103.275(2)(bt)2.
2. If the department denies an application or revokes a certificate under subd.
1., the department shall mail a notice of denial or revocation to the applicant or house-to-house employer. The notice shall include a statement of the facts that warrant the denial or revocation and a statement that the applicant or house-to-house employer may, within 30 days after the date on which the notice of denial or revocation is mailed, file a written request with the department to have the determination that the applicant or house-to-house employer is liable for delinquent contributions reviewed at a hearing under s.
108.227 (5) (a).
103.275(2)(bt)3.
3. If, after a hearing under s.
108.227 (5) (a), the department affirms a determination under subd.
1. that an applicant or house-to-house employer is liable for delinquent contributions, the department shall affirm its denial or revocation. An applicant or house-to-house employer may seek judicial review under s.
108.227 (6) of an affirmation by the department of a denial or revocation under this subdivision.
103.275(2)(bt)4.
4. If, after a hearing under s.
108.227 (5) (a), the department determines that a person whose certificate is revoked or whose application is denied under subd.
1. is not liable for delinquent contributions, as defined in s.
108.227 (1) (d), the department shall reinstate the certificate or approve the application, unless there are other grounds for revocation or denial. The department may not charge a fee for reinstatement of a certificate under this subdivision.
103.275(2)(c)
(c) A person who receives a house-to-house employer certificate shall notify the department of any changes in the information required in the application submitted under par.
(a) within 30 days after the change occurs.
103.275(2)(d)
(d) A house-to-house employer certificate is valid for a 12-month period. A house-to-house employer may renew a certificate by submitting an application under par.
(a), subject to the conditions under par.
(b).
103.275(3)(a)
(a) A house-to-house employer shall establish proof of its ability to pay any compensation owed to minor employees and any penalties that may be imposed under s.
103.29.
103.275(3)(b)
(b) A house-to-house employer shall prove its ability to pay under par.
(a) by maintaining one of the following commitments, in an amount of at least $5,000 and in a form approved by the department:
103.275(3)(c)
(c) The commitment described in par.
(b) shall be established in favor of or made payable to the department, for the benefit of the state and any minor employee who does not receive the compensation earned by the minor employee. The house-to-house employer shall file with the department any agreement, instrument or other document necessary to enforce the commitment against the house-to-house employer or any relevant 3rd party, or both.
103.275(4)(a)
(a) When a minor applies for a job to conduct street trades from house to house, the house-to-house employer shall inform the minor in writing of the terms and conditions of employment including all of the following:
103.275(4)(a)1.
1. Compensation, including commissions, bonuses or contest awards.
103.275(4)(a)3.
3. The number of days per week and of hours per day that the minor would be required to conduct street trades from house to house.
103.275(4)(a)4.
4. The nature and frequency of required employment-related meetings and how compensation is paid for attendance at the meetings.
103.275(4)(a)5.
5. Whether and how the house-to-house employer provides transportation.
103.275(4)(a)6.
6. The expenses related to employment that the applicant would be required to pay.
103.275(4)(b)
(b) No house-to-house employer may fail to comply with the terms of the written disclosure statement required under par.
(a). A house-to-house employer may change the terms of a disclosure statement by a supplemental document in writing, if the change applies only prospectively.
103.275(5)
(5) Records and inspection. A door-to-door employer shall do all of the following:
103.275(5)(a)
(a) Keep a copy of the street trade permit obtained for an employee under s.
103.25 for at least 3 years after the employee attains the age of 18 or leaves the employment of the employer, whichever occurs first.
103.275(5)(b)
(b) Keep a list of the names of all municipalities where minor employees of the house-to-house employer conducted street trades from house to house within the last 3 years.
103.275(5)(c)
(c) At the department's request, do any of the following:
103.275(5)(c)1.
1. Allow the department to inspect the certificate issued under sub.
(2) or any street trade permits obtained under s.
103.25.
103.275(5)(c)2.
2. Provide a list of the municipalities where the house-to-house employer intends to employ minors to conduct street trades from house to house within 6 months after the date of the request.
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),
(br), and
(bt), 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),
(br), and
(bt), 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, a private school, or a tribal 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 under 16 years of age 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.
103.34
103.34
Regulation of traveling sales crews. 103.34(1)(a)
(a) “Certificate of registration" means a certificate of registration issued under this section authorizing a person to employ traveling sales crew workers.
103.34(1)(am)
(am) “Consumer" means an individual to whom a seller sells, offers to sell, or advertises or promotes the sale of consumer goods or services. “Consumer" does not include an individual who purchases goods or services in a business or governmental capacity or for resale to others.
103.34(1)(ap)
(ap) “Consumer goods or services" means goods or services, including personal investment opportunities, personal business opportunities, and personal training courses, that are typically used for personal, family, or household purposes.
103.34(1)(b)
(b) “Disqualifying offense" means any of the following:
103.34(1)(b)1.
1. A violation of s.
125.07 (1) (a),
(2) (a) 1. or
2., or
(4) (a) or
(b),
125.085 (3) (a) or
(b),
125.09 (2),
961.41 (1) or
(1m),
961.573,
961.574,
961.575, or
961.69, of a substantially similar federal law or law of another state, or of a local ordinance that strictly conforms to any of those statutes, if the violation was committed in connection with or incident to any traveling sales crew activities.
103.34(1)(b)2.
2. A violation of s.
940.01,
940.02,
940.03,
940.05,
940.06,
940.07,
940.08,
940.09,
940.10,
940.19 (2),
(4),
(5), or
(6),
940.21,
940.225 (1),
(2), or
(3),
940.23,
940.235,
940.24,
940.25,
940.30,
940.302,
940.305,
940.31,
943.02,
943.03,
943.04,
943.10,
943.30,
943.31,
943.32,
944.32,
944.34,
946.10,
948.02 (1) or
(2),
948.025,
948.03 (2),
(3), or
(5) (a) 1.,
2.,
3., or
4.,
948.04,
948.05,
948.051,
948.055,
948.06,
948.07,
948.075,
948.08,
948.085,
948.11 (2) (a) or
(am),
948.12,
948.13,
948.21 (2),
948.215, or
948.30 or of a substantially similar federal law or law of another state.
103.34(1)(b)3.
3. A violation of s.
943.20,
943.201,
943.203,
943.21,
943.23,
943.24 (2),
943.34,
943.50,
943.61,
943.62, or
943.70 or of a substantially similar federal law or law of another state, if the value of the property misappropriated is $2,500 or more.
103.34(1)(d)
(d) “Traveling sales crew" means 2 or more individuals who are employed as salespersons or in related support work, who travel together in a group, and who are absent overnight from their permanent places of residence for the purpose of selling consumer goods or services to consumers from house to house, on any street, or in any other place that is open to the public. “Traveling sales crew" does not include 2 or more individuals who are traveling together for the purpose of participating in a trade show or convention or 2 or more immediate family members who are traveling together for the purpose of selling consumer goods or services.
103.34(1)(e)
(e) “Traveling sales crew activities" means the sale of consumer goods or services to consumers from house to house, on any street, or in any other place that is open to the public or related support work. “Traveling sales crew activities" does not include the sale of consumer goods or services from a fixed location at a concert, festival, carnival, street fair, public exhibition, or other similar special event with the permission of the organizer of the special event.
103.34(1)(f)
(f) “Traveling sales crew worker" means a member of a traveling sales crew.
103.34(2)
(2) Registration required. No person may employ, offer to employ, or otherwise recruit an individual to work as a traveling sales crew worker without first obtaining a certificate of registration from the department. To obtain a certificate of registration, a person shall complete an application under sub.
(3) (a), meet the minimum requirements specified in sub.
(3) (c) for issuance of a certificate of registration, and pay a registration fee determined by the department by rule promulgated under sub.
(13). A certificate of registration is valid for 12 months unless sooner suspended, restricted, or revoked and is nontransferable. A registrant may renew a certificate of registration by submitting an application under sub.
(3) (a) and paying the registration fee not less than 30 days before the expiration date of the certificate of registration.
103.34(3)(a)
(a) To obtain a certificate of registration, a person shall complete an application that contains all of the following information:
103.34(3)(a)1.
1. The name of the applicant, the address and telephone number of the applicant's principal place of business, and, if the applicant is engaged in sales activities on behalf of a principal, the name, address, and telephone number of the principal.
103.34(3)(a)2.
2. If the applicant is a corporation, the date and place of the applicant's incorporation or, if the applicant is a limited liability company, the date and place of the applicant's organization.
103.34(3)(a)3.
3. The names and permanent home addresses of the proprietors, managing partners, managers, or principal officers of the applicant, together with proof of identification of those individuals, which may be in the form of a birth certificate, a valid operator's license issued under ch.
343 or under a comparable law of another state that contains a photograph of the license holder, or an identification card issued under s.
343.50 or under a comparable law of another state that contains a photograph of the person identified.
103.34(3)(a)4.
4. The names, permanent home addresses, motor vehicle operator's license numbers, and dates of birth of all employees, agents, or representatives of the applicant who supervise or transport traveling sales crew workers, together with proof of identification of those individuals, as provided under subd.
3. 103.34(3)(a)5.
5. Information regarding the conviction record of all proprietors, managing partners, managers, or principal officers of the applicant, and of all employees, agents, or representatives of the applicant who supervise or transport traveling sales crew workers, and information regarding any violation by any of those individuals of s.
100.18 or
100.195, of an order issued under s.
100.20, or of a substantially similar federal law or law of another state.
103.34(3)(a)6.
6. The social security number or federal employer identification number of the applicant as provided in sub.
(10) (a).
103.34(3)(a)7.
7. The type of sales activities to be performed and the nature of the consumer goods or services to be sold by the traveling sales crew workers of the applicant. If the goods to be sold are magazine subscriptions, the applicant shall provide the names, addresses, and telephone numbers of the publishers of those magazines.
103.34(3)(a)8.
8. A statement identifying each motor vehicle that will be used to transport the applicant's traveling sales crew workers, including the type and license number of each motor vehicle, and documentation showing that each motor vehicle is in compliance with all state and federal safety standards that are applicable to the motor vehicle as provided in sub.
(7) (a).
103.34(3)(a)9.
9. A statement indicating whether the duties of the applicant's traveling sales crew workers will include the storage, handling, or transportation of hazardous materials or may result in any other exposure of those workers to hazardous materials and, if so, documentation showing that the applicant is in compliance with all state and federal safety standards that are applicable to the storage, handling, and transportation of the hazardous materials as provided in sub.
(7) (b).
103.34(3)(a)10.
10. Any document required by the department to prove that the applicant has complied with the proof of financial responsibility requirement under sub.
(4), the disclosure statement requirement under sub.
(5), and the proof of insurance requirement under sub.
(8).
