Ch. 106 Cross-reference
Cross Reference: See the definitions in s.
103.001.
APPRENTICE PROGRAMS
106.01
106.01
Designation of "indenture" and "apprentice". 106.01(1)(1) The term "apprentice" shall mean any person, 16 years of age or over, who shall enter into any contract of service, express or implied, whereby the person is to receive from or through the person's employer, in consideration for the person's services in whole or in part, instruction in any trade, craft or business.
106.01(2)
(2) Every contract or agreement entered into by an apprentice with an employer shall be known as an indenture; such indenture shall be in writing and shall be executed in triplicate, one copy of which shall be delivered to the apprentice, one to be retained by the employer and one to be filed with the department at Madison.
106.01(3)
(3) Any minor, 16 years of age or over, or any adult, may, by the execution of an indenture, bind himself or herself as hereinafter provided for a term of service not less than one year.
106.01(4)
(4) Every indenture shall be signed:
106.01(4)(b)
(b) If the apprentice has not reached age 18, also by the father or mother; and if both the father and mother are dead or legally incapable of giving consent, then
106.01(4)(d)
(d) If there is no parent or guardian with authority to sign then by a deputy of the department.
106.01(5)(b)
(b) The date of the birth of the person indentured.
106.01(5)(c)
(c) A statement of the trade, craft or business which the apprentice is to be taught, and the time at which the apprenticeship shall begin and end.
106.01(5)(d)
(d) An agreement stating the number of hours to be spent in work, and the number of hours to be spent in instruction. During the first 2 years of an apprenticeship, the apprentice's period of instruction shall be not less than 4 hours per week or the equivalent. If the apprenticeship is for a longer period than 2 years, the total hours of instruction shall be not less than 400 hours. The total number of hours of instruction and service shall not exceed 55 per week; provided, that nothing in this paragraph shall be construed to forbid overtime work as provided in
sub. (7) of this section.
106.01(5)(e)
(e) An agreement as to the processes, methods or plans to be taught, and the approximate time to be spent at each process, method or plan.
106.01(5)(f)
(f) A statement of the compensation to be paid the apprentice.
106.01(5)(g)
(g) An agreement that a certificate shall be given the apprentice at the conclusion of the apprentice's indenture, stating the terms of indenture.
106.01(5i)(a)(a) The proper persons described in
sub. (4) (a) to
(d) may enter into such an indenture with any organization of employes, association of employers or other similar responsible agency in this state. Such organization, association or other agency shall thereupon, with the written consent of the other parties to the indenture, and the written acceptance thereof by the proposed employer, assign the indenture to the proposed employer, and the proposed employer and the apprentice named in the indenture shall be bound by the terms thereof. Such consent and acceptance shall be executed in triplicate and one copy of each shall be delivered, respectively to the department, to the employer and to the apprentice and in each case shall be attached to the proper indenture. The approval of the department shall first be had in each transaction. Such organization, association or other agency shall have the exclusive right to assign the indenture and the apprentice shall not be permitted to enter into any other indenture. The period transpiring before assignment to an employer shall not be credited toward the period of apprenticeship.
106.01(5i)(b)
(b) Any employer may assign the employer's indenture, with the approval of the department and the written consent of the other parties thereto, to any association of employers, organization of employes or any other similar responsible agency in this state. The period of time in which such association, organization or other agency shall be such assignee shall not be credited as time served by the apprentice. After such assignment the association, organization or other agency shall, with the approval of the department and the written consent of the apprentice, assign the indenture to an employer but the apprentice shall not be bound by the assignment unless the employer accepts, by the employer's signed instruments, the terms of the indenture and that the employer will complete the employer's unperformed obligations thereunder; each such consent and acceptance shall be executed in triplicate and one of each, respectively, shall be delivered to the department, to the assignee employer and to the apprentice and in each case shall be attached to the proper indenture. Upon acceptance the employer shall for all purposes be deemed a party to the indenture.
106.01(5i)(c)
(c) Any employer, with the written consent, executed in triplicate, of the other parties to the indenture and the approval of the department, may assign such indenture to another employer whose written acceptance shall be upon the instrument of consent. One copy of such consent and acceptance shall be delivered, respectively, to the apprentice, to the assignee employer and to the department and shall in each case be attached to the indenture in their respective possessions. After assignment, the new employer shall perform the unperformed obligations of the indenture. The department shall continue to have jurisdiction over the indenture assigned pursuant to this subsection and the parties bound after such assignment.
106.01(5j)
(5j) The department may, and it shall have power on its own motion, or on the complaint of any person, after due notice and a hearing had, make findings and issue orders declaring any indenture, contract or agreement at an end if it shall be proved at such hearing that any apprentice, employer or such organization, association or other agency is unable to continue with the obligations under the contract or has breached the same. Upon the termination of the indenture, the apprentice released therefrom shall be free to enter into a new indenture under such conditions and terms as the department may approve and which are not inconsistent with this section.
106.01(5k)
(5k) The department shall, upon request, furnish a copy of any instrument required to be filed with it under this section, to any party whose name appears on such instrument.
106.01(6)
(6) The employer shall pay for the time the apprentice is receiving related instruction for no fewer hours than specified in
sub. (5) (d) at the same rate per hour as for services. Nothing herein shall prohibit an agreement between the parties requiring the apprentice to take additional instruction on the apprentice's own time in excess of the number of hours required by statute. Attendance at school shall be certified by the teacher in charge.
106.01(7)
(7) An apprentice may be allowed to work overtime. All time in excess of the hours of labor as limited to the particular craft, industry, or business and as to the particular employer, shall be considered overtime. For overtime the apprentice's rate of pay shall be increased by the same percentage as the journeyman's rate for overtime is increased in the same industry or establishment.
106.01(8)
(8) If either party to an indenture shall fail to perform any of the stipulations thereof, the nonperforming party shall forfeit not less than one dollar nor more than $100, such forfeiture to be collected on complaint of the department, and paid into the state treasury. Any indenture may be annulled by the department upon application of either party and good cause shown.
106.01(9)
(9) It shall be the duty of the department, and it shall have power, jurisdiction and authority, to investigate, ascertain, determine and fix such reasonable classifications and to issue rules and regulations, and general or special orders and to hold hearings and make findings and render orders thereon as shall be necessary to carry out the intent and purposes of
s. 106.01. Such hearings, investigations, classifications, findings and orders shall be made as provided in
s. 103.005 and the penalties specified in
s. 103.005 (12) shall apply to and be imposed for any violations of
s. 106.01, excepting as to the penalties provided in
s. 106.01 (8). Said orders shall be subject to review in the manner provided in
ch. 227.
106.01(10)
(10) It shall be the duty of all school officers and public school teachers to cooperate with the department and employers of apprentices to furnish, in a public school or any school supported in whole or in part by public moneys, such instruction as may be required to be given apprentices.
106.01 Annotation
Department was necessary party to action by city employe for allegedly discriminatory annulment of apprentice indenture. Tillman v. City of Milwaukee, 715 F (2d) 354 (1983).
106.02
106.02
Carpenters' apprentices. After July 1, 1943, every person, regardless of age, commencing a carpentry apprenticeship, shall be indentured under and be subject to
s. 106.01, except that if the apprentice is 18 years or more of age the apprentice's signature only shall be necessary to bind the apprentice. Such apprenticeship shall be for a period of 4 years, except that the department may upon the application of the apprentice or the employer, or both, extend such term for not to exceed one year.
106.02 History
History: 1971 c. 213 s.
5;
1993 a. 492.
106.025
106.025
Plumber apprenticeships. 106.025(1)
(1) The department may prescribe the conditions under which a person may serve a plumbing apprenticeship, as to preliminary and technical college attendance requirements, and the credit for school attendance in serving the apprenticeship.
106.025(2)
(2) Every person commencing a plumbing apprenticeship shall be indentured under
s. 106.01. The term of a plumbing apprentice is 5 years, but the department may upon application of the apprentice, the apprentice's employer or both extend the term for up to one additional year.
106.025(3)
(3) After the expiration of an apprenticeship term, no apprentice may engage in the business of plumbing either as an apprentice or as a journeyman plumber unless the apprentice secures a journeyman plumber's license. In case of failure to pass the examination for the license, he or she may continue to serve as an apprentice but not beyond the time for reexamination for a journeyman plumber's license, as prescribed by the rules of the department.
106.025(4)
(4) In order that the apprentice may qualify at the end of apprenticeship as a skilled mechanic in the art of installing plumbing work, the department may prescribe the level of supervision of an apprentice and the character of plumbing work that the apprentice may do during the 3rd year of the apprenticeship term. An apprentice in the 4th or 5th year of the apprenticeship term may install plumbing under the direction or supervision of a master or journeyman plumber without either the master or journeyman being physically present, provided that the master plumber in charge shall be responsible for the work.
106.03
106.03
Real estate apprenticeships excluded. This chapter shall not apply to apprenticeships under
ch. 452.
EMPLOYMENT PROGRAMS
106.04(1)(1)
Intent. It is the intent of this section to render unlawful discrimination in housing. It is the declared policy of this state that all persons shall have an equal opportunity for housing regardless of sex, race, color, sexual orientation, disability, religion, national origin, marital status, family status, lawful source of income, age or ancestry and it is the duty of the political subdivisions to assist in the orderly prevention or removal of all discrimination in housing through the powers granted under
ss. 66.432 and
66.433. The legislature hereby extends the state law governing equal housing opportunities to cover single-family residences which are owner-occupied. The legislature finds that the sale and rental of single-family residences constitute a significant portion of the housing business in this state and should be regulated. This section shall be deemed an exercise of the police powers of the state for the protection of the welfare, health, peace, dignity and human rights of the people of this state.
106.04(1m)(ad)
(ad) "Advertise" means to publish, circulate, issue or display, or cause to be published, circulated, issued or displayed, any communication, notice, advertisement or sign in connection with the sale, financing or rental of housing.
106.04(1m)(am)
(am) "Age", in reference to a member of a protected class, means at least 18 years of age.
106.04(1m)(b)
(b) "Aggrieved person" means a person who claims to have been injured by discrimination in housing or believes that he or she will be injured by discrimination in housing that is about to occur.
106.04(1m)(c)
(c) "Complainant" means a person who files a complaint alleging discrimination in housing or public place of accommodation or amusement.
106.04(1m)(d)
(d) "Conciliation" means the attempted resolution of issues raised by a complaint or by the investigation of the complaint, through informal negotiations involving the aggrieved person, the complainant, the respondent and the department.
106.04(1m)(g)
(g) "Disability" means a physical or mental impairment that substantially limits one or more major life activities, a record of having such an impairment or being regarded as having such an impairment. "Disability" does not include the current illegal use of a controlled substance, as defined in
s. 961.01 (4), or a controlled substance analog, as defined in
s. 961.01 (4m), unless the individual is participating in a supervised drug rehabilitation program.
106.04(1m)(h)
(h) "Discriminate" means to segregate, separate, exclude or treat a person or class of persons unequally in a manner described in
sub. (2),
(2m) or
(2r) because of sex, race, color, sexual orientation, disability, religion, national origin, marital status, family status, lawful source of income, age or ancestry.
106.04(1m)(i)
(i) "Dwelling unit" means a structure or that part of a structure that is used or intended to be used as a home, residence or sleeping place by one person or by 2 or more persons who are maintaining a common household, to the exclusion of all others.
106.04(1m)(k)
(k) "Family status" means any of the following conditions that apply to a person seeking to rent or purchase housing or to a member or prospective member of the person's household regardless of the person's marital status:
106.04(1m)(k)2.
2. A person is in the process of securing sole or joint legal custody, periods of physical placement or visitation rights of a minor child.
106.04(1m)(k)3.
3. A person's household includes one or more minor or adult relatives.
106.04(1m)(k)4.
4. A person's household includes one or more adults or minor children in his or her legal custody or physical placement or with whom he or she has visitation rights.
106.04(1m)(k)5.
5. A person's household includes one or more adults or minor children placed in his or her care under a court order, under a guardianship or with the written permission of a parent or other person having legal custody of the adult or minor child.
106.04(1m)(km)
(km) "Hardship condition" means a situation under which a tenant in housing for older persons has legal custody or physical placement of a minor child or a minor child is placed in the tenant's care under a court order, under a guardianship or with the written permission of a parent or other person having legal custody of the minor child.
106.04(1m)(L)
(L) "Housing" means any improved property, or any portion thereof, including a mobile home as defined in
s. 66.058 (1) (d) or condominium, that is used or occupied, or is intended, arranged or designed to be used or occupied, as a home or residence. "Housing" includes any vacant land that is offered for sale or rent for the construction or location thereon of any building, structure or portion thereof that is used or occupied, or is intended, arranged or designed to be used or occupied, as a home or residence.
106.04(1m)(m)
(m) "Housing for older persons" means any of the following:
106.04(1m)(m)1.
1. Housing provided under any state or federal program that the secretary determines is specifically designed and operated to assist elderly persons, as defined in the state or federal program.
106.04(1m)(m)2.
2. Housing solely intended for, and solely occupied by, persons 62 years of age or older.
106.04(1m)(m)3.
3. Housing primarily intended and primarily operated for occupancy by at least one person 55 years of age or older per dwelling unit.
106.04(1m)(mm)
(mm) "Interested person" means an adult relative or friend of a member of a protected class, or an official or representative of a private agency, corporation or association concerned with the welfare of a member of a protected class.
106.04(1m)(n)
(n) "Lodging establishment" means any of the following:
106.04(1m)(nm)
(nm) "Member of a protected class" means a group of natural persons, or a natural person, who may be categorized based on one or more of the following characteristics: sex, race, color, disability, sexual orientation as defined in
s. 111.32 (13m), religion, national origin, marital status, family status, lawful source of income, age or ancestry.
106.04(1m)(om)
(om) "Political subdivision" means a city, village, town or county.
106.04(1m)(p)1.1. "Public place of accommodation or amusement" shall be interpreted broadly to include, but not be limited to, places of business or recreation; lodging establishments; restaurants; taverns; barber or cosmetologist, aesthetician, electrologist or manicuring establishments; nursing homes; clinics; hospitals; cemeteries; and any place where accommodations, amusement, goods or services are available either free or for a consideration, subject to
subd. 2.
106.04(1m)(p)2.
2. "Public place of accommodation or amusement" does not include a place where a bona fide private, nonprofit organization or institution provides accommodations, amusement, goods or services during an event in which the organization or institution provides the accommodations, amusement, goods or services to the following individuals only:
106.04(1m)(q)
(q) "Relative" means a parent, grandparent, greatgrandparent, stepparent, step grandparent, brother, sister, child, stepchild, grandchild, step grandchild, greatgrandchild, first cousin, 2nd cousin, nephew, niece, uncle, aunt, stepbrother, stepsister, half brother or half sister or any other person related by marriage, consanguinity or affinity.
106.04(1m)(r)
(r) "Rent" means to lease, to sublease, to let or to otherwise grant for a consideration the right of a tenant to occupy housing not owned by the tenant.
106.04(1m)(s)
(s) "Respondent" means the person accused in a complaint or amended complaint of discrimination in housing and any other person identified in the course of an investigation as allegedly having discriminated in housing or in providing a public place of accommodation or amusement.
