CHAPTER 106
APPRENTICE, EMPLOYMENT and equal rights PROGRAMS
SUBCHAPTER I
APPRENTICE PROGRAMS
106.01 Apprenticeship indentures.
106.02 Carpenters' apprentices.
106.025 Plumber apprenticeships.
106.03 Real estate apprenticeships excluded.
SUBCHAPTER II
EMPLOYMENT PROGRAMS
106.09 Public employment offices.
106.10 Veterans job training.
106.11 Workforce investment programs.
106.12 Governor's work-based learning board.
106.13 Youth apprenticeship, school-to-work and work-based learning programs.
106.15 Assistance for dislocated workers.
106.16 Notification of position openings.
106.17 Local labor market information.
106.19 Trade adjustment assistance overpayment waiver.
106.20 Pilot Wisconsin job opportunity business subsidy program.
106.21 Wisconsin service corps program.
106.215 Wisconsin conservation corps program.
106.25 Public insurrection; death and disability benefits.
106.26 Employment transit assistance program.
SUBCHAPTER III
EQUAL RIGHTS PROGRAMS
106.52 Public places of accommodation or amusement.
106.54 Division of equal rights.
106.56 Postsecondary education: prohibition against discrimination on basis of physical condition or developmental disability.
106.58 Discrimination in education prohibited.
Ch. 106 Cross-reference
Cross Reference: See the definitions in s.
103.001.
APPRENTICE PROGRAMS
Subch. I of ch. 106 Cross-reference
Cross Reference: See also chs.
DWD 295 and
296, Wis. adm. code.
106.001
106.001
Definitions. In this subchapter:
106.001(1)
(1) "Apprentice" means any person who enters into an indenture with an employer or organization.
106.001(2)
(2) "Indenture" means any contract or agreement of service, express or implied, whereby an apprentice is to receive from or through the apprentice's employer, in consideration for the apprentice's services in whole or in part, instruction in any trade, craft or business.
106.001(3)
(3) "Organization" means an organization of employees, association of employers or other similar responsible agency in this state.
106.001 History
History: 1999 a. 83.
106.01
106.01
Apprenticeship indentures. 106.01(2)
(2) Every indenture shall be in writing and shall be executed in triplicate. One of the triplicate originals shall be delivered to the apprentice, one shall be retained by the employer and one shall be filed with the department at Madison.
106.01(3)
(3) Except as provided in
ss. 106.02,
106.025 and
106.03, any minor 16 years of age or over or any adult may, by the execution of an indenture, bind himself or herself as provided in this section for a term of service of not less than one year.
106.01(4)
(4) Every indenture shall be signed by the apprentice and the employer. If the apprentice has not reached 18 years of age, the indenture shall be signed also by one of the apprentice's parents. If both parents are dead or legally incapable of giving consent, the indenture shall be signed by the guardian of the minor or, if there is no guardian, by a deputy of the department.
106.01(5)(c)
(c) A statement of the trade, craft or business that the apprentice is to be taught, and the time at which the apprenticeship will begin and end.
106.01(5)(d)
(d) An agreement stating the number of hours to be spent in work, and the number of hours to be spent in instruction. During the first 2 years of an apprenticeship, the apprentice's period of instruction shall be not less than 4 hours per week or the equivalent. If the apprenticeship is for a longer period than 2 years, the total hours of instruction shall be not less than 400 hours. The total number of hours of instruction and work shall not exceed 55 per week, except that nothing in this paragraph shall be construed to forbid overtime work as provided in
sub. (7).
106.01(5)(e)
(e) An agreement as to the processes, methods or plans to be taught, and the approximate time to be spent at each process, method or plan.
106.01(5)(f)
(f) A statement of the compensation to be paid the apprentice.
106.01(5)(g)
(g) An agreement that a certificate shall be given the apprentice at the conclusion of the apprentice's indenture, stating the terms of indenture.
106.01(5i)(a)(a) The proper persons described in
sub. (4) may enter into an indenture with any employer or organization.
106.01(5i)(am)1.1. Upon entering into an indenture, an organization shall, with the written consent of the other parties to the indenture, and the written acceptance of the indenture by the proposed employer, assign the indenture to the proposed employer, and the proposed employer and the apprentice named in the indenture shall be bound by the terms of the indenture.
106.01(5i)(am)2.
2. The consent and acceptance described in
subd. 1. shall be executed in triplicate. One of the triplicate original consents and acceptances shall be delivered to the department, one to the employer and one to the apprentice, and in each case shall be attached to the proper indenture. The approval of the department is required in each transaction. An organization that enters into an indenture under
par. (a) shall have the exclusive right to assign the indenture, and the apprentice shall not be permitted to enter into any other indenture. The period transpiring before assignment to an employer shall not be credited toward the period of apprenticeship.
106.01(5i)(b)
(b) Any employer that has entered into an indenture may, with the approval of the department and the written consent of the other parties to the indenture, assign the indenture to any organization in this state. The period of time in which the organization is the assignee shall not be credited as time served by the apprentice. After the assignment, the organization shall, with the approval of the department and the written consent of the apprentice, reassign the indenture to an employer, but the apprentice shall not be bound by the assignment unless the assignee employer accepts, by signed instruments, the terms of the indenture and agrees to perform the unperformed obligations of the indenture. The consent and acceptance shall be executed in triplicate. One of the triplicate original consents and acceptances shall be delivered to the department, one to the assignee employer and one to the apprentice, and in each case shall be attached to the proper indenture. Upon acceptance of the indenture, the assignee employer shall for all purposes be considered a party to the indenture.
106.01(5i)(c)
(c) Any employer that has entered into an indenture may, with the written consent, executed in triplicate, of the other parties to the indenture and the approval of the department, assign the indenture to another employer whose written acceptance shall be executed upon the instrument of consent. One of the triplicate original consents and acceptances shall be delivered to the apprentice, one to the assignee employer and one to the department, and shall in each case be attached to the indenture in each party's possession. After assignment, the assignee employer shall perform the unperformed obligations of the indenture. The department shall continue to have jurisdiction over an indenture assigned under this paragraph and the parties bound after the assignment.
106.01(5j)
(5j) The department may on its own motion, or on the complaint of any person, after due notice and a hearing, make findings and issue orders declaring any indenture at an end if it is proved at the hearing that any apprentice, employer or organization that is a party to the indenture is unable to continue with the obligations under the indenture or has breached the indenture. Upon the termination of the indenture, the released apprentice shall be free to enter into a new indenture under any terms and conditions approved by the department that are not inconsistent with this section.
106.01(5k)
(5k) The department shall, upon request, furnish a copy of any instrument required to be filed with it under this section to any party whose name appears on the requested instrument.
106.01(6)
(6) An employer shall pay for the time an apprentice is receiving related instruction for no fewer hours than specified in
sub. (5) (d) at the same rate per hour as for services. This subsection does not prohibit an agreement between the parties requiring the apprentice to take additional instruction on the apprentice's own time in excess of the number of hours required by statute. Attendance at school shall be certified by the teacher in charge.
106.01(7)
(7) An apprentice may be allowed to work overtime. All time in excess of the hours of labor as limited to the particular craft, industry, or business and as to the particular employer, shall be considered overtime. For overtime the apprentice's rate of pay shall be increased by the same percentage as the journeyman's rate for overtime is increased in the same industry or establishment.
106.01(8)
(8) If either party to an indenture fails to perform any of the stipulations of the indenture, the nonperforming party shall forfeit not less than one dollar nor more than $100, which is to be collected on complaint of the department, and paid into the state treasury. Any indenture may be annulled by the department upon application of either party and good cause shown.
106.01(9)
(9) The department may investigate, fix reasonable classifications, issue rules and general or special orders and, hold hearings, make findings and render orders upon its findings as shall be necessary to carry out the intent and purposes of this section. The investigations, classifications, hearings, findings and orders shall be made as provided in
s. 103.005. Except as provided in
sub. (8), the penalties specified in
s. 103.005 (12) apply to violations of this section. Orders issued under this subsection are subject to review under
ch. 227.
106.01(10)
(10) It shall be the duty of all school officers and public school teachers to cooperate with the department and employers of apprentices to furnish, in a public school or any school supported in whole or in part by public moneys, any instruction that may be required to be given apprentices.
106.01(11)
(11) From the appropriation under
s. 20.445 (1) (kt), the department shall provide a trade masters pilot program to recognize advanced training and postapprenticeship achievements in 3 trades, crafts, or businesses, one of which shall be in the industrial sector, one in the construction sector, and one in the service sector of the economy.
106.01 Annotation
The department was a necessary party to an action by a city employee for an allegedly discriminatory annulment of his apprentice indenture. Tillman v. City of Milwaukee,
715 F.2d 354 (1983).
106.02
106.02
Carpenters' apprentices. Every person, regardless of age, commencing a carpentry apprenticeship, shall enter into an indenture under and be subject to
s. 106.01, except that if the apprentice is 18 years or more of age the apprentice's signature only shall be necessary to bind the apprentice. A carpentry apprenticeship shall be for a period of 4 years, except that the department may upon the application of the apprentice or the employer, or both, extend that term for up to one additional year.
106.02 History
History: 1971 c. 213 s.
5;
1993 a. 492;
1999 a. 83.
106.025
106.025
Plumber apprenticeships. 106.025(1)
(1) The department may prescribe the conditions under which a person may serve a plumbing apprenticeship, as to preliminary and technical college attendance requirements, and the credit for school attendance in serving the apprenticeship.
106.025(2)
(2) Every person commencing a plumbing apprenticeship shall enter into an indenture under
s. 106.01. The term of a plumbing apprentice is 5 years, but the department may upon application of the apprentice, the apprentice's employer or both extend the term for up to one additional year.
106.025(3)
(3) After the expiration of an apprenticeship term, no apprentice may engage in the business of plumbing either as an apprentice or as a journeyman plumber unless the apprentice secures a journeyman plumber's license. In case of failure to pass the examination for the license, he or she may continue to serve as an apprentice but not beyond the time for reexamination for a journeyman plumber's license, as prescribed by the rules of the department.
106.025(4)
(4) In order that the apprentice may qualify at the end of apprenticeship as a skilled mechanic in the art of installing plumbing work, the department may prescribe the level of supervision of an apprentice and the character of plumbing work that the apprentice may do during the 3rd year of the apprenticeship term. An apprentice in the 4th or 5th year of the apprenticeship term may install plumbing under the direction or supervision of a master or journeyman plumber without either the master or journeyman being physically present, provided that the master plumber in charge shall be responsible for the work.
106.03
106.03
Real estate apprenticeships excluded. This chapter shall not apply to apprenticeships under
ch. 452.
