Entities affected by the rule
Certified child care providers and their employees and volunteers, applicants for certification, parents and children who receive care from certified providers, and county child care certifiers.
Comparison with federal regulations
There are no comparable federal requirements.
Staff time required
80 hours.
Workforce Development
Subject
DWD 123, Employer Reports Regarding Unemployment Insurance Benefit Claims.
Policy Analysis
Chapter
DWD 123 specifies employer reports that the Department uses to gather information to determine benefit claims and prescribes filing procedures for the reports. The current ch.
DWD 123 is confusing and contains obsolete and inaccurate information. The proposed rules will describe the employer reports that comply with current statutory requirements and will update and clarify department filing procedures.
Statutory authority
Entities affected by the rule
Employers covered by the unemployment insurance program.
Comparison with federal regulations
There are no comparable federal requirements.
Staff time required
60 hours.
Workforce Development
Subject
DWD 130, Wages for Benefit Purposes.
Policy Analysis
Section
108.08 (26), Stats., lists sources of income that are considered wages for the unemployment insurance program, unless the department otherwise specifies by rule. Chapter
DWD 130 describes the department's treatment of tips, the value of room or meals, and payments under supplemental unemployment benefit plans, in determining wages for benefit purposes. The current rule contains obsolete cross-references and other inaccurate or redundant references. The proposed rule will clarify language, omit unnecessary provisions, and make technical corrections.
Statutory authority
Entities affected by the rule
Employers and employees covered by the unemployment insurance program.
Comparison with federal regulations
There are no comparable federal requirements.
Staff time required
40 hours.
Workforce Development
Subject
DWD 276, Notice to Home Care Consumers and Workers.
Policy Analysis
2005 Wisconsin Act 197 requires that whenever a home care placement agency places a home care worker in the residence of a home care consumer, the home care placement agency must provide notice to the home care consumer specifying the duties, responsibilities, and liabilities of the agency, the consumer, and the worker. The notice shall specify whether the worker is an employee of the agency, an employee of the consumer, or an independent contractor. Notwithstanding this notice, there must also be a statement that the consumer may be found to be responsible under state and federal labor and tax laws. The notice will also contain other information, including phone numbers to report elder abuse.
The home care placement agency must also provide a similar notice to the home care worker stating the employment status of the worker and the duties, responsibilities, and liabilities of the agency, consumer, and worker as a result of that status. In addition, there must be a statement that the worker may be found to be an independent contractor under state and federal labor laws and tax laws notwithstanding the notice.
A home care consumer or worker who is not provided with the required notice may file a complaint with the department or may commence an action in circuit court to recover from the home care placement agency any fine or penalty required for noncompliance with any state or federal labor law or liability for payment of social security taxes, unemployment contributions, and provision of worker's compensation or liability insurance.
The department will promulgate rules to implement these new requirements.
Statutory authority
Entities affected by the rule
Home care consumers, home care workers, and home care placement agencies.
Comparison with federal regulations
There are no comparable federal requirements.
Staff time required
120 hours.
