103.275(6)(a)(a) When a house-to-house employer obtains a stamp from a municipal clerk under
s. 103.25 (3m) (b), the house-to-house employer shall provide notice that a minor is or will be conducting a street trade for the house-to-house employer in the municipality to the following:
103.275(6)(a)1.
1. The local police department, if the municipality has a police department and a population of 2,500 or more.
103.275(6)(a)2.
2. To the office of the sheriff of the county where the municipality is located, if the municipality has no police department.
103.275(6)(a)3.
3. To the local police department or the office of the sheriff of the county where the municipality is located, if the municipality has a police department or a population greater than 2,500.
103.275(7)
(7) Suspension or revocation of certificate. 103.275(7)(a)(a) The department may investigate and hold hearings in connection with certificates issued under
sub. (2).
103.275(7)(b)
(b) Except as provided in
sub. (2) (bm) and
(br), after providing at least 10 days' notice to a house-to-house employer, the department may, on its own or upon a written and signed complaint, suspend the house-to-house employer's certificate. The department shall serve a copy of the complaint with notice of a suspension of the certificate on the person complained against, and the person shall file an answer to the complaint with the department and the complainant within 10 days after service. After receiving the answer, the department shall set the matter for hearing as promptly as possible and within 30 days after the date of filing the complaint. Either party may appear at the hearing in person or by attorney or agent. The department shall make its findings and determination concerning the suspension within 90 days after the date that the hearing is concluded and send a copy to each interested party.
103.275(7)(c)
(c) Except as provided in
sub. (2) (bm) and
(br), the department may revoke a certificate issued under
sub. (2) after holding a public hearing at a place designated by the department. At least 10 days prior to the revocation hearing, the department shall send written notice of the time and place of the revocation hearing to the person holding the certificate and to the person's attorney or agent of record by mailing the notice to their last-known address. The testimony presented and proceedings at the revocation hearing shall be recorded and preserved as the records of the department. The department shall, as soon after the hearing as possible, make its findings and determination concerning revocation and send a copy to each interested party.
103.275(7)(d)
(d) The department may suspend a certificate under
par. (b) only if it has reason to believe, or may revoke a certificate under
par. (c) only if it finds, that the house-to-house employer has done any of the following:
103.275(7)(d)1.
1. Submitted false information to the department in an application under
sub. (2) (a), if the information caused the department to issue the certificate when it would otherwise not have done so.
103.275(7)(d)3.
3. Failed to comply with the terms of a written disclosure statement under
sub. (4).
103.275(8)
(8) Exception. This section does not apply to the employment of a minor by a newspaper publisher or in a fund-raising sale for a nonprofit organization, a public school or a private school.
103.28(1)(1)
Sections 103.21 to
103.31 shall be enforced by the department. Police and school attendance officers of cities, towns, villages and school districts shall assist the department in enforcement by questioning minors seen on the streets engaged in street trades and reporting to the department all cases of minors apparently engaged in street trades in violation of
ss. 103.21 to
103.31.
103.28(2)
(2) The failure of an employer to produce for inspection by the department or any school attendance or police officer a permit required for a minor employed in street trades is prima facie evidence of unlawful employment of the minor.
103.28(3)
(3) The department may refer violations of
ss. 103.21 to
103.275 for prosecution by the department of justice or the district attorney for the county in which the violation occurred.
103.29(1)(1) Any employer who employs or permits the employment of any minor in street trades in violation of
ss. 103.21 to
103.31 or of any order issued thereunder or who hinders or delays the department or any school attendance or police officer in the performance of their duties under
ss. 103.21 to
103.31 may be required to forfeit not less than $25 nor more than $1,000 for each day of the first offense and, for the 2nd or subsequent violation of
ss. 103.21 to
103.31 within 5 years, as measured from the dates the violations initially occurred, may be fined not less than $250 nor more than $5,000 for each day of the 2nd or subsequent offense or imprisoned not more than 30 days or both.
103.29(2)
(2) In addition to the penalties under
sub. (1), any employer who employs any minor in violation of
s. 103.24 or
103.275 (1) or
(4) (b) or rules of the department shall be liable, in addition to the wages paid, to pay to each minor affected, an amount equal to twice the regular rate of pay as liquidated damages for all hours worked in violation per day or per week, whichever is greater.
103.30
103.30
Penalty on newspapers for allowing minors to loiter around premises. A newspaper publisher or printer or person having for sale newspapers or magazines shall not permit any minor under 18 years of age to loiter or remain around any premises where the newspapers or magazines are printed, assembled, prepared for sale or sold when the minor is required under
s. 118.15 to attend school. Any person violating this section is subject to the penalties specified in
s. 103.29.
103.31
103.31
Penalty on parent or guardian. Any parent or guardian who permits a minor under his or her control to be employed in violation of
ss. 103.21 to
103.31 or of any order of the department issued thereunder may be required to forfeit not less than $10 nor more than $250 for each day of the first offense and, for the 2nd or subsequent violation of
ss. 103.21 to
103.31 within 5 years, as measured from the dates the violations initially occurred, may be required to forfeit not less than $25 nor more than $1,000 for each day of the 2nd or subsequent offense.
103.31 History
History: 1971 c. 271;
1987 a. 332.
103.32
103.32
Recovery of arrears of wages. The department, on behalf of the minor, may sue the employer under
s. 109.09 for the recovery of any arrears of wages to which the minor is entitled under this chapter.
103.32 History
History: 1971 c. 271,
307;
1975 c. 380 s.
5.
103.33
103.33
Discriminatory acts; street trades. Section 111.322 (2m) applies to discharge and other discriminatory acts against an employee arising in connection with any proceeding under
s. 103.28 or
103.32.
103.33 History
History: 1989 a. 228.
103.35
103.35
Information required for licensure. No state office, department, board, examining board, affiliated credentialing board, commission, council or independent agency in the executive branch, the legislature or the courts may, as a condition for receiving an occupational or professional certificate, license, permit or registration, require the submission of information by the applicant which is not essential for the determination of eligibility for the issuance or renewal of the certificate, license, permit or registration. Information which is not essential to determine eligibility for issuance or renewal may be requested but the applicant shall be notified in a prominent place on or accompanying the request that she or he is not required to provide such information.
103.35 History
History: 1979 c. 34;
1993 a. 107.
103.37
103.37
Certain requirements to obtaining employment prohibited. 103.37(1m)(a)
(a) "Employee" means a person who may be permitted, required or directed by an employer, in consideration of direct or indirect gain or profit, to engage in any employment.
103.37(1m)(b)
(b) "Employer" means an individual, partnership, association, corporation, limited liability company, legal representative, trustee, receiver, trustee in bankruptcy, or any common carrier by rail, motor, water or air doing business in or operating within the state.
103.37(2m)
(2m) No employer may require any employee or applicant for employment to pay the cost of a medical examination required by the employer as a condition of employment.
103.37(4)
(4) Any employer who violates this section may be fined not more than $100 for each violation. The department shall enforce this section.
103.37 Annotation
The state, its political subdivisions, and the counties are not employers under this section. 69 Atty. Gen. 103.
103.38
103.38
Eight-hour work day; applicability. 103.38(1)
(1) Subject to
sub. (2), in all engagements to labor in any manufacturing or mechanical business if there is no express contract to the contrary, a day's work shall consist of 8 hours and all engagements or contracts for labor in a manufacturing or mechanical business shall be so construed.
103.38(2)
(2) Subsection (1) does not apply to any contract for labor by the week, month or year.
103.38 History
History: 1997 a. 253.
103.43
103.43
Fraudulent advertising for labor. 103.43(1)(a)(a) No person may influence, induce, persuade or attempt to influence, induce, persuade or engage a worker to change from one place of employment to another in this state or to accept employment in this state, and no person may bring a worker of any class or calling into this state to work in any department of labor in this state, through or by means of any false or deceptive representations, false advertising or false pretenses concerning or arising from any of the following:
103.43(1)(a)2.
2. The amount and character of the compensation to be paid for work.
103.43(1)(a)4.
4. The failure to state in any advertisement, proposal or contract for the employment that there is a strike or lockout at the place of the proposed employment, when a strike or lockout then actually exists in the employment at the proposed place of employment.
103.43(1)(b)
(b) Any of the acts described in
par. (a) shall be considered a false advertisement or misrepresentation for the purposes of this section.
103.43(1m)
(1m) A strike or lockout is considered to exist as long as any of the following conditions exists:
103.43(1m)(b)
(b) Unemployment on the part of workers affected continues.
103.43(1m)(c)
(c) Any payments of strike benefits are being made.
103.43(1m)(e)
(e) Publication is being made of the existence of a strike or lockout.
103.43(2)
(2) Any person who, by himself or herself, or by a servant or agent, or as the servant or agent of any other person, or as an officer, director, servant or agent of any firm, corporation, association or organization of any kind, violates
sub. (1) (a) shall be fined not more than $2,000 or imprisoned in the county jail for not more than one year or both.
103.43(3)
(3) Any worker who is influenced, induced or persuaded to engage with any person specified in
sub. (1) (a), through or by means of any of the acts prohibited in
sub. (1) (a), shall have a right of action for recovery of all damages that the worker sustains in consequence of the false or deceptive representation, false advertising or false pretenses used to induce the worker to change his or her place of employment in this state or to accept employment in this state, against any person, corporation, company or association, directly or indirectly, causing the damage. In addition to all actual damages that the worker may sustain, the worker shall be entitled to recover reasonable attorney fees as determined by the court, to be taxed as costs in any judgment recovered.
103.45
103.45
Time checks; penalty. All persons paying wages in time checks or paper, other than legal money, shall make those time checks or that paper payable in some designated place of business in the county in which the work was performed or at the office of the person paying the wages if within this state, or at any bank within this state. Any person failing to comply with this section shall be fined not less than $10 nor more than $100.
103.45 History
History: 1997 a. 253.
103.455
103.455
Deductions for faulty workmanship, loss, theft or damage. No employer may make any deduction from the wages due or earned by any employee, who is not an independent contractor, for defective or faulty workmanship, lost or stolen property or damage to property, unless the employee authorizes the employer in writing to make that deduction or unless the employer and a representative designated by the employee determine that the defective or faulty workmanship, loss, theft or damage is due to the employee's negligence, carelessness, or wilful and intentional conduct, or unless the employee is found guilty or held liable in a court of competent jurisdiction by reason of that negligence, carelessness, or wilful and intentional conduct. If any deduction is made or credit taken by any employer that is not in accordance with this section, the employer shall be liable for twice the amount of the deduction or credit taken in a civil action brought by the employee. Any agreement entered into between an employer and employee that is contrary to this section shall be void. In case of a disagreement between the 2 parties, the department shall be the 3rd determining party, subject to any appeal to the court.
Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding to recover a deduction under this section.
103.455 History
History: 1989 a. 228;
1997 a. 253.
103.455 Annotation
The consent of the employee may only serve as a basis for a deduction if it is given in writing after the loss and before the deduction. Donovan v. Schlesner,
72 Wis. 2d 74,
240 N.W.2d 135.
103.455 Annotation
Termination of an employee-at-will may have violated the public policy underlying this section. Wandry v. Bull's Eye Credit,
129 Wis. 2d 37,
384 N.W.2d 325 (1986).
103.455 Annotation
Commissions earned over and above a salary are wages under this section. The 6-year statute of limitations, under s. 893.43, applicable to claims for commissions applies to the recovery of deductions from commissions under this section. A claimant need not first bring a claim before DILHR if the employer has never given the employee an opportunity to contest the deductions. Erdman v. Jovoco, Inc.
181 Wis. 2d 736,
512 N.W.2d 487 (1994).
103.457
103.457
Listing deductions from wages. An employer shall state clearly on the employee's pay check, pay envelope, or paper accompanying the wage payment the amount of and reason for each deduction from the wages due or earned by the employee, except such miscellaneous deductions as may have been authorized by request of the individual employee for reasons personal to the employee. A reasonable coding system may be used by the employer.
103.457 History
History: 1993 a. 492.
103.46
103.46
Contracts; promises to withdraw from or not to join labor, employers' or cooperative organizations are void. Every undertaking or promise, whether written or oral, express or implied, constituting or contained in any of the following is declared to be contrary to public policy and wholly void and shall not afford any basis for the granting of any legal or equitable relief by any court:
103.46(1)
(1) A contract or agreement of hiring or employment between any employer and any employee or prospective employee, in which either party to the contract or agreement undertakes or promises not to join, become or remain a member of any labor organization or of any organization of employers, or in which either party to the contract or agreement undertakes or promises to withdraw from the employment relation if the party joins, becomes or remains a member of any labor organization or of any organization of employers.
103.46(2)
(2) A contract or agreement for the sale of agricultural, horticultural or dairy products between a producer of those products and a distributor or purchaser of those products, in which either party to the contract or agreement undertakes or promises not to join, become or remain a member of any cooperative association organized under
ch. 185 or of any trade association of the producers, distributors or purchasers of those products.
103.465
103.465
Restrictive covenants in employment contracts. A covenant by an assistant, servant or agent not to compete with his or her employer or principal during the term of the employment or agency, or after the termination of that employment or agency, within a specified territory and during a specified time is lawful and enforceable only if the restrictions imposed are reasonably necessary for the protection of the employer or principal. Any covenant, described in this subsection, imposing an unreasonable restraint is illegal, void and unenforceable even as to any part of the covenant or performance that would be a reasonable restraint.
103.465 History
History: 1995 a. 225;
1997 a. 253.
103.465 Annotation
A provision in an employer's profit sharing and retirement plan that calls for the forfeiture of benefits by employees who engage in competitive enterprises is valid and enforceable only if it meets the requirements of this section. Holsen v. Marshall & Ilsley Bank,
52 Wis. 2d 281,
190 N.W.2d 189.
103.465 Annotation
A provision of a pension plan denying benefits if the retired employee accepts any employment in the same industry without limit as to time or area is void. Estate of Schroeder,
53 Wis. 2d 59,
191 N.W.2d 860.
103.465 Annotation
This section, limiting the enforceability of covenants not to compete to those containing restrictions reasonably necessary for the protection of the employer or principal, incorporates the pre-existing structure of the common law, under which contracts in restraint of trade are viewed with disfavor. Behnke v. Hertz Corp.
70 Wis. 2d 818,
235 N.W.2d 690.
103.465 Annotation
A profit sharing plan that provided for forfeiture in the event that a covered employee works for a "competitive business" was construed to mean only businesses that seek out and appeal to the same customers and offer substantially identical services. Zimmerman v. Brennan,
78 Wis. 2d 510,
254 N.W.2d 719.
103.465 Annotation
Five basic requirements necessary to enforcement of a restrictive covenant are discussed. Chuck Wagon Catering, Inc. v. Raduege,
88 Wis. 2d 740,
277 N.W.2d 787 (1979).
103.465 Annotation
A covenant prohibiting an executive employee from contacting company clients with whom the employee had had no previous contact was not unreasonable per se. Hunter of Wisconsin, Inc. v. Hamilton,
101 Wis. 2d 460,
304 N.W.2d 752 (1981).
103.465 Annotation
A covenant not to compete is not automatically voided by the presence of unreasonable provision for liquidated damages. Whether specific restraints as to area and time are necessary to protect employer is a question of law to be resolved on basis of facts. Fields Foundation, Ltd. v. Christensen,
103 Wis. 2d 465,
309 N.W.2d 125 (Ct. App. 1981).
103.465 Annotation
An agreement requiring agents of an insurance company to forfeit their extended earnings if after termination they engaged in certain competitive practices was unenforceable. Streiff v. American Family Mut. Ins. Co.
118 Wis. 2d 602,
348 N.W.2d 505 (1984).
103.465 Annotation
Territorial limits in a restrictive covenant need not be expressed in geographical terms. General Medical Corp. v. Kobs,
179 Wis. 2d 422,
507 N.W.2d 381 (Ct. App. 1993).
103.465 Annotation
The interests of employers that may be protected by covenants are discussed. Wausau Medical Center v. Asplund,
182 Wis. 2d 274,
514 N.W.2d 34 (Ct. App. 1994).
