SB366,6,1413 108.02 (15s) Full-time work. "Full-time work" means work performed for 32
14or more hours per week.
SB366, s. 5 15Section 5. 108.02 (20m) of the statutes is created to read:
SB366,6,1716 108.02 (20m) Part-time work. "Part-time work" means work performed for
17less than 32 hours per week.
SB366, s. 6 18Section 6. 108.02 (21e) (intro.) of the statutes is amended to read:
SB366,7,219 108.02 (21e) Professional employer organization. (intro.) "Professional
20employer organization" means any person who is currently registered as a
21professional employer organization with the department of regulation and licensing
22in accordance with ch. 461,
who contracts to provide the nontemporary, ongoing
23employee workforce of more than one client under a written leasing contract, the
24majority of whose clients are not under the same ownership, management, or control

1as the person other than through the terms of the contract, and who under contract
2and in fact:
SB366, s. 7 3Section 7. 108.04 (7) (k) of the statutes is amended to read:
SB366,7,84 108.04 (7) (k) Paragraph (a) does not apply to an employee who terminates his
5or her part-time work consisting of not more than 30 hours per week if the employee
6is otherwise eligible to receive benefits because of the loss of the employee's full-time
7employment and the loss of the full-time employment makes it economically
8unfeasible for the employee to continue the part-time work.
SB366, s. 8 9Section 8. 108.04 (7) (o) of the statutes is amended to read:
SB366,7,1410 108.04 (7) (o) Paragraph (a) does not apply to an employee who terminates his
11or her work in one of 2 or more concurrently held positions, at least one of which
12consists of more than 30 hours per week is full-time work, if the employee terminates
13his or her work before receiving notice of termination from a position which consists
14of more than 30 hours per week
is full-time work.
SB366, s. 9 15Section 9. 108.04 (11) (be) (intro.) of the statutes is amended to read:
SB366,7,1816 108.04 (11) (be) (intro.) A claimant shall forfeit benefits and be disqualified
17from receiving benefits
for acts of concealment described in pars. (a) and (b) as
18follows:
SB366, s. 10 19Section 10. 108.05 (3) (b) 1. a., b. and c. of the statutes are amended to read:
SB366,7,2420 108.05 (3) (b) 1. a. The claimant works full time for that employer at least 35
21hours
in that week at the same or a greater rate of pay, excluding bonuses, incentives,
22overtime or any other supplement to the earnings, as the claimant was paid by that
23employer in that quarter of the claimant's base period in which the claimant was paid
24his or her highest wages;
SB366,8,4
1b. The claimant receives from that employer sick pay, holiday pay, vacation pay
2or termination pay which, by itself or in combination with wages earned for work
3performed in that week for that employer, is equivalent to pay for at least 35 hours
4of
full-time work at that same or a greater rate of pay; or
SB366,8,105 c. The amount that the claimant would have earned within that week from that
6employer in available work under s. 108.04 (1) (a) which is treated as wages under
7s. 108.04 (1) (bm), by itself or in combination with the wages earned for work
8performed in that week for that employer and the pay received under subd. 1. b., is
9equivalent to pay for at least 35 hours of full-time work at that same or a greater rate
10of pay.
SB366, s. 11 11Section 11. 108.05 (3) (e) of the statutes is created to read:
SB366,8,1812 108.05 (3) (e) For purposes of this subsection, a bonus or profit-sharing
13payment is considered to be earned in the week in which the bonus or payment is paid
14by the employer. A bonus or profit-sharing payment is considered to be paid on the
15date of the check if payment is made by check, on the date of direct deposit by the
16employer at a financial institution if payment is deposited by the employer to an
17employee's account at a financial institution, or on the date that the bonus or
18payment is received by the employee if any other method of payment is used.
SB366, s. 12 19Section 12. 108.05 (7) (d) 1. (intro.) and a. of the statutes are consolidated,
20renumbered 108.05 (7) (d) 1. and amended to read:
SB366,9,221 108.05 (7) (d) 1. If a pension payment is not paid on a weekly basis, the
22department shall allocate and attribute the payment to specific weeks in accordance
23with subd. 2.
if: a. The the payment is actually or constructively received on a
24periodic basis; or. If a pension payment is actually or constructively received on other

1than a periodic basis, the department shall allocate the payment to the week in which
2it is received.
SB366, s. 13 3Section 13. 108.05 (7) (d) 1. b. of the statutes is renumbered 108.05 (7) (d) 1m.
4and amended to read:
SB366,9,95 108.05 (7) (d) 1m. The For purposes of this paragraph, a payment is actually
6or constructively received on other than a periodic basis and if it has become
7definitely allocated and payable to the claimant by the close of each such a given
8week, and the department has provided due notice to the claimant that the payment
9will be allocated in accordance with subd. 2. b. 1.
SB366, s. 14 10Section 14. 108.05 (7) (d) 2. (intro.) and a. of the statutes are consolidated,
11renumbered 108.05 (7) (d) 2. and amended to read:
SB366,9,1512 108.05 (7) (d) 2. The department shall allocate a pension payment as follows:
13a. If the payment
that is is actually or constructively received on a periodic basis, the
14amount allocated
by allocating to each week is the fraction of the payment
15attributable to that week.
SB366, s. 15 16Section 15. 108.05 (7) (d) 2. b. of the statutes is repealed.
SB366, s. 16 17Section 16. 108.10 (4) of the statutes is amended to read:
SB366,9,2418 108.10 (4) The department or the employing unit may commence action for the
19judicial review of a commission decision under this section, provided the department,
20or the employing unit, after exhausting the remedies provided under this section, has
21commenced such action within 30 days after such decision was mailed to the
22employing unit's last-known address. The scope of judicial review, and the manner
23thereof insofar as applicable, shall be the same as that provided in s. 108.09 (7). In
24an action commenced by an employing unit under this section, the department shall

1be an adverse party under s. 102.23 (1) (a) and shall be named as a party in the
2complaint commencing the action.
SB366, s. 17 3Section 17. 108.16 (6) (L) and (m) of the statutes are created to read:
SB366,10,84 108.16 (6) (L) The amount of any overpayments that are recovered by the
5department by setoff pursuant to s. 71.93 or the amount of any overpayments
6resulting from fraud that are recovered by the department by offset pursuant to
7section 6402 (f) of the federal Internal Revenue Code in effect on June 1, 2009, or a
8similar federal program.
SB366,10,129 (m) Any amounts collected from assessments levied under s. 108.19 (1m)
10exceeding the amounts needed to pay interest due on advances from the federal
11unemployment account under title XII of the Social Security Act (42 USC 1321 to
121324).
SB366, s. 18 13Section 18. 108.16 (6m) (g) of the statutes is created to read:
SB366,10,1614 108.16 (6m) (g) Any payments of fees or expenses assessed by the U.S.
15secretary of the treasury under section 6402 (f) of the federal Internal Revenue Code
16in effect on June 1, 2009, or a similar federal program.
SB366, s. 19 17Section 19. 108.16 (10) of the statutes is amended to read:
SB366,11,218 108.16 (10) All money withdrawn from the fund shall be used solely in the
19payment of benefits, exclusive of expenses of administration, and for refunds of sums
20erroneously paid into the fund, for refund of a positive net balance in an employer's
21reimbursement account under ss. 108.15 (4) and 108.151 (5) on request by the
22employer, and for expenditures made pursuant to s. 108.161 and consistently with
23the federal limitations applicable to s. 108.161, and for payment of fees and expenses
24for collection of overpayments resulting from fraud that are assessed by the U.S.

1secretary of the treasury under section 6402 (f) of the federal Internal Revenue Code
2in effect on June 1, 2009, or a similar federal program
.
SB366, s. 20 3Section 20. 108.18 (7) (d) of the statutes is amended to read:
SB366,11,74 108.18 (7) (d) A payment under this subsection is timely if it is received by the
5department no later than November 30 following the computation date for the
6calendar year to which it applies, or if mailed is either postmarked no later than that
7date or is received by the department no later than 3 days after that date
.
SB366, s. 21 8Section 21. 108.19 (1m) of the statutes is amended to read:
SB366,11,249 108.19 (1m) Each employer subject to this chapter as of the date a rate is
10established under this subsection shall pay an assessment to the administrative
11account at a rate established by the department sufficient to pay interest due on
12advances from the federal unemployment account under title XII of the social
13security act (42 USC 1321 to 1324). The rate established by the department for
14employers who finance benefits under s. 108.15 (2), 108.151 (2), or 108.152 (1) shall
15be 75% of the rate established for other employers. The amount of any employer's
16assessment shall be the product of the rate established for that employer multiplied
17by the employer's payroll of the previous calendar year as taken from quarterly
18employment and wage reports filed by the employer under s. 108.205 (1) or, in the
19absence of the filing of such reports, estimates made by the department. Each
20assessment made under this subsection is due on the 30th day commencing after the
21date on which notice of the assessment is mailed by the department. If the amounts
22collected under this subsection are in excess of the amounts needed to pay interest
23due, the amounts excess shall be retained in the administrative account and utilized
24for the purposes specified in s. 108.20 (2m)
credited to the balancing account.
SB366, s. 22 25Section 22. 108.20 (3) of the statutes is amended to read:
SB366,12,4
1108.20 (3) There shall be included in the moneys governed by sub. (2m) any
2amounts collected by the department under ss. 108.04 (11) (c) and (cm) and 108.22
3(1) (a), (ac), (ad), and (af) as tardy filing fees, forfeitures, interest on delinquent
4payments, or other penalties and any excess moneys collected under s. 108.19 (1m).
SB366, s. 23 5Section 23. 108.22 (8) (b) 1. of the statutes is renumbered 108.22 (8) (b) 1.
6(intro.) and amended to read:
SB366,12,97 108.22 (8) (b) 1. (intro.) To recover any overpayment to an individual which is
8not otherwise repaid or recovery of which has not been waived, the department may
9recoup the amount of the overpayment by:
SB366,12,11 10a. Deducting the amount of the overpayment from benefits the individual
11would otherwise be eligible to receive, or file;
SB366,12,13 12b. Filing a warrant against the liable individual in the same manner as is
13provided in this section for collecting delinquent payments from employers, or both;
SB366, s. 24 14Section 24. 108.22 (8) (b) 1. c. and d. of the statutes are created to read:
SB366,12,1615 108.22 (8) (b) 1. c. Setting off the amount of the overpayment against a refund
16or disbursement due pursuant to s. 71.93; or
SB366,12,1917 d. If the overpayment results from fraud, offsetting the amount of the
18overpayment against a federal tax refund as provided in section 6402 (f) of the federal
19Internal Revenue Code in effect on June 1, 2009, or a similar federal program.
SB366, s. 25 20Section 25. 108.24 (3) of the statutes is renumbered 108.24 (3) (a) (intro.) and
21amended to read:
SB366,12,2422 108.24 (3) (a) (intro.) Any person who makes Whoever does any of the following
23shall be fined not less than $100 nor more than $1,000 or imprisoned for not more
24than 90 days or both:
SB366,13,3
11. Makes a deduction from the wages of an employee because of liability for
2contributions or payments in lieu of contributions under this chapter or because of
3the employee's potential right to benefits, or who knowingly.
SB366,13,6 42. Knowingly refuses or fails to furnish to an employee any notice, report or
5information duly required under this chapter by the department to be furnished to
6such employee, or who, directly.
SB366,13,9 73. Directly or indirectly, by promise of reemployment or by threat not to employ,
8to terminate,
or not to reemploy or by any other means, attempts to induce an
9employee to refrain:
SB366,13,12 10a. Refrain from claiming or accepting benefits or to waive, participating in an
11audit or investigation by the department, or testifying in a hearing held under s,
12108.09 or 108.10.
SB366,13,17 13b. Waive any other right under this chapter, or whose rehiring policy has
14discriminated against a former employee by reason of their having claimed benefits,
15shall be fined not less than $100 nor more than $500 or imprisoned not more than
1690 days, or both; and each such deduction from wages, every day of such refusal or
17failure, and each such attempt to induce
.
SB366,13,18 18(b) Each violation of this subsection constitutes a separate offense.
SB366, s. 26 19Section 26. 108.24 (3) (a) 4. of the statutes is created to read:
SB366,13,2320 108.24 (3) (a) 4. Discriminates or retaliates against an individual because the
21individual claims benefits, participates in an audit or investigation by the
22department under this chapter, testifies in a hearing under s. 108.09 or 108.10, or
23exercises any other right under this chapter.
SB366, s. 27 24Section 27. Nonstatutory provisions.
SB366,14,6
1(1) Within 30 days after the effective date of this subsection, the treasurer of
2the unemployment reserve fund shall transfer from the administrative account of
3the fund to the balancing account of the fund any amount of money in the
4administrative account as of the date of the transfer that is derived from assessments
5for interest payments made under section 108.19 (1m) of the statutes and is in excess
6of the amount needed to make those payments.
SB366, s. 28 7Section 28. Initial applicability.
SB366,14,148 (1) The treatment of section 108.02 (21) (e) (intro.) of the statutes (with respect
9to liability for contributions and reimbursements) first applies with respect to
10determinations issued under section 108.10 of the statutes beginning with the first
11quarter beginning after the effective date of this subsection or, with respect to
12determinations that are appealed, to decisions issued under section 108.10 of the
13statutes beginning with the first quarter beginning after the effective date of this
14subsection.
SB366,14,1815 (2) The treatment of section 108.02 (21) (e) (intro.) of the statutes (with respect
16to payment of benefits) first applies with respect to benefit years beginning on the
17first Sunday after the beginning of the the 3rd quarter beginning after the effective
18date of this subsection.
SB366,14,2219 (3) The treatment of sections 108.02 (15s) and (20m) (with respect to benefits
20for partial unemployment) and 108.05 (3) (b) 1. a., b., and c. of the statutes first
21applies with respect to weeks of unemployment beginning on the effective date of this
22subsection.
SB366,14,2423 (4) The treatment of section 108.05 (3) (e) of the statutes first applies with
24respect to weeks of unemployment beginning on the effective date of this subsection.
SB366,15,5
1(5) The treatment of section 108.16 (6) (L) and (m), (6m) (g), and (10) of the
2statutes, the renumbering and amendment of section 108.22 (8) (b) 1. of the statutes,
3and the creation of section 108.22 (8) (b) 1. c. and d. of the statutes first apply with
4respect to satisfaction of liabilities outstanding on the effective date of this
5subsection.
SB366,15,96 (6) The treatment of section 108.05 (7) (d) 1. (intro.), a., and b. and 2. (intro.),
7a., and b. of the statutes first applies with respect to pension payments that are
8received on other than a periodic basis in weeks of unemployment beginning on or
9after the effective date of this subsection.
SB366,15,1110 (7) The treatment of section 108.18 (7) (d) of the statutes first applies with
11respect to voluntary contributions made for calendar year 2011.
SB366,15,1512 (8) The treatment of sections 108.02 (15s) and (20m) (with respect to
13terminations of employment) and 108.04 (7) (k) and (o) of the statutes first applies
14with respect to voluntary terminations of employment occurring on the effective date
15of this subsection.
SB366, s. 29 16Section 29. Effective date.
SB366,15,1717 (1) This act takes effect on the first Sunday after publication.
SB366,15,1818 (End)
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