108.01(3)
(3) A gradual and constructive solution of the unemployment problem along these lines has become an imperative public need.
108.01 History
History: 1989 a. 77.
108.01 Annotation
Effects of unemployment compensation proceedings on related labor litigation. Mazurak, 64 MLR 133 (1980).
108.015
108.015
Construction. Unless the department otherwise provides by rule,
s. 108.02 (26) shall be interpreted consistently with
26 USC 3306 (b).
108.015 History
History: 1991 a. 89.
108.02
108.02
Definitions. As used in this chapter:
108.02(1)
(1) Administrative account. "Administrative account" means the account established in
s. 108.20.
108.02(2)
(2) Agricultural labor. "Agricultural labor" means service performed:
108.02(2)(a)
(a) On a farm, in the employ of any person, in connection with cultivating the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, bees, poultry, and fur-bearing animals and wildlife.
108.02(2)(b)
(b) In the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, conservation, improvement, or maintenance of such farm and its tools and equipment, or in salvaging timber or clearing land of brush and other debris left by a hurricane, if the major part of such service is performed on a farm.
108.02(2)(c)
(c) In connection with the production or harvesting of any commodity defined as an agricultural commodity in s. 15 (g) of the federal agricultural marketing act, as amended (46 Stat. 1550, s. 3;
12 USC 1141j) or in connection with the ginning of cotton, or in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways, not owned or operated for profit, used exclusively for supplying and storing water for farming purposes.
108.02(2)(d)
(d) In the employ of the operator of a farm in handling, planting, drying, packing, packaging, processing, freezing, grading, storing, or delivering to storage or to market or to a carrier for transportation to market, in its unmanufactured state, any agricultural or horticultural commodity; but only if such operator produced more than one-half of the commodity with respect to which such service is performed.
108.02(2)(dm)
(dm) In the employ of a group of operators of farms (or a cooperative organization of which such operators are members) in the performance of service described in
par. (d), but only if such operators produced more than one-half of the commodity with respect to which such service is performed.
108.02(2)(dn)
(dn) The provisions of
pars. (d) and
(dm) shall not be deemed to be applicable with respect to service performed in connection with commercial canning or commercial freezing or in connection with any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption.
108.02(2)(e)
(e) As used in this subsection, the term "farm" includes stock, dairy, poultry, fruit, fur-bearing animal, and truck farms, plantations, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities, and orchards.
108.02(4)
(4) Base period. An employe's "base period" means the period consisting of the first 4 of the 5 most recently completed quarters preceding the employe's benefit year, which is used to compute his or her benefit rights for that year under
s. 108.06.
108.02(4m)
(4m) Base period wages. "Base period wages" means:
108.02(4m)(a)
(a) All payments for wage-earning service made to an employe during his or her base period as a result of employment for an employer;
108.02(4m)(b)
(b) All sick pay which is paid directly by an employer to an employe at the employe's usual rate of pay during his or her base period as a result of employment for an employer;
108.02(4m)(c)
(c) All holiday, vacation and termination pay which is paid to an employe during his or her base period as a result of employment for an employer;
108.02(4m)(d)
(d) For an employe who, as a result of employment for an employer, receives temporary total disability or temporary partial disability payments under
ch. 102 or under any federal law which provides for payments on account of a work-related injury or illness analogous to those provided under
ch. 102, all payments that the employe would have been paid during his or her base period as a result of employment for an employer, but not exceeding the amount that, when combined with other wages, the employe would have earned but for the injury or illness;
108.02(4m)(e)
(e) Back pay that an employe would have been paid during his or her base period as a result of employment for an employer, if the payment of such back pay is made no later than the end of the 104-week period beginning with the earliest week to which such pay applies; and
108.02(4m)(f)
(f) All wages that an employer was legally obligated to pay in an employe's base period but failed to pay, or was prohibited from paying as a result of an insolvency proceeding under
ch. 128 or as a result of a bankruptcy proceeding under
11 USC 101 et seq.
108.02(5)
(5) Benefit year. "Benefit year" means the 52-week period beginning with a valid new claim week for which an employe's benefit rights are computed under
s. 108.06, except that the "benefit year" of an employe who files consecutive claims shall be extended to 53 weeks whenever necessary to avoid utilizing the same quarter as a part of the base period for 2 successive benefit years.
108.02(6)
(6) Benefits. "Benefits" means the money allowance payable to an employe as compensation for the employe's wage losses due to unemployment as provided in this chapter.
108.02(7)
(7) Commission. "Commission" means the labor and industry review commission.
108.02(8)
(8) Computation date. "Computation date" means that date as of the close of which the department computes reserve percentages and determines contribution rates for the next calendar year. The computation date shall be June 30, starting in 1963.
108.02(10)
(10) Department. "Department" means the department of industry, labor and job development.
108.02 Note
NOTE: 1995 Wis. Act 289, s.
275, authorizes the department of industry, labor and job development to use the name "department of workforce development" for any official purpose.
108.02(10e)
(10e) Departmental error. "Departmental error" means an error made by the department in computing or paying benefits which results from:
108.02(10e)(a)
(a) A mathematical mistake, miscalculation, misapplication or misinterpretation of the law or mistake of evidentiary fact, whether by commission or omission; or
108.02(10e)(b)
(b) Misinformation provided to a claimant by the department, on which the claimant relied.
108.02(10m)
(10m) Educational service agency. "Educational service agency" means a governmental entity which is established and operated exclusively for the purpose of providing services to one or more educational institutions.
108.02(11)
(11) Eligibility. An employe shall be deemed "eligible" for benefits for any given week of the employe's unemployment unless the employe is disqualified by a specific provision of this chapter from receiving benefits for such week of unemployment, and shall be deemed "ineligible" for any week to which such a disqualification applies.
108.02(12)(a)(a) "Employe" means any individual who is or has been performing services for an employing unit, in an employment, whether or not the individual is paid directly by such employing unit; except as provided in
par. (b),
(c) or
(d).
108.02(12)(b)
(b) Paragraph (a) does not apply to an individual performing services in a capacity other than as a contract operator with a carrier or as a skidding operator or piece cutter with a forest products manufacturer or a logging contractor, if the employing unit satisfies the department that:
108.02(12)(b)1.a.
a. Holds or has applied for an employer identification number with the federal internal revenue service; or
108.02(12)(b)1.b.
b. Has filed business or self-employment income tax returns with the federal internal revenue service based on such services in the previous year; and
108.02(12)(b)2.
2. The individual meets 6 or more of the following conditions:
108.02(12)(b)2.a.
a. The individual maintains a separate business with his or her own office, equipment, materials and other facilities.
108.02(12)(b)2.b.
b. The individual operates under contracts to perform specific services for specific amounts of money and under which the individual controls the means and method of performing the services.
108.02(12)(b)2.c.
c. The individual incurs the main expenses related to the services that he or she performs under contract.
108.02(12)(b)2.d.
d. The individual is responsible for the satisfactory completion of the services that he or she contracts to perform and is liable for a failure to satisfactorily complete the services.
108.02(12)(b)2.e.
e. The individual receives compensation for services performed under a contract on a commission or per-job or competitive-bid basis and not on any other basis.
108.02(12)(b)2.f.
f. The individual may realize a profit or suffer a loss under contracts to perform services.
108.02(12)(b)2.g.
g. The individual has recurring business liabilities or obligations.
108.02(12)(b)2.h.
h. The success or failure of the individual's business depends on the relationship of business receipts to expenditures.
108.02(12)(c)
(c) Paragraph (a) does not apply to an individual performing services for an employing unit in a capacity as a contract operator with a carrier or as a skidding operator or piece cutter with a forest products manufacturer or a logging contractor if the employing unit satisfies the department:
108.02(12)(c)1.
1. That such individual has been and will continue to be free from the employing unit's control or direction over the performance of his or her services both under his or her contract and in fact; and
108.02(12)(c)2.
2. That such services have been performed in an independently established trade, business or profession in which the individual is customarily engaged.
108.02(12)(d)
(d) Paragraph (a) does not apply to a contractor who, in fulfillment of a contract with an employing unit, employs any individual in employment for which the contractor is subject to the contribution or reimbursement provisions of this chapter.
108.02(12)(e)
(e) This subsection shall be used in determining an employing unit's liability under the contribution provisions of this chapter, and shall likewise be used in determining the status of claimants under the benefit provisions of this chapter.
108.02(12)(f)
(f) The department may promulgate rules to ensure the consistent application of this subsection.
108.02(12m)
(12m) Employe service company. "Employe service company" means a leasing company or temporary help service which contracts with clients or customers to supply individuals to perform services for the client or customer and which, both under contract and in fact:
108.02(12m)(a)
(a) Negotiates with clients or customers for such matters as time, place, type of work, working conditions, quality, and price of the services;
108.02(12m)(b)
(b) Determines assignments or reassignments of individuals to its clients or customers, even if the individuals retain the right to refuse specific assignments;
108.02(12m)(c)
(c) Sets the rate of pay of the individuals, whether or not through negotiation;
108.02(12m)(d)
(d) Pays the individuals from its account or accounts; and
108.02(12m)(e)
(e) Hires and terminates individuals who perform services for the clients or customers.
108.02(13)(a)(a) "Employer" means every government unit and any person, association, corporation, whether domestic or foreign, or legal representative, debtor in possession or trustee in bankruptcy or receiver or trustee of a person, partnership, association or corporation, or guardian of the estate of a person, or legal representative of a deceased person, any partnership or partnerships consisting of the same partners, except as provided in
par. (L), any limited liability company or limited liability companies consisting of the same members, except as provided in
par. (kL), and any fraternal benefit society as defined in
s. 614.01 (1) (a), which is subject to this chapter under the statutes of 1975, or which has had employment in this state and becomes subject to this chapter under this subsection and, notwithstanding any other provisions of this section, any service insurance corporation organized or operating under
ch. 613.
108.02(13)(b)
(b) Any employing unit which is a nonprofit organization shall become an employer as of the beginning of any calendar year if it employed as many as 4 individuals in employment for some portion of a day on at least 20 days, each day being in a different calendar week, whether or not such weeks were consecutive, in either that year or the preceding calendar year.
108.02(13)(c)1.1. Any employing unit which employes an individual in agricultural labor shall become an employer as of the beginning of any calendar year if the employing unit paid or incurred a liability to pay cash wages for agricultural labor which totaled $20,000 or more during any quarter in either that year or the preceding calendar year, or if the employing unit employed as many as 10 individuals in some agricultural labor for some portion of a day on at least 20 days, each day being in a different calendar week, whether or not such weeks were consecutive, in either that year or the preceding calendar year.
108.02(13)(c)2.
2. For the purpose of this paragraph any individual who is a member of a crew furnished by a crew leader to perform service in agricultural labor for any other person shall be an employe of such crew leader if:
108.02(13)(c)2.a.
a. Such crew leader holds a valid certificate of registration under the federal farm labor contractor registration act of 1963; or substantially all the members of such crew operate or maintain tractors, mechanized harvesting or cropdusting equipment, or any other mechanized equipment which is provided by such crew leader; and
108.02(13)(c)3.
3. For the purposes of this paragraph, if any individual who is furnished by a crew leader to perform service in agricultural labor is not an employe of the crew leader under
subd. 2., such other person, and not the crew leader, is the employer of that individual and the other person shall be considered to have paid or incurred liability to pay cash remuneration to the individual in an amount equal to the amount of cash remuneration paid or payable to the individual by the crew leader, either on behalf of the crew leader or such other person, for the service in agricultural labor performed for such other person.
108.02(13)(c)4.
4. For the purpose of this paragraph, "crew leader" means an individual who furnishes individuals to perform service in agricultural labor for any other person, pays on behalf of himself or herself or on behalf of such other person the individuals so furnished to perform such labor, and has not entered into a written agreement with such other person under which he or she is designated as an employe of such other person.
108.02(13)(d)
(d) Any employing unit of an individual or individuals in domestic service shall become an employer as of the beginning of any calendar year if the employer paid or incurred liability to pay cash wages of $1,000 or more during any quarter in either that year or the preceding calendar year for such domestic service.
108.02(13)(e)
(e) Any other employing unit, except a government unit, shall become an employer as of the beginning of any calendar year if the employing unit:
108.02(13)(e)1.
1. Paid or incurred liability to pay wages for employment which totaled $1,500 or more during any quarter in either that year or the preceding calendar year; or
108.02(13)(e)2.
2. Employed at least one individual in some employment in each of 20 or more calendar weeks in either that year or the preceding calendar year, whether or not the same individual was in employment in each such week and whether or not such weeks were consecutive; except that
108.02(13)(e)3.
3. Wages and employment for agricultural labor which meets the conditions of
par. (c) shall be counted under this paragraph, but wages and employment for domestic service shall not be so counted except as
par. (i) applies.
108.02(13)(f)
(f) Any employing unit which is subject to the federal unemployment tax act for any calendar year, or which, as a condition for approval of this chapter for full tax credit against the tax imposed by the federal unemployment tax act, is required, pursuant to such act, the social security act, or any other federal law, to be an employer, shall become an employer as of the beginning of such calendar year.
108.02(13)(g)
(g) Any employing unit which succeeds to the business of any employer shall become an employer as provided in
s. 108.16 (8).
108.02(13)(h)
(h) Any employing unit which files with the department a written election to become an "employer" for not less than 2 calendar years may become an "employer" if the department approves the election in writing, as of the date and under the conditions stated in the approved election.
108.02(13)(h)1.
1. The department may refuse to approve any such election in the interest of the proper administration of this chapter. The department shall not approve any such election by a nonprofit organization unless the employing unit also elects reimbursement financing in accordance with
s. 108.151 (2), and shall terminate such election under this chapter if the election of reimbursement financing is terminated under
s. 108.151 (3). The department may at any time by written notice to the employer terminate an election in the interest of the proper administration of this chapter.
108.02(13)(h)2.
2. Notwithstanding
par. (i), an electing employer may terminate the election no earlier than 2 calendar years after the election and thereby cease to be an employer at the close of any week which ends after the month in which the employer files a written notice to that effect with the department if the employer is not then subject to this chapter under
pars. (b) to
(g).
108.02(13)(i)
(i) An "employer" shall cease to be subject to this chapter only upon department action terminating coverage of such employer. The department may terminate an "employer's" coverage, on its own motion or on application by the "employer", by mailing a notice of termination to the "employer's" last-known address. An employer's coverage may be terminated whenever the employer ceased to exist, transferred its entire business, or would not otherwise be subject under any one or more of
pars. (b) to
(g). If any employer of agricultural labor or domestic service work becomes subject to this chapter under
par. (c) or
(d), with respect to such employment, and such employer is otherwise subject to this chapter with respect to other employment, the employer shall continue to be covered with respect to agricultural labor or domestic service or both while the employer is otherwise subject to this chapter, without regard to the employment or wage requirements under
par. (c) or
(d). If a termination of coverage is based on an employer's application, it shall be effective as of the close of the quarter in which the application was filed. Otherwise, it shall be effective as of the date specified in the notice of termination.
108.02(13)(j)
(j) "Employer" includes a person who pays wages to an individual on account of sickness or accident disability if the person is classified as an "employer" under rules promulgated by the department. If the person is so classified, no other person is an "employer" by reason of making such payments.
108.02(13)(kL)
(kL) "Employer" means all limited liability companies consisting of the same members except that "employer" means each limited liability company consisting of the same members if:
108.02(13)(kL)1.
1. Each limited liability company maintains separate accounting records;
108.02(13)(kL)2.
2. Each limited liability company otherwise qualifies as an "employer" under this subsection;
108.02(13)(kL)3.
3. Each limited liability company files a written request with the department to be treated as an "employer"; and
