a. The individual maintains a separate business with his or her own office, equipment, materials and other facilities.
b. The individual operates under contracts to perform specific services for specific amounts of money and under which the individual controls the means and method of performing the services.
c. The individual incurs the main expenses related to the services that he or she performs under contract.
d. The individual is responsible for the satisfactory completion of the services that he or she contracts to perform and is liable for a failure to satisfactorily complete the services.
e. The individual receives compensation for services performed under a contract on a commission or per-job or competitive-bid basis and not on any other basis.
f. The individual may realize a profit or suffer a loss under contracts to perform services.
g. The individual has recurring business liabilities or obligations.
h. The success or failure of the individual's business depends on the relationship of business receipts to expenditures.
118,4
Section 4
. 108.02 (12) (b) (intro.) of the statutes is renumbered 108.02 (12) (c) (intro.) and amended to read:
108.02 (12) (c) (intro.) Paragraph (a) shall does not apply to an individual performing services for an employing unit in a capacity as a contract operator with a carrier or as a skidding operator or piece cutter with a forest products manufacturer or a logging contractor if the employing unit satisfies the department as to both the following conditions:
118,5
Section 5
. 108.02 (12) (b) 1. and 2. of the statutes are renumbered 108.02 (12) (c) 1. and 2.
118,6
Section 6
. 108.02 (12) (c) of the statutes is renumbered 108.02 (12) (e).
118,7
Section 7
. 108.02 (12) (e) of the statutes is renumbered 108.02 (12) (d).
118,8
Section 8
. 108.02 (12) (f) of the statutes is amended to read:
108.02 (12) (f) The department shall may promulgate rules to ensure the consistent application of this subsection.
118,9
Section 9
. 108.02 (15m) (intro.) of the statutes is amended to read:
108.02 (15m) Family corporation. (intro.) “Family Except as provided in s. 108.04 (7) (r), “family corporation" means:
118,10
Section 10
. 108.02 (26) (c) 5. of the statutes is amended to read:
108.02 (26) (c) 5. The payment by an employer, without deduction from the remuneration of an employe, of the tax imposed on the employe under 26 USC 3101 with respect to remuneration paid to the employe for domestic service in a private home of the employer or for agricultural labor.
118,11
Section 11
. 108.04 (1) (gm) 1. and 2. of the statutes are repealed.
118,12
Section 12
. 108.04 (1) (gm) 3. to 5. of the statutes are renumbered 108.04 (1) (gm) 1. to 3.
118,13
Section 13
. 108.04 (1) (gm) 4. of the statutes is created to read:
108.04 (1) (gm) 4. Disposition of a total of 75 % or more of the assets of the corporation using one or more of the following methods:
a. Assignment for the benefit of creditors.
b. Surrender to one or more secured creditors or lienholders.
118,14
Section 14
. 108.04 (1) (gm) 6. of the statutes is renumbered 108.04 (1) (gm) 4. c. and amended to read:
108.04 (1) (gm) 4. c. Sale of 75% or more of the assets of the corporation, due to economic inviability, if the sale does not result in ownership or control by substantially the same interests that owned or controlled the family corporation. For purposes of this subdivision, it
It is presumed unless shown to the contrary that a sale, in whole or in part, to a spouse, parent or child of an individual who owned or controlled the family corporation, or to any combination of 2 or more of them, is a sale to substantially the same interests that owned or controlled the family corporation.
118,15
Section 15
. 108.04 (2) (a) 2. of the statutes is amended to read:
108.04 (2) (a) 2. As of that week, the individual has registered for work at a public employment office.
118,16
Section
16. 108.04 (2) (e) of the statutes is amended to read:
108.04 (2) (e) Each claimant shall furnish to the department his or her social security number. A social security card or other document on which the number is shown that is accepted by the department may be used as evidence of the social security number. If a claimant fails, without good cause, to provide a his or her social security number, the claimant is not eligible to receive benefits for the week in which the failure occurs or any subsequent week until the week in which he or she provides the social security number. If the claimant has good cause, he or she is eligible to receive benefits as of the week in which the claimant first files a claim for benefits or first requests the department to reactivate an existing benefit claim.
118,17
Section 17
. 108.04 (7) (r) of the statutes is amended to read:
108.04 (7) (r) Paragraph (a) does not apply if the department determines that the employe has owns or controls, directly or indirectly, an ownership interest specified in sub. (1) (g) 2. or 3., however designated or evidenced, in a family corporation and the employe's employment was terminated by the employer because of an involuntary cessation of the business of the corporation under one or more of the conditions specified in sub. (1) (gm). In this paragraph, “family corporation" has the meaning given in s. 108.02 (15m) and also includes a corporation in which 50% or more of the ownership interest is or was owned or controlled, directly or indirectly, by one or more brothers or sisters of a claimant, or by a combination of one or more brothers or sisters and one or more of the persons specified in s. 108.02 (15m) (a).
118,18
Section 18
. 108.04 (8) (g) of the statutes is repealed.
118,19
Section 19
. 108.04 (11) (b) 1. of the statutes is amended to read:
108.04 (11) (b) 1. Not less than 25% of nor more than 4 times the claimant's benefit rate under s. 108.05 (1) for the week for which the claim is made for any single act of concealment which results in no overpayment or in an overpayment of less than 50% of that benefit rate; or
118,20
Section 20
. 108.04 (17) (c) (intro.), (f) and (i) of the statutes are amended to read:
108.04 (17) (c) (intro.) A school year employe of an educational service agency who performs services in an instructional, research or principal administrative capacity, and who provides such services in an educational institution or to or on behalf of an educational institution, is ineligible for benefits based on such services for any week of unemployment which occurs:
(f) A school year employe of an educational service agency who performs services other than in an instructional, research or principal administrative capacity, and who provides such services in an educational institution or to or on behalf of an educational institution, is ineligible for benefits based on such services for any week of unemployment which occurs during a period between 2 successive academic years or terms if the school year employe performed such services for an educational service agency in the first such year or term and there is reasonable assurance that he or she will perform such services for an educational service agency in the 2nd such year or term.
(i) A school year employe of an educational service agency who performs the services described in par. (c) or (f), and who provides such services in an educational institution or to or on behalf of an educational institution, is ineligible for benefits based on such services for any week of unemployment which occurs during an established and customary vacation period or holiday recess if the school year employe performed such services for an educational service agency in the period immediately before the vacation period or holiday recess, and there is reasonable assurance that the school year employe will perform the services described in par. (c) or (f) for an educational service agency in the period immediately following the vacation period or holiday recess.
118,21
Section 21
. 108.05 (1) (d) and (e) of the statutes are repealed.
118,22
Section 22
. 108.05 (1) (f) (intro.) of the statutes is amended to read:
108.05 (1) (f) (intro.) Each eligible employe shall be paid benefits for each week of total unemployment which commences on or after January 1, 1995, and before January 7, 1996, at the weekly benefit rate specified in this paragraph. Unless sub. (1m) applies, the weekly benefit rate shall equal 4% of the employe's base period wages which were paid during that quarter of the employe's base period in which the employe was paid the highest total wages, rounded down to the nearest whole dollar, except that if that amount is less than the minimum amount shown in the following schedule, no benefits are payable to the employe and if that amount is more than the maximum amount shown in the following schedule, the employe's weekly benefit rate shall be the maximum amount shown in the following schedule and except that if the employe's benefits are exhausted during any week under s. 108.06 (1), the employe shall be paid the remaining amount of benefits payable to the employe in lieu of the amount shown in the following schedule: [See Figure 108.05 (1) (f) following]
118,23
Section 23
. 108.05 (1) (g) and (h) of the statutes are created to read:
108.05 (1) (g) Each eligible employe shall be paid benefits for each week of total unemployment which commences on or after January 7, 1996, and before January 5, 1997, at the weekly benefit rate specified in this paragraph. Unless sub. (1m) applies, the weekly benefit rate shall equal 4% of the employe's base period wages which were paid during that quarter of the employe's base period in which the employe was paid the highest total wages, rounded down to the nearest whole dollar, except that if that amount is less than the minimum amount shown in the following schedule, no benefits are payable to the employe and if that amount is more than the maximum amount shown in the following schedule, the employe's weekly benefit rate shall be the maximum amount shown in the following schedule and except that if the employe's benefits are exhausted during any week under s. 108.06 (1), the employe shall be paid the remaining amount of benefits payable to the employe in lieu of the amount shown in the following schedule: [See Figure 108.05 (1) (g) following]
Figure 108.05 (1) (g):
(h) Each eligible employe shall be paid benefits for each week of total unemployment which commences on or after January 5, 1997, at the weekly benefit rate specified in this paragraph. Unless sub. (1m) applies, the weekly benefit rate shall equal 4% of the employe's base period wages which were paid during that quarter of the employe's base period in which the employe was paid the highest total wages, rounded down to the nearest whole dollar, except that if that amount is less than the minimum amount shown in the following schedule, no benefits are payable to the employe and if that amount is more than the maximum amount shown in the following schedule, the employe's weekly benefit rate shall be the maximum amount shown in the following schedule and except that if the employe's benefits are exhausted during any week under s. 108.06 (1), the employe shall be paid the remaining amount of benefits payable to the employe in lieu of the amount shown in the following schedule: [See Figure 108.05 (1) (h) following]
Figure 108.05 (1) (h):
118,24
Section 24
. 108.05 (7) (f) 2. of the statutes is amended to read:
108.05 (7) (f) 2. If the pension payment is received under another retirement system, the claimant has base period wages from the employer from which the pension payment is received, the claimant has performed work for that employer since the start of the claimant's base period, and that work or remuneration for that work affirmatively affected the claimant's eligibility for or increased the amount of the pension payment, the department shall reduce the weekly benefits payable for a week of partial or total unemployment by 50% of the weekly pension amount, or by the percentage of the employer's contribution if acceptable evidence of a contribution by the employer other than 50% is furnished to the department.
118,25
Section 25
. 108.05 (9) of the statutes is amended to read:
108.05 (9) Rounding of benefit amounts. Notwithstanding sub. (1), benefits payable for a week of unemployment as a result of applying sub. (1m), (3) or (7) or s. 108.04 (11) or (12), 108.06 (1) or, 108.13 (4) or (5) or 108.135 shall be rounded down to the next lowest dollar.
118,26
Section 26
. 108.05 (10) of the statutes is created to read:
108.05 (10) Deductions from benefit payments. After calculating the benefit payment due to be paid for a week under subs. (1) to (7), the department shall make deductions from that payment to the extent that the payment is sufficient to make the following payments in the following order:
(a) First, to recover forfeitures assessed under s. 108.04 (11).
(b) Second, to recover overpayments under s. 108.22 (8) (b).
(c) Third, to pay child support obligations under s. 108.13 (4).
(d) Fourth, to withhold federal income taxes under s. 108.135.
(e) Fifth, to withhold state income taxes under s. 108.135.
(f) Sixth, to deduct amounts for any purpose authorized under s. 108.13 (5).
118,27
Section 27
. 108.06 (2) (a) (intro.) of the statutes is amended to read:
108.06 (2) (a) (intro.) A claimant may establish a benefit year by written request to the department, filed in the manner that prescribed by the department prescribes by rule, whenever the claimant qualifies to start a benefit year under s. 108.04 (4) (a) and:
118,28
Section 28
. 108.07 (3) of the statutes is amended to read:
108.07 (3) Except as provided in sub. (7), if a claimant earns wages during his or her benefit year for work performed for an employer from which the claimant has base period wages, if a claimant receives sick pay, holiday pay, vacation pay or termination pay that is treated as wages under s. 108.05, if any amount that the claimant would have earned from that employer is treated as wages under s. 108.05 (3) (a) or if any combination of wages and such pay or amount is received or treated as received during the claimant's benefit year from such an employer, the department shall charge benefits otherwise chargeable to the account of that employer to the fund's balancing account for each week in which the claimant earns, receives or is treated as receiving such remuneration equal to at least 3.8% 6.4% of the wages paid by that employer to the claimant during the 2 quarters in the claimant's base period in which the highest wages were paid by that employer to the claimant same quarter of the prior calendar year as the quarter which includes that week.
118,29
Section 29
. 108.07 (3m) of the statutes is amended to read:
108.07 (3m) If a claimant has base period wages with an employer constituting less than 5% of the claimant's total base period wages, the department shall not charge the benefits to the account of that employer. If benefits are otherwise chargeable to the account of any employer whose share of a claimant's total base period wages is less than 5%, the department shall charge the benefits to the remaining employers with which the claimant has base period wages. The department shall distribute such charges in the same proportion that the claimant's base period wages from such employers bear to the claimant's total base period wages from all such employers. This subsection does not apply to claims for benefits based in whole or in part on employment for the federal government under 5 USC 8501 to 8509, employment with the armed forces under 5 USC 8521 (a) (1) as federal civilian employes or former military personnel under 5 USC ch. 85, or work covered by the unemployment compensation laws of 2 or more jurisdictions under s. 108.14 (8n).
118,30
Section 30
. 108.07 (3r) of the statutes is created to read:
108.07 (3r) Except as otherwise provided in sub. (7), if a claimant has been paid or is treated as having been paid base period wages with respect to work performed for an employer that is subject to the contribution requirements of ss. 108.17 and 108.18 and whose account has been charged for benefits paid to that claimant for an immediately preceding benefit year, the department shall not charge the benefits payable in the subsequent benefit year to the account of that employer if the claimant has not had employment with that employer since the start of the immediately preceding benefit year. The department shall charge benefits otherwise chargeable to the account of that employer to the fund's balancing account.
118,31
Section 31
. 108.07 (5) (c) of the statutes is amended to read:
108.07 (5) (c) If 2 or more employers from which the claimant has base period wages are not subject to the contribution requirements of ss. 108.17 and 108.18, and one or more employers from which the claimant has base period wages are subject to the contribution requirements of ss. 108.17 and 108.18, that percentage of the employe's base period wages benefits which would otherwise be chargeable to the fund's balancing account under sub. (3) or s. 108.04 (1) (f) or (5), or under s. 108.16 (6m) (e) for benefits specified in s. 108.16 (3) (b), shall be charged to the administrative account and paid from the appropriation under s. 20.445 (1) (gd).
118,32
Section 32
. 108.07 (8) of the statutes is created to read:
108.07 (8) (a) In this subsection, “prisoner" has the meaning given in s. 301.01 (2).
(b) If a claimant is a prisoner of a state prison, as defined in s. 302.01, and has employment with an employer other than the department of corrections or a private business leasing space within a state prison under s. 303.01 (2) (em), and the claimant's employment terminates because conditions of incarceration or supervision make it impossible to continue the employment, the department shall charge to the fund's balancing account any benefits based on the terminated employment that are otherwise chargeable to the account of an employer that is subject to the contribution requirements under ss. 108.17 and 108.18.
118,33
Section 33
. 108.09 (2) (bm) of the statutes is created to read:
108.09 (2) (bm) In determining whether an individual meets the conditions specified in s. 108.02 (12) (b) 2. a. or b., the department shall not consider documents granting operating authority or licenses, or any state or federal laws or federal regulations granting such authority or licenses.
118,34
Section 34
. 108.09 (4) (a) (title) of the statutes is created to read:
108.09 (4) (a) (title) Opportunity to be heard.
118,35
Section 35
. 108.09 (4) (b) (title) of the statutes is created to read:
108.09 (4) (b) (title) Scheduling of hearing.
118,36
Section 36
. 108.09 (4) (c) to (e) of the statutes are repealed and recreated to read:
108.09 (4) (c) Late appeal. If a party files an appeal which is not timely, the department may schedule a hearing concerning the issue of whether the party's failure to timely file the appeal was for a reason beyond the party's control. The department may also provisionally schedule a hearing concerning any matter in the determination. If, after hearing testimony, the appeal tribunal finds that the party's failure to timely file the appeal was not for a reason beyond the party's control, the appeal tribunal shall issue a decision containing this finding and dismissing the appeal. If, after hearing testimony, the appeal tribunal finds that the party's failure to timely file an appeal was for a reason beyond the party's control, the appeal tribunal shall issue a decision containing this finding. The same or another appeal tribunal established by the department for this purpose shall then issue a decision under sub. (3) (b) after conducting a hearing concerning any matter in the determination.
(d) Appellant's failure to appear. 1. If the appellant fails to appear at a hearing held under this section and due notice of the hearing was mailed to the appellant's last-known address, the appeal tribunal shall issue a decision dismissing the request for hearing unless subd. 2. applies.
