AB40-ASA1,940,2518
108.02
(21e) Professional employer organization. (intro.) "Professional
19employer organization" means any person who is currently registered as a
20professional employer organization with the department of
safety and professional
21services financial institutions in accordance with
subch. III of ch.
461 202, who
22contracts to provide the nontemporary, ongoing employee workforce of more than one
23client under a written leasing contract, the majority of whose clients are not under
24the same ownership, management, or control as the person other than through the
25terms of the contract, and who under contract and in fact:
AB40-ASA1,941,43
108.04
(2) (a) 2. Except as provided in s. 108.062 (10m), as of that week, the
4individual has registered for work
as directed by the department; and
AB40-ASA1,941,197
108.04
(2) (a) 3. (intro.) The individual conducts a reasonable search for
8suitable work during that week, unless the search requirement is waived under par.
9(b) or s. 108.062 (10m). The search for suitable work must include
2 at least 4 actions
10per week that constitute a reasonable search as prescribed by rule of the department.
11In addition, the department may, by rule, require an individual to take more than
124 reasonable work search actions in any week. The department shall require a
13uniform number of reasonable work search actions for similar types of claimants. 14This subdivision does not apply to an individual if the department determines that
15the individual is currently laid off from employment with an employer but there is
16a reasonable expectation of reemployment of the individual by that employer. In
17determining whether the individual has a reasonable expectation of reemployment
18by an employer, the department shall request the employer to verify the individual's
19employment status and shall also consider other factors, including:
AB40-ASA1,1717b
20Section 1717b. 108.04 (2) (i) of the statutes is created to read:
AB40-ASA1,941,2421
108.04
(2) (i) 1. There is a rebuttable presumption that a claimant who is
22subject to the requirement under par. (a) 3. to conduct a reasonable search for
23suitable work has not conducted a reasonable search for suitable work in a given
24week if all of the following apply:
AB40-ASA1,941,2525
a. The claimant was last employed by a temporary help company.
AB40-ASA1,942,4
1b. The temporary help company required the claimant to contact the temporary
2help company about available assignments weekly, or less often as prescribed by the
3temporary help company, and the company gave the claimant written notice of that
4requirement at the time the claimant was initially employed by the company.
AB40-ASA1,942,75
c. During that week, the claimant was required to contact the temporary help
6company about available assignments and the claimant did not contact the
7temporary help company about available assignments.
AB40-ASA1,942,108
d. The temporary help company submits a written notice to the department
9within 10 business days after the end of that week reporting that the claimant did
10not contact the company about available assignments.
AB40-ASA1,942,1211
2. A claimant may only rebut the presumption under subd. 1. if the claimant
12demonstrates one of the following to the department for a given week:
AB40-ASA1,942,1413
a. That the claimant did contact the temporary help company about available
14assignments during that week.
AB40-ASA1,942,1815
b. That the claimant was not informed by the temporary help company of the
16requirement to contact the temporary help company or had other good cause for his
17or her failure to contact the temporary help company about available assignments
18during that week.
AB40-ASA1,942,2219
3. If a claimant who was last employed by a temporary help company contacts
20the temporary help company during a given week about available assignments, that
21contact constitutes one action that constitutes a reasonable search for suitable work,
22for purposes of par. (a) 3.
AB40-ASA1,1717d
23Section 1717d. 108.04 (5) of the statutes is renumbered 108.04 (5) (intro.) and
24amended to read:
AB40-ASA1,944,3
1108.04
(5) Discharge for misconduct. (intro.)
Unless sub. (5g) results in 2disqualification, an An employee whose work is terminated by an employing unit for
3misconduct
by the employee connected with the employee's work is ineligible to
4receive benefits until 7 weeks have elapsed since the end of the week in which the
5discharge occurs and the employee earns wages after the week in which the
6discharge occurs equal to at least 14 times the employee's weekly benefit rate under
7s. 108.05 (1) in employment or other work covered by the unemployment insurance
8law of any state or the federal government. For purposes of requalification, the
9employee's weekly benefit rate shall be
that the rate
which that would have been paid
10had the discharge not occurred. The wages paid to an employee by an employer
11which terminates employment of the employee for misconduct connected with the
12employee's employment shall be excluded from the employee's base period wages
13under s. 108.06 (1) for purposes of benefit entitlement. This subsection does not
14preclude an employee who has employment with an employer other than the
15employer which terminated the employee for misconduct from establishing a benefit
16year using the base period wages excluded under this subsection if the employee
17qualifies to establish a benefit year under s. 108.06 (2) (a). The department shall
18charge to the fund's balancing account any benefits otherwise chargeable to the
19account of an employer that is subject to the contribution requirements under ss.
20108.17 and 108.18 from which base period wages are excluded under this subsection.
21For purposes of this subsection, "misconduct" means one or more actions or conduct
22evincing such willful or wanton disregard of an employer's interests as is found in
23deliberate violations or disregard of standards of behavior which an employer has a
24right to expect of his or her employees, or in carelessness or negligence of such degree
25or recurrence as to manifest culpability, wrongful intent, or evil design of equal
1severity to such disregard, or to show an intentional and substantial disregard of an
2employer's interests, or of an employee's duties and obligations to his or her
3employer. In addition, "misconduct" includes:
AB40-ASA1,1717f
4Section 1717f. 108.04 (5) (a) to (g) of the statutes are created to read:
AB40-ASA1,944,75
108.04
(5) (a) A violation by an employee of an employer's reasonable written
6policy concerning the use of alcohol beverages, or use of a controlled substance or a
7controlled substance analog, if the employee:
AB40-ASA1,944,88
1. Had knowledge of the alcohol beverage or controlled substance policy; and
AB40-ASA1,944,139
2. Admitted to the use of alcohol beverages or a controlled substance or
10controlled substance analog or refused to take a test or tested positive for the use of
11alcohol beverages or a controlled substance or controlled substance analog in a test
12used by the employer in accordance with a testing methodology approved by the
13department.
AB40-ASA1,944,1814
(b) Theft of an employer's property or services with intent to deprive the
15employer of the property or services permanently, theft of currency of any value,
16felonious conduct connected with an employee's employment with his or her
17employer, or intentional or negligent conduct by an employee that causes substantial
18damage to his or her employer's property.
AB40-ASA1,944,2119
(c) Conviction of an employee of a crime or other offense subject to civil
20forfeiture, while on or off duty, if the conviction makes it impossible for the employee
21to perform the duties that the employee performs for his or her employer.
AB40-ASA1,944,2322
(d) One or more threats or acts of harassment, assault, or other physical
23violence instigated by an employee at the workplace of his or her employer.
AB40-ASA1,945,524
(e) Absenteeism by an employee on more than 2 occasions within the 120-day
25period before the date of the employee's termination, unless otherwise specified by
1his or her employer in an employment manual of which the employee has
2acknowledged receipt with his or her signature, or excessive tardiness by an
3employee in violation of a policy of the employer that has been communicated to the
4employee, if the employee does not provide to his or her employer both notice and one
5or more valid reasons for the absenteeism or tardiness.
AB40-ASA1,945,76
(f) Unless directed by an employee's employer, falsifying business records of the
7employer.
AB40-ASA1,945,148
(g) Unless directed by the employer, a willful and deliberate violation of a
9written and uniformly applied standard or regulation of the federal government or
10a state or tribal government by an employee of an employer that is licensed or
11certified by a governmental agency, which standard or regulation has been
12communicated by the employer to the employee and which violation would cause the
13employer to be sanctioned or to have its license or certification suspended by the
14agency.
AB40-ASA1,1717h
15Section 1717h. 108.04 (5g) of the statutes is repealed and recreated to read:
AB40-ASA1,946,216
108.04
(5g) Discharge for substantial fault. (a) An employee whose work is
17terminated by an employing unit for substantial fault by the employee connected
18with the employee's work is ineligible to receive benefits until 7 weeks have elapsed
19since the end of the week in which the termination occurs and the employee earns
20wages after the week in which the termination occurs equal to at least 14 times the
21employee's weekly benefit rate under s. 108.05 (1) in employment or other work
22covered by the unemployment insurance law of any state or the federal government.
23For purposes of requalification, the employee's benefit rate shall be the rate that
24would have been paid had the discharge not occurred. For purposes of this
25paragraph, "substantial fault" includes those acts or omissions of an employee over
1which the employee exercised reasonable control and which violate reasonable
2requirements of the employee's employer but does not include any of the following:
AB40-ASA1,946,43
1. One or more minor infractions of rules unless an infraction is repeated after
4the employer warns the employee about the infraction.
AB40-ASA1,946,55
2. One or more inadvertent errors made by the employee.
AB40-ASA1,946,76
3. Any failure of the employee to perform work because of insufficient skill,
7ability, or equipment.
AB40-ASA1,946,118
(b) The department shall charge to the fund's balancing account the cost of any
9benefits paid to an employee that are otherwise chargeable to the account of an
10employer that is subject to the contribution requirements under ss. 108.17 and
11108.18 if the employee is discharged by the employer and paragraph (a) applies.
AB40-ASA1,1717j
12Section 1717j. 108.04 (7) (a) of the statutes is amended to read:
AB40-ASA1,946,2313
108.04
(7) (a) If an employee terminates work with an employing unit, the
14employee is ineligible to receive benefits until
4 weeks have elapsed since the end
15of the week in which the termination occurs and the employee earns wages after the
16week in which the termination occurs equal to at least
4 6 times the employee's
17weekly benefit rate under s. 108.05 (1) in employment or other work covered by the
18unemployment insurance law of any state or the federal government. For purposes
19of requalification, the employee's weekly benefit rate shall be that rate which would
20have been paid had the termination not occurred. This paragraph does not preclude
21an employee from establishing a benefit year by using the base period wages paid by
22the employer from which the employee voluntarily terminated, if the employee is
23qualified to establish a benefit year under s. 108.06 (2) (a).
AB40-ASA1,1717L
24Section 1717L. 108.04 (7) (d), (g), (j), (k), (m), (n), (o), (p) and (r) of the statutes
25are repealed.
AB40-ASA1,1717n
1Section 1717n. 108.04 (7) (e) of the statutes is amended to read:
AB40-ASA1,947,112
108.04
(7) (e) Paragraph (a) does not apply if the department determines that
3the employee accepted work which the employee could have failed to accept with good
4cause under sub. (8) and terminated such work with the same good cause and within
5the first
10 weeks 30 calendar days after starting the work, or that the employee
6accepted work which the employee could have refused under sub. (9) and terminated
7such work within the first
10 weeks 30 calendar days after starting the work. For
8purposes of this paragraph, an employee has the same good cause for voluntarily
9terminating work if the employee could have failed to accept the work under sub. (8)
10(d) when it was offered, regardless of the reason articulated by the employee for the
11termination.
AB40-ASA1,1717p
12Section 1717p. 108.04 (7) (h) of the statutes is amended to read:
AB40-ASA1,947,1713
108.04
(7) (h) The department shall charge to the fund's balancing account
14benefits paid to an employee that are otherwise chargeable to the account of an
15employer that is subject to the contribution requirements of ss. 108.17 and 108.18
16if the employee voluntarily terminates employment with that employer and par. (a),
17(c),
(d), (e),
(k), (L),
(o), (p), (q), (s), or (t) applies.
AB40-ASA1,1717r
18Section 1717r. 108.04 (7) (L) (intro.) of the statutes is amended to read:
AB40-ASA1,947,2319
108.04
(7) (L) (intro.) Paragraph (a) does not apply if the department
20determines that the employee terminated work to accept employment or other work
21covered by the unemployment insurance law of any state or the federal government
,
22and earned wages in the subsequent work equal to at least 4 times the employee's
23weekly benefit rate under s. 108.05 (1) if the work:
AB40-ASA1,1717t
24Section 1717t. 108.04 (7) (t) of the statutes is renumbered 108.04 (7) (t) (intro.)
25and amended to read:
AB40-ASA1,948,2
1108.04
(7) (t) (intro.) Paragraph (a) does not apply if the department
2determines that
the all of the following apply to an employee:
AB40-ASA1,948,4
31. The employee's spouse
changed his or her place of employment is a member
4of the U.S. armed forces on active duty.
AB40-ASA1,948,6
52. The employee's spouse was required by the U.S. armed forces to relocate to
6a place to which it is impractical
for the employee to commute
and the.
AB40-ASA1,948,8
73. The employee terminated his or her work to accompany the spouse to that
8place.
AB40-ASA1,948,1411
108.05
(3) (c) (intro.) Except when otherwise authorized in an approved
12work-share program under s. 108.062
and except as provided in par. (cm), a claimant
13is ineligible to receive any benefits for a week in which one or more of the following
14applies to the claimant for 32 or more hours in that week:
AB40-ASA1,1717x
15Section 1717x. 108.05 (3) (cm) of the statutes is created to read:
AB40-ASA1,948,1616
108.05
(3) (cm) 1. In this paragraph:
AB40-ASA1,948,1917
a. "Complete business shutdown" means that all locations operated by an
18employer are closed for business completely and no employee employed by the
19business is required by the employer to report for work or be available for work.
AB40-ASA1,948,2120
b. "State or federal holiday" means a day specified in s. 230.35 (4) (a) or in
5 USC
216103 (a).
AB40-ASA1,949,222
2. An employer may, on or before December 1, provide to the department a
23written notice designating that the employer will undergo a complete business
24shutdown on one or more state or federal holidays in the succeeding calendar year.
1An employer may not designate more than 7 state or federal holidays under this
2subdivision for a complete business shutdown during the succeeding calendar year.
AB40-ASA1,949,43
3. A notice under subd. 2. is not valid for any year subsequent to the succeeding
4calendar year.
AB40-ASA1,949,75
4. The number of hours specified in par. (c), as it applies to a claimant, is
6reduced by 8 hours for the week during which a state or federal holiday occurs if all
7of the following apply:
AB40-ASA1,949,88
a. The claimant has base period wages only from the employer under subd. 2.
AB40-ASA1,949,109
b. The employer designated the state or federal holiday for a complete business
10shutdown under subd. 2. and underwent a complete business shutdown on that day.
AB40-ASA1,949,1611
5. If an employer that provides a notice under subd. 2. will not or does not
12undergo a complete business shutdown on a state or federal holiday as designated
13in the notice, the employer shall, no later than the first business day following the
14week in which the state or federal holiday occurs, provide the department with a
15written notice indicating that the complete business shutdown will not or did not
16occur.
AB40-ASA1,1718
17Section
1718. 108.14 (7) (bm) of the statutes is created to read:
AB40-ASA1,949,2518
108.14
(7) (bm) Upon request of the department of revenue, the department
19may provide information, including social security numbers, concerning claimants
20to the department of revenue for the purpose of administering state taxes,
21identifying fraudulent tax returns, providing information for tax-related
22prosecutions, or locating persons or the assets of persons who have failed to file tax
23returns, who have underreported their taxable income, or who are delinquent
24debtors. The department of revenue shall adhere to the limitation on inspection and
25disclosure of the information under par. (b).
AB40-ASA1,1718e
1Section 1718e. 108.14 (8n) (e) of the statutes is amended to read:
AB40-ASA1,950,152
108.14
(8n) (e) The department shall charge this state's share of any benefits
3paid under this subsection to the account of each employer by which the employee
4claiming benefits was employed in the applicable base period, in proportion to the
5total amount of wages he or she earned from each employer in the base period, except
6that if s. 108.04 (1) (f), (5), (7) (a), (c),
(d), (e),
(k), (L),
(o), (p), (q), (s), or (t), (7m) or (8)
7(a) or 108.07 (3), (3r), (5) (b) or (8) would have applied to employment by such an
8employer who is subject to the contribution requirements of ss. 108.17 and 108.18,
9the department shall charge the share of benefits based on employment with that
10employer to the fund's balancing account, or, if s. 108.04 (1) (f) or (5) or 108.07 (3)
11would have applied to an employer that is not subject to the contribution
12requirements of ss. 108.17 and 108.18, the department shall charge the share of
13benefits based on that employment in accordance with s. 108.07 (5) (a) and (b). The
14department shall also charge the fund's balancing account with any other state's
15share of such benefits pending reimbursement by that state.
AB40-ASA1,1718m
16Section 1718m. 108.141 (7) (a) of the statutes is amended to read:
AB40-ASA1,950,2317
108.141
(7) (a) The department shall charge the state's share of each week of
18extended benefits to each employer's account in proportion to the employer's share
19of the total wages of the employee receiving the benefits in the employee's base
20period, except that if the employer is subject to the contribution requirements of ss.
21108.17 and 108.18 the department shall charge the share of extended benefits to
22which s. 108.04 (1) (f), (5), (7) (a), (c),
(d), (e),
(k), (L),
(o), (p), (q), (s), or (t), (7m) or (8)
23(a) or 108.07 (3), (3r), (5) (b) or (8) applies to the fund's balancing account.
AB40-ASA1,1718s
24Section 1718s. 108.16 (13) of the statutes is created to read:
AB40-ASA1,951,14
1108.16
(13) If the secretary determines that employers in this state that are
2subject to a requirement to pay a federal unemployment tax might experience a lower
3tax rate if this state were to loan moneys to the fund under s. 20.002 (11) (b) 3m., the
4secretary shall request the secretary of administration to make one or more transfers
5to the fund in the amount required to maintain a favorable federal tax experience for
6employers. The secretary shall not request a transfer under this subsection if the
7outstanding balance of such transfers at the time of the request would exceed
8$50,000,000. Whenever the secretary determines that the balance of the fund
9permits repayment of a transfer, in whole or in part, without jeopardizing the ability
10of the department to continue to pay other liabilities and costs chargeable to the fund,
11the secretary shall repay the department of administration for the amount that the
12secretary determines is available for repayment. The secretary shall ensure that the
13timing of any repayment accords with federal requirements for ensuring a favorable
14tax experience for employers in this state.
AB40-ASA1,1719
15Section
1719. 108.161 (7) of the statutes is amended to read:
AB40-ASA1,951,2116
108.161
(7) If any moneys appropriated hereunder are used to buy and hold
17suitable land, with a view to the future construction of an employment security
18building thereon, and if such land is later sold or transferred to other use, the
19proceeds of such sale (or the value of such land when transferred) shall be credited
20to the account created by sub. (1)
except as otherwise provided in ss. 13.48 (14) and
2116.848.
AB40-ASA1,1720
22Section
1720. 108.161 (9) of the statutes is amended to read:
AB40-ASA1,952,723
108.161
(9) Any land and building or office quarters acquired under this section
24shall continue to be used for employment security purposes. Realty or quarters may
25not be sold or transferred to other use
if prior action is taken under s. 13.48 (14) (am)
1or 16.848 (1) and may not be sold or transferred without the governor's approval. The
2proceeds from the sale, or the value of realty or quarters upon transfer, shall be
3credited to the account established in sub. (1) or credited to the fund established in
4s. 108.20, or both in accordance with federal requirements. Equivalent substitute
5rent-free quarters may be provided, as federally approved. Amounts credited under
6this subsection shall be used solely to finance employment security quarters
7according to federal requirements.
AB40-ASA1,1720b
8Section 1720b. 108.18 (4) (figure) Schedule A line 23. of the statutes is
9amended to read:
Figure 108.18 (4):
AB40-ASA1,1720c
10Section 1720c. 108.18 (4) (figure) Schedule A lines 24. to 26. of the statutes
11are created to read:
Figure 108.18 (4):
AB40-ASA1,1720d
12Section 1720d. 108.18 (4) (figure) Schedule B line 23. of the statutes is
13amended to read:
Figure 108.18 (4):
AB40-ASA1,1720e
1Section 1720e. 108.18 (4) (figure) Schedule B lines 24. to 26. of the statutes
2are created to read:
Figure 108.18 (4):