SB30,670,104
108.095
(7) Any party may commence an action for judicial review of a decision
5of the
commission administrator under this section, after exhausting the remedies
6provided under this section, by commencing the action within 30 days after the
7administrator's decision
of the commission is delivered electronically or mailed to the
8department and is delivered electronically to, or mailed to the last-known address
9of, each other party. The scope and manner of judicial review is the same as that
10provided in s. 108.09 (7).
SB30,1431
11Section 1431
. 108.10 (2) of the statutes is amended to read:
SB30,670,1712
108.10
(2) Any hearing duly requested shall be held before an appeal tribunal
13established as provided by s. 108.09 (3), and s. 108.09 (4) and (5) shall be applicable
14to the proceedings before
such the tribunal. The department may be a party in any
15proceedings before an appeal tribunal. The employing unit or the department may
16petition
the commission for review of the appeal tribunal's decision
by the
17administrator under s. 108.09 (6).
SB30,1432
18Section 1432
. 108.10 (3) of the statutes is amended to read:
SB30,670,2019
108.10
(3) The
commission's
administrator's authority to take action as to any
20issue or proceeding under this section is the same as that specified in s. 108.09 (6).
SB30,1433
21Section 1433
. 108.10 (4) of the statutes is amended to read:
SB30,671,1022
108.10
(4) The employing unit may commence an action for the judicial review
23of a
commission decision
of the administrator under this section, provided the
24employing unit has exhausted the remedies provided under this section. The
25department may commence an action for the judicial review of a
commission decision
1of the administrator under this section, but the department is not required to have
2been a party to the
proceedings before the commission review by the administrator 3or to have exhausted the remedies provided under this section. In an action
4commenced under this section by a party that is not the department, the department
5shall be a defendant and shall be named as a party in the complaint commencing the
6action. If a plaintiff fails to
name either
name the department
or the commission as
7defendants and a defendant or serve
them the department as required under s.
8108.09 (7), the court shall dismiss the action. The scope of judicial review, and the
9manner thereof insofar as applicable, shall be the same as that provided in s. 108.09
10(7).
a defendant defendant summons and
SB30,1434
11Section 1434
. 108.10 (6) of the statutes is amended to read:
SB30,671,1912
108.10
(6) Any determination by the department or any decision by an appeal
13tribunal or by the
commission administrator is conclusive with respect to an
14employing unit unless the department or the employing unit files a timely request
15for a hearing or petition for review as provided in this section. A determination or
16decision is binding upon the department only insofar as the relevant facts were
17included in the record that was before the department at the time the determination
18was issued, or before the appeal tribunal or
commission the administrator at the time
19the decision was issued.
SB30,1435
20Section 1435
. 108.10 (7) of the statutes is repealed.
SB30,1436
21Section 1436
. 108.14 (2m) of the statutes is amended to read:
SB30,672,1622
108.14
(2m) In the discharge of their duties under this chapter an appeal
23tribunal
, commissioner or
other
another authorized representative of the
24department
or commission may administer oaths to persons appearing before them,
25take depositions, certify to official acts, and by subpoenas, served in the manner in
1which circuit court subpoenas are served, compel attendance of witnesses and the
2production of books, papers, documents
, and records necessary or convenient to be
3used by them in connection with any investigation, hearing
, or other proceeding
4under this chapter. A party's attorney of record may issue a subpoena to compel the
5attendance of a witness or the production of evidence. A subpoena issued by an
6attorney must be in substantially the same form as provided in s. 805.07 (4) and must
7be served in the manner provided in s. 805.07 (5). The attorney shall, at the time of
8issuance, send a copy of the subpoena to the appeal tribunal or other representative
9of the department responsible for conducting the proceeding. However, in any
10investigation, hearing
, or other proceeding involving the administration of oaths or
11the use of subpoenas under this subsection due notice shall be given to any interested
12party involved, who shall be given an opportunity to appear and be heard at any such
13proceeding and to examine witnesses and otherwise participate therein. Witness
14fees and travel expenses involved in proceedings under this chapter may be allowed
15by the appeal tribunal or representative of the department at rates specified by
16department rules, and shall be paid from the administrative account.
SB30,1437
17Section 1437
. 108.14 (3m) of the statutes is amended to read:
SB30,673,218
108.14
(3m) In any court action to enforce this chapter the department,
the
19commission, and the state may be represented by any licensed attorney who is an
20employee of the department
or the commission and is designated by
either of them 21the department for this purpose or
at the, upon request
of either of them by the
22department, by the department of justice. If the governor designates special counsel
23to defend, in behalf of the state, the validity of this chapter or of any provision of Title
24IX of the social security act, the expenses and compensation of the special counsel
25and of any experts employed by the department in connection with that proceeding
1may be charged to the administrative account. If the compensation is being
2determined on a contingent fee basis, the contract is subject to s. 20.9305.
SB30,1438
3Section 1438
. 108.14 (7) (a) of the statutes is amended to read:
SB30,673,104
108.14
(7) (a) The records made or maintained by the department
or
5commission in connection with the administration of this chapter are confidential
6and shall be open to public inspection or disclosure only to the extent that the
7department
or commission permits in the interest of the unemployment insurance
8program. No person may permit inspection or disclosure of any record provided to
9it by the department
or commission unless the department
or commission authorizes
10the inspection or disclosure.
SB30,1439
11Section 1439
. 108.14 (22) of the statutes is amended to read:
SB30,673,1912
108.14
(22) The
commission
department shall maintain a searchable,
13electronic database of significant decisions made by
the commission appeal tribunals
14and the administrator on matters under this chapter for the use of attorneys
15employed by the department and the commission and other individuals employed by
16the department
and the commission whose duties necessitate use of the database.
17The department may also include in the database decisions of the labor and
18industrial review commission that were required to be maintained in the database
19under s. 108.14 (22), 2015 stats.
SB30,1440
20Section 1440
. 108.17 (3m) of the statutes is amended to read:
SB30,674,321
108.17
(3m) If an appeal tribunal or the
commission administrator issues a
22decision under s. 108.10 (2), or a court issues a decision on review under s. 108.10 (4),
23in which it is determined that an amount has been erroneously paid by an employer,
24the department shall, from the administrative account, credit the employer with
25interest at the rate of 0.75 percent per month or fraction thereof on the amount of the
1erroneous payment. Interest shall accrue from the month which the erroneous
2payment was made until the month in which it is either used as a credit against
3future contributions or refunded to the employer.
SB30,1441
4Section 1441
. 108.22 (8) (a) of the statutes is amended to read:
SB30,674,145
108.22
(8) (a) If benefits are erroneously paid to an individual, the individual's
6liability to reimburse the fund for the overpayment may be set forth in a
7determination or decision issued under s. 108.09. Any determination which
8establishes or increases an overpayment shall include a finding concerning whether
9waiver of benefit recovery is required under par. (c). If any decision of an appeal
10tribunal, the
commission administrator, or any court establishes or increases an
11overpayment and the decision does not include a finding concerning whether waiver
12of benefit recovery is required under par. (c), the
appeal tribunal,
commission 13administrator, or court shall remand the issue to the department for a
14determination.
SB30,1442
15Section 1442
. 108.22 (8) (c) 2. of the statutes is amended to read:
SB30,674,1916
108.22
(8) (c) 2. If a determination or decision issued under s. 108.09 is
17amended, modified
, or reversed by an appeal tribunal, the
commission 18administrator, or any court, that action shall not be treated as establishing a
19departmental error for purposes of subd. 1. a.
SB30,1443
20Section 1443
. 108.24 (4) of the statutes is amended to read:
SB30,675,421
108.24
(4) Any person who, without authorization of the department, permits
22inspection or disclosure of any record relating to the administration of this chapter
23that is provided to the person by the department under s. 108.14 (7) (a), (b), or (bm)
24and any person who, without authorization of the commission, permits inspection or
25disclosure of any record relating to the administration of this chapter that is provided
1to the person by the commission under s. 108.14 (7) (a), shall be fined not less than
2$25 nor more than $500 or may be imprisoned in the county jail for not more than
3one year or both. Each such unauthorized inspection or disclosure constitutes a
4separate offense.
SB30,1444
5Section 1444
. 109.09 (1) of the statutes is amended to read:
SB30,676,26
109.09
(1) The department shall investigate and attempt equitably to adjust
7controversies between employers and employees as to alleged wage claims. The
8department may receive and investigate any wage claim that is filed with the
9department, or received by the department under s. 109.10 (4), no later than 2 years
10after the date the wages are due. The department may, after receiving a wage claim,
11investigate any wages due from the employer against whom the claim is filed to any
12employee during the period commencing 2 years before the date the claim is filed.
13The department shall enforce this chapter and s. 66.0903, 2013 stats., s. 103.49, 2013
14stats.,
and s. 229.8275, 2013 stats.,
and s. 16.856, 2015 stats., and ss.
16.856, 103.02,
15103.82, and 104.12. In pursuance of this duty, the department may sue the employer
16on behalf of the employee to collect any wage claim or wage deficiency and ss. 109.03
17(6) and 109.11 (2) and (3) shall apply to such actions. Except for actions under s.
18109.10, the department may refer such an action to the district attorney of the county
19in which the violation occurs for prosecution and collection and the district attorney
20shall commence an action in the circuit court having appropriate jurisdiction. Any
21number of wage claims or wage deficiencies against the same employer may be joined
22in a single proceeding, but the court may order separate trials or hearings. In actions
23that are referred to a district attorney under this subsection, any taxable costs
24recovered by the district attorney shall be paid into the general fund of the county
25in which the violation occurs and used by that county to meet its financial
1responsibility under s. 978.13 (2) (b) for the operation of the office of the district
2attorney who prosecuted the action.
SB30,1445
3Section 1445
. 110.20 (9) (g) of the statutes is amended to read:
SB30,676,84
110.20
(9) (g) Prescribe a procedure for remote sensing of not less than 0.5
5percent of nonexempt vehicles and, for such vehicles that grossly exceed applicable
6emission limitations, as determined by the department, notifying vehicle owners by
7mail
or, if desired by the vehicle owner, by any electronic means offered by the
8department that an emissions inspection must be performed under sub. (6) (a) 4.
SB30,1446
9Section 1446
. 111.07 (5) of the statutes is amended to read:
SB30,677,410
111.07
(5) The commission may
make findings and orders or may authorize
11a commissioner or an examiner to make findings and orders. Any party in interest
12who is dissatisfied with the findings or order
of a commissioner or examiner may file
13a written petition with the commission
as a body to review the findings or order. If
14no petition is filed within 20 days from the date that a copy of the findings or order
15of the commissioner or examiner was mailed to the last-known address of the parties
16in interest, such findings or order shall be considered the findings or order of the
17commission
as a body unless set aside, reversed
, or modified by
such commissioner 18the commission or examiner within such time. If the findings or order are set aside
19by the
commissioner commission or examiner the status shall be the same as prior
20to the findings or order set aside. If the findings or order are reversed or modified
21by the commissioner or examiner, the time for filing petition with the commission
22shall run from the time that notice of such reversal or modification is mailed to the
23last-known address of the parties in interest. Within 45 days after the filing of such
24petition with the commission, the commission shall either affirm, reverse, set aside
, 25or modify such findings or order, in whole or in part, or direct the taking of additional
1testimony. Such action shall be based on a review of the evidence submitted. If the
2commission is satisfied that a party in interest has been prejudiced because of
3exceptional delay in the receipt of a copy of any findings or order
, it may extend the
4time another 20 days for filing a petition with the commission.
SB30,1447
5Section 1447
. 111.07 (6) of the statutes is amended to read:
SB30,677,116
111.07
(6) The commission shall have the power to remove or transfer the
7proceedings pending before
a commissioner or
an examiner. It may also, on its own
8motion, set aside, modify
, or change any order, findings
, or award, whether made by
9an individual commissioner, an examiner
, or by the commission
as a body, at any time
10within 20 days from the date thereof if it shall discover any mistake therein, or upon
11the grounds of newly discovered evidence.
SB30,1448
12Section 1448
. 111.14 of the statutes is amended to read:
SB30,677,17
13111.14 Penalty. Any person who shall willfully assault, resist, prevent,
14impede
, or interfere with
any member of the commission or any of its agents or
15agencies in the performance of duties pursuant to this subchapter shall be punished
16by a fine of not more than $500 or by imprisonment in the county jail for not more
17than one year, or both.
SB30,1449
18Section 1449
. 111.32 (1) of the statutes is renumbered 111.32 (1r).
SB30,1450
19Section 1450
. 111.32 (1g) of the statutes is created to read:
SB30,677,2120
111.32
(1g) “Administrator” means the administrator of the division of the
21department that is responsible for administering this subchapter.
SB30,1451
22Section 1451
. 111.32 (2) of the statutes is repealed.
SB30,1452
23Section 1452
. 111.322 (2m) (c) of the statutes is repealed.
SB30,1453
24Section 1453
. 111.322 (2m) (d) of the statutes is amended to read:
SB30,678,2
1111.322
(2m) (d) The individual's employer believes that the individual
2engaged or may engage in any activity described in pars. (a) to
(c) (bm).
SB30,1454
3Section 1454
. 111.335 (1) (cx) of the statutes is amended to read:
SB30,678,74
111.335
(1) (cx) Notwithstanding s. 111.322, it is not employment
5discrimination because of conviction record to refuse to employ or license, or to bar
6or terminate from employment or licensure, any individual who has been convicted
7of any offense under s.
38.50 440.52 (13) (c).
SB30,1455
8Section 1455
. 111.375 (1) of the statutes is amended to read:
SB30,678,199
111.375
(1) This subchapter shall be administered by the department. The
10department may
make, amend and rescind such promulgate rules
as are necessary
11to carry out this subchapter. The department
or the commission may, by such agents
12or agencies as it designates, conduct in any part of this state any proceeding, hearing,
13investigation
, or inquiry necessary to the performance of its functions. The
14department shall preserve the anonymity of any employee who is the aggrieved party
15in a complaint of discrimination in promotion, compensation
, or terms and conditions
16of employment, of unfair honesty testing
, or of unfair genetic testing against his or
17her present employer until a determination as to probable cause has been made,
18unless the department determines that the anonymity will substantially impede the
19investigation.
SB30,1456
20Section 1456
. 111.39 (4) (b) of the statutes is amended to read:
SB30,679,1221
111.39
(4) (b) If the department finds probable cause to believe that any
22discrimination has been or is being committed, that unfair honesty testing has
23occurred or is occurring
, or that unfair genetic testing has occurred or is occurring,
24it may endeavor to eliminate the practice by conference, conciliation
, or persuasion.
25The parties may also attempt to resolve the complaint through offers of settlement
1in accordance with s. 111.392. If the department does not eliminate the
2discrimination, unfair honesty testing
, or unfair genetic testing
and the complaint
3is not resolved through settlement under s. 111.392 or otherwise, the department
4shall issue and serve a written notice of hearing, specifying the nature of the
5discrimination that appears to have been committed or unfair honesty testing or
6unfair genetic testing that has occurred, and requiring the person named, in this
7section called the “respondent
",,”
to answer the complaint at a hearing before an
8examiner. The notice shall specify a time of hearing not less than 30 days after
9service of the complaint, and a place of hearing within either the county of the
10respondent's residence or the county in which the discrimination, unfair honesty
11testing
, or unfair genetic testing appears to have occurred. The testimony at the
12hearing shall be recorded or taken down by a reporter appointed by the department.
SB30,1457
13Section 1457
. 111.39 (4) (c) of the statutes is amended to read:
SB30,680,1314
111.39
(4) (c) If, after hearing, the examiner finds that the respondent has
15engaged in discrimination, unfair honesty testing
, or unfair genetic testing, the
16examiner shall make written findings and order such action by the respondent as
17will effectuate the purpose of this subchapter, with or without back pay
, except as
18provided in s. 111.392 (12) and except that no attorney fees or costs shall be awarded
19to a complainant under this paragraph if no reinstatement, monetary relief, or other
20substantive or tangible benefit is ordered. If the examiner awards any payment to
21an employee because of a violation of s. 111.321 by an individual employed by the
22employer, under s. 111.32 (6), the employer of that individual is liable for the
23payment. If the examiner finds a respondent violated s. 111.322 (2m), the examiner
24shall award compensation in lieu of reinstatement if requested by all parties and
25may award compensation in lieu of reinstatement if requested by any party.
1Compensation in lieu of reinstatement for a violation of s. 111.322 (2m) may not be
2less than 500 times nor more than 1,000 times the hourly wage of the person
3discriminated against when the violation occurred. Back pay liability may not
4accrue from a date more than 2 years prior to the filing of a complaint with the
5department. Interim earnings or amounts earnable with reasonable diligence by the
6person discriminated against or subjected to unfair honesty testing or unfair genetic
7testing shall operate to reduce back pay otherwise allowable. Amounts received by
8the person discriminated against or subject to the unfair honesty testing or unfair
9genetic testing as unemployment benefits or welfare payments shall not reduce the
10back pay otherwise allowable, but shall be withheld from the person discriminated
11against or subject to unfair honesty testing or unfair genetic testing and immediately
12paid to the unemployment reserve fund or, in the case of a welfare payment, to the
13welfare agency making the payment.
SB30,1458
14Section 1458
. 111.39 (5) of the statutes is amended to read:
SB30,680,1715
111.39
(5) (a) Any respondent or complainant who is dissatisfied with the
16findings and order of the examiner may file a written petition with the department
17for review
by the commission of the findings and order
by the administrator.
SB30,681,218
(b) If no petition is filed within 21 days from the date that a copy of the findings
19and order of the examiner is mailed to the last-known address of the respondent the
20findings and order shall be considered final for purposes of enforcement under sub.
21(4) (d). If a timely petition is filed, the
commission administrator, on review, may
22either affirm, reverse
, or modify the findings or order in whole or in part, or set aside
23the findings and order and remand to the department for further proceedings. Such
24actions shall be based on a review of the evidence submitted. If the
commission 25department is satisfied that a respondent or complainant has been prejudiced
1because of exceptional delay in the receipt of a copy of any findings and order it may
2extend the time another 21 days for filing the petition with the department.
SB30,681,103
(c) On motion, the
commission administrator may set aside, modify
, or change
4any decision made by the
commission administrator, at any time within 28 days from
5the date thereof if it discovers any mistake therein, or upon the grounds of newly
6discovered evidence. The
commission administrator may on its own motion, for
7reasons it deems sufficient, set aside any final decision of the
commission 8administrator within one year from the date thereof upon grounds of mistake or
9newly discovered evidence, and remand the case to the department for further
10proceedings.
SB30,1459
11Section 1459
. 111.392 of the statutes is created to read:
SB30,681,12
12111.392 Offers of settlement.
(1) In this section:
SB30,681,1413
(a) “More favorable award” means an order under s. 111.39 (4) (c) to which
14either of the following applies:
SB30,681,1715
1. The order includes an order of reinstatement, or for some other substantive
16or tangible benefit besides a mere finding that the law was violated, that was not
17provided for in a settlement offer made under this section.
SB30,681,2018
2. The order includes a monetary award to the complainant that, exclusive of
19the complainant's pre-offer costs and post-offer costs, exceeds the compensation
20provided for in a settlement offer made under this section.
SB30,681,2221
(b) “Prejudgment interest” means interest at an annual rate equal to 1 percent
22plus the prime rate in effect on the date of the settlement offer.
SB30,682,223
(c) “Pre-offer costs” and “post-offer costs” include reasonable attorney fees,
24filing fees, subpoena fees, copying costs, court reporter fees, reasonable investigative
1costs, reasonable travel expenses, and all other similar fees and expenses related to
2litigating the complaint.
SB30,682,3
3(2) This section applies with respect to complaints under s. 111.39.
SB30,682,7
4(3) Unless otherwise specified, a settlement offer made under this section is an
5offer to resolve all claims between the parties. Settlement offers made under this
6section shall be construed as including all compensation that may be awarded under
7s. 111.39 (4) (c).
SB30,682,11
8(4) At any time between 10 days after a complaint is filed under s. 111.39 (1)
9and 10 days prior to commencement of a hearing under s. 111.39 (4) (b), any party
10may serve an offer upon any other party to the action for settlement to be entered in
11accordance with the terms and conditions stated at that time.
SB30,682,13
12(5) A settlement offer under sub. (4) shall include a citation to this section and
13shall satisfy all of the following:
SB30,682,1414
(a) Be in writing.
SB30,682,1515
(b) Identify parties making the offer and the parties to whom the offer is made.
SB30,682,1616
(c) Identify generally the claim the offer is attempting to resolve.
SB30,682,1717
(d) State the terms and conditions of the offer.
SB30,682,1818
(e) Include one of the following:
SB30,682,2219
1. If the complainant is making the offer, the statement “In accordance with and
20subject to s. 111.392, Wis. Stats., if this offer is not accepted and a more favorable
21award is obtained by the complainant, prejudgment interest will attach to the final
22award from the date this offer was received.”
SB30,683,223
2. If the respondent is making the offer, the statement “In accordance with and
24subject to s. 111.392, Wis. Stats., if this offer is not accepted and the complainant fails
1to obtain a more favorable award, the respondent will be entitled to post-offer costs
2and fees, including attorney fees, from the date this offer was received.”
SB30,683,43
(f) State the deadline by which the offer must be accepted, in accordance with
4sub. (11) (b).
SB30,683,75
(g) Include a provision that requires the accepting party and, if the accepting
6party is represented by an attorney, the accepting party's attorney to indicate
7acceptance of the offer by signing a statement that the offer is accepted.
SB30,683,88
(h) Be signed by the offeror or the offeror's attorney of record.
SB30,683,99
(i) Include a certificate of service and be served by certified mail.
SB30,683,1010
(j) Be served on all parties to whom the offer is made.
SB30,683,14
11(6) (a) A settlement offer may be made subject to a confidentiality requirement
12and such other reasonable conditions, including the execution of appropriate
13releases, indemnities, and other documents, as are typical of such settlement
14agreements.
SB30,683,1615
(b) All terms and conditions included in a final and fully executed settlement
16agreement are presumed to be reasonable.
SB30,683,2117
(c) 1. Notwithstanding subs. (12) and (13), if a settlement offer is declined by
18the offeree because of a condition the offeree believes to be unreasonable, and the
19condition is later determined by the department to be unreasonable under the
20circumstances of the case, the offer may not be the basis for an award of post-offer
21costs or prejudgment interest.
SB30,683,2322
2. Notwithstanding subd. 1., if a complainant fails to obtain a more favorable
23award, the monetary amount in the settlement offer shall be considered reasonable.
SB30,684,3
1(7) Service of a settlement offer tolls the offeror's obligations regarding
2discovery, responsive pleadings, and other investigative and litigation obligations
3until one of the following occurs:
SB30,684,54
(a) The offeree accepts or declines the offer as provided in sub. (10) (a) or (11)
5(a).
SB30,684,86
(b) If the offer expires as provided in sub. (11) (b), the offeree acknowledges
7receipt of the offer in writing, with the signature of the offeree and, if the offeree is
8represented by an attorney, the offeree's attorney.
SB30,684,10
9(8) A settlement offer may be withdrawn in writing at any time prior to
10acceptance by the offeree. Once withdrawn, the offer is void.
SB30,684,15
11(9) Any settlement offer, the acceptance or declination of any such offer, and
12any negotiations related to such offers may not be proffered or accepted as evidence
13nor mentioned in a hearing under s. 111.39 (4) (b) or in any other proceedings relating
14to the claim, except as provided in sub. (14), and shall be treated for all other purposes
15as provided in s. 904.08.
SB30,684,22
16(10) (a) Any acceptance of a settlement offer shall, whether made on the
17document containing the offer or on a separate document of acceptance, be in writing,
18be promptly delivered to the offeror or the offeror's attorney, and include the
19signature of the accepting party and, if the accepting party is represented by an
20attorney, the accepting party's attorney. Upon acceptance, the parties are obligated
21to enter into good faith negotiations to memorialize the terms of the settlement and
22execute documents necessary to effectuate the settlement.