s. 103.005 (10)
, an action taken under this subdivision is subject to review only as provided under s. 108.227 (5)
and not as provided in sub. (7)
and ch. 227
If the department denies an application or revokes a certificate under subd. 1.
, the department shall mail a notice of denial or revocation to the applicant or house-to-house employer. The notice shall include a statement of the facts that warrant the denial or revocation and a statement that the applicant or house-to-house employer may, within 30 days after the date on which the notice of denial or revocation is mailed, file a written request with the department to have the determination that the applicant or house-to-house employer is liable for delinquent contributions reviewed at a hearing under s. 108.227 (5) (a)
If, after a hearing under s. 108.227 (5) (a)
, the department determines that a person whose certificate is revoked or whose application is denied under subd. 1.
is not liable for delinquent contributions, as defined in s. 108.227 (1) (d)
, the department shall reinstate the certificate or approve the application, unless there are other grounds for revocation or denial. The department may not charge a fee for reinstatement of a certificate under this subdivision.
A person who receives a house-to-house employer certificate shall notify the department of any changes in the information required in the application submitted under par. (a)
within 30 days after the change occurs.
A house-to-house employer certificate is valid for a 12-month period. A house-to-house employer may renew a certificate by submitting an application under par. (a)
, subject to the conditions under par. (b)
A house-to-house employer shall prove its ability to pay under par. (a)
by maintaining one of the following commitments, in an amount of at least $5,000 and in a form approved by the department: