Wisconsin Legislature: AB883,45

1. For purposes of this paragraph, “wages" includes any salary reduction amounts earned that are not wages and that are deducted from the salary of a claimant by an employer pursuant to a salary reduction agreement under a cafeteria plan, within the meaning of 26 USC 125, and any amount that a claimant would have earned in available work under s. 108.04 (1) (a) which is treated as wages under s. 108.04 (1) (bm), but excludes any amount that a claimant earns for services performed as a volunteer fire fighter, volunteer emergency medical services practitioner, or volunteer emergency medical responder.

4. In applying this paragraph, the department shall disregard discrepancies of less than $2 between wages reported by employees and employers.

AB883,35 Section 35. 108.05 (3) (a) 3. of the statutes is created to read:

108.05 (3) (a) 3. For purposes of subd. 2., the maximum amount of wages that may be disregarded in a given week shall be an amount equal to 40 percent of the employee's weekly benefit rate or $30, whichever is greater.

AB883,36 Section 36. 108.13 (4) (a) 4. of the statutes is renumbered 108.13 (4) (a) 2m. and amended to read:

108.13 (4) (a) 2m. “Unemployment insurance" “Reemployment assistance” means any compensation payable under this chapter, including amounts payable by the department pursuant to an agreement under any federal law providing for compensation, assistance or allowances with respect to unemployment.

AB883,37 Section 37 . 108.133 (2) (a) (intro.) of the statutes is amended to read:

108.133 (2) (a) (intro.) Promulgate Immediately promulgate rules to establish the program. The department shall do all of the following in the rules promulgated under this paragraph:

AB883,38 Section 38 . 108.133 (2) (am) of the statutes is amended to read:

108.133 (2) (am) Promulgate Immediately promulgate rules identifying occupations for which drug testing is regularly conducted in this state. The department shall notify the U.S. department of labor of any rules promulgated under this paragraph.

AB883,39 Section 39 . 108.14 (1) of the statutes is amended to read:

108.14 (1) This chapter shall be administered by the department through its division of reemployment assistance.

AB883,40 Section 40. 108.14 (8o) of the statutes is created to read:

108.14 (8o) The department shall act to continue to receive grants for reemployment services and eligibility assessments under 42 USC 506.

AB883,41 Section 41 . 108.14 (30) of the statutes is created to read:

108.14 (30) (a) 1. The department shall semiannually compile data and prepare a report to provide information on and analysis of the employment outcomes of claimants after receiving benefits under this chapter.

2. a. Each report under subd. 1. shall be prepared using data obtained from quarterly wage reports filed under s. 108.205 pertaining to all claimants whose data is included in that report as provided in subd. 3.

b. Each report under subd. 1. shall cover the 2 most recent quarters for which data are available, with each of the 2 quarters reported on separately in the report.

3. A claimant's data shall be used under subd. 2. for each of the 12 quarters following the claimant's first benefit payment in the claimant's benefit year.

4. The department shall break out the data in each report under subd. 1. by all of the following:

a. The number of weeks of benefits received. The department may group together claimants who received comparable numbers of weeks of benefits.

b. Regions of the state, using the regions corresponding to those for local workforce development boards established under 29 USC 3122.

(b) The department shall, by March 1 and September 1 of each year, submit the most recent report prepared under par. (a) to the appropriate standing committees of the legislature under s. 13.172 (3).

AB883,42 Section 42 . 108.141 (1) (b) 3. of the statutes is amended to read:

108.141 (1) (b) 3. Has no right to unemployment reemployment assistance benefits or allowances, as the case may be, under the railroad unemployment insurance act or such other federal laws as are specified in regulations issued by the U.S. secretary of labor, and has not received and is not seeking unemployment reemployment assistance benefits under the unemployment insurance reemployment assistance law of Canada, but if the individual is seeking such benefits and the appropriate agency finally determines that he or she is not entitled to benefits under such law he or she is an exhaustee.

AB883,43 Section 43 . 108.142 (1) (h) 3. of the statutes is amended to read:

108.142 (1) (h) 3. Has no right to unemployment reemployment assistance benefits or allowances under the railroad unemployment insurance act or such other federal laws as are specified in regulations issued by the U.S. secretary of labor, and has not received and is not seeking unemployment reemployment assistance benefits under the unemployment insurance reemployment assistance law of Canada, but if the individual is seeking such benefits and the appropriate agency finally determines that he or she is not entitled to benefits under that law, the individual is an “exhaustee".

AB883,44 Section 44 . 108.19 (1m) of the statutes is amended to read:

108.19 (1m) Each employer subject to this chapter as of the date a rate is established under this subsection shall pay an assessment to the unemployment reemployment assistance interest payment fund at a rate established by the department sufficient to pay interest due on advances from the federal unemployment account under Title XII of the federal social security act, 42 USC 1321 to 1324. The rate established by the department for employers who finance benefits under s. 108.15 (2), 108.151 (2), or 108.152 (1) shall be 75 percent of the rate established for other employers. The amount of any employer's assessment shall be the product of the rate established for that employer multiplied by the employer's payroll of the previous calendar year as taken from quarterly employment and wage reports filed by the employer under s. 108.205 (1) or, in the absence of the filing of such reports, estimates made by the department. Each assessment made under this subsection is due within 30 days after the date the department issues the assessment. If the amounts collected from employers under this subsection exceed the amounts needed to pay interest due, the department shall use any excess to pay interest owed in subsequent years on advances from the federal unemployment account. If the department determines that additional interest obligations are unlikely, the department shall transfer the excess to the balancing account of the fund, the unemployment reemployment assistance program integrity fund, or both in amounts determined by the department.

AB883,45 Section 45 . 111.39 (4) (c) of the statutes is amended to read:

111.39 (4) (c) If, after hearing, the examiner finds that the respondent has engaged in discrimination, unfair honesty testing or unfair genetic testing, the examiner shall make written findings and order such action by the respondent as will effectuate the purpose of this subchapter, with or without back pay. If the examiner awards any payment to an employee because of a violation of s. 111.321 by an individual employed by the employer, under s. 111.32 (6), the employer of that individual is liable for the payment. If the examiner finds a respondent violated s. 111.322 (2m), the examiner shall award compensation in lieu of reinstatement if requested by all parties and may award compensation in lieu of reinstatement if requested by any party. Compensation in lieu of reinstatement for a violation of s. 111.322 (2m) may not be less than 500 times nor more than 1,000 times the hourly wage of the person discriminated against when the violation occurred. Back pay liability may not accrue from a date more than 2 years prior to the filing of a complaint with the department. Interim earnings or amounts earnable with reasonable diligence by the person discriminated against or subjected to unfair honesty testing or unfair genetic testing shall operate to reduce back pay otherwise allowable. Amounts received by the person discriminated against or subject to the unfair honesty testing or unfair genetic testing as unemployment reemployment assistance benefits or welfare payments shall not reduce the back pay otherwise allowable, but shall be withheld from the person discriminated against or subject to unfair honesty testing or unfair genetic testing and immediately paid to the unemployment reserve fund or, in the case of a welfare payment, to the welfare agency making the payment.

AB883,46 Section 46 . 230.43 (4) of the statutes is amended to read:

230.43 (4) Rights of employee. If an employee has been removed, demoted or reclassified, from or in any position or employment in contravention or violation of this subchapter, and has been restored to such position or employment by order of the commission or any court upon review, the employee shall be entitled to compensation therefor from the date of such unlawful removal, demotion or reclassification at the rate to which he or she would have been entitled by law but for such unlawful removal, demotion or reclassification. Interim earnings or amounts earnable with reasonable diligence by the employee shall operate to reduce back pay otherwise allowable. Amounts received by the employee as unemployment reemployment assistance benefits or welfare payments shall not reduce the back pay otherwise allowable, but shall be withheld from the employee and immediately paid to the unemployment reserve fund or, in the case of a welfare payment, to the welfare agency making such payment. The employee shall be entitled to an order of mandamus to enforce the payment or other provisions of such order.

AB883,47 Section 47 . 230.85 (3) (d) of the statutes is amended to read:

230.85 (3) (d) Interim earnings or amounts earnable with reasonable diligence by the person subjected to the retaliatory action or threat shall reduce back pay otherwise allowable. Amounts received by the person subjected to the retaliatory action or threat as unemployment reemployment assistance benefits or welfare payments do not reduce the back pay otherwise allowable, but shall be withheld from the person subjected to the retaliatory action or threat and immediately paid to the unemployment reserve fund or to the welfare agency making the payment.

AB883,48 Section 48 . 779.01 (2) (am) of the statutes is amended to read:

779.01 (2) (am) “Labor" includes any wages and related contributions for state employment taxes, worker's compensation and unemployment compensation insurance reemployment assistance, and other fringe benefits.

AB883,49 Section 49 . Terminology changes.

(1) Unemployment insurance; terminology changes.

(a) Wherever “unemployment insurance" appears in the following, as affected by the acts of 2021, “reemployment assistance" is substituted: ss. 6.10 (9), 13.63 (1) (b), 15.227 (3), 16.48 (1) (a) (intro.), 1., 2., and 6. and (b), (2), and (3), 19.85 (1) (ee), 20.002 (11) (a), 20.445 (1) (gm), (n), and (ne), 29.024 (2r) (title) and (d) 1., 46.272 (7) (e), 47.035 (1), 48.715 (7), 49.163 (2) (am) 5., 49.19 (4) (dm) 4., 50.498 (title) and (4) (b), 51.032 (title) and (4), 59.40 (2) (e), 59.57 (2) (b), 66.1103 (1) (a), 71.01 (10) (b), 71.05 (6) (b) 47m., 71.26 (1) (h), 71.45 (1) (c), 71.52 (6), 71.67 (7) (a) and (b) 2., 71.80 (16) (a) and (b), 73.0301 (2) (c) 2., 73.09 (8), 93.135 (title) and (4), 101.654 (2) (c), 102.17 (1) (c) 2., 102.28 (7) (b) 2., 102.315 (2m) (d), 103.34 (10) (title), 103.92 (3) and (8) (title), 105.13 (1), 108.02 (15) (c) 1., (dm) 1., (e), (i) 2., and (k) 9., 10., and 19. b., (21) (a) 2. and (b), and (21e) (e), 108.04 (2) (ae), (4) (c), (5) (intro.), (5g) (a), (7) (a) and (L), (8) (a) and (c), (11) (g) 2. d., (12) (c) and (d), and (13) (g) 2., 108.06 (5) (a), 108.065 (3), 108.068 (6), 108.07 (3m) and (5m), 108.13 (2) and (4) (b), (c), (e), and (f), 108.135 (1) (intro.) and (a), 108.14 (5) (a), (ag), and (ar), (6), (7) (a), (8) (a), (8m) (a), (8n) (a) and (b), (8s) (a) and (b), (8t), (9), (13), (14), (18), (19), (23) (b) 1., and (24), 108.141 (1) (h) and (3g) (a) 2., (c), and (d), 108.142 (1) (i), 108.155 (6), 108.16 (5) (b), 108.161 (3) and (3e), 108.162 (1), 108.19 (1e) (d), (1f) (b), (3), and (4), 108.20 (2m), 108.227 (title) and (2) (c) 2., 115.31 (6m), 116.03 (4), 118.19 (1m) (b), 120.25 (2) (a) and (6), 138.09 (3) (am) 2. and (4) (c), 138.12 (4) (b) 5m. and (5) (am) 1. b. and 3., 138.14 (5) (b) 2m. and (9) (cm), 146.40 (4d) (d), 165.066 (title), 169.35 (title) and (3), 170.12 (8) (b) 1. bm. and 4., 175.46 (5) (a), 202.021 (4) (a) 6., 202.06 (2) (g), 202.23 (2), 217.06 (5m), 217.09 (1t), 218.0116 (1g) (b) and (1m) (a) 2m. and (d), 218.02 (3) (dm), (6) (d), and (9) (a) 1m., 218.04 (4) (am) 2m. and (5) (at), 218.05 (4) (c) 2m., (11) (bm), and (12) (at), 218.11 (6m) (c), 218.12 (3m) (c), 218.22 (3m) (c), 218.32 (3m) (c), 218.41 (3m) (b) 3., 218.51 (4m) (b) 3., 224.44 (title), 224.72 (7m) (bm), 224.725 (6) (bm), 224.77 (2m) (e), 224.95 (1) (bm), 230.26 (4), 238.31 (1) (e) 4. c., 238.397 (2) (a) 4. c., 254.115 (title) and (5), 254.176 (5), 254.20 (7), 256.18 (title) and (4m), 299.07 (title) and (3), 303.08 (3), (4), and (5) (intro.), 341.51 (4m) (c), 343.305 (6) (e) 6., 343.66 (3m), 440.12 (title) and (2), 463.14 (title) and (5), 551.412 (4g) (a) 2m. and (d), 562.05 (5) (a) 11. and (8) (f), 563.285 (title) and (1m), 628.097 (title) and (2m), 628.10 (2) (cm), 628.93 (2), 632.69 (2) (d) 2. and (4) (d), 633.14 (2m) (b), 633.15 (2) (d), 751.155 (title) and (3), 815.18 (13) (j), 859.02 (2) (a), and 949.06 (3) (b).

(b) Wherever “unemployment compensation" appears in the following, as affected by the acts of 2021, “reemployment assistance" is substituted: ss. 49.45 (23b) (a) 2. f., 71.07 (6n) (c) 3., 71.28 (6n) (c) 3., 71.47 (6n) (c) 3., 108.04 (13) (g) 1. b., 108.11 (2), 701.0508 (1) (b) 1., 756.04 (2) (c) 4., and 767.75 (3m) (title).

(c) Wherever “unemployment" appears in the following, as affected by the acts of 2021, “reemployment assistance" is substituted: ss. 20.427 (1) (k) (title), 20.445 (1) (gc) (title), (gg) (title), (gh) (title), (nb) (title), (u), and (v), 25.17 (1) (xe) and (xf), 108.04 (2) (bb) 5., 108.16 (6) (i) and (m) and (6m) (b), 108.19 (title), (1f) (a), (1q), and (1s) (a) (intro.) and 2. and (b), 108.221 (3), 108.225 (4) (b), and 111.15.

AB883,50 Section 50 . Nonstatutory provisions.

(1) The department of workforce development shall submit a notice to the legislative reference bureau for publication in the Wisconsin Administrative Register when the department determines that the department has any rules in place that are necessary to implement the treatment of s. 108.04 (2) (a) 3. by this act.

AB883,51 Section 51 . Initial applicability.

(1) The treatment of s. 108.04 (2) (a) 3. first applies with respect to weeks of unemployment beginning on the effective date of this subsection.

(2) The renumbering and amendment of s. 108.04 (2) (a) 4. and (15) (a) 2., the consolidation, renumbering, and amendment of s. 108.04 (15) (a) (intro.) and 1., and the creation of s. 108.04 (2) (a) 4. c. and 5. and (15) (a) 2. b., (am), (an), and (ao) first apply with respect to weeks of unemployment beginning on the effective date of this subsection.

(3) The renumbering and amendment of s. 108.05 (3) (a) and the creation of s. 108.05 (3) (a) 3. first apply to weeks of unemployment beginning on the effective date of this subsection.

AB883,52 Section 52. Effective dates. This act takes effect on July 3, 2022, except as follows:

(1) The treatment of s. 108.04 (2) (a) 3. and Section 51 (1 ) of this act take effect on the Sunday after the notice under Section 50 (1) of this act is published in the Wisconsin Administrative Register or on January 2, 2022, whichever occurs first.

(2) The treatment of ss. 106.11, 106.113, 106.13 (2), 106.28, 108.01 (2m), 108.133 (2) (a) (intro.) and (am), and 108.14 (8o) and (30), the renumbering and amendment of s. 108.04 (2) (a) 4. and (15) (a) 2., the consolidation, renumbering, and amendment of s. 108.04 (15) (a) (intro.) and 1., and the creation of s. 108.04 (2) (a) 4. c. and 5. and (15) (a) 2. b., (am), (an), and (ao) and Sections 50 (1 ) and 51 (2) of this act take effect on the first Sunday after publication.

(3) The renumbering and amendment of s. 108.05 (3) (a), the creation of s. 108.05 (3) (a) 3., and Section 51 (3 ) of this act take effect on the first Sunday that follows the 180th day after publication.