SB684: Bill Text

SB684,50,15 1. Whether the employer was previously found to have misclassified an employee in the same or a substantially similar position.

SB684,50,20 2. Whether the employer was the subject of litigation or a governmental investigation relating to worker misclassification and the employer, as a result of that litigation or investigation, received an opinion or decision from a federal or state court or agency that the subject position or a substantially similar position should be classified as an employee.

SB684,50,25 (2) Any employer described in s. 108.18 (2) (c) or engaged in the painting or drywall finishing of buildings or other structures who, through coercion, requires an individual to adopt the status of a nonemployee shall be assessed a penalty by the department in the amount of $1,000 for each individual so coerced, but not to exceed $10,000 per calendar year.

SB684,51,2 (3) Assessments under subs. (1) and (2) shall be deposited in the unemployment program integrity fund.

SB684,93 Section 93. 108.225 (1) (a) of the statutes is amended to read:

SB684,51,7 108.225 (1) (a) "Contribution" includes a reimbursement or assessment under s. 108.15, 108.151, or 108.152, or 108.155, interest for a nontimely payment, fees, and any payment due for a forfeiture imposed upon an employing unit under s. 108.04 (11) (c) or other penalty assessed by the department under this chapter.

SB684,94 Section 94. 108.24 (2m) of the statutes is amended to read:

SB684,51,18 108.24 (2m) Any employer described in s. 108.18 (2) (c) or engaged in the painting or drywall finishing of buildings or other structures who willfully, after having previously been assessed an administrative penalty by the department under s. 108.221 (1), knowingly and intentionally provides false information to the department for the purpose of misclassifying or attempting to misclassify an individual who is an employee of the employer as a nonemployee shall be fined $1,000 for each employee who is misclassified, subject to a maximum fine of $25,000 for each violation. The department may refer violations of this subsection for prosecution by the department of justice or the district attorney for the county in which the violation occurred.

SB684,95 Section 95. 111.327 of the statutes is repealed.

SB684,96 Section 96 . 2011 Wisconsin Act 198, section 4m is repealed.

SB684,97 Section 97. 2011 Wisconsin Act 198, section 6m is repealed.

SB684,98 Section 98. 2011 Wisconsin Act 198, section 37m is repealed.

SB684,99 Section 99 . 2011 Wisconsin Act 198, section 47m (1), as last affected by 2013 Wisconsin Act 36, is repealed.

SB684,100 Section 100 . 2013 Wisconsin Act 36, section 236m is repealed.

SB684,101 Section 101. Nonstatutory provisions.

SB684,52,5 (1) Unemployment insurance; repeal of program integrity fund sunset. The repeal of 2011 Wisconsin Act 198, sections 4m, 6m, 37m, and 47m (1) and 2013 Wisconsin Act 36, section 236m applies notwithstanding section 990.03 of the statutes.

SB684,102 Section 102 . Initial applicability.

SB684,52,10 (1) Concealment by claimants. The renumbering and amendment of section 108.04 (11) (g) of the statutes and the creation of section 108.04 (11) (g) 2. and 3. of the statutes first apply to determinations issued under section 108.09 of the statutes on the effective date of this subsection.

SB684,52,14 (2) Concurrent receipt of SSDI and UI benefits. The treatment of section 108.04 (2) (h) and (12) (f) 1., 1m., 2., 2m., and 3. b. to d. of the statutes first applies retroactively to determinations issued under section 108.09 of the statutes on the effective date of this subsection.

SB684,52,17 (3) Judicial review changes. The treatment of sections 108.09 (4o), (7) (a), (b), and (c) to (h) and 108.10 (4) of the statutes first applies to actions filed on the effective date of this subsection.

SB684,52,21 (4) Able and available determinations. The treatment of sections 108.04 (1) (b) and (bm), (7) (c), (cg), and (h), (8) (e), and (16) (b), 108.14 (8n) (e), and 108.141 (7) (a) of the statutes first applies to determinations issued under section 108.09 of the statutes on the effective date of this subsection.

SB684,52,24 (5) Personal liability of LLP partners. The treatment of section 108.22 (9) of the statutes first applies to determinations issued under section 108.10 of the statutes on the effective date of this subsection.

SB684,53,5 (6) Suitable work. The treatment of section 108.04 (7) (e) and (8) (c), (dm), and (em) of the statutes, the renumbering and amendment of section 108.04 (8) (d) of the statutes, and the creation of section 108.04 (8) (d) 2. of the statutes first apply to determinations issued under section 108.09 of the statutes on the effective date of this subsection.

SB684,53,8 (7) Receipt of worker's compensation. The treatment of section 108.04 (12) (e) of the statutes first applies to determinations issued under section 108.09 of the statutes on the effective date of this subsection.

SB684,53,11 (8) Misclassification; assessments and penalties. The treatment of sections 102.07 (8) (d), 108.221, 108.24 (2m), and 111.327 of the statutes first applies to violations committed on the effective date of this subsection.

SB684,103 Section 103. Effective dates. This act takes effect on the first Sunday after publication, except as follows:

SB684,53,16 (1) Concurrent receipt of SSDI and UI benefits. The treatment of section 108.04 (2) (h) and (12) (f) 1., 1m., 2., 2m., and 3. b. to d. of the statutes and Section 102 (2 ) of this act take effect retroactively to January 5, 2014.

SB684,53,22 (2) Reimbursable employer identity theft charging. The treatment of sections 108.02 (21) (b), 108.04 (13) (d) 3. (intro.) and a. and 4. (intro.), a., and c., 108.151 (4) (b), 108.152 (6) (a) (intro.), 108.155, 108.16 (6) (g), (6m) (i), (7m), and (10), 108.22 (1) (b) and (c) and (1m), and 108.225 (1) (a) of the statutes, the renumbering and amendment of section 108.151 (3) (b) of the statutes, and the creation of section 108.151 (3) (b) 2. of the statutes take effect on October 2, 2016.

SB684,53,25 (3) Judicial review changes. The treatment of sections 108.09 (4o), (7) (a), (b), and (c) to (h) and 108.10 (4) of the statutes and Section 102 (3 ) of this act take effect on the first day of the 5th month beginning after publication.

SB684,54,4 (4) Suitable work. The treatment of section 108.04 (7) (e) and (8) (c), (dm), and (em) of the statutes, the renumbering and amendment of section 108.04 (8) (d) of the statutes, and the creation of section 108.04 (8) (d) 2. of the statutes and Section 102 (6) of this act take effect on the 5th Sunday beginning after publication.

SB684,54,7 (5) Receipt of worker's compensation. The treatment of section 108.04 (12) (e) of the statutes and Section 102 (7) of this act take effect on the 5th Sunday beginning after publication.

SB684,54,11 (6) Misclassification; assessments and penalties. The treatment of sections 102.07 (8) (d), 108.19 (1s) (a) 4., 108.221, 108.24 (2m), and 111.327 of the statutes and Section 102 (8) of this act take effect on the first Sunday of the 7th month beginning after publication.

SB684,54,12 (End)