(i) Whenever at the time of the final determination upon such hearing it shall be found that further time is reasonably necessary for compliance with the order of the department, the department shall grant such time as may be reasonably necessary for such compliance.
(7) (a) Any person affected by any local order in conflict with an order of the department, may in the manner provided in sub. (6) (e) to (i), petition the department for a hearing on the ground that such local order is unreasonable and in conflict with the order of the department. The petition for such hearing shall conform to the requirements set forth for a petition in sub. (6) (e) to (i).
(b) Upon receipt of a petition under par. (a) the department shall order a hearing to consider and determine the issues raised by the petition. The hearing shall be held in the village, city or municipality where the local order appealed from was made. Notice of the time and place of such hearing shall be given to the petitioner and such other persons as the department may find directly interested in such decision, including the clerk of the municipality or town from which such appeal comes. If upon such investigation it shall be found that the local order appealed from is unreasonable and in conflict with the order of the department, the department may modify its order and shall substitute for the local order appealed from such order as shall be reasonable and legal in the premises, and thereafter the local order shall, in such particulars, be void and of no effect.
(8) (a) No action, proceeding or suit to set aside, vacate or amend any order of the department or to enjoin the enforcement of an order of the department shall be brought unless the plaintiff has applied to the department for a hearing on the order at the time and as provided in sub. (6) (e) to (i), and has, in the petition for the hearing under sub. (6), raised every issue raised in the action, proceeding or suit to set aside, vacate, amend or enjoin the enforcement of the order of the department.
(b) In a prosecution for the violation of an order of the department, the order of the department shall be conclusively presumed to be just, reasonable and lawful, unless prior to the beginning of the prosecution for the violation a proceeding for judicial review of such order has been instituted as provided in ch. 227.
(9) A substantial compliance with the requirements of chs. 103 to 106 shall be sufficient to give effect to an order of the department, and no order may be declared inoperative, illegal or void for any omission of a technical nature.
(10) Orders of the department under chs. 103 to 106 shall be subject to review in the manner provided in ch. 227.
(11) Every day during which any person or corporation, or any officer, agent or employe of a person or corporation, fails to observe and comply with any order of the department or fails to perform any duty required under chs. 103 to 106, shall constitute a separate and distinct violation of the order or of the requirement under chs. 103 to 106, whichever is applicable.
(12) (a) If any employer, employe, owner, or other person violates chs. 103 to 106, or fails or refuses to perform any duty required under chs. 103 to 106, within the time prescribed by the department, for which no penalty has been specifically provided, or fails, neglects or refuses to obey any lawful order given or made by the department or any judgment or decree made by any court in connection with chs. 103 to 106, for each such violation, failure or refusal, the employer, employe, owner or other person shall forfeit not less than $10 nor more than $100 for each offense.
(b) It shall be the duty of all officers of the state, the counties and municipalities, upon request of the department, to enforce in their respective departments or jurisdictions all lawful orders of the department to the extent that the orders are applicable and consistent with the general duties of such officers.
(13) (a) The secretary or any examiner appointed by the secretary may hold hearings and take testimony.
(b) Each witness who appears before the department by its order shall receive for attendance the fees and mileage provided for witnesses in civil cases in courts of record, which shall be audited and paid by the state in the same manner as other expenses are audited and paid, upon the presentation of properly verified vouchers approved by the secretary, and charged to the proper appropriation for the department. No witness subpoenaed at the instance of an attorney under par. (cm) or at the instance of a party other than the department is entitled to compensation from the state for attendance or travel unless the department certifies that the testimony was material to the matter investigated.
(c) The department or any party may in any investigation cause the depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for similar depositions in civil actions in circuit courts. The expense incurred by the state in the taking of such depositions shall be charged against the proper appropriations for the department.
(cm) A party's attorney of record may issue a subpoena to compel the attendance of a witness or the production of evidence. A subpoena issued by an attorney must be in substantially the same form as provided in s. 805.07 (4) and must be served in the manner provided in s. 805.07 (5). The attorney shall, at the time of issuance, send a copy of the subpoena to the appeal tribunal or other representative of the department responsible for conducting the proceeding.
(d) A full and complete record shall be kept of all proceedings had before the department on any investigation and all testimony shall be taken down by the stenographer appointed by the department.
(14) (a) The department shall administer and enforce, so far as not otherwise provided for in the statutes, the laws relating to child labor, employment, employment offices and all other laws relating to the regulation of employment.
(b) The department shall investigate, ascertain and determine such reasonable classifications of persons and employments as shall be necessary to carry out the purposes of chs. 103 to 106.
(c) Any commissioner, the secretary or any deputy of the department may enter any place of employment or public building for the purpose of collecting facts and statistics and bringing to the attention of every employer or owner any law relating to the regulation of employment or any order of the department and any failure on the part of such employer or owner to comply with that law or order. No employer or owner may refuse to admit any commissioner, the secretary or any deputy of the department to his or her place of employment or public building.
(d) Every employer and every owner shall furnish to the department all information required by the department to administer and enforce chs. 103 to 106, and shall provide specific answers to all questions that the department asks relating to any information the department requires.
(e) Any employer receiving from the department any form requesting information that the department requires to administer and enforce chs. 103 to 106, along with directions to complete the form, shall properly complete the form and answer fully and correctly each question asked in the form. If the employer is unable to answer any question, the employer shall give a good and sufficient reason for his or her inability to answer the question. The employer's answers shall be verified under oath by the employer, or by the president, secretary or other managing officer of the corporation, if the employer is a corporation, and the completed form shall be returned to the department at its office within the period fixed by the department.
(15) The department may establish a schedule of fees for publications and seminars provided by the department for which no fee is otherwise authorized, required or prohibited by statute. Fees established under this subsection for publications and seminars provided by the department may not exceed the actual cost incurred in providing those publications and seminars. If the department receives unanticipated proceeds from a statewide labor and management conference provided by the department that exceed the actual cost of the conference, the department may use those unanticipated proceeds to provide grants for local labor and management conferences, educational activities and other activities to promote positive relations between labor and management.
(16) Each of the commissioners, the secretary or any deputy secretary may certify to official acts, and take testimony.
27,3748
Section 3748
. 103.02 of the statutes is amended to read:
103.02 Hours of labor. No person may be employed or be permitted to work in any place of employment or at any employment for such period of time during any day, night or week, as is dangerous or prejudicial to the person's life, health, safety or welfare. The department shall investigate, ascertain, determine and fix such reasonable classification, and promulgate rules fixing a period of time, or hours of beginning and ending work during any day, night or week, which shall be necessary to protect the life, health, safety or welfare of any person, or to carry out the purposes of ss. 103.01 to 103.03. The department shall, by rule, classify such periods of time into periods to be paid for at regular rates and periods to be paid for at the rate of at least one and one-half times the regular rates. Such investigations, classifications and orders shall be made pursuant to the proceeding in ss. 101.01 to 101.25 which are hereby made a part hereof, so far as not inconsistent with ss. 103.01 to 103.03, and every order of the department shall have the same force and effect as the orders issued under ss. 101.01 to 101.25 as provided in s. 103.005 and the penalties therein under s. 103.005 (12) shall apply to and be imposed for any violation of ss. 103.01 to 103.03. Such orders shall be subject to review in the manner provided in ch. 227. Section 111.322 (2m) applies to discharge or other discriminatory acts arising in connection with any proceeding under this section.
27,3749
Section 3749
. 103.13 (1) (intro.) and (a) of the statutes are consolidated, renumbered 103.13 (1) and amended to read:
103.13 (1) Definitions Definition. In this section
: (a) “Employe" has the meaning specified in s. 101.01 (2) (a) and also, “employe" includes former employes.
27,3750
Section 3750
. 103.13 (1) (b) of the statutes is repealed.
27,3751
Section 3751
. 103.14 (1) of the statutes is repealed.
27,3752
Section 3752
. 103.14 (2) of the statutes is renumbered 103.14.
27,3753
Section 3753
. 103.25 (2) of the statutes is amended to read:
103.25 (2) If upon investigation, the department determines that there are practical difficulties or unnecessary hardships in carrying out sub. (1), the department may by general or special order make reasonable exceptions or modifications with due regard for the life, health, safety and welfare of minors employed in street trades. The investigation and orders shall be made pursuant to ss. 101.01 to 101.25, and have the same force and effect as orders issued pursuant to those sections as provided under s. 103.005. These orders are subject to review as provided in ch. 227.
27,3753m
Section 3753m. 103.49 (2) of the statutes is amended to read:
103.49 (2) Any contract hereafter made for the erection, construction, remodeling or repairing of any public building or for any other project of public works, except contracts for the construction or maintenance of public highways and bridges, to which the state, any department thereof or, any public building corporation or the University of Wisconsin Hospitals and Clinics Authority is a party shall contain a stipulation that no laborer, workman or mechanic employed directly upon the site of the work by the contractor or by any subcontractor, agent or other person, doing or contracting to do all or a part of the work, shall be permitted to work a greater number of hours per day or per calendar week than the prevailing hours of labor determined pursuant to this section, except that any such laborer, workman or mechanic may be permitted or required to work more than such prevailing number of hours per day and per calendar week if he is paid for all hours in excess of the prevailing hours at a rate of at least 1-1/2 times his hourly basic rate of pay; nor shall he be paid less than the prevailing wage rate in the same or most similar trade or occupation in the area wherein such public building or project of public works is situated; nor shall this section apply to wage rates and hours of employment of laborers, workmen or mechanics engaged in the processing or manufacture of materials or products or to the delivery thereof by or for commercial establishments which have a fixed place of business from which they regularly supply such processed or manufactured materials or products; except that this section shall apply to laborers, workmen or mechanics who deliver mineral aggregate such as sand, gravel or stone which is incorporated into the work under the contract by depositing the material substantially in place, directly or through spreaders, from the transporting vehicle. The prevailing wage rates, prevailing hours of labor, and hourly basic rates of pay determined pursuant to this section shall be set forth specifically in the contract.
27,3753p
Section 3753p. 103.49 (4) of the statutes is amended to read:
103.49 (4) Any officer or employe of the state
or of the University of Wisconsin Hospitals and Clinics Authority who publishes any specifications or executes any contract for the erection, construction, remodeling or repairing of any public building or of any other project of public works as defined in sub. (2), to which the state, any department thereof or, any public building corporation or the University of Wisconsin Hospitals and Clinics Authority is a party without complying with this section and any contractor, subcontractor or agent thereof who, after executing a contract in compliance with this section, pays to any laborer, workman or mechanic employed directly upon the site of the work in his or their employ a lesser wage for work done under such contract than the prevailing wage rate as set forth in the contract shall be fined not more than $200, or imprisoned for not more than 6 months, or both. Such agent or subcontractor shall furnish to the contractor evidence of compliance with this section. Each day any violation of this subsection continues shall be deemed a separate offense.
27,3753r
Section 3753r. 103.49 (7) (a) of the statutes is amended to read:
103.49 (7) (a) Except as provided under pars. (b) and (c), the department shall distribute to all state agencies, as defined in s. 20.001 (1), and to the University of Wisconsin Hospitals and Clinics Authority a list of persons whom the department has found to have failed to pay the prevailing wage rate determined under sub. (1) or to have paid less than 1.5 times the hourly basic rate of pay for hours worked on a project in excess of the prevailing hours determined under sub. (1) at any time in the preceding 3 years. The department shall include with any such name the address of such person and shall specify when and how such person has failed to pay the prevailing wage rate determined under this subsection and when and how such person has failed to pay less than 1.5 times the hourly basic rate of pay for hours worked on a project in excess of the prevailing hours of labor determined under this subsection. No state agency may A state agency or the University of Wisconsin Hospitals and Clinics Authority may not award any contract to such person unless otherwise recommended by the department or unless 3 years have elapsed from the date the department issued its findings or date of final determination by a court of competent jurisdiction, whichever is later.
27,3754
Section 3754
. 103.545 (6) of the statutes is amended to read:
103.545 (6) Upon complaint of an affected employer, labor organization or employe, the department may investigate violations and issue orders to enforce this section. The investigations and orders shall be made under ss. 101.01 to 101.25. Every order issued under this subsection has the same force and effect as orders issued under ss. 101.01 to 101.25, except as otherwise provided in this section as provided under s. 103.005. Orders are subject to review as provided in ch. 227. The department of justice may, upon request of the commission, prosecute violations of this section in any court of competent jurisdiction.
27,3755
Section 3755
. 103.64 (1) of the statutes is repealed.
27,3756
Section 3756
. 103.66 (title) of the statutes is amended to read:
103.66 (title) Powers and duties of the department relating to employment of minors.
27,3756m
Section 3756m. 103.66 (1) of the statutes is amended to read:
103.66 (1) The department may investigate, determine and fix reasonable classifications of employments, places of employment and minimum ages for hazardous employment for minors, and may issue general or special orders prohibiting the employment of minors in employments or places of employment prejudicial to the life, health, safety or welfare of minors, and may carry out the purposes of ss. 103.64 to 103.82. In fixing minimum ages for hazardous employment for minors under this subsection, the department shall permit the employment of a minor 14 years of age or over as a laboratory assistant for a nonprofit, community-based organization that provides educational opportunities in medically related fields if the minor is under the direct supervision of a mentor and the laboratory at which the minor is employed complies with 10 CFR 20.1207 and 29 CFR 1910.1030.
27,3757
Section 3757
. 103.66 (3) of the statutes is amended to read:
103.66 (3) The investigations, classifications and orders provided for in subs. (1) and (2) shall be made pursuant to the procedure specified in ss. 101.01 to 101.25. Every order of the department has the same force and effect as the orders issued pursuant to ss. 101.01 to 101.25 as provided under s. 103.005. These orders are subject to review as provided in ch. 227.
27,3758
Section 3758
. 103.70 (1) of the statutes is amended to read:
103.70 (1) Except as otherwise provided in sub. (2) and in ss. 103.21 to 103.31 and 103.78, and as may be provided under s. 103.79, a minor, unless indentured as an apprentice in accordance with s. 106.01, or unless 12 years and over and engaged in agricultural pursuits, or unless 14 years and over and enrolled in a youth apprenticeship program under s. 101.265 106.13, shall not be employed or permitted to work at any gainful occupation or employment unless there is first obtained from the department or a permit officer a written permit authorizing the employment of the minor within those periods of time stated in the permit, which shall not exceed the maximum hours prescribed by law.
27,3759
Section 3759
. 103.79 (2) of the statutes is amended to read:
103.79 (2) The department may investigate and fix by general or special order reasonable regulations relative to the employment of minors as caddies on golf courses. The regulations may include a waiver or modification of permit requirements for caddies. The investigations and orders shall be made pursuant to ss. 101.01 to 101.25, and every such order has the same force and effect as orders issued pursuant to ss. 101.01 to 101.25 as provided under s. 103.005. The orders are subject to review as provided in ch. 227.
27,3760
Section 3760
. 103.85 (4) of the statutes is amended to read:
103.85 (4) If upon investigation, the department shall ascertain and determine that there be practical difficulties or unnecessary hardships in carrying out the provisions of this section, or upon a joint request of labor and management, the department may by general or special order make reasonable exceptions therefrom or modifications thereof provided that the life, health, safety and welfare of employes shall not be sacrificed or endangered thereby. Such investigation and orders shall be made pursuant to the proceedings in ss. 101.01 to 101.25; and every order of the department under this section shall have the same effect as orders issued pursuant to said sections as provided under s. 103.005. Such orders shall be subject to review under ch. 227.
27,3761
Section 3761
. 103.85 (5) of the statutes is amended to read:
103.85 (5) Every employer who violates this section shall be punished as provided in s. 101.02 (13)
103.005 (11) and (12).
27,3762
Section 3762
. 103.90 (6) of the statutes is repealed.
27,3763
Section 3763
. 103.91 (3) of the statutes is amended to read:
103.91 (3) Annual fees. Each certificate shall be renewed annually. The fee for the certificate or renewal shall be in an amount determined by the department, but not to exceed $25.
27,3764
Section 3764
. 103.92 (1) of the statutes is amended to read:
103.92 (1) Application; fee. Every person maintaining a migrant labor camp shall, annually by April 1 or 30 days prior to the opening of a new camp, make application to the department to operate a camp. Each application shall be accompanied by a nonreturnable an application fee in an amount determined by the department, but not to exceed $25.
27,3765m
Section 3765m. 104.04 of the statutes is amended to read:
104.04 Classifications; department's authority. The department shall investigate, ascertain, determine and fix such reasonable classifications, and shall impose general or special orders, determining the living-wage, and shall carry out the purposes of ss. 104.01 to 104.12. Such investigations, classifications and orders shall be made pursuant to the proceeding in ss. 101.01 to 101.25, which are hereby made a part hereof, so far as not inconsistent with ss. 104.01 to 104.12; and every order of the department shall have the same force and effect as the orders issued pursuant to said ss. 101.01 to 101.25, and the penalties therein shall apply to and be imposed for any violation of ss. 104.01 to 104.12. In determining the living-wage, the department may consider the effect that an increase in the living-wage might have on the economy of the state, including the effect of a living-wage increase on job creation, retention and expansion, on the availability of entry-level jobs and on regional economic conditions within the state. The department may not establish a different minimum wage for men and women. Said orders shall be subject to review in the manner provided in ch. 227.
27,3765p
Section 3765p. 104.04 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:
104.04 Classifications; department's authority. The department shall investigate, ascertain, determine and fix such reasonable classifications, and shall impose general or special orders, determining the living-wage, and shall carry out the purposes of ss. 104.01 to 104.12. Such investigations, classifications and orders shall be made pursuant to the proceeding in ss. 101.01 to 101.25, which are hereby made a part hereof, so far as not inconsistent with ss. 104.01 to 104.12; and every order of the department shall have the same force and effect as the orders issued pursuant to said ss. 101.01 to 101.25 as provided under s. 103.005, and the penalties therein specified in s. 103.005 (12) shall apply to and be imposed for any violation of ss. 104.01 to 104.12. In determining the living-wage, the department may consider the effect that an increase in the living-wage might have on the economy of the state, including the effect of a living-wage increase on job creation, retention and expansion, on the availability of entry-level jobs and on regional economic conditions within the state. The department may not establish a different minimum wage for men and women. Said orders shall be subject to review in the manner provided in ch. 227.
27,3766
Section 3766
. 105.15 of the statutes is amended to read:
105.15 General powers of department applicable; penalties. Such investigations, classifications and orders shall be made pursuant to the proceeding in ss. 101.01 to 101.25, which are hereby made a part hereof, so far as not inconsistent with this chapter, and every order of the department shall have the same force and effect as the orders issued pursuant to said ss. 101.01 to 101.25 as provided in s. 103.005 and the penalties therein specified in s. 103.005 (12) shall apply to and be imposed for any violation of ss. 105.01 to 105.11 or 105.13 to 105.15. The department may also order a person who operates an employment agency in violation of s. 105.05 (1) to make refunds as provided under s. 105.16 (2). Orders issued under this section are subject to review in the manner provided in ch. 227.
27,3767
Section 3767
. Chapter 106 (title) of the statutes is amended to read:
CHAPTER 106
MASTER AND APPRENTICE and
employment programs
27,3768
Section 3768
. Subchapter I (title) of chapter 106 [precedes 106.01] of the statutes is created to read:
Chapter 106
Subchapter I
Apprentice programs
27,3769
Section 3769
. 106.01 (9) of the statutes is amended to read:
106.01 (9) It shall be the duty of the department, and it shall have power, jurisdiction and authority, to investigate, ascertain, determine and fix such reasonable classifications and to issue rules and regulations, and general or special orders and to hold hearings and make findings and render orders thereon as shall be necessary to carry out the intent and purposes of s. 106.01. Such hearings, investigations, classifications, findings and orders shall be made pursuant to the proceeding in ss. 101.01 to 101.25, which are hereby made a part hereof, so far as not inconsistent with s. 106.01; and every order of the department shall have the same force and effect as the orders issued pursuant to said ss. 101.01 to 101.25 as provided in s. 103.005 and the penalties therein specified in s. 103.005 (12) shall apply to and be imposed for any violations of s. 106.01, excepting as to the penalties provided in s. 106.01 (8). Said orders shall be subject to review in the manner provided in ch. 227.
27,3770
Section 3770
. Subchapter II (title) of chapter 106 [precedes 106.04] of the statutes is created to read:
Chapter 106
Subchapter II
Employment programs
27,3770m
Section 3770m. 106.14 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:
106.14 (1) The department shall may award grants to nonprofit corporations and public agencies for the provision of career counseling centers throughout the state.
27,3770p
Section 3770p. 106.14 (4) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:
106.14 (4) Amounts awarded under sub. (3) shall be paid from the appropriation under s. 20.445 (1) (ep), may be paid in instalments and shall range from 25% to 75% of the total cost of operating the career counseling center, except that after 3 years of receiving grant funds under this section a grant recipient may receive no more than 50% of the total cost of operating the career counseling center. The department shall require the grant recipient to provide the remaining percentage share of the total project cost.
27,3776
Section 3776
. 107.30 (4) of the statutes is amended to read:
107.30 (4) “Department" means the department of industry, labor and human relations development.
27,3777
Section 3777
. 108.02 (13) (k) of the statutes is amended to read:
108.02 (13) (k) “Employer" does not include a county department or aging unit that serves as a fiscal agent or contracts with a fiscal intermediary to serve as a fiscal agent under s. 46.27 (5) (i) or 47.035 as to any individual performing services for a person receiving long-term support services under s. 46.27 (5) (b), 46.275, 46.277, 46.278, 49.52, 46.495, 51.42 or 51.437 or personal assistance services under s. 47.02 (4) (c).
27,3778
Section 3778
. 108.105 of the statutes is amended to read:
108.105 Suspension of agents. The department may suspend the privilege of any agent to appear before the department at hearings under this chapter for a specified period if the department finds that the agent has engaged in an act of fraud or misrepresentation or repeatedly failed to comply with departmental rules, or has engaged in the solicitation of a claimant solely for the purpose of appearing at a hearing as the claimant's representative for pay. Prior to imposing a suspension under this section, the secretary of industry, labor and human relations or the secretary's designee shall conduct a hearing concerning the proposed suspension. The hearing shall be conducted under ch. 227 and the decision of the department may be appealed under s. 227.52.
27,3779
Section 3779
. 108.14 (11) of the statutes is amended to read:
108.14 (11) The department may require any employing unit which employs one or more individuals to perform work in this state to make such arrangements as will reasonably assure the department that the employing unit will keep such records, make such reports, and pay such contributions as are required under this chapter. Any employing unit which the department has notified, through notice served on it or sent by registered mail to its last-known address or served by publishing a notice under s. 180.1510 (4) (b) 1., that it is required to make such arrangements and which fails to do so within 20 days after such notification may, through proceedings instituted by the department in the circuit court for Dane county, be restrained from doing business in this state until it has made such arrangements.
27,3780
Section 3780
. 108.141 (6) (a) of the statutes is amended to read:
