Chapter 103

103.11 History History: 2015 a. 345.

103.12 103.12 Local regulation of employment benefits; statewide concern; uniformity.

103.12(1) (1) The legislature finds that each employer in this state should be allowed to determine the employment benefits the employer provides to its employees without interference by local governments. The legislature finds that the absence of such local regulations is a matter of statewide concern and that the enactment of an ordinance by a city, village, town, or county regulating the employment benefits an employer provides to its employees would be logically inconsistent with, would defeat the purpose of, and would go against the spirit of the legislature’s intent to allow each employer to determine the employment benefits the employer provides to its employees. Therefore, this section shall be construed as an enactment of statewide concern for the purpose of providing uniform regulation throughout the state regarding the employment benefits an employer may be required to provide to its employees.

103.12(2) (2) In this section, “employment benefit” means anything of value, other than wages and salary, that an employer makes available to an employee, including a retirement, pension, profit sharing, insurance, or leave benefit.

103.12(3) (3) 

103.12(3)(a) (a) Except as provided in ss. 103.10 (1m) (d) and 103.11 (2) (d), no city, village, town, or county may enact or enforce an ordinance requiring an employer to provide certain employment benefits to its employees, to provide a minimum level of employment benefits to its employees, or to prescribe the terms or conditions of employment benefits provided to its employees.

103.12(3)(b) (b) Except as provided in ss. 103.10 (1m) (d) and 103.11 (2) (d), if a city, village, town, or county has in effect on April 18, 2018, an ordinance requiring an employer to provide certain employment benefits or to provide a minimum level of employment benefits to its employees, the ordinance does not apply and may not be enforced.

103.12 History History: 2017 a. 327.

103.13 103.13 Records open to employee.

103.13(1) (1) Definition. In this section, “employee” includes former employees.

103.13(2) (2) Open records. Every employer shall, upon the request of an employee, which the employer may require the employee to make in writing, permit the employee to inspect any personnel documents which are used or which have been used in determining that employee’s qualifications for employment, promotion, transfer, additional compensation, termination or other disciplinary action, and medical records, except as provided in subs. (5) and (6). An employee may request all or any part of his or her records, except as provided in sub. (6). The employer shall grant at least 2 requests by an employee in a calendar year, unless otherwise provided in a collective bargaining agreement, to inspect the employee’s personnel records as provided in this section. The employer shall provide the employee with the opportunity to inspect the employee’s personnel records within 7 working days after the employee makes the request for inspection. The inspection shall take place at a location reasonably near the employee’s place of employment and during normal working hours. If the inspection during normal working hours would require an employee to take time off from work with that employer, the employer may provide some other reasonable time for the inspection. In any case, the employer may allow the inspection to take place at a time other than working hours or at a place other than where the records are maintained if that time or place would be more convenient for the employee.

103.13(2m) (2m) Employee records during an emergency. Notwithstanding sub. (2), during the public health emergency declared on March 12, 2020, by executive order 72, an employer is not required to provide an employee’s personnel records within 7 working days after an employee makes a request to inspect his or her personnel records, and an employer is not required to provide the inspection at a location reasonably near the employee’s place of employment during normal working hours.

103.13(3) (3) Personnel record inspection by representative. An employee who is involved in a current grievance against the employer may designate in writing a representative of the employee’s union, collective bargaining unit or other designated representative to inspect the employee’s personnel records which may have a bearing on the resolution of the grievance, except as provided in sub. (6). The employer shall allow such a designated representative to inspect that employee’s personnel records in the same manner as provided under sub. (2).

103.13(4) (4) Personnel record correction. If the employee disagrees with any information contained in the personnel records, a removal or correction of that information may be mutually agreed upon by the employer and the employee. If an agreement cannot be reached, the employee may submit a written statement explaining the employee’s position. The employer shall attach the employee’s statement to the disputed portion of the personnel record. The employee’s statement shall be included whenever that disputed portion of the personnel record is released to a 3rd party as long as the disputed record is a part of the file.

103.13(5) (5) Medical records inspection. The right of the employee or the employee’s designated representative under sub. (3) to inspect personnel records under this section includes the right to inspect any personal medical records concerning the employee in the employer’s files. If the employer believes that disclosure of an employee’s medical records would have a detrimental effect on the employee, the employer may release the medical records to the employee’s physician or through a physician designated by the employee, in which case the physician may release the medical records to the employee or to the employee’s immediate family.

103.13(6) (6) Exceptions. The right of the employee or the employee’s designated representative under sub. (3) to inspect his or her personnel records does not apply to:

103.13(6)(a) (a) Records relating to the investigation of possible criminal offenses committed by that employee.

103.13(6)(b) (b) Letters of reference for that employee.

103.13(6)(c) (c) Any portion of a test document, except that the employee may see a cumulative total test score for either a section of the test document or for the entire test document.

103.13(6)(d) (d) Materials used by the employer for staff management planning, including judgments or recommendations concerning future salary increases and other wage treatments, management bonus plans, promotions and job assignments or other comments or ratings used for the employer’s planning purposes.

103.13(6)(e) (e) Information of a personal nature about a person other than the employee if disclosure of the information would constitute a clearly unwarranted invasion of the other person’s privacy.

103.13(6)(f) (f) An employer who does not maintain any personnel records.

103.13(6)(g) (g) Records relevant to any other pending claim between the employer and the employee which may be discovered in a judicial proceeding.

103.13(7) (7) Copies. The right of the employee or the employee’s representative to inspect records includes the right to copy or receive a copy of records. The employer may charge a reasonable fee for providing copies of records, which may not exceed the actual cost of reproduction.

103.13(7m) (7m) Employment discrimination. Section 111.322 (2m) applies to discharge and other discriminatory acts in connection with any proceeding under this section.

103.13(8) (8) Penalty. Any employer who violates this section may be fined not less than $10 nor more than $100 for each violation. Each day of refusal or failure to comply with a duty under this section is a separate violation.

103.13 History History: 1979 c. 339; 1981 c. 164; 1983 a. 189 ss. 153, 329 (4); 1989 a. 228; 1995 a. 27; 2019 a. 185.

103.14 103.14 Grooming requirement; notification. Each employer shall, at the time of hiring, notify each employee about any hairstyle, facial hair or clothing requirement.

103.14 History History: 1981 c. 334; 1983 a. 189 s. 329 (4); 1995 a. 27.

103.15 103.15 Restrictions on use of an HIV test.

103.15(1) (1) In this section:

103.15(1)(a) (a) “Employer” includes the state, its political subdivisions and any office, department, independent agency, authority, institution, association, society or other body in state or local government created or authorized to be created by the constitution or any law, including the legislature and the courts.

103.15(1)(am) (am) “HIV” means any strain of human immunodeficiency virus, which causes acquired immunodeficiency syndrome.

103.15(1)(b) (b) “HIV infection” means the pathological state produced by a human body in response to the presence of HIV.

103.15(1)(bm) (bm) “HIV test” has the meaning given in s. 252.01 (2m).

103.15(1)(c) (c) “State epidemiologist” means the individual designated by the secretary of health services as the individual in charge of communicable disease control for this state.

103.15(2) (2) Notwithstanding ss. 227.01 (13) and 227.10 (1), unless the state epidemiologist determines and the secretary of health services declares under s. 250.04 (1) or (2) (a) that individuals who have HIV infections may, through employment, provide a significant risk of transmitting HIV to other individuals, no employer or agent of an employer may directly or indirectly:

103.15(2)(a) (a) Solicit or require an HIV test as a condition of employment of any employee or prospective employee.

103.15(2)(b) (b) Affect the terms, conditions or privileges of employment or terminate the employment of any employee who obtains an HIV test, as defined in s. 252.01 (2m).

103.15(3) (3) Any agreement by an employer or agent of the employer and an employee or prospective employee offering employment or any pay or benefit to an employee or prospective employee in return for taking an HIV test is prohibited, except as provided under sub. (2) (intro.).

103.15 History History: 1985 a. 29, 73; 1987 a. 70 ss. 1, 36; 1987 a. 403 s. 256; 1989 a. 201 ss. 6, 36; 1989 a. 225; 1993 a. 27; 1995 a. 27 s. 9126 (19); 2007 a. 20 s. 9121 (6) (a); 2009 a. 209.

103.15 Annotation A police and fire commission is an “employer” under this section and may not test paramedic candidates for the HIV virus. 77 Atty. Gen. 181.

103.15 Annotation The Rights of an AIDS Victim in Wisconsin. Smigelski. 70 MLR 55 (1986).

103.155 103.155 Mandatory training regarding human trafficking.

103.155(1) (1) Definitions. In this section:

103.155(1)(a) (a) “Campground” means a parcel or tract of land owned by a person, the state, or a local government that is designed, maintained, intended, or used for the purpose of providing campsites, offered with or without charge, for temporary overnight sleeping accommodations.

103.155(1)(b) (b) “Entity principal” means the owner of a lodging establishment or the main contact designated by the owner or organization to represent the owner.

103.155(1)(c) (c) “Human trafficking crimes” has the meaning given in s. 165.505 (1) (am).

103.155(1)(d) (d) “Lodging establishment” means any of the following:

103.155(1)(d)1. 1. A bed and breakfast establishment, as defined in s. 97.01 (1g).

103.155(1)(d)2. 2. A hotel or motel. In this subdivision, “hotel” or “motel” has the meaning given for “hotel” in s. 97.01 (7).

103.155(1)(d)3. 3. A tourist rooming house, as defined in s. 97.01 (15k).

103.155(1)(d)4. 4. A short-term rental, as defined in s. 66.0615 (1) (dk).

103.155(1)(d)5. 5. A campground.

103.155(1)(e) (e) “Site principal” means the person designated by an entity principal to oversee the day-to-day operations of a lodging establishment.

103.155(2) (2) Training.

103.155(2)(a) (a) Each employer shall provide training regarding identifying and preventing human trafficking crimes to employees who are likely to interact with the public and vulnerable individuals, as determined by the department. At a minimum, employers shall provide such training to all of their employees who are private security officers, public transit managers, and adult entertainment establishment managers. Owners of adult entertainment establishments are required to undergo the same training at the same intervals as managers employed at those entities.

103.155(2)(b) (b) Each entity principal shall provide training regarding identifying and preventing human trafficking crimes to employees who are likely to interact with the public and vulnerable individuals, as determined by the department. At a minimum, each entity principal shall provide such training to the site principal. Entity principals are required to undergo the same training at the same intervals as the site principal.

103.155(2)(c) (c) The training required under this section shall include at least all of the following:

103.155(2)(c)1. 1. The definitions of human trafficking and the commercial exploitation of children.

103.155(2)(c)2. 2. Guidance on how to identify individuals who are most at risk for human trafficking.

103.155(2)(c)3. 3. Guidance on how to identify the signs of human trafficking and how to identify individuals potentially engaged in the act of trafficking.

103.155(2)(c)4. 4. As relevant, the difference between labor trafficking and sex trafficking specific to the hotel and motel sector.

103.155(2)(c)5. 5. As relevant, guidance on the role of hospitality employees in reporting and responding to human trafficking.

103.155(2)(c)6. 6. The contact information of appropriate agencies, including the toll-free telephone number of the National Human Trafficking Hotline or the telephone numbers of the appropriate local law enforcement agencies.

103.155(2)(d) (d) The training required under this section shall be at least 20 minutes in length, in person or interactive, and shall be undergone or provided within 60 days of an individual becoming an entity principal, site principal, or owner of an adult entertainment establishment, or an employee being hired, and at least every 2 years thereafter.

103.155(2)(e) (e) Except for individuals who are required by law to report suspected human trafficking to law enforcement agencies, the failure to report a human trafficking case by an owner or employee who is trained as required under this section does not, by itself, result in the civil liability of any entity principal, site principal, owner, or employee to the human trafficking victim in the case in question or to any other party.

103.155(3) (3) Rules. The department shall promulgate rules to implement this section.

103.155(4) (4) Educational video. The department shall produce a training video regarding the subjects in sub. (2) (c) and make the video available to the public at no cost on the department’s website.

103.155 History History: 2023 a. 237; s. 35.17 correction in (1) (d) 2.

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

103.16 History History: 1975 c. 94 s. 91 (17); 1997 a. 253.

103.165 103.165 Employee’s cash bonds to be held in trust; duty of employer; penalty.

103.165(1) (1) Where any person requests any employee to furnish a cash bond, the cash constituting such bond shall not be mingled with the moneys or assets of such person demanding the same, but shall be deposited by such person in a bank, trust company, savings bank or savings and loan association doing business in this state whose deposits or shares are insured by a federal agency to the extent of $10,000, as a separate trust fund, and it shall be unlawful for any person to mingle such cash received as a bond with the moneys or assets of any such person, or to use the same. No employer shall deposit more than $10,000 with any one depository. The bank book, certificate of deposit or other evidence thereof shall be in the name of the employer in trust for the named employee, and shall not be withdrawn except after an accounting had between the employer and employee, said accounting to be had within 10 days from the time relationship is discontinued or the bond is sought to be appropriated by the employer. All interest or dividends earned by such sum deposited shall accrue to and belong to the employee and shall be turned over to said employee as soon as paid out by the depository. Such deposit shall at no time and in no event be subject to withdrawal except upon the signature of both the employer and employee or upon a judgment or order of a court of record.

103.165(2) (2) In the event of the failure of any person, such moneys on deposit shall constitute a trust fund for the benefit of the persons who furnished such bonds and shall not become the property of the assignee, receiver or trustee of such insolvent person.

103.165(3) (3) 

103.165(3)(a) (a) In case an employee who was required to give a cash bond dies before the cash bond is withdrawn in the manner provided in sub. (1), the accounting and withdrawal may be effected not less than 5 days after the employee’s death and before the filing of a petition for letters testamentary or other letters authorizing the administration of the decedent’s estate, by the employer with any of the following, in the following order:

103.165(3)(a)1. 1. The decedent’s surviving spouse or domestic partner under ch. 770.

103.165(3)(a)2. 2. The decedent’s children if the decedent leaves no surviving spouse or domestic partner under ch. 770.

103.165(3)(a)3. 3. The decedent’s father or mother if the decedent leaves no surviving spouse, domestic partner under ch. 770, or children.

103.165(3)(a)4. 4. The decedent’s brother or sister if the decedent leaves no surviving spouse, domestic partner under ch. 770, children, or parent.

103.165(3)(b) (b) The accounting and withdrawal under par. (a) shall be effected in the same manner and with like effect as if such accounting and withdrawal were accomplished by and between the employer and employee as provided in sub. (1).

103.165(3)(c) (c) The amount of the cash bond, together with principal and interest, to which the deceased employee would have been entitled had the deceased employee lived, shall, as soon as paid out by the depository, be turned over to the person designated under par. (a) effecting the accounting and withdrawal with the employer. The turning over shall be a discharge and release of the employer to the amount of the payment.

103.165(3)(d) (d) If no persons designated under par. (a) survive, the employer may apply the cash bond, or so much of the cash bond as may be necessary, to paying creditors of the decedent in the order of preference prescribed in s. 859.25 for satisfaction of debts by personal representatives. The making of payment under this paragraph shall be a discharge and release of the employer to the amount of the payment.

103.165(4) (4) Any person who violates this section shall be punished by a fine equal to the amount of the bond or by imprisonment for not less than 10 days nor more than 60 days, or both.

103.165 History History: 1991 a. 221; 1993 a. 486; 1995 a. 225; 2001 a. 102; 2005 a. 155 s. 40; Stats. 2005 s. 103.165; 2009 a. 28.

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

103.17 History History: 1993 a. 492; 1997 a. 253.

103.18 103.18 Threat or promise to influence vote. No person shall, by threatening to discharge a person from his or her employment or threatening to reduce the wages of a person or by promising to give employment at higher wages to a person, attempt to influence a qualified voter to give or withhold the voter’s vote at an election.