103.32103.32Recovery 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 HistoryHistory: 1971 c. 271, 307; 1975 c. 380 s. 5.
103.33103.33Discriminatory 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 HistoryHistory: 1989 a. 228.
103.34103.34Regulation of traveling sales crews.
103.34(1)(1)Definitions: In this section:
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), 940.198 (2), 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, 948.125, 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, 943.231, 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)(b)4.4. A violation 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(1)(c)(c) “Hazardous material” has the meaning given in 49 USC 5102 (2).
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)(3)Application for 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).