Scope Statements
Workforce Development
Subject
Revises Chapter
DWD 110, relating to coverage and related records and reports, and Chapter
DWD 111, relating to quarterly wages reporting requirements.
Policy Analysis
In
2007 Wisconsin Act 59, the Legislature made several changes to the employer payment and reporting requirements for the Unemployment Insurance program.
See, Wis. Stat. §§
108.02(21)(b),
108.067(1),
108.151(7)(h),
108.16(8)(b),
108.17(2),
(2b),
(2c),
(2g),
108.17(7),
108.19(1m),
108.205(1m) and
(2), and
108.22(1) and
(9). Chapters
110 and
111 contain references to old language and old provisions of the statutes. The rules will be amended to comply with the current statutory language. Other provisions in Chapters
DWD 110 and
111 will also be reviewed for possible changes.
Statutory Authority
Comparison with Federal Regulations
Federal unemployment insurance law requires every state to have a system for employers to file quarterly wage reports. Section
108.205, Stats., implements the federal wage reporting requirements in Wisconsin. Chapter
DWD 111 specifies the procedures by which employers comply with the quarterly wage reporting requirements. Chapter
DWD 110 specifies other records and reports required to be submitted to the department to determine an employing unit's status and contribution liability. The method by which the state administers quarterly wage reporting is not an area which is regulated by federal law or subject to any proposed federal regulation.
Entities Affected by the Rule
Employers in Wisconsin.
Estimate of Time Needed to Develop the Rule
90 hours.
Agency Contact
Tracey Schwalbe, Research Attorney
Unemployment Insurance Division
Phone: (608) 266-9641
Workforce Development
Subject
Revises Chapter
DWD 127, relating to work search.
Policy Analysis
Section
108.04 (2), Stats., provides that a claimant must be able to work and available for work and must conduct a reasonable search for suitable work. Prior to April 1, 2008, both DWD 127, Work Search, and DWD 128, Ability to Work and Availability for Work, prevented disqualification for failing to comply with work search requirements or inability to work or unavailability for work prior to the department's mailing of an unemployment benefit check unless the claimant had concealed information pertaining to his or her work search efforts or the work search or ability/availability for work. As of April 1, 2008, DWD 128 was changed to permit a disqualification for previously paid weeks when there was no concealment on the part of the claimant. The department seeks to develop the same rule for the work search situation and to provide that if benefits are paid to the claimant and it is later determined that the claimant did not comply with the work search requirements, benefits may be denied regardless of whether there was concealment on the part of the claimant. Other provisions in Chapter
DWD 127 will also be reviewed for possible changes.
Statutory Authority
Comparison with Federal Regulations
There is a federal requirement that UI claimants search for work, but there is no federal law on the specific issues addressed in the proposed rule.
Entities Affected by the Rule
Employers and employees in Wisconsin.
Estimate of Time Needed to Develop the Rule
50 hours.
Agency Contact
Tracey Schwalbe, Research Attorney
Unemployment Insurance Division
Phone: (608) 266-9641
Workforce Development
Subject
Revises Chapter
DWD 132, relating to determining eligibility for benefits.
Policy Analysis
The Federal Unemployment Tax Act (FUTA) generally requires equal treatment for the payment of unemployment compensation on the basis of service to certain nonprofit organizations, federally recognized Indian tribes, and state and local government workers in the same amount, on the same terms, and subject to the same conditions, as other service subject to state law. An exception to this requirement of equal treatment in FUTA Section 3304(a)(6)(A)(i-iv) involves the treatment of professional and nonprofessional employees of educational institutions, educational service agencies, and other entities pertaining to the denial of unemployment compensation during periods between or within academic years or terms when there is a contract or reasonable assurance that such individual will perform such service in the same or similar capacity in the ensuing academic year or term. Section
DWD 132.04 explains what constitutes “reasonably similar terms" for the “same or similar capacity" federal requirement for benefit eligibility of educational employees. The rule needs to be brought up-to-date with the current wording and numbering of Wis. Stat. s.
108.04 (17) regarding educational employees.
Section
DWD 132.03 describes the standard applied to determining whether the exception to the quit disqualification in Wis. Stat. §
108.04(7)(k) applies. Under §
108.04(7)(k), a claimant who terminates part-time work is not disqualified from receiving benefits if the claimant is otherwise eligible to receive benefits because of the loss of full-time work and this loss makes it economically unfeasible to continue the part-time work. The definitions of part-time and full-time work need to be brought up-to-date with current definitions in DWD ch.
100. The department will consider changes to the definitions of terms and also consider expanding the definition and standard to the quit exception in Wis. Stat. §
108.04(7)(o). Under that section, a claimant who terminates his or her employment in one of two or more concurrently held positions is not disqualified from receiving benefits if the claimant is otherwise eligible to receive benefits and the claimant terminated before receiving notice of termination from the other employing unit for which the claimant worked full-time.
Section
DWD 132.05 (1) (b) provides that the misconduct standard will apply to disciplinary suspensions under Wis. Stat. s.
108.04 (6). This reference will be deleted because the statute no longer includes consideration of misconduct.
See, 1991 Wis. Act 89, section
16. Other provisions in Chapter
DWD 132 also will be reviewed for the need for additional definitions and other possible changes.
Statutory Authority
Comparison with Federal Regulations
26 USC 3304(a)(6)(A)(i-iv) involves the treatment of professional and nonprofessional employees of educational institutions, educational service agencies, and other entities pertaining to the denial of unemployment compensation during periods between or within academic years or terms when there is a contract or reasonable assurance that such individual will perform such service in the same or similar capacity in the ensuing academic year or term. State law must deny benefits to professional employees between and within the academic years or terms when a contract or reasonable assurance exists. State law may deny benefits to nonprofessional employees between and within the academic years or terms when a contract or reasonable assurance exists.
Reasonable assurance under federal law means that the individual has a written, oral or implied agreement that s/he will perform services in the same or similar capacity during the ensuing academic year, term, or remainder of the term. In order for there to be a reasonable assurance, there must be a bona fide offer of employment, not just a possibility that employment will exist. In addition, reasonable assurance exists only if the economic terms and conditions of the job offered in the second period are not substantially less (as determined by state law) than the terms and conditions for the job in the first period. The rule defines the standard for the type of work that is “substantially less favorable" for purposes of determining if a claimant has “reasonable assurance" of a position with the employer.
Entities Affected by the Rule
Employers and employees in Wisconsin.
Estimate of Time Needed to Develop the Rule
90 hours.
Agency Contact
