Wisconsin Legislature: Layoffs

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LABOR

See also EMPLOYER AND EMPLOYE

CETA

The Governor can designate counties as agencies of the State to contract with nonprofit private agencies to utilize funds to provide public service jobs under Federal Comprehensive Employment and Training Act. 66-15

Child labor

Under the Neighborhood Youth Corps program authorized by Title I-B of the Economic Opportunity Act of 1964 (42 U.S.C. secs. 2701-2994d), all enrollees of this federally sponsored and locally administered program are employes under the Wisconsin Child Labor Laws and, therefore, must be covered by suitable work permits unless exempt because of age or the nature of their activities. The Department of Industry, Labor and Human Relations does not have the authority to waive the permit fee even though this program is federally sponsored and largely financed by federal funds as the relationship of employer-employe still exists, there being no statutory exemption. 62-256

Department of Industry, Labor and Human Relations may lawfully issue child labor permits to girls aged 12 and 13 to be employed as caddies on golf courses. 63-513

Collective bargaining

Matters within the scope of bargaining as set forth in sec. 111.91, Stats., agreed to by the Department of Administration and a state employe union are not effective until submitted as tentative agreements to and approved by the Joint Committee on Employment Relations. Action of the Secretary of the Department of Administration in agreeing to so-called non-recrimination clause was within his discretion but the clause itself is unenforceable until approved by the Joint Committee on Employment Relations. 67-38

Conviction records

1. A licensing agency may not ask an applicant about juvenile delinquency records. 2. A licensing agency may request information from an applicant regarding conviction records under sec. 111.32(5)(h), Stats. 67-327

Discrimination

1. A licensing agency may not ask an applicant about juvenile delinquency records. 2. A licensing agency may request information from an applicant regarding conviction records under sec. 111.32(5)(h), Stats. 67-327

A state agency may insist on the presence of legal counsel when making agency personnel available for informal interviews conducted by Personnel Commission equal rights officers in the course of investigating complaints of employment discrimination against such state agency, where the equal rights officers wishes to (1) conduct on the job interviews of nonmanagerial personnel, or (2) interview agency supervisors who are not named or "immediately" involved in the discriminatory actions in question. 70-167

Grievance records

Public records relating to employe grievances are not generally exempt from disclosure under the Public Records Law, and nondisclosure must be justified on a case-by-case basis. 73-20

Hiring above the minimum"

"Raised hiring rate" and "hiring above the minimum" practices utilized by Administrator of Division of Personnel pursuant to section Pers 5.02(1) and (2) Wis. Adm. Code are primarily matters of compensation and wage rates related to salary-schedule adjustments and are subject to collective bargaining in some degree under sec. 111.91(1), Stats. (Unpub.). 65-1978

Layoffs

Layoff and reinstatement provisions in sec. 118.23, Stats., are to be applied separately to classroom teachers and principals. 70-6

Migrant workers

"Sharecropping" or other agreements attempting to establish the migrant worker as an independent contractor violate the Wisconsin Migrant Law, secs. 103.90-103.97, Stats. 71-92

Minimum wage

Section 104.01 to 104.12, Stats., inclusive, known as the Minimum Wage Law, do not apply to the State or its political subdivisions as employers. 62-47

Prison guards

Upon appropriate call, state traffic patrol officers may act as peace officers during a prison riot or other disturbance even when this occurs during a strike of prison guards; they may not, however, perform other duties of guards. 68-104

Raised hiring rate"

"Raised hiring rate" and "hiring above the minimum" practices utilized by Administrator of Division of Personnel pursuant to section Pers 5.02(1) and (2) Wis. Adm. Code are primarily matters of compensation and wage rates related to salary-schedule adjustments and are subject to collective bargaining in some degree under sec. 111.91(1), Stats. (Unpub.). 65-1978

Ski resorts and amusement parks

Public ski resorts and amusement parks which make a charge for enjoyment of their facilities are subject to rules relating to employment made under secs. 103.01 to 103.03, Stats. (Unpub.). 72-1978

Turnkey construction

Turnkey construction may be used for the construction of public works projects unless another method expressly is required. Municipalities are subject to sec. 66.293(3), Stats., the prevailing wage law, on contracts for any project of public works even if done by the turnkey method. 64-100

Turnkey" projects

Typical "turnkey" projects financed by industrial development revenue bonds pursuant to sec. 66.521, Stats., are not subject to sec. 66.293(3), Stats. 63-145

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