103.005(14)(e)
(e) Any employer receiving from the department any form requesting information that the department requires to administer and enforce
chs. 103 to
106, along with directions to complete the form, shall properly complete the form and answer fully and correctly each question asked in the form. If the employer is unable to answer any question, the employer shall give a good and sufficient reason for his or her inability to answer the question. The employer's answers shall be verified under oath by the employer, or by the president, secretary or other managing officer of the corporation, if the employer is a corporation, and the completed form shall be returned to the department at its office within the period fixed by the department.
103.005(15)
(15) The department may establish a schedule of fees for publications and seminars provided by the department for which no fee is otherwise authorized, required or prohibited by statute. Fees established under this subsection for publications and seminars provided by the department may not exceed the actual cost incurred in providing those publications and seminars. If the department receives unanticipated proceeds from a statewide labor and management conference provided by the department that exceed the actual cost of the conference, the department may use those unanticipated proceeds to provide grants for local labor and management conferences, educational activities and other activities to promote positive relations between labor and management.
103.005(16)
(16) Each of the commissioners, the secretary or any deputy secretary may certify to official acts, and take testimony.
103.005(20)
(20) The department shall establish a procedure for the department to provide to the state public defender and the department of administration any information that the department may have concerning an individual's wages to assist the state public defender and the department of administration in collecting payment ordered under
s. 48.275 (2),
757.66,
973.06 (1) (e) or
977.076 (1).
103.005(21)
(21) The department shall distribute all of the funds under
s. 20.445 (1) (cr) to community action agencies and organizations, including any of the 11 federally recognized tribal governing bodies in this state and limited-purpose agencies, in proportion to the share of funds actually allocated to these entities under
42 USC 1315 and from other federal and private foundation sources that provide funds for job creation and development for individuals with low incomes.
103.01(1)(a)(a) "Employer" means every person having control or custody of any employment or place of employment.
103.01(1)(b)
(b) "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.
103.01(2)
(2) "Employment" means any trade, occupation or process of manufacture, or any method of carrying on such trade or occupation in which any person may be engaged, or for any place of employment.
103.01(3)
(3) "Place of employment" means any manufactory, mechanical or mercantile establishment, beauty parlor, laundry, restaurant, confectionary store, or telegraph or telecommunications office or exchange, any express or transportation establishment or any hotel.
103.02
103.02
Hours of labor. No person may be employed or be permitted to work in any place of employment or at any employment for such period of time during any day, night or week, as is dangerous or prejudicial to the person's life, health, safety or welfare. The department shall investigate, ascertain, determine and fix such reasonable classification, and promulgate rules fixing a period of time, or hours of beginning and ending work during any day, night or week, which shall be necessary to protect the life, health, safety or welfare of any person, or to carry out the purposes of
ss. 103.01 to
103.03. The department shall, by rule, classify such periods of time into periods to be paid for at regular rates and periods to be paid for at the rate of at least one and one-half times the regular rates. Such investigations, classifications and orders shall be made as provided in
s. 103.005 and the penalties under
s. 103.005 (12) shall apply to and be imposed for any violation of
ss. 103.01 to
103.03. Such orders shall be subject to review in the manner provided in
ch. 227.
Section 111.322 (2m) applies to discharge or other discriminatory acts arising in connection with any proceeding under this section.
103.02 Cross-reference
Cross-reference: See also ch.
DWD 274, Wis. adm. code.
103.02 Annotation
Chapter 103 does not provide the exclusive remedy for enforcement of claims under this section. Claims may be enforced by a private action brought under s. 109.03 (5). German v. DOT,
223 Wis. 2d 525,
589 N.W.2d 651 (Ct. App. 1998),
98-0250.
103.02 Annotation
A violation of the public policy expressed by this section is grounds for a wrongful discharge action. Wilcox v. Niagra of Wisconsin Paper Corp.
965 F.2d 355 (1992).
103.02 Annotation
Wisconsin requires time spent donning and doffing safety gear to be compensated at the minimum wage or higher, and that this time counts toward the limit after which the overtime rate kicks in. Wisconsin law is not preempted by federal law. Spoerle v. Kraft Foods Global, Inc.
614 F.3d 427 (2010).
103.025
103.025
Hours of labor; compensatory time. 103.025(1)(a)
(a) "Compensatory time" means hours during which an employee is not working, which are not counted as hours worked during the workweek or other work period classified by the department by rule promulgated under
s. 103.02 for purposes of calculating overtime compensation, and for which the employee is compensated at the employee's regular rate of pay.
103.025(1)(c)
(c) "Overtime compensation" means the compensation required to be paid for hours worked during periods that the department has classified, by rule promulgated under
s. 103.02, as periods to be paid for at the rate of at least 1.5 times an employee's regular rate of pay.
103.025(2)
(2) An employer described in
s. 103.01 (1) (b) may provide an employee, in lieu of overtime compensation, compensatory time off as permitted under
29 USC 207 (o), as amended to April 15, 1986.
103.025 History
History: 1993 a. 144.
103.03
103.03
Violations; penalty. The employment of any person in any employment or place of employment at any time other than the permissible hours of labor shall be prima facie evidence of a violation of this section. Every day for each person employed, and every week for each person employed, during which any employer fails to observe or to comply with any order of the department, or to perform any duty enjoined by
ss. 103.01 to
103.03, shall constitute a separate offense.
103.03 History
History: 1975 c. 94; Stats. s. 103.03.
103.04
103.04
Labor and industry review commission. 103.04(2)
(2) Notwithstanding
s. 227.11, the commission may not promulgate rules except that it may promulgate its rules of procedure.
103.04(3)
(3) The commission may employ professional and other persons to assist in the execution of its duties.
103.04 Cross-reference
Cross-reference: See also
LIRC, Wis. adm. code.
103.05
103.05
Hiring reporting system; state directory of new hires. 103.05(1)(1) The department shall establish and operate a hiring reporting system that includes a state directory of new hires. All requirements under the reporting system shall be consistent with federal laws and regulations that relate to the reporting of newly hired employees for support collection purposes, as part of the state location service under
s. 49.22 (2), or any other purposes specified in
42 USC 653a (h).
103.05(2)(a)(a) Except as provided in
par. (b), every employer that employs individuals in the state shall provide to the department information about each newly hired employee.
103.05(2)(b)
(b) Paragraph (a) does not apply to an employer that employs individuals in this state and in at least one other state, if the employer has designated, to the secretary of the federal department of health and human services, a state other than this state for the purpose of providing the information required under
par. (a). An employer under this paragraph shall notify the department of its designation of another state to the secretary of the federal department of health and human services.
103.05(3)
(3) The department shall specify all of the following:
103.05(3)(b)
(b) A number of different ways in which employers may report the information required under
sub. (2) (a), including paper and electronic means.
103.05(3)(c)
(c) A timetable for the actions and procedures required under the reporting system, including the reporting required under
sub. (2) (a).
103.05(4)(a)(a) Except as provided in
par. (b), no person may use or disclose information obtained under this section except in the administration of the program under
s. 49.22 or a program specified in
42 USC 653a (h).
103.05(4)(b)
(b) The department may, to the extent permitted under federal law, disclose information obtained under this section to the department of revenue for the purposes of locating persons, or the assets of persons, who have failed to file tax returns, who have underreported their taxable income or who are delinquent taxpayers, identifying fraudulent tax returns or providing information for tax-related prosecutions.
103.05(5)(a)(a) Except as provided in
par. (b), and subject to
par. (c), an employer that violates any provision of this section, or any rule promulgated under this section, may be required to forfeit up to $25 for each employee concerning whom a violation has occurred.
103.05(5)(b)
(b) Subject to
par. (c), an employer may be required to forfeit up to $500 for a failure to supply the information under
sub. (2) (a) about an employee, or for supplying false or incomplete information under
sub. (2) (a) about an employee, as a result of a conspiracy between the employer and the employee to not supply the information or to supply false or incomplete information.
103.05(5)(c)
(c) The department shall provide an employer with notice of any violation for which a penalty may be imposed under
par. (a) or
(b), and with an opportunity to correct the violation, before imposing any penalty under
par. (a) or
(b).
103.05(5)(d)
(d) The department shall deposit all moneys received under this subsection in the appropriation account under
s. 20.445 (1) (gd).
103.05(6)
(6) If the department determines that the hiring reporting system established under this section will be operational on or before January 1, 1998, the department shall publish a notice in the Wisconsin Administrative Register before that date that states that the system shall begin operating on January 1, 1998.
103.05 History
History: 1997 a. 27,
237.
103.05 Cross-reference
Cross-reference: See also ch.
DWD 142, Wis. adm. code.
103.06
103.06
Worker classification compliance. 103.06(1)(a)
(a) "Business day" means any day on which the offices of the department are open.
103.06(1)(b)
(b) "Employee" means any of the following who is employed by an employer:
103.06(1)(b)3.
3. For purposes of compliance with the requirement specified in
sub. (3) (a) 3., an employee, as defined in rules promulgated under
s. 103.05.
103.06(1)(c)3.
3. For purposes of compliance with the requirement specified in
sub. (3) (a) 3., an employer, as defined in rules promulgated under
s. 103.05.
103.06(2)
(2) Worker classification compliance; duties of department. For purposes of promoting and achieving compliance by employers with the laws specified in
sub. (3) (a) through the proper classification of persons performing services for an employer as employees and nonemployees, the department shall do all of the following:
103.06(2)(a)
(a) Educate employers, employees, nonemployees, and the public about the proper classification of persons performing services for an employer as employees and nonemployees.
103.06(2)(b)
(b) Receive and investigate complaints alleging violations of the requirements specified in
sub. (3) (a), or investigate any such alleged violations on its own initiative, and, if the department finds that an employer is in violation of a requirement specified in
sub. (3) (a), order the employer to stop work and pay a forfeiture as provided under
sub. (5).
103.06(2)(c)
(c) Refer complaints of misclassification of employees as nonemployees to other state or local agencies that administer laws whose enforcement depends on the proper classification of employees.
103.06(2)(d)
(d) Cooperate with other state or local agencies in the investigation and enforcement of laws whose enforcement depends on the proper classification of employees.
103.06(2)(e)
(e) Appoint attorneys licensed to practice in this state as appeal tribunals to conduct hearings and issue decisions under
sub. (6) (b).
103.06(3)(a)(a) For purposes of ensuring that an employer is properly classifying the persons performing services for the employer as employees and nonemployees, the department may require an employer to prove all of the following:
103.06(3)(a)1.
1. That the employer is maintaining records identifying all persons performing work for the employer, including the name, address, and social security number of each of those persons.
103.06(3)(a)2.
2. That the employer is maintaining worker's compensation coverage for its employees as required under
s. 102.28 (2).
103.06(3)(a)3.
3. That the employer has provided to the department the information required under
s. 103.05 with respect to each newly hired employee of the employer.
103.06(3)(a)4.
4. That the employer is maintaining records of the hours worked by its employees, the wages paid to those employees, any deductions from those wages, and any other information that the employer is required to keep under rules promulgated under
s. 103.02 or
104.04, and is listing deductions from wages as required under
s. 103.457.
103.06(3)(b)
(b) Any agreement between an employer and employee purporting to waive or modify any requirement under
par. (a) is void.
