Under s. 108.04 (2), Stats., UI claimants must be able to and available for work (A&A). This helps ensure that only those with a true attachment to the workforce receive UI benefits.
Chapter DWD 128 describes when a claimant will be considered A&A. When a claimant has restrictions which are outside his or her control, such as a physical limitation, he or she is still considered A&A if he or she can perform at least 15% of the suitable work in his or her labor market. If a claimant cannot perform at least 15% of the suitable work, his or her attachment to the workforce has been too severely compromised by the restriction.
However, even if the uncontrollable restriction limits a claimant to less than 15% of the suitable work, he or she may be granted a “grace period" during which he or she will nonetheless be considered A&A. Eligibility for such a grace period requires that wages earned in the preceding 26 weeks have been earned while experiencing the uncontrollable restriction. Duration of the “grace period" depends on how much of those wages were so earned. This provision is based on the belief that if a person has had a job and worked for a substantial period of time with the uncontrollable restriction, then he or she had established at least some attachment to the workforce despite the restriction.
Section DWD 128.02 (2) (a) creates an on-going “grace period" for claimants when all of the wages earned in the immediately preceding 26 weeks were earned while experiencing the uncontrollable restriction. It is believed that such claimants have demonstrated a true attachment to the workforce despite the restriction.
Section DWD 128.02 (1) is amended to include psychological restrictions in the description of uncontrollable restrictions; however, this is not a substantive change, since courts have interpreted the current language concerning physical restrictions to include psychological restrictions as well. It also expands applicability of the “grace period" to include those whose work was terminated for a reason unrelated to the restriction (in addition to those who have been laid off).
Exceptional Circumstances for Failing to Apply for UI
Chapter DWD 129 describes the procedures involved in filing a claim for UI benefits. Claimants are only eligible for benefits as of the week in which they first file a claim. This requirement may be waived under certain exceptional circumstances. Section DWD 129.01 (4) (e) expands exceptional circumstances to include when a claimant tries to initiate a claim using the telephone initial claims system but is unable to do so because the telephone system is overloaded to a specified degree.
Written Comments and Contact Person
Interested people are invited to appear at the hearings and will be afforded the opportunity of making an oral presentation of their positions. People making oral presentations are requested to submit their facts, views and suggested rewording in writing. Written comments from people unable to attend the public hearing or who wish to supplement testimony offered at the hearing may be submitted no later than April 10, 1998, for inclusion in the summary of public comments submitted to the Legislature. Any such comments should be submitted to Joyce S. Mahan at the address indicated earlier in this notice. Written comments will be given the same consideration as testimony presented at the hearings. People submitting comments will not receive individual responses.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules:
Most of the changes in this packet are mere language changes or clarification of statutes already in existence. These changes do not substantively affect any small employers other than to make the law easier to understand; however, all Wisconsin employers covered under the unemployment insurance statute may be affected by the expansion of the definition of “exceptional circumstances" and the creation of an on-going “grace period".
2. Reporting, bookkeeping and other procedures required for compliance with the rules:
None.
3. Types of professional skills necessary for compliance with the rules:
None.
Fiscal Estimate
The proposed changes have no significant fiscal effect. The changes involve administrative activities such as replacing forms, specifying a method for determining when telephone lines are busy, defining exceptional circumstances, and substituting the term “unemployment insurance" for “unemployment compensation". The fiscal effects of any policy changes underlying changes in forms, etc., were included in fiscal notes to laws changed in the 1995 session.
Notice of Hearing
Workforce Development
(Prevailing Wage Rates, Chs. DWD 290-294)
Notice is hereby given that pursuant to ss. 66.295 (5) and 103.49 (3g), Stats., the Department of Workforce Development proposes to hold a public hearing to consider revision of ch. DWD 290, Wis. Adm. Code, relating to minimum estimated project costs relating to prevailing wage rates for state or local public works projects.
Hearing Information
The public hearing is scheduled as follows:
March 27, 1998 Room 407, GEF #1
Friday 201 E. Washington Ave.
10:30 a.m. MADISON, WI
This hearing is held in an accessible facility. If you have special needs or circumstances which may make communication or accessibility difficult at the hearing, please call (608) 266-7560, or Telecommunication Device for the Deaf (TTY) at (608) 264-8752, at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators or materials in audio tape format will, to the fullest extent possible, be made available on request by a person with a disability.
Copies of Rule
A copy of the rules to be considered may be obtained from:
Division of Equal Rights
Telephone (608) 266-7560
State Dept. of Workforce Development
201 East Washington Ave.
P.O. Box 8928
Madison, WI 53708
Copies of the rules may also be obtained at the appointed time and place the hearing is held.
Analysis
Statutory authority for rule: ss. 66.293 (5) and 103.49 (3g)
Statutes interpreted: ss. 66.293 (5) and 103.49 (3g)
The state prevailing wage laws require that, when a state agency or local governmental unit constructs a public works project, it must obtain a prevailing wage rate determination from the Department of Workforce Development and require that the contractors and subcontractors on the project pay their employes in accordance with those wage rates. Under ss. 66.293 (5) and 103.49 (3g), Stats., as affected by 1995 Wis. Act 215, the state prevailing wage laws do not apply to any “single-trade public works project" (a project involving the employment of only one trade) whose estimated cost is below $30,000, and it does not apply to any “multi-trade public works project" whose estimated cost is below $150,000.
Also under ss. 66.293(5) and 103.49(3g), Stats., the Department is required to adjust the dollar amounts of the nonapplicability limits each year, in proportion to any change in construction costs since the limits were last determined.
Under this proposed rule, the Department would use the construction cost index published in the Engineering News-Record, a weekly national publication, to determine the annual adjustment, if any, to the nonapplicability limits. In addition, the proposed rule changes the nonapplicability limits to $32,000 for single-trade projects and $160,000 for multi-trade projects, based on a 6.4% increase in the Construction Cost Index between April 1996 and November 1997.
This rule also repeals ch. DWD 292, Wis. Adm. Code, which was rendered obsolete by amendments to ch. DWD 290, Wis. Adm. Code, in 1997.
Written Comments
Interested people are invited to appear at the hearing and will be afforded the opportunity of making an oral presentation of their positions. People making oral presentations are requested to submit their facts, views and suggested rewording in writing. Written comments from people unable to attend the public hearing or who wish to supplement testimony offered at the hearing may be submitted no later than April 2, 1998, for inclusion in the summary of public comments submitted to the Legislature. Any such comments should be submitted to Gary Shealy at the address indicated earlier in this notice. Written comments will be given the same consideration as testimony presented at the hearing. People submitting comments will not receive individual responses.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules:
None. These rules affect state agencies or local governmental bodies which conduct public works projects.
2. Reporting, bookkeeping and other procedures required for compliance with the rules:
Not applicable.
3. Types of professional skills necessary for compliance with the rules:
Not applicable.
Fiscal Estimate
Currently, a public works project which costs more than $30,000 (for a single-trade project) or $150,000 (for a multi-trade project) must obtain a prevailing wage rate determination from DWD and pay wages at those rates. This rule raises the limits to $32,000 and $160,000 to reflect the increase in construction costs since April of 1996. Under this rule, a local government with a public works project that costs more than $30,000 but less than $32,000 (for a single trade project) or more than $150,000 but less than $160,000 (for multi-trade project) will now not be covered by the prevailing wage requirement and will therefore probably experience lower wage costs on the project than it would have.
Administrative Rules Filed With The
Revisor Of Statutes Bureau
The following administrative rules have been filed with the Revisor of Statutes Bureau and are in the process of being published. The date assigned to each rule is the projected effective date. It is possible that the publication of these rules could be delayed. Contact the Revisor of Statutes Bureau at (608) 266-7275 for updated information on the effective dates for the listed rules.
Agriculture, Trade & Consumer Protection
(CR 97-43):
An order creating ss. ATCP 31.03 (1) (d) and 31.08 (4), relating to standards for repealing site-specific prohibitions against the use of pesticides found in groundwater.
Effective 04-01-98.
An order creating s. ElBd 1.855, relating to contributions from conduit accounts.
Effective 05-01-98.
An order creating s. ElBd 1.30 (3), relating to political parties' maintenance of exempt status in campaign finance report filing, notwithstanding receipt of party dues in excess of $100.
Effective 05-01-98.
An order creating s. ElBd 1.655 (1) (bm) and (5), relating to identification of the source of communications in polls and surveys conducted for political purposes.
Effective 05-01-98.
An order amending s. ElBd 1.85 (1) and (4), relating to conduit registration and reporting requirements.
Effective 05-01-98.
An order creating s. NR 27.07, relating to notice of receipt of an application to incidentally take an endangered or threatened species.
Effective 05-01-98.
An order amending s. NR 24.09 (1) (a) and (2), as affected by
Clearinghouse Rule 96-189, relating to commercial clamming on the Wisconsin-Iowa boundary waters.
Effective 04-01-98.
The State of Wisconsin
