Except as provided in subs. (4)
, inmate employees shall be paid for actual hours worked.
Each inmate employee shall be paid a base wage established by the industries director. Pay adjustments based on prison industries written policy may be added to the original base wage.
Overtime pay at the rate of one and one-half times the base wage shall be given to inmate employees for hours worked in excess of 40 hours per week.
Inmate employees shall be paid at the institution rate for involuntary unassigned for the regular
scheduled hours if there is a temporary layoff under s. DOC 313.16
When an inmate employee is injured in the performance of job duties and is unable to work, the inmate shall continue to receive the same base wage until the inmate employee returns to work or is terminated or removed under s. DOC 313.11
An inmate employee shall be paid at the inmate employee's current base wage for all hours absent from work when removed pending investigation or placement into TLU status unless terminated or removed under s. DOC 313.11
DOC 313.12 History
History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18; corrections in (5), (6) made under s. 13.92 (4) (b) 7., Stats., Register February 2018, No. 746. DOC 313.13(1)
The industries director shall establish the regular work day for full-time, part-time, and temporary positions.
An inmate employee may not be absent from the worksite during work hours unless the industries supervisor approves the absence. The industries supervisor may approve absences for necessary programming that cannot be scheduled during non-work hours.
DOC 313.13 History
History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18. DOC 313.14
DOC 313.14 Inmate employee labor unions.
Inmate employee labor unions are prohibited.
DOC 313.14 History
History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18. DOC 313.15(1)(1)
Prison industries shall promote equal employment opportunity through programs and practices.
Prison industries shall strive to achieve an inmate work force that reflects the racial composition of the population of the employing institution.
Prison industries shall gather and monitor racial information from its employing units on a quarterly basis and direct action as necessary.
Prison industries shall strive to provide parity in employment opportunities for male and female inmates.
DOC 313.15 History
History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18. DOC 313.16(1)(1)
The industries director has the authority to lay off inmate employees when necessary due to business conditions.
If a layoff is for a period of ten consecutive working days or fewer, the affected inmate employee shall receive the institution involuntary unassigned pay for the regular
during the layoff period.
If an inmate employee on layoff has not been reemployed after ten consecutive working days, the inmate employee may be removed from employment.
If the inmate employee is removed from employment under sub. (3)
and called back to the same position within 60 calendar days following removal, the inmate employee shall return at the former base wage.
DOC 313.16 History
History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18. DOC 313.17
DOC 313.17 Private sector prison industry enhancement certification programs.
Prison industries programs certified by the federal private sector prison industry enhancement certification program (PSPIEC) under 18 USC 17.61 (c) and operating under the authority of s. 303.06 (2)
, Stats., are not subject to s. DOC 313.07
but are subject to all of the following:
Each inmate employee working in a PSPIEC program shall be paid a wage comparable to that paid in the private sector for work of a similar nature in the locality in which the prison industry is located or, as a minimum, the federal minimum wage.
Overtime hours shall be compensated for in accordance with the Fair Labor Standards Act, 29 USC 201
An inmate employee injured in the performance of job duties shall receive injury compensation pay in an amount equal to the amount the inmate employee would have received had the inmate employee worked during the inmate's recuperation.
The regular work schedule for PSPIEC programs shall be as close to 40 hours per week as possible based on institution schedules and prison industries workload.
An inmate employee who has been laid off and is called back to the same position within 60 calendar days shall return at the inmate employee's former wage rate. If the inmate employee is called back to a different position, the inmate employee shall receive an appropriate wage for the duties being performed.
DOC 313.17 History
History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18; correction in (intro.) made under s. 35.17, Stats., Register February 2018 No. 746. DOC 313.18
DOC 313.18 Correctional farms.
Employment provisions of this chapter apply to inmate employees who work on correctional farms or at correctional farm dairy processing plants that are owned or operated by the department, except that inmate employees who work in agricultural positions on correctional farms are exempt from overtime provisions under s. DOC 313.12 (3)
but are eligible to receive pay adjustments under s. DOC 313.12 (2)
DOC 313.18 History
History: CR 16-055: cr., Register February 2018, No. 746, eff. 3-1-18.