106.58 Discrimination in education prohibited.
Ch. 106 Cross-reference
Cross-reference: See the definitions in s.
103.001.
APPRENTICE PROGRAMS
Subch. I of ch. 106 Cross-reference
Cross-reference: See also chs.
DWD 295 and
296, Wis. adm. code.
106.001
106.001
Definitions. In this subchapter:
106.001(1)
(1) "Apprentice" means any person who enters into an apprentice contract with the department and with a sponsor or an apprenticeship committee acting as the agent of a sponsor.
106.001(2)
(2) "Apprentice contract" means any contract or agreement of service, express or implied, between an apprentice, the department, and a sponsor or an apprenticeship committee acting as the agent of a sponsor whereby an apprentice is to receive from or through the apprentice's employer, in consideration for the apprentice's services in whole or in part, instruction in any trade, craft, or business.
106.001(2m)
(2m) "Apprenticeship committee" means a joint apprenticeship committee or a nonjoint apprenticeship committee designated by a sponsor to administer an apprenticeship program.
106.001(4)
(4) "Apprenticeship program" means a program approved by the department providing for the employment and training of apprentices in a trade, craft, or business that includes a plan containing all of the terms and conditions for the qualification, recruitment, selection, employment, and training of apprentices as required under this subchapter, including the apprentice contract requirements under
s. 106.01.
106.001(5)
(5) "Employer" means any person employing an apprentice, whether or not the person is a party to an apprentice contract with the apprentice.
106.001(6)
(6) "Joint apprenticeship committee" means an apprenticeship committee that consists of an equal number of representatives of employers and of representatives of employees who are represented by a collective bargaining agent.
106.001(7)
(7) "Nonjoint apprenticeship committee" means an apprenticeship committee that consists of representatives of employers, but not of representatives of employees who are represented by a collective bargaining agent.
106.001(8)
(8) "Sponsor" means any employer, organization of employees, association of employers, committee, or other person operating an apprenticeship program and in whose name the apprenticeship program is approved by the department.
106.001 History
History: 1999 a. 83;
2009 a. 291.
106.01
106.01
Apprentice contracts. 106.01(1)
(1)
Formation of apprentice contract. Any person 16 years of age or over may enter into an apprentice contract binding himself or herself to serve as an apprentice as provided in this section. Except as provided in
ss. 106.02,
106.025, and
106.03, the term of service of an apprenticeship shall be for not less than one year. Every apprentice contract shall be in writing and shall be signed by the apprentice, the department, and the sponsor or an apprenticeship committee acting as the agent of the sponsor. If the apprentice has not reached 18 years of age, the apprentice contract shall also be signed by one of the apprentice's parents or, if both parents are deceased or legally incapable of giving consent, by the guardian of the apprentice or, if there is no guardian, by a deputy of the department. The department shall specify the provisions that are required to be included in an apprentice contract by rule promulgated under
sub. (11).
106.01(5m)
(5m) Assignment of apprentice contract. 106.01(5m)(a)(a) Upon entering into an apprentice contract, a sponsor that is not the proposed employer of the apprentice, or an apprenticeship committee that is acting as the agent of a sponsor, shall, with the acceptance of the apprentice contract by the proposed employer, assign the apprentice contract to the proposed employer, and the proposed employer and the apprentice named in the assignment shall be bound by the terms of the apprentice contract.
106.01(5m)(b)
(b) The department shall furnish a copy of an acceptance described in
par. (a) to each party that has signed the apprentice contract. A sponsor or apprenticeship committee that enters into an apprentice contract shall have the exclusive right to assign or reassign the apprentice contract to another sponsor, and the apprentice shall not be permitted to enter into any other apprentice contract. The period transpiring before assignment to an employer or reassignment to another employer shall not be credited toward the term of apprenticeship. The approval of the department is required in each transaction.
106.01(5m)(c)
(c) A sponsor or apprenticeship committee that enters into an apprentice contract may reassign the apprentice contract to a different employer, but the apprentice shall not be bound by a reassignment unless that employer accepts the terms of the apprentice contract and agrees to perform the unperformed obligations of the apprentice contract. After a reassignment, the new employer shall perform the unperformed obligations of the apprentice contract. The department shall continue to have jurisdiction over an apprentice contract reassigned under this paragraph and the parties bound after the reassignment.
106.01(5p)
(5p) Termination of apprentice contract. The department, on its own motion or on the complaint of any person, and after due notice, investigation, and, if requested by the apprentice, employer, or sponsor, a hearing under
sub. (9), may make findings and issue an order terminating an apprentice contract if it is proved that any apprentice, employer, or sponsor that is a party to the apprentice contract is unable to continue with the obligations under the apprentice contract or has breached the apprentice contract. Upon termination of the apprentice contract, the released apprentice may enter into a new apprentice contract under any terms and conditions approved by the department that are consistent with this section.
106.01(6)(a)(a) An employer shall pay an apprentice for the time that the apprentice is receiving related instruction as provided in this paragraph. An employer shall pay an apprentice for not less than the number of hours of related instruction specified in
par. (b) or the number of hours of related instruction specified in the apprentice contract, whichever is greater, at the same rate per hour as the employer pays the apprentice for services performed.
106.01(6)(b)
(b) During the first 2 years of an apprenticeship, the sponsor shall provide for the apprentice not less than 144 hours per year of related instruction. If the apprenticeship is for longer than 2 years, the sponsor shall provide for the apprentice not less than a total of 400 hours of related instruction over the term of the apprenticeship. If the apprentice is receiving classroom instruction, the sponsor shall provide for the apprentice not less than 4 hours of related instruction or the equivalent during each week that the school providing the classroom instruction is in session. The total number of hours of related instruction and work that a sponsor may assign to an apprentice may not exceed 55 per week, except that nothing in this paragraph shall be construed to forbid overtime work as provided in
sub. (7).
106.01(6)(c)
(c) This subsection does not 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 under
par. (b) or the apprentice contract, whichever is greater.
106.01(6)(d)
(d) The provider of related instruction to an apprentice shall submit reports on the grades and attendance of the apprentice to the department and the sponsor in accordance with standards set by the department.
106.01(6)(e)
(e) All school officers and public school teachers shall cooperate with the department and employers and sponsors of apprentices to furnish, in a public school or any school supported in whole or in part by public moneys, any related instruction that may be required to be given apprentices.
106.01(7)
(7) Overtime. An apprentice may be allowed to work overtime. All time in excess of the hours of labor that are paid at an employee's regular rate of pay in the particular craft, industry, or business and by the particular employer shall be considered overtime. An apprentice's rate of pay for overtime shall be increased by the same percentage as the journey worker's, rate of pay for overtime is increased in the same industry or establishment.
106.01(8)
(8) Nonperformance of apprentice contract. If the apprentice or sponsor that is a party to an apprentice contract or an assignee employer fails to perform any of the stipulations of the apprentice contract, the apprentice, sponsor, or assignee employer may be required to forfeit not less than $100 nor more than $1,000, which is to be collected on complaint of the department and paid into the state treasury. In addition, the department may terminate an apprentice contract under
sub. (5p) upon application of any party and for good cause shown.
106.01(9)
(9) Authority of department. The department may investigate, fix reasonable classifications, issue rules and general or special orders, and hold hearings, make findings, and render orders upon its findings as necessary to carry out the intent and purposes of this section. The investigations, classifications, hearings, findings, and orders shall be made as provided in
s. 103.005. Except as provided in
sub. (8), the penalties specified in
s. 103.005 (12) apply to violations of this section. Orders issued under this subsection are subject to review under
ch. 227.
106.01(11)
(11) Rules. The department shall promulgate rules to implement this section, including rules providing for all of the following:
106.01(11)(a)
(a) The provisions that are required to be included in an apprentice contract.
106.01(11)(b)
(b) Procedures for approving and for rescinding approval of apprenticeship programs.
106.01 Annotation
The department was a necessary party to an action by a city employee for an allegedly discriminatory annulment of his apprentice indenture. Tillman v. City of Milwaukee,
715 F.2d 354 (1983).
106.02
106.02
Carpenters' apprentices. Every person, regardless of age, commencing a carpentry apprenticeship, shall enter into an apprentice contract under and be subject to
s. 106.01, except that if the apprentice is 18 years of age or over only the apprentice's signature shall be necessary to bind the apprentice. A carpentry apprenticeship shall be for a term of 4 years, except that the department may upon the application of the apprentice or the employer, or both, extend that term for up to one additional year.
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 enter into an apprentice contract 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 subchapter does not apply to apprenticeships under
ch. 452.
106.03 History
History: 2009 a. 291.
106.04
106.04
Employment of apprentices on state public works projects. 106.04(1)(d)
(d) "Project" means a project of public works that is subject to
s. 103.49 or
103.50 in which work is performed by employees employed in trades that are apprenticeable under this subchapter.
106.04(3)
(3) Waiver. If the department grants an exception or modification to any requirement in any contract for the performance of work on a project relating to the employment and training of apprentices, the department shall post that information on its Internet site, together with a detailed explanation of why the exception or modification was granted.
106.04 History
History: 2009 a. 28.
EMPLOYMENT PROGRAMS
106.09
106.09
Public employment offices. 106.09(1)
(1) The department shall establish and conduct free employment agencies, license and supervise the work of private employment offices, do all in its power to bring together employers seeking employees and working people seeking employment, make known the opportunities for self-employment in this state, aid in procuring employment for the blind adults of the state, aid in inducing minors to undertake promising skilled employments, provide industrial or agricultural training for vagrants and other persons unsuited for ordinary employments, and encourage wage earners to insure themselves against distress from unemployment. It shall investigate the extent and causes of unemployment in this state and the remedies therefor in this and other countries, and it shall devise and adopt the most efficient means within its power to avoid unemployment, to provide employment, and to prevent distress from involuntary idleness.
106.09(2)
(2) Any county, city, town or village may enter into an agreement with the department for such period of time as may be deemed desirable for the purpose of establishing and maintaining local free employment offices, and it shall be lawful for any county, city, town or village to appropriate and expend the necessary money and to permit the use of public property for the joint establishment and maintenance of such offices as may be agreed upon, or in counties containing 250,000 inhabitants or more in any city, town or village therein to purchase a site and construct necessary buildings. Provided, that in any county, city, village or town therein, wherein there is a citizens' committee on unemployment, such committee may rent, lease, purchase or construct necessary buildings for the joint establishment and maintenance of such free employment office, subject to the approval of such plans by the department. The department may establish such free employment offices as it deems necessary to carry out the purposes of
ch. 108. All expenses of such offices, or all expenses not defrayed by the county, city, town or village in which an office is located, shall be paid from the appropriations to the department provided in
s. 20.445 (1) (ga) and
(n).
106.09(3)
(3) The department may rent, furnish and equip, except as provided in
sub. (2), such offices as may be needed in cities for the conduct of its affairs. All payments arising under this section shall be charged against the proper appropriation for the department.
106.09(5)
(5) The department is authorized and directed to cooperate with the U.S. employment service in the administration of its functions.
106.09(7)
(7) The department may, by rule, fix and collect fees for provision of employment services authorized but not funded by the U.S. employment service.
106.09 Cross-reference
Cross-reference: See also ch.
DWD 310, Wis. adm. code.
106.10
106.10
Veterans job training. The department shall cooperate with the U.S. department of veterans affairs in the performance of functions prescribed in
P.L. 79-679, 60 Stat. 934 and any acts amendatory thereof or supplementary thereto. The secretary may with the approval of the governor take all necessary steps in the making of leases or other contracts with the federal government in the adoption and execution of plans, methods and agreements to effectuate
P.L. 79-679.
106.10 History
History: 1971 c. 185 s.
1;
1971 c. 228; Stats. 1971 s. 101.25;
1977 c. 29,
272;
1989 a. 56;
1995 a. 27 s.
3693; Stats. 1995 s. 106.10.
106.11
106.11
Workforce investment programs. The department shall cooperate with the federal government in carrying out the purposes of the federal Workforce Investment Act of 1998,
29 USC 2801 to
2945. In administering the programs authorized by that act the department shall, in cooperation with other state agencies and with local workforce development boards established under
29 USC 2832, establish a statewide workforce investment system to meet the employment, training, and educational needs of persons in this state. If a local workforce development board anticipates that there may be a business closing or mass layoff under
s. 109.07 in the area served by that board, the board may prepare a list of resources available in that area that provide career planning, job search, job skills training, and other support services for affected employees, as defined in
s. 109.07 (1) (a), including contact information for those resources, for distribution to those employees under
s. 109.07 (1m) (a).
106.12
106.12
Employment and education program administration. The department shall plan, coordinate, administer, and implement the youth apprenticeship program under
s. 106.13 (1) and such other employment and education programs as the governor may by executive order assign to the department. Notwithstanding any limitations placed on the use of state employment and education funds under this section or
s. 106.13 or under an executive order assigning an employment and education program to the department, the department may issue a general or special order waiving any of those limitations on finding that the waiver will promote the coordination of employment and education services.
106.13
106.13
Youth apprenticeship program. 106.13(1)
(1) The department shall provide a youth apprenticeship program that includes the grant programs under
subs. (3m) and
(4).
106.13 Note
NOTE: 2003 Senate Bill 44, enacted as
2003 Wis. Act 33, changed the term "board" to "department" in ten places in this section. Nine of the changes were vetoed but the change in sub. (1) was not vetoed.
106.13(2)
(2) The council on workforce investment established under
29 USC 2821, the technical college system board, and the department of public instruction shall assist the department in providing the youth apprenticeship program under
sub. (1).
106.13(2m)
(2m) The department shall approve occupations and maintain a list of approved occupations for the youth apprenticeship program. From the appropriation under
s. 20.445 (1) (a), the department shall develop curricula for youth apprenticeship programs for occupations approved under this subsection.
106.13(3)
(3) The youth apprenticeship program under
sub. (1) shall not affect any apprenticeship program that is governed by
subch. I, except that an apprenticeship program that is governed by
subch. I may grant credit toward the completion of an apprenticeship for the successful completion of a youth apprenticeship under
sub. (1).
106.13(3m)(a)(a) In this subsection, "local partnership" means one or more school districts, or any combination of one or more school districts, other public agencies, as defined in
sub. (4) (a) 2., nonprofit organizations, as defined in
sub. (4) (a) 1r., individuals or other persons, who have agreed to be responsible for implementing and coordinating a local youth apprenticeship program.
106.13(3m)(b)
(b) From the appropriation under
s. 20.445 (1) (e), the department shall award grants to applying local partnerships for the implementation and coordination of local youth apprenticeship programs. A local partnership shall include in its grant application the identity of each public agency, nonprofit organization, individual, and other person who is a participant in the local partnership, a plan to accomplish the implementation and coordination activities specified in
subds. 1. to
6., and the identity of a fiscal agent who shall be responsible for receiving, managing, and accounting for the grant moneys received under this paragraph. Subject to
par. (c), a local partnership that is awarded a grant under this paragraph may use the grant moneys awarded for any of the following implementation and coordination activities:
106.13(3m)(b)1.
1. Recruiting employers to provide on-the-job training and supervision for youth apprentices and providing technical assistance to those employers.
106.13(3m)(b)2.
2. Recruiting students to participate in the local youth apprenticeship program and monitoring the progress of youth apprentices participating in the program.
106.13(3m)(b)3.
3. Coordinating youth apprenticeship training activities within participating school districts and among participating school districts, postsecondary institutions and employers.
106.13(3m)(b)4.
4. Coordinating academic, vocational and occupational learning, school-based and work-based learning and secondary and postsecondary education for participants in the local youth apprenticeship program.
106.13(3m)(b)5.
5. Assisting employers in identifying and training workplace mentors and matching youth apprentices and mentors.
106.13(3m)(b)6.
6. Any other implementation or coordination activity that the department may direct or permit the local partnership to perform.
106.13(3m)(c)
(c) A local partnership that is awarded a grant under
par. (b) may not use any of the grant moneys awarded to provide funding to a business that is operated for profit or to a nonprofit organization that represents business interests.
106.13(3m)(d)
(d) The amount of a grant awarded under
par. (b) may not exceed $900 per youth apprentice. A local partnership that is awarded a grant under
par. (b) shall provide matching funds equal to 50% of the grant amount awarded.
106.13(3m)(e)
(e) The following outcomes are expected of a local youth apprenticeship program that is funded under
par. (b):
106.13(3m)(e)1.
1. At least 80% of the youth apprentices who participate in the program for 2 years must receive a high school diploma on completion of the youth apprenticeship.
106.13(3m)(e)2.
2. At least 60% of the youth apprentices who participate in the program for 2 years must be offered employment by the employer that provided the on-the-job training for the youth apprentice on completion of the youth apprenticeship.
