105.05 Annotation
Sub. (1) regulates only employment agents “engaged in business" or “doing business" in Wisconsin. Schroeder v. Ajax Corp.
71 Wis. 2d 828,
239 N.W.2d 342 (1976).
105.05 Annotation
Employment agency counselors employed by a licensed employment agent must be licensed. 59 Atty. Gen. 142.
105.06
105.06
Application; bond. 105.06(1)(1)
Application for an employment agent's license shall be made to the department and accompanied by a bond in due form to the state for the penal sum of $5,000 issued by a surety company licensed to do business in this state to be approved by the department, conditioned that the agent will conform to and not violate this chapter or the rules of the department issued thereunder.
105.06(1m)(a)(a) Except as provided in par.
(bm), the department shall require each applicant for a license under sub.
(1) who is an individual to provide the department with the applicant's social security number, and shall require each applicant for a license under sub.
(1) who is not an individual to provide the department with the applicant's federal employer identification number, when initially applying for or applying to renew the license.
105.06(1m)(b)
(b) If an applicant who is an individual fails to provide the applicant's social security number to the department or if an applicant who is not an individual fails to provide the applicant's federal employer identification number to the department, the department may not issue or renew a license under sub.
(1) to or for the applicant unless the applicant is an individual who does not have a social security number and the applicant submits a statement made or subscribed under oath or affirmation as required under par.
(bm).
105.06(1m)(bm)
(bm) If an applicant who is an individual does not have a social security number, the applicant shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department. A license issued under sub.
(1) in reliance upon a false statement submitted under this paragraph is invalid.
105.06(1m)(c)
(c) The department of workforce development may not disclose any information received under par.
(a) to any person except to the department of revenue for the sole purpose of requesting certifications under s.
73.0301 or the department of children and families for purposes of administering s.
49.22.
105.06(2)
(2) Persons whose fees or charges are paid directly by employers shall register annually with the department to engage in the business specified in s.
105.01 (1) (intro.). The fee to register under this subsection is $5, except that no registration fee is required for an individual who is eligible for a fee waiver under the veterans fee waiver program under s.
45.44.
105.06 Cross-reference
Cross-reference: See also s.
DWD 277.02, Wis. adm. code.
105.06 Annotation
As evidenced by the exclusion of employer-paid agents from the definition of employment agents in s. 105.01 (1) and by the paucity of provisions applying to employer-paid agents versus employment agents in ch. 105 and the Wisconsin Administrative Code, the only reasonable inference that can be drawn is that the legislature saw less need to protect the public interest from inappropriate actions of employer-paid employment agents and consequently intended to apply less stringent supervision over them. A contract made with an employer-paid agent is void if that agent is not registered with the state at the time of execution and performance of the contract. Kleewood, Inc. v. Hart Design & Mfg., Inc.
2006 WI App 264,
297 Wis. 2d 805,
727 N.W.2d 87,
06-0416.
105.07(1)(1)
Each employment agent's license shall be renewed annually. Except as provided in sub.
(3), the license or renewal fee shall be one percent of all fees, charges, commissions, or other compensation actually received during the life of the license or renewal by an employment agent for service as such but in no event less than $50 nor more than $300. Except as provided in sub.
(3), the original license and annual renewal fee for a branch office or each additional place of business in the same community shall be $150.
105.07(2)
(2) The minimum fee shall be paid before a license or renewal thereof is issued. Each employment agent to whom a license has been issued under this chapter shall file with the department, within 10 days after the previous license has expired, a verified statement showing the actual fees, charges, commission or other compensation received by the employment agent for services as such agent during the preceding year and with such statement shall pay the balance of such license fee due the state. Such fees shall be paid to the department and deposited in the general fund.
105.07(3)
(3) An individual who is eligible for a fee waiver under the veterans fee waiver program under s.
45.44 is not required to pay a fee under sub.
(1) for an original license.
105.08
105.08
Authority of department. The department has the power to supervise every employment agency as is necessary to adequately enforce and administer all laws and lawful orders designed to prevent fraud, misrepresentations, false statements, or other unauthorized acts of such employment agent.
105.08 History
History: 1973 c. 226.
105.09
105.09
Visitorial power. Any deputy may enter any employment office or the place of business of any employment agent for the purpose of collecting facts and statistics, examining the records or registers kept by the employment agent and bringing to the attention of the agent any law or any order of the department, or any failure on the part of an employment agent to comply therewith. No employment agent may refuse to admit any deputy to his or her place of business.
105.09 History
History: 1973 c. 226;
1977 c. 29.
105.10
105.10
Department inquiries. Any employment agent receiving from the department any forms calling for information required by the department to administer this chapter and rules promulgated under this chapter, with directions to complete the form, shall cause the form to be properly completed so as to answer fully and correctly each question. The completed form shall be returned to the department at its office within the period fixed by the department.
105.10 History
History: 1973 c. 226;
2001 a. 107.
105.11
105.11
Schedule of fees or charges. 105.11(1)(1)
Every applicant for a license or renewal of a license to engage in the business of an employment agent shall file with the department, within a time fixed by the department, a schedule of the fees or charges made by such employment agent to applicants for employment for any services rendered together with all rules or regulations that may, in any manner, affect the fees charged or to be charged for any service. Fees charged to applicants for employment and such rules or regulations affecting applicants for employment may be changed only with the approval of the department and when changed shall be filed with the department.
105.11(2)
(2) The department may, under s.
105.14, fix a schedule of maximum fees charged by employment agents to applicants for employment for services rendered.
105.11(3)
(3) An employment agent shall not charge, demand, collect or receive a greater compensation for any service performed by the employment agent than is specified in the schedules filed with the department, and no registration fee may be charged without permission from the department.