1997 Wisconsin Act 253

102.11 (2) The average annual earnings when referred to in this chapter shall consist of fifty 50 times the employe's average weekly earnings. Subject to the maximum limitation, average annual earnings shall in no case be taken at less than the actual earnings of the employe in the year immediately preceding the employe's injury in the kind of employment in which the employe worked at the time of injury.

Note: Replaces nonspecific reference with specific reference and word form of numbers with digits for greater readability and conformity with current style.

253,61 Section 61 . 102.49 (3) of the statutes is amended to read:

102.49 (3) Where If the employe leaves a wife or husband spouse wholly dependent and also a child or children by a former marriage or adoption likewise wholly dependent, aggregate benefits shall be the same in amount as if the children child were the children of such child of the surviving spouse, and the entire benefit shall be apportioned to the dependents in such the amounts as that the department shall determine to be just, considering their the ages of the dependents and other facts factors bearing on dependency. The benefit awarded to the surviving spouse shall not exceed four 4 times the average annual earnings of the deceased employe.

Note: Replaces word form of numbers with digits and language for greater conformity with current style.

253,62 Section 62 . 102.51 (2) (b) of the statutes is amended to read:

102.51 (2) (b) Where If for eight 8 years or more prior to the date of injury a deceased employe has been a resident of the United States, it shall be conclusively presumed that no person who has remained a nonresident alien during that period is either totally or partially dependent upon the deceased employe for support.

Note: Replaces word form of numbers with digits for greater conformity with current style.

253,63 Section 63 . 103.16 of the statutes is amended to read:

103.16 (title) Seats for workers employes; penalty. Every person or corporation employer employing workers employes in any manufacturing, mechanical or mercantile establishment in the this state of Wisconsin shall provide suitable seats for the workers so employed its employes, and shall permit the use of such those seats by them its employes when they the employes are not necessarily engaged in the active duties for which they are employed. Any person or corporation employer who violates this section may be fined not less than $10 nor more than $30 for each offense.

Note: Replaces language and nonspecific references with specific references for greater readability and conformity with current style.

253,64 Section 64 . 103.17 of the statutes is amended to read:

103.17 Mutual forfeit. Any person or corporation employer engaged in manufacturing, which that requires from its employes, under penalty of forfeiture of a part of the wages earned by them, those employes, to provide a notice of intention to leave such the employer's employ, shall be liable to for the payment of a like forfeiture if the person or corporation employer discharges, without similar notice, a person in such employ except an employe, other than for incapacity or misconduct, unless except in case of a general suspension of labor in the person's or corporation's employer's shop or factory or in the department thereof wherein such of the employer's shop or factory in which the employe is engaged employed.

Note: Deletes redundant phrases and replaces language and nonspecific references with specific references for greater readability and conformity with current style.

253,65 Section 65 . 103.19 of the statutes is amended to read:

103.19 Children in shows. No license shall may be granted for a theatrical exhibition or public show in which children under fifteen 15 years of age are employed as acrobats, as contortionists or in any feats of gymnastics or equestrianism, when if, in the opinion of the board of officers authorized to grant licenses such , those children are employed in such a manner as to that may corrupt their morals or impair their physical health.

Note: Replaces language and word form of number with digits for greater readability and conformity with current style.

253,66 Section 66 . 103.37 (1) of the statutes is renumbered 103.37 (2m) and amended to read:

103.37 (2m) It shall be unlawful for any No employer, as defined in sub. (3) to may require any employe or applicant for employment to pay the cost of a medical examination required by the employer as a condition of employment.

Note: Replaces language, deletes redundant phrase and reorganizes provision for greater readability and conformity with current style. See also the Notes following the next 3 Sections.

253,67 Section 67 . 103.37 (1m) (intro.) of the statutes is created to read:

103.37 (1m) (intro.) In this section:

Note: Creates definitions provision at beginning of section for greater readability and conformity with current style.

253,68 Section 68 . 103.37 (2) of the statutes is renumbered 103.37 (1m) (a) and amended to read:

103.37 (1m) (a) The term “employe" shall mean and include every “Employe" means a person who may be permitted, required or directed by any an employer, as defined in sub. (3) in consideration of direct or indirect gain or profit, to engage in any employment.

Note: Deletes redundant language and places definition in definitions provision at the beginning of the section for greater readability and conformity with current style.

253,69 Section 69 . 103.37 (3) of the statutes is renumbered 103.37 (1m) (b) and amended to read:

103.37 (1m) (b) “Employer", as used in this section means an individual, a partnership, an association, a corporation, a limited liability company, a legal representative, trustee, receiver, trustee in bankruptcy, and or any common carrier by rail, motor, water or air doing business in or operating within the state.

Note: Deletes redundant language and places definition in definitions provision at the beginning of the section for greater readability and conformity with current style.

253,70 Section 70 . 103.38 (title) of the statutes is amended to read:

103.38 (title) Eight hours a day's Eight-hour work, when day; applicability.

253,71 Section 71 . 103.38 of the statutes is renumbered 103.38 (1) and amended to read:

103.38 (1) In Subject to sub. (2), in all engagements to labor in any manufacturing or mechanical business, where if there is no express contract to the contrary, a day's work shall consist of eight 8 hours and all engagements or contracts for labor in such cases a manufacturing or mechanical business shall be so construed; but this shall.

(2) Subsection (1) does not apply to any contract for labor by the week, month or year.

Note: Subdivides provision and replaces nonspecific references with specific references and word form of numbers with digits for greater readability and conformity with current style. Modernizes title.

253,72 Section 72 . 103.43 (1) of the statutes is renumbered 103.41 (1) (a) (intro.) amended to read:

103.41 (1) (a) (intro.) It shall be unlawful to No person may influence, induce, persuade or attempt to influence, induce, persuade or engage workmen a worker to change from one place of employment to another in this state or to accept employment in this state or to , and no persons may bring workmen a worker of any class or calling into this state to work in any department of labor in this state, through or by means of any false or deceptive representations, false advertising or false pretenses concerning the or arising from any of the following:

1. The kind and character of the work to be done , or.

2. The amount and character of the compensation to be paid for such work, or the.

3. The sanitary or other conditions of the employment, or.

4. The failure to state in any advertisement, proposal or contract for the employment that there is a strike or lockout at the place of the proposed employment, when in fact such a strike or lockout then actually exists in such the employment at such the proposed place of employment.

(b) Any of such unlawful the acts described in par. (a) shall be deemed considered a false advertisement, or misrepresentation for the purposes of this section.

Note: Replaces language, including language that discriminates on the basis of sex, and nonspecific references with specific references for greater readability and conformity with current style.

253,73 Section 73 . 103.43 (1a) of the statutes is renumbered 103.43 (1m) (intro.) and amended to read:

103.43 (1m) (intro.) A strike or lockout shall be deemed is considered to exist as long as the any of the following conditions exists:

(a) The usual concomitants of a strike or lockout exist; or unemployment.

(b) Unemployment on the part of workers affected continues; or any.

(c) Any payments of strike benefits is are being made; or any.

(d) Any picketing is maintained; or publication.

(e) Publication is being made of the existence of such a strike or lockout.

Note: Renumbers the provision and replaces language for greater readability and conformity with current style.

253,74 Section 74 . 103.43 (2) of the statutes is amended to read:

103.43 (2) Any person who, by himself or herself, or by a servant or agent, or as the servant or agent of any other person, or as an officer, director, servant or agent of any firm, corporation, association or organization of any kind, violates sub. (1) (a) shall upon conviction thereof be punished by a fine of be fined not more than $2,000 or by imprisonment imprisoned in the county jail for not more than one year or by both such fine and imprisonment.

Note: Replaces language and deletes redundant language for greater readability and conformity with current style.

253,75 Section 75 . 103.43 (3) of the statutes is amended to read:

103.43 (3) Any person worker who shall be is influenced, induced or persuaded to engage with any persons mentioned person specified in sub. (1) (a), through or by means of any of the things therein acts prohibited in sub. (1) (a), shall have a right of action for recovery of all damages that the person shall have sustained worker sustains in consequence of the false or deceptive representation, false advertising or false pretenses used to induce the person worker to change his or her place of employment in this state or to accept such employment in this state, against any person or persons, corporations or companies or associations, corporation, company or association, directly or indirectly, causing such the damage; and in. In addition to all such actual damages such workman that the worker may have sustained, sustain, the worker shall be entitled to recover such reasonable attorney fees as determined by the court shall fix, to be taxed as costs in any judgment recovered.

Note: Replaces language and nonspecific references with specific references for greater readability and conformity with current style.

253,76 Section 76 . 103.45 of the statutes is amended to read:

103.45 Time checks; penalty. All persons paying wages in time checks or other paper, other than legal money, shall make such those time checks or that paper payable in some designated place of business in the county in which the work was performed or at the office of the person paying the wages if within this state, or at any bank within this state. Any person failing to comply with this section shall be fined not to exceed $100 nor less than $10 nor more than $100.

Note: Replaces language and nonspecific references with specific references for greater readability and conformity with current style.

253,77 Section 77 . 103.455 of the statutes is amended to read:

103.455 Deductions for faulty workmanship, loss, theft or damage. No employer shall may make any deduction from the wages due or earned by any employe, who is not an independent contractor, for defective or faulty workmanship, lost or stolen property or damage to property, unless the employe authorizes the employer in writing to make such that deduction or unless the employer and a representative designated by the employe shall determine that such the defective or faulty work workmanship, loss or, theft, or damage is due to worker's the employe's negligence, carelessness, or wilful and intentional conduct on the part of such employe, or unless the employe is found guilty or held liable in a court of competent jurisdiction by reason thereof of that negligence, carelessness, or wilful and intentional conduct. If any such deduction is made or credit taken by any employer, that is not in accordance with this section, the employer shall be liable for twice the amount of the deduction or credit taken in a civil action brought by said the employe. Any agreement entered into between an employer and employe that is contrary to this section shall be void and of no force and effect. In case of a disagreement between the 2 parties, the department shall be the 3rd determining party, subject to any appeal to the court. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding to recover a deduction under this section.

Note: Replaces language and nonspecific references with specific references for greater readability and conformity with current style.

253,78 Section 78 . 103.46 (intro.) of the statutes is amended to read:

103.46 Contracts; promises to withdraw from or not to join labor, employers' or cooperative organizations are void. (intro.) Every undertaking or promise hereafter made, whether written or oral, express or implied, constituting or contained in either any of the following is declared to be contrary to public policy and wholly void and shall not afford any basis for the granting of any legal or equitable relief by any court:

Note: Deletes redundant language and reorganizes provision for greater readability and conformity with current style. See also the Notes following the next 2 Sections.

253,79 Section 79 . 103.46 (1) of the statutes is amended to read:

103.46 (1) A contract or agreement of hiring or employment between any employer and any employe or prospective employe, whereby in which either party to such the contract or agreement undertakes or promises not to join, become or remain, a member of any labor organization or of any organization of employers, or in which either party to such the contract or agreement undertakes or promises to withdraw from the employment relation in the event that he or she if the party joins, becomes or remains, a member of any labor organization or of any organization of employers; or.

Note: Replaces language and nonspecific references with specific references for greater readability and conformity with current style.

253,80 Section 80 . 103.46 (2) of the statutes is amended to read:

103.46 (2) In a A contract or agreement for the sale of agricultural, horticultural or dairy products between a producer of such those products and a distributor or purchaser thereof, whereby of those products, in which either party to such the contract or agreement undertakes or promises not to join, become or remain a member of any cooperative association organized under ch. 185 or of any trade association of the producers, distributors or purchasers of such those products , is hereby declared to be contrary to public policy and wholly void and shall not afford any basis for the granting of legal or equitable relief by any court.

Note: Reorganizes provision and replaces language and nonspecific references with specific references for greater readability and conformity with current style.

253,81 Section 81 . 103.465 of the statutes is amended to read:

103.465 Restrictive covenants in employment contracts. A covenant by an assistant, servant or agent not to compete with his or her employer or principal during the term of the employment or agency, or thereafter after the termination of that employment or agency, within a specified territory and during a specified time is lawful and enforceable only if the restrictions imposed are reasonably necessary for the protection of the employer or principal. Any such restrictive covenant, described in this subsection, imposing an unreasonable restraint is illegal, void and unenforceable even as to so much any part of the covenant or performance as that would be a reasonable restraint.

Note: Replaces nonspecific references with specific references for greater readability and conformity with current style.

253,82 Section 82 . 103.51 (intro.) of the statutes is amended to read:

103.51 Public policy as to collective bargaining. (intro.) In the interpretation and application of ss. 103.51 to 103.62 103.505 to 103.61, the public policy of this state is declared as follows:

Note: Reflects renumbering of s. 103.62 for greater readability and conformity with current style.

253,83 Section 83 . 103.52 (1) (intro.) of the statutes is amended to read:

103.52 (1) (intro.) Every undertaking or promise made after July 1, 1931, whether written or oral, express or implied, between any employe or prospective employe and that person's employer, prospective employer or any other individual, firm, company, association or corporation is declared to be against public policy if either party thereto to the undertaking or promise undertakes or promises any of the following:

Note: Replaces nonspecific reference with specific references for greater readability and conformity with current style.

253,84 Section 84 . 103.52 (2) of the statutes is amended to read:

103.52 (2) No undertaking or promise described in sub. (1) shall afford any basis for the granting of legal or equitable relief by any court against a party to such the undertaking or promise, or against any other persons person, who may advise, urge or induce, without fraud, violence, or threat thereof, of fraud or violence either party thereto to to the undertaking or promise to act in disregard of such the undertaking or promise.

Note: Replaces language and nonspecific references with specific references for greater readability and conformity with current style.

253,85 Section 85 . 103.53 (1) of the statutes is amended to read:

103.53 (1) The following acts, whether performed singly or in concert, shall be considered legal:

(a) Ceasing or refusing to perform any work or to remain in any relation of employment regardless of any promise, undertaking, contract or agreement in violation of the public policy declared in s. 103.52;.

(b) Becoming or remaining a member of any labor organization or of any employer organization, regardless of any such undertaking or promise as is described in s. 103.52;.

(c) Paying or giving to, any person any strike or unemployment benefits or insurance or other moneys or things of value;.