Skip navigation Wisconsin State Legislature

CR 18-033 Rule Text

Department of Workforce Development (DWD)

Administrative Code Chapter Group Affected:

Chs. DWD 100-150; Unemployment Insurance

Administrative Code Chapters Affected:

Ch. DWD 100 (Revised)

Ch. DWD 101 (Revised)

Ch. DWD 102 (Revised)

Ch. DWD 103 (Revised)

Ch. DWD 110 (Revised)

Ch. DWD 111 (Revised)

Ch. DWD 113 (Revised)

Ch. DWD 114 (Revised)

Ch. DWD 115 (Revised)

Ch. DWD 120 (Revised)

Ch. DWD 127 (Revised)

Ch. DWD 128 (Revised)

Ch. DWD 129 (Revised)

Ch. DWD 130 (Repealed)

Ch. DWD 131 (Revised)

Ch. DWD 132 (Revised)

Ch. DWD 133 (Revised)

Ch. DWD 135 (Revised)

Ch. DWD 136 (Revised)

Ch. DWD 140 (Revised)

Ch. DWD 142 (Revised)

Ch. DWD 147 (Revised)

Ch. DWD 149 (Revised)

Ch. DWD 150 (Revised)

Related to: Non-substantive or minor technical changes to various DWD rule chapters

Date Rule Approved by Governor: June 1, 2017

Date Rule Filed with LRB: April 30, 2019

Date Published: May 28, 2019

Effective Date: June 1, 2019

Up
Rules Clearinghouse No. 18-033  
ORDER OF THE WISCONSIN
DEPARTMENT OF WORKFORCE DEVELOPMENT
CREATING AND ADOPTING RULES
    The Wisconsin department of workforce development adopts the following order to repeal DWD 100.02 (1), (25), (26), (46), and (66), 102.02 (3) (b), 110.07 (5) and (7), 111.02 (1) (b), (4), and (Note), 111.03 (2), 111.04, 111.06 (3), 129.01 (4) (e) (intro.), 1., and 2., ch. 130, 132.04 (2) (b), 140.01 (2) (b) 1., 3., and (c) 7. (Note), 147.01 (1) (a) to (c), and 150.03 (intro.) and (1); to renumber DWD 100.02 (17), (28), (31), (44m), (52), (55), (64), (65), and (69), 111.001, 128.001, 132.001, and 140.001 (2) (ag), (am), and (ar); to renumber and amend DWD 100.02 (2), (10), (32), (33), (51), (53), (54), (62), (63), (68), and (72), 101.001 (2), 111.02 (1) (a), 111.03 (1), 113.001 (2) (b), 115.001 (2), 127.06 (2), 140.001 (2) (b), and 147.01 (1) (intro.); to amend DWD 100.02 (43), 101 (title), 101.01, 101.02, 101.05 (1), 102.02 (1), (3) (a), 103.01 (intro.) and (1), 110.02 (2) (intro.), (a) to (d), and (3), 110.05, 110.06 (5) (a), (b) (intro.), 1., 2., (c), and (d), 110.07 (3) (a), (4), and (8), 110.08 (2), 110.09 (1), 110.10 (1) (intro.) and (a), 111.02 (2) (intro.) and (a) to (c), 111.06 (1) and (2), 113.001 (1), (2) (intro.), and (d), 113.02 (1) (a), (b), (2) (intro.), (a) to (d), (f), and (3), 113.025 (1) (c) to (f), 113.03 (1), (3), and (4) (intro.), (a), and (b), 113.04, 113.05 (1), (2), and (4), 113.06, 113.07, 114.20 (1) (intro.) and (a), 114.30 (1), 114.50, 115.01 (5) (intro.), (a) to (j), and (6), 115.02 (intro.), (1), and (2), 115.03 (2) and (4), 115.04 (1) (intro.), (a), and (b), 115.05 (intro.) and (1) to (3), 115.06 (1), 115.07 (1) and (2) (a) to (c), 115.08 (title), (1) and (2), 115.09 (1), (4) (intro.), (a), and (b), 115.10 (3) (a) and (b), 115.11 (1) (intro.), (a), (2) (b), and (c), 127.01 (3), 127.02 (11) (intro.), 127.07 (2) (intro.), 128.01 (1), 129.01 (4) (intro.) and (a), 129.03, 131.001 (2) (intro.) and (b), 131.10 (title), (1) (intro.), (a), (2) (intro.), (b), (c) 4., (d), (e) (intro.), (g), (3) (intro.), (a), (4) (intro.), (b), (c) 4., (d), (e) (intro.), (f), (6) (b) (intro.), 1., 2., 4., (c) (intro.), 1., 2., and (7) (a) to (c), 131.30 (1) (a) (intro.), 131.40 (1), 132.04 (1), (2) (intro.), and (a), 132.05 (1) (a), (b), (2), 133.02 (1) (a), (b) (intro.), and (c), 135.04 (1), 136.001 (2) (a), (b), and (f), 136.02 (2) (b) (Note), 136.03 (1) (c) 3. (Note), 140.01 (1), (2), (a), (b) 4., (c) 1., and 5. to 7., 140.04 (2), 140.05 (1) to (4), 140.06 (1) to (3), 140.07 (1) (intro.), (2), (3) (intro.), and (4), 140.08, 140.09 (1) (a) to (c), (2), (3) (intro.), (b), (4) (a) 1., and (b) to (d), 140.10 (1), (2) (intro.), (3), and (4), 140.11, 140.12, 140.13, 140.15, 140.16, 140.17 , 140.18 and (Note), 140.19, 140.20 (1), (2), (4) (c) and (d), 140.21, 140.22 (1) (c) and (3) (a) and (b), 142.02 (2) to (5) and (7) (b), 149.001 (2) (d), 149.02 (2) (b), 149.05 (1) (intro.), (a), (c), (d) (intro.), and 5., 149.06 (4), 149.07 (6), 150.05, and 150 (table); to repeal and recreate DWD 140.22 (1) (c) (Note) and 142.02 (5) (Note); and to create DWD 100.02 (16f), 103.01 (2), 111.001 (2) (intro.), 111.03 (Note), 111.06 (2) (Note), 113.001 (2) (ar), 120.01 (Note), 120.03 (2) (Note), 128.001 (2) (intro.), 132.001 (2) (intro.), 136.001 (2) (a) (Note), (b) (Note), and (f) (Note), 140.001 (2) (d), 140.01 (2) (c) 8., 140.09 (3) (f) (Note), 149.001 (2) (d) (Note), 150.05 (Note) relating to minor and technical changes to the unemployment insurance program.
Analysis Prepared by the Department of
Workforce Development
Statutes Interpreted
Statutes interpreted: ch. 108, Stats.
Statutory Authority
Section 108.14 (2), Stats.
Explanation of Statutory Authority
Under s. 108.14 (2), Stats., the department may adopt and enforce all rules which it finds necessary or suitable to carry out the unemployment insurance program.
Related Statutes or Rules
Ch. 108, Stats. and chs. DWD 100-150.
Plain Language Analysis
The Wisconsin unemployment insurance program is administered under chs. DWD 100-150. This rule is minor and technical in nature and is designed as a “clean-up.” This rule is promulgated to align current rules with federal laws and state statute. In addition, the rule updates obsolete or incorrect cross-references, informs the public of where to obtain information or how to contact the department, and clarifies language.
Chapter DWD 100 provides definitions for all terms that are applied to chs. DWD 100-150. This rule made changes to ch. DWD 100, such as:
Repeals the definitions “fax,” “first shift,” “profiling system,” and “unemployment insurance office” because they are no longer used in chs. DWD 100-150.
Renumbers the definition “decision” from ch. DWD 113 to ch. DWD 100, because the term is referenced in multiple chapters within chs. DWD 100-150.
Amends the definition “payroll base” to specify the statutory amount.
Amends the definition “total unemployment and totally unemployed” to only “total unemployment”.
Amends the definitions “disposable earnings,” “federal minimum hourly wage,” and “levy” to reference statute because they are already defined in statute.
Amends the definition of “newly hired employee” under s. DWD 142.02 (7) (b) to reflect an unpaid absence of 60 days rather than 90 days as required by federal guidance.
Amends the definition of “public official” in s. DWD 149.001 to reflect the new federal definition that was enacted to align with the Wisconsin Innovation and Opportunity Act.
The following definitions were renumbered from ch. DWD 100 because the terms are only used in specific chapters:
“Informer” is renumbered in ch. DWD 101 and amended to “informant.”
“Wage report” and “wage reporting” are renumbered in ch. DWD 111.
“Compromise,” “same business or operation,” and “settle” are renumbered in ch. DWD 113.
“Transfer percentage,” transferee,” and “transferor” are renumbered in ch. DWD 115.
“Full-time,” “shift,” “total unemployment,” and “weekly certification” are renumbered in ch. DWD 128.
“Health care facility,” “sexual contact,” and “sexual intercourse” are renumbered in ch. DWD 132
“Agent state,” “ease of access,” and “hearing office” are renumbered in ch. DWD 140.
In addition, this rule:
Amends the title for ch. DWD 101 to include “benefit purposes” and s. DWD 101.01 to clarify how the department shall apply the definition of wages for benefit purposes.
Creates s. DWD 103.01 (2) to include “unpaid managers of a limited liability company” as excluded “employment” to align with statute.
Repeals ss. DWD 110.07 (5) and (7) because due dates for filing certain reports are already identified in statute.
Amends DWD 110.07 (8) to clarify the requirement for an employer to remit contributions as prescribed by the department.
Down
Loading...
Loading...
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.