AB970,40,1613
102.51
(2) (b)
Where If for
eight 8 years or more prior to the date of injury a
14deceased employe has been a resident of the United States, it shall be conclusively
15presumed that no person who has remained a nonresident alien during that period
16is either totally or partially dependent upon the deceased employe for support.
Note: Replaces word form of numbers with digits for greater conformity with
current style.
AB970, s. 63
17Section
63. 103.16 of the statutes is amended to read:
AB970,41,4
18103.16 (title)
Seats for workers employes; penalty. Every
person or
19corporation employer employing
workers employes in any manufacturing,
20mechanical or mercantile establishment in
the this state
of Wisconsin shall provide
21suitable seats for
the workers so employed its employes, and shall permit the use of
1such those seats by
them its employes when
they the employes are not necessarily
2engaged in the active duties for which they are employed. Any
person or corporation 3employer who violates this section may be fined not less than $10 nor more than $30
4for each offense.
Note: Replaces language and nonspecific references with specific references for
greater readability and conformity with current style.
AB970, s. 64
5Section
64. 103.17 of the statutes is amended to read:
AB970,41,14
6103.17 Mutual forfeit. Any
person or corporation employer engaged in
7manufacturing
, which that requires
from its employes, under penalty of forfeiture
8of a part of the wages earned by
them, those employes, to provide a notice of intention
9to leave
such the employer's employ
, shall be liable
to for the payment of a like
10forfeiture if the
person or corporation employer discharges, without similar notice,
11a person in such employ except an employe, other than for incapacity or misconduct,
12unless except in case of a general suspension of labor in the
person's or corporation's 13employer's shop or factory or in the department
thereof wherein such of the
14employer's shop or factory in which the employe is
engaged employed.
Note: Deletes redundant phrases and replaces language and nonspecific
references with specific references for greater readability and conformity with current
style.
AB970, s. 65
15Section
65. 103.19 of the statutes is amended to read:
AB970,41,21
16103.19 Children in shows. No license
shall may be granted for a theatrical
17exhibition or public show in which children under
fifteen 15 years of age are
18employed as acrobats,
as contortionists or in any feats of gymnastics or
19equestrianism
, when if, in the opinion of the board of officers authorized to grant
20licenses
such, those children are employed in
such a manner
as to that may corrupt
21their morals or impair their physical health.
Note: Replaces language and word form of number with digits for greater
readability and conformity with current style.
AB970, s. 66
1Section
66. 103.37 (1) of the statutes is renumbered 103.37 (2m) and amended
2to read:
AB970,42,53
103.37
(2m) It shall be unlawful for any No employer
, as defined in sub. (3) to 4may require any employe or applicant for employment to pay the cost of a medical
5examination required by the employer as a condition of employment.
Note: Replaces language, deletes redundant phrase and reorganizes provision for
greater readability and conformity with current style. See also the
Notes following the
next 3 Sections.
AB970, s. 67
6Section
67. 103.37 (1m) (intro.) of the statutes is created to read:
AB970,42,77
103.37
(1m) (intro.) In this section:
Note: Creates definitions provision at beginning of section for greater readability
and conformity with current style.
AB970, s. 68
8Section
68. 103.37 (2) of the statutes is renumbered 103.37 (1m) (a) and
9amended to read:
AB970,42,1310
103.37
(1m) (a)
The term "employe" shall mean and include every "Employe"
11means a person who may be permitted, required or directed by
any an employer,
as
12defined in sub. (3) in consideration of direct or indirect gain or profit, to engage in any
13employment.
Note: Deletes redundant language and places definition in definitions provision at
the beginning of the section for greater readability and conformity with current style.
AB970, s. 69
14Section
69. 103.37 (3) of the statutes is renumbered 103.37 (1m) (b) and
15amended to read:
AB970,42,1916
103.37
(1m) (b) "Employer"
, as used in this section means an individual,
a 17partnership,
an association,
a corporation,
a limited liability company,
a legal
18representative, trustee, receiver, trustee in bankruptcy,
and or any common carrier
19by rail, motor, water or air doing business in or operating within the state.
Note: Deletes redundant language and places definition in definitions provision at
the beginning of the section for greater readability and conformity with current style.
AB970, s. 70
1Section
70. 103.38 (title) of the statutes is amended to read:
AB970,43,3
2103.38 (title)
Eight hours a day's Eight-hour work, when day;
3applicability.
AB970, s. 71
4Section
71. 103.38 of the statutes is renumbered 103.38 (1) and amended to
5read:
AB970,43,106
103.38
(1) In Subject to sub. (2), in all engagements to labor in any
7manufacturing or mechanical business
, where if there is no express contract to the
8contrary, a day's work shall consist of
eight 8 hours and all engagements or contracts
9for labor in
such cases a manufacturing or mechanical business shall be so construed
;
10but this shall.
AB970,43,12
11(2) Subsection (1) does not apply to any contract for labor by the week, month
12or year.
Note: Subdivides provision and replaces nonspecific references with specific
references and word form of numbers with digits for greater readability and conformity
with current style. Modernizes title.
AB970, s. 72
13Section
72. 103.43 (1) of the statutes is renumbered 103.41 (1) (a) (intro.)
14amended to read:
AB970,43,2115
103.41
(1) (a) (intro.)
It shall be unlawful to No person may influence, induce,
16persuade or attempt to influence, induce, persuade or engage
workmen a worker to
17change from one place of employment to another in this state or to accept
18employment in this state
or to, and no persons may bring
workmen a worker of any
19class or calling into this state to work in any department of labor in this state,
20through or by means of any false or deceptive representations, false advertising or
21false pretenses concerning
the or arising from any of the following:
AB970,43,22
221. The kind and character of the work to be done
, or.
AB970,44,2
12. The amount and character of the compensation to be paid for
such work
, or
2the.
AB970,44,3
33. The sanitary or other conditions of the employment
, or.
AB970,44,7
44. The failure to state in any advertisement, proposal or contract for the
5employment that there is a strike or lockout at the place of the proposed employment,
6when
in fact such a strike or lockout then actually exists in
such the employment at
7such the proposed place
of employment.
AB970,44,10
8(b) Any of
such unlawful the acts
described in par. (a) shall be
deemed 9considered a false advertisement
, or misrepresentation for the purposes of this
10section.
Note: Replaces language, including language that discriminates on the basis of
sex, and nonspecific references with specific references for greater readability and
conformity with current style.
AB970, s. 73
11Section
73. 103.43 (1a) of the statutes is renumbered 103.43 (1m) (intro.) and
12amended to read:
AB970,44,1413
103.43
(1m) (intro.) A strike or lockout
shall be deemed is considered to exist
14as long as
the any of the following conditions exists:
AB970,44,15
15(a) The usual concomitants of a strike or lockout
exist; or unemployment.
AB970,44,16
16(b) Unemployment on the part of workers affected continues
; or any.
AB970,44,17
17(c) Any payments of strike benefits
is are being made
; or any.
AB970,44,18
18(d) Any picketing is maintained
; or publication.
AB970,44,19
19(e) Publication is being made of the existence of
such a strike or lockout.
Note: Renumbers the provision and replaces language for greater readability and
conformity with current style.
AB970, s. 74
20Section
74. 103.43 (2) of the statutes is amended to read:
AB970,45,421
103.43
(2) Any person who, by himself or herself, or by a servant or agent, or
22as the servant or agent of any other person, or as an officer, director, servant or agent
1of any firm, corporation, association or organization of any kind, violates sub. (1)
(a) 2shall
upon conviction thereof be punished by a fine of
be fined not more than $2,000
3or
by imprisonment imprisoned in the county jail
for not more than one year or
by 4both
such fine and imprisonment.
Note: Replaces language and deletes redundant language for greater readability
and conformity with current style.
AB970, s. 75
5Section
75. 103.43 (3) of the statutes is amended to read:
AB970,45,176
103.43
(3) Any
person worker who
shall be is influenced, induced or persuaded
7to engage with any
persons mentioned person specified in sub. (1)
(a), through or by
8means of any of the
things therein acts prohibited
in sub. (1) (a), shall have a right
9of action for recovery of all damages that the
person shall have sustained worker
10sustains in consequence of the false or deceptive representation, false advertising or
11false pretenses used to induce the
person worker to change his or her place of
12employment
in this state or to accept
such employment
in this state, against any
13person
or persons, corporations or companies or associations, corporation, company
14or association, directly or indirectly, causing
such the damage
; and in. In addition
15to all
such actual damages
such workman that the worker may
have sustained, 16sustain, the worker shall be entitled to recover
such reasonable attorney fees as
17determined by the court
shall fix, to be taxed as costs in any judgment recovered.
Note: Replaces language and nonspecific references with specific references for
greater readability and conformity with current style.
AB970, s. 76
18Section
76. 103.45 of the statutes is amended to read:
AB970,46,2
19103.45 Time checks; penalty. All persons paying wages in time checks or
20other paper
, other than legal money
, shall make
such those time checks or
that paper
21payable in some designated place of business in the county in which the work was
22performed or at the office of the person
paying the wages if within this state, or at
1any bank within this state. Any person failing to comply with this section shall be
2fined not
to exceed $100 nor less than $10
nor more than $100.
Note: Replaces language and nonspecific references with specific references for
greater readability and conformity with current style.
AB970, s. 77
3Section
77. 103.455 of the statutes is amended to read:
AB970,46,22
4103.455 Deductions for faulty workmanship, loss, theft or damage. No
5employer
shall may make any deduction from the wages due or earned by any
6employe, who is not an independent contractor, for defective or faulty workmanship,
7lost or stolen property or damage to property, unless the employe authorizes the
8employer in writing to make
such that deduction or unless the employer and a
9representative designated by the employe
shall determine that
such the defective or
10faulty
work workmanship, loss
or, theft
, or damage is due to
worker's the employe's 11negligence, carelessness, or wilful and intentional conduct
on the part of such
12employe, or unless the employe is found guilty or held liable in a court of competent
13jurisdiction by reason
thereof of that negligence, carelessness, or wilful and
14intentional conduct. If any
such deduction is made or credit taken by any employer
, 15that is not in accordance with this section, the employer shall be liable for twice the
16amount of the deduction or credit taken in a civil action brought by
said the employe.
17Any agreement entered into between
an employer and employe
that is contrary to
18this section shall be void
and of no force and effect. In case of a disagreement between
19the 2 parties, the department shall be the 3rd determining party
, subject to any
20appeal to the court. Section 111.322 (2m) applies to discharge and other
21discriminatory acts arising in connection with any proceeding to recover a deduction
22under this section.
Note: Replaces language and nonspecific references with specific references for
greater readability and conformity with current style.
AB970, s. 78
1Section
78. 103.46 (intro.) of the statutes is amended to read:
AB970,47,7
2103.46 Contracts; promises to withdraw from or not to join labor,
3employers' or cooperative organizations are void. (intro.) Every undertaking
4or promise
hereafter made, whether written or oral, express or implied, constituting
5or contained in
either any of the following is declared to be contrary to public policy
6and wholly void and shall not afford any basis for the granting of any legal or
7equitable relief by any court:
Note: Deletes redundant language and reorganizes provision for greater
readability and conformity with current style. See also the Notes following the next 2
Sections.
AB970, s. 79
8Section
79. 103.46 (1) of the statutes is amended to read:
AB970,47,169
103.46
(1) A contract or agreement of hiring or employment between any
10employer and any employe or prospective employe,
whereby in which either party to
11such the contract or agreement undertakes or promises not to join, become or remain
, 12a member of any labor organization or of any organization of employers, or
in which 13either party to
such the contract or agreement undertakes or promises to withdraw
14from the employment relation
in the event that he or she if the party joins, becomes
15or remains
, a member of any labor organization or of any organization of employers
;
16or.
Note: Replaces language and nonspecific references with specific references for
greater readability and conformity with current style.
AB970, s. 80
17Section
80. 103.46 (2) of the statutes is amended to read:
AB970,48,318
103.46
(2) In a A contract or agreement for the sale of agricultural,
19horticultural or dairy products between a producer of
such those products and a
20distributor or purchaser
thereof, whereby of those products, in which either party to
21such the contract or agreement undertakes or promises not to join, become or remain
22a member of any cooperative association organized under ch. 185 or of any trade
1association of the producers, distributors or purchasers of
such those products
, is
2hereby declared to be contrary to public policy and wholly void and shall not afford
3any basis for the granting of legal or equitable relief by any court.
Note: Reorganizes provision and replaces language and nonspecific references
with specific references for greater readability and conformity with current style.
AB970, s. 81
4Section
81. 103.465 of the statutes is amended to read:
AB970,48,13
5103.465 Restrictive covenants in employment contracts. A covenant by
6an assistant, servant or agent not to compete with his or her employer or principal
7during the term of the employment or agency, or
thereafter after the termination of
8that employment or agency, within a specified territory and during a specified time
9is lawful and enforceable only if the restrictions imposed are reasonably necessary
10for the protection of the employer or principal. Any
such restrictive covenant
,
11described in this subsection, imposing an unreasonable restraint is illegal, void and
12unenforceable even as to
so much any part of the covenant or performance
as that 13would be a reasonable restraint.
Note: Replaces nonspecific references with specific references for greater
readability and conformity with current style.
AB970, s. 82
14Section
82. 103.51 (intro.) of the statutes is amended to read:
AB970,48,17
15103.51 Public policy as to collective bargaining. (intro.) In the
16interpretation and application of ss.
103.51 to 103.62
103.505 to 103.61, the public
17policy of this state is declared as follows:
Note: Reflects renumbering of s. 103.62 for greater readability and conformity
with current style.
AB970, s. 83
18Section
83. 103.52 (1) (intro.) of the statutes is amended to read:
AB970,49,319
103.52
(1) (intro.) Every undertaking or promise made after July 1, 1931,
20whether written or oral, express or implied, between any employe or prospective
21employe and that person's employer, prospective employer or any other individual,
1firm, company, association or corporation is declared to be against public policy if
2either party
thereto to the undertaking or promise undertakes or promises any of the
3following:
Note: Replaces nonspecific reference with specific references for greater
readability and conformity with current style.
AB970, s. 84
4Section
84. 103.52 (2) of the statutes is amended to read:
AB970,49,105
103.52
(2) No undertaking or promise described in sub. (1) shall afford any
6basis for the granting of legal or equitable relief by any court against a party to
such 7the undertaking or promise, or against any other
persons person, who may advise,
8urge or induce, without fraud, violence
, or threat
thereof, of fraud or violence either
9party
thereto to to the undertaking or promise to act in disregard of
such the 10undertaking or promise.
Note: Replaces language and nonspecific references with specific references for
greater readability and conformity with current style.
AB970, s. 85
11Section
85. 103.53 (1) of the statutes is amended to read:
AB970,49,1312
103.53
(1) The following acts, whether performed singly or in concert, shall be
13considered legal:
AB970,49,1614
(a) Ceasing or refusing to perform any work or to remain in any relation of
15employment regardless of any promise, undertaking, contract or agreement in
16violation of the public policy declared in s. 103.52
;
.
AB970,49,1917
(b) Becoming or remaining a member of any labor organization or of any
18employer organization, regardless of any
such undertaking or promise as is
19described in s. 103.52
;.
AB970,49,2120
(c) Paying or giving to
, any person any strike or unemployment benefits or
21insurance or other moneys or things of value
;.
AB970,50,3
1(d)
By all Aiding, by lawful means
aiding, any person who is being proceeded
2against in, or is prosecuting
, any action or suit in any court of the United States or
3of any state
;.
AB970,50,94
(e) Giving publicity to and obtaining or communicating information regarding
5the existence of, or the facts involved in, any dispute, whether by advertising,
6speaking, patrolling any public street or any place where any person
or persons may
7lawfully be, without intimidation or coercion, or by any other method not involving
8fraud, violence, breach of the peace, or threat
thereof; of fraud, violence or breach of
9the peace.
AB970,50,1110
(f) Ceasing to patronize or to employ any person
or persons, but, except that 11nothing
herein in this paragraph shall be construed to legalize a secondary boycott
;.
AB970,50,1312
(g) Assembling peaceably to do or to organize to do any of the acts
heretofore 13specified
in pars. (a) to (f) or to promote lawful interests
;.
AB970,50,1514
(h) Advising or notifying any person or persons of an intention to do any of the
15acts
heretofore specified
; in pars. (a) to (g).
AB970,50,1716
(i) Agreeing with other persons to do or not to do any of the acts
heretofore 17specified; specified in pars. (a) to (h).