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. 103.14103.14 Grooming requirement; notification. Each employer shall, at the time of hiring, notify each employee about any hairstyle, facial hair or clothing requirement. 103.15103.15 Restrictions on use of an HIV test. 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)(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 AnnotationA 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 AnnotationThe Rights of an AIDS Victim in Wisconsin. Smigelski. 70 MLR 55 (1986).
103.155103.155 Mandatory training regarding human trafficking. 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)(d)(d) “Lodging establishment” means any of the following: 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)(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)(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 HistoryHistory: 2023 a. 237; s. 35.17 correction in (1) (d) 2. 103.16103.16 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 HistoryHistory: 1975 c. 94 s. 91 (17); 1997 a. 253. 103.165103.165 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)(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)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. 103.17103.17 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 HistoryHistory: 1993 a. 492; 1997 a. 253. 103.18103.18 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. 103.18 HistoryHistory: 1993 a. 492. 103.20 HistoryHistory: 1985 a. 29; 1985 a. 73 s. 8; 2017 a. 11. 103.21(1)(1) Every minor selling or distributing newspapers or magazines on the streets or other public place, or from house to house, is in an “employment” and an “employee,” and each independent news agency or (in the absence of all such agencies) each selling agency of a publisher or (in the absence of all such agencies) each publisher, whose newspapers or magazines the minor sells or distributes, is an “employer” of the minor. Every minor engaged in any other street trade is in an “employment” and an “employee,” and each person furnishing the minor articles for sale or distribution or regularly furnishing the minor material for blacking boots is the minor’s “employer”. 103.21(1g)(1g) “House-to-house employer” means an employer who employs minors, either directly or through an agent who need not be an employee of the employer, to conduct street trades from house to house through personal contact with prospective customers. 103.21(1r)(1r) “Municipality” means a city, village or town. 103.21(2)(2) “Nonprofit organization” means an organization described in section 501 (c) of the internal revenue code. 103.21(3)(3) “Permit officer” means any person designated by the department to issue street trade permits. 103.21(6)(6) “Street trade” means the selling, offering for sale, soliciting for, collecting for, displaying or distributing any articles, goods, merchandise, commercial service, posters, circulars, newspapers or magazines, or the blacking of boots, on any street or other public place or from house to house. 103.21 AnnotationThere can be no employment under sub. (1) between a publisher and a minor distributing newspapers without the publisher having actual or implied knowledge of the minor’s activities. Beard v. Lee Enterprises, Inc., 225 Wis. 2d 1, 591 N.W.2d 156 (1999), 96-3393. 103.22103.22 General standards and powers of the department. The general standards for the employment of minors set forth in s. 103.65 apply to the employment of minors in street trades, and in relation to that employment the department has the powers and duties specified in s. 103.66. Except as the department exercises those powers, the employment of minors in street trades shall be in accordance with ss. 103.23 to 103.31. 103.22 HistoryHistory: 1971 c. 271. 103.22 Cross-referenceCross-reference: See also ch. DWD 271, Wis. adm. code.
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