reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 102 - Worker's compensation. › 102.58 - Decreased compensation.

102.58
Decreased compensation.
(1)
If injury is caused by the failure of the employee to use safety devices that are provided in accordance with any statute, rule, or order of the department of safety and professional services and that are adequately maintained, and the use of which is reasonably enforced by the employer, or if injury results from the employee's failure to obey any reasonable rule adopted and reasonably enforced by the employer for the safety of the employee and of which the employee has notice, the compensation and death benefit provided in this chapter shall be reduced by 15 percent, but the total reduction may not exceed $15,000.
(2)
If an employee violates the employer's policy concerning employee drug or alcohol use and is injured, and if that violation is causal to the employee's injury, no compensation or death benefits shall be payable to the injured employee or a dependent of the injured employee and no payment under s. 102.49 (5) (b) or (c) shall be payable. Nothing in this subsection shall reduce or eliminate an employer's liability for incidental compensation under s. 102.42 (1) to (8) or drug treatment under s. 102.425.
History:  1971 c. 148; 1981 c. 92; 1983 a. 98; 1987 a. 179; 1995 a. 448; 2001 a. 37; 2015 a. 55, 180; 2021 a. 29.
The burden of proof is on the employer to establish not only the fact of intoxication, but also a causal connection between the condition and the injury or accident. Haller Beverage Corp. v. DILHR, 49 Wis. 2d 233, 181 N.W.2d 418 (1970).
This section and s. 102.57 may be applicable in the same case if the negligence of both the employer and employee are causes of the employee's injury. Milwaukee Forge v. DILHR, 66 Wis. 2d 428, 225 N.W.2d 476 (1975).
Whether a traveling employee's multiple drinks at a tavern was a deviation was irrelevant when the employee was injured while engaged in a later act reasonably necessary to living. Under this section, intoxication does not defeat a worker's compensation claim but only decreases the benefits. Heritage Mutual Insurance Co. v. Larsen, 2001 WI 30, 242 Wis. 2d 47, 624 N.W.2d 129, 98-3577.
2023 Wisconsin Statutes & Annotations › Chapter 102 - Worker's compensation. › 102.59 - Preexisting disability, indemnity.

102.59
Preexisting disability, indemnity.
(1)
Subject to any certificate filed under s. 102.65 (4), if at the time of injury an employee has permanent disability that if it had resulted from that injury would have entitled the employee to indemnity for 200 weeks and if as a result of that injury the employee incurs further permanent disability that entitles the employee to indemnity for 200 weeks, the employee shall be paid from the funds provided in this section additional compensation equivalent to the amount that would be payable for that previous disability if that previous disability had resulted from that injury or the amount that is payable for that further disability, whichever is less, except that an employee may not be paid that additional compensation if the employee has already received compensation under this subsection. If the previous and further disabilities result in permanent total disability, the additional compensation shall be in such amount as will complete the payments that would have been due had the permanent total disability resulted from that injury. This additional compensation accrues from, and may not be paid to any person before, the end of the period for which compensation for permanent disability resulting from the injury is payable by the employer, and shall be subject to s. 102.32 (6), (6m), and (7). No compromise agreement of liability for this additional compensation may provide for any lump sum payment.
(1m)
A compromise order issued under s. 102.16 (1) may not be admitted as evidence in any action or proceeding for benefits compensable under this section.
(2)
In the case of the loss or of the total impairment of a hand, arm, foot, leg, or eye, the employer shall pay $20,000 into the state treasury. The payment shall be made in all such cases regardless of whether the employee or the employee's dependent or personal representative commences action against a 3rd party as provided in s. 102.29.
(3)
All payments received under this section shall be deposited in the fund established by s. 102.65.
History:  1971 c. 148; 1971 c. 260 s. 92 (4); 1973 c. 150; 1975 c. 147; 1977 c. 195; 1981 c. 92; 1985 a. 83, 173; 1987 a. 179; 2001 a. 37; 2003 a. 144; 2005 a. 172; 2011 a. 183.
The fund was not liable for disability benefits when an employer was liable for permanent total disability. Green Bay Soap Co. v. DILHR, 87 Wis. 2d 561, 275 N.W.2d 190 (Ct. App. 1979).
2023 Wisconsin Statutes & Annotations › Chapter 102 - Worker's compensation. › 102.60 - Minor illegally employed.

102.60
Minor illegally employed.
(1m)
When the injury is sustained by a minor who is illegally employed, the employer, in addition to paying compensation to the minor and death benefits to the dependents of the minor, shall pay the following amounts into the state treasury, for deposit in the fund established under s. 102.65:
(a)
An amount equal to the amount recoverable by the injured employee, but not to exceed $7,500, if the injured employee is a minor of permit age and at the time of the injury is employed, required, suffered, or permitted to work without a written permit issued under ch. 103, except as provided in pars. (b) to (d).
(b)
An amount equal to double the amount recoverable by the injured employee, but not to exceed $15,000, if the injured employee is a minor of permit age and at the time of the injury is employed, required, suffered, or permitted to work without a permit in any place of employment or at any employment in or for which the department acting under ch. 103, has adopted a written resolution providing that permits shall not be issued.
(c)
An amount equal to double the amount recoverable by the injured employee, but not to exceed $15,000, if the injured employee is a minor of permit age or older and at the time of the injury is employed, required, suffered, or permitted to work at prohibited employment.
(d)
An amount equal to double the amount recoverable by the injured employee, but not to exceed $15,000, if the injured employee is a minor under permit age and is illegally employed.
(5)
(a)
A permit or certificate of age that is unlawfully issued by an officer specified in ch. 103, or that is unlawfully altered after issuance, without fraud on the part of the employer, shall be considered a permit for purposes of this section.
(b)
If the employer is misled in employing a minor illegally because of fraudulent written evidence of age presented by the minor, the employer is not required to pay the amounts specified in sub. (1m).
(7)
This section does not apply to a person selling or distributing newspapers or magazines on the street or from house to house if the agency or publisher for whom the person sells or distributes newspapers or magazines establishes by affirmative proof that at the time of the injury the person was not employed with the actual or constructive knowledge of the agency or publisher.
(8)
This section does not apply to liability arising under s. 102.06 unless the employer sought to be charged knew or should have known that the minor was illegally employed by the contractor or subcontractor.
History:  1975 c. 147 s. 57; 1975 c. 199; 1977 c. 29, 195; 2005 a. 172; 2009 a. 206; 2015 a. 180; 2017 a. 11.
2023 Wisconsin Statutes & Annotations › Chapter 102 - Worker's compensation. › 102.62 - Primary and secondary liability; unchangeable.

102.62
Primary and secondary liability; unchangeable.
In case of liability under s. 102.57 or 102.60, the liability of the employer shall be primary and the liability of the insurance carrier shall be secondary. If proceedings are had before the division for the recovery of that liability, the division shall set forth in its award the amount and order of liability as provided in this section. Execution shall not be issued against the insurance carrier to satisfy any judgment covering that liability until execution has first been issued against the employer and has been returned unsatisfied as to any part of that liability. Any provision in any insurance policy undertaking to guarantee primary liability or to avoid secondary liability for a liability under s. 102.57 or 102.60 is void. If the employer has been adjudged bankrupt or has made an assignment for the benefit of creditors, if the employer, other than an individual, has gone out of business or has been dissolved, or if the employer is a corporation and its charter has been forfeited or revoked, the insurer shall be liable for the payment of that liability without judgment or execution against the employer, but without altering the primary liability of the employer.
History:  2005 a. 172; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 102 - Worker's compensation. › 102.63 - Refunds by state.

102.63
Refunds by state.
Whenever the department shall certify to the secretary of administration that excess payment has been made under s. 102.59 or under s. 102.49 (5) either because of mistake or otherwise, the secretary of administration shall within 5 days after receipt of such certificate draw an order against the fund in the state treasury into which such excess was paid, reimbursing such payor of such excess payment, together with interest actually earned thereon if the excess payment has been on deposit for at least 6 months.
History:  1981 c. 92; 2003 a. 33.
2023 Wisconsin Statutes & Annotations › Chapter 102 - Worker's compensation. › 102.64 - Attorney general shall represent state and commission.

102.64
Attorney general shall represent state and commission.
(1)
Upon request of the department of administration, a representative of the department of justice shall represent the state in cases involving payment into or out of the state treasury under s. 20.865 (1) (fm), (kr), or (ur) or 102.29. The department of justice, after giving notice to the department of administration, may compromise the amount of those payments but such compromises shall be subject to review by the department or the division. If the spouse or domestic partner under ch. 770 of the deceased employee compromises his or her claim for a primary death benefit, the claim of the children of the employee under s. 102.49 shall be compromised on the same proportional basis, subject to approval by the department or the division. If the persons entitled to compensation on the basis of total dependency under s. 102.51 (1) compromise their claim, payments under s. 102.49 (5) (a) shall be compromised on the same proportional basis.
(2)
Upon request of the department of administration, the attorney general shall appear on behalf of the state in proceedings upon claims for compensation against the state. Except as provided in s. 102.65 (3), the department of justice shall represent the interests of the state in proceedings under s. 102.44 (1), 102.49, 102.59, 102.60, or 102.66. The department of justice may compromise claims in those proceedings, but the compromises are subject to review by the department or the division. Costs incurred by the department of justice in prosecuting or defending any claim for payment into or out of the work injury supplemental benefit fund under s. 102.65, including expert witness and witness fees but not including attorney fees or attorney travel expenses for services performed under this subsection, shall be paid from the work injury supplemental benefit fund.
(3)
In any action to review an order or award of the commission, and upon any appeal therein to the court of appeals, the attorney general shall appear on behalf of the commission, whether any other party defendant shall be represented or not, except that in actions brought by the state the governor shall appoint an attorney to appear on behalf of the commission.
History:  1975 c. 147; 1977 c. 187 s. 134; 1977 c. 195; 1979 c. 110 s. 60 (11); 1981 c. 20; 1983 a. 98; 1995 a. 27 ss. 3745g, 9130 (4); 1997 a. 3; 2007 a. 185; 2009 a. 28; 2011 a. 183; 2015 a. 55.
Sub. (3) does not result in providing public counsel for a private party litigant, because nowhere does the statute make the attorney general the claimant's attorney, but expressly states that the attorney general shall appear on behalf of the Department of Industry, Labor and Human Relations. Hunter v. DILHR, 64 Wis. 2d 97, 218 N.W.2d 314 (1974).
2023 Wisconsin Statutes & Annotations › Chapter 102 - Worker's compensation. › 102.65 - Work injury supplemental benefit fund.

102.65
Work injury supplemental benefit fund.
(1)
The moneys payable to the state treasury under ss. 102.35 (1), 102.47, 102.49, 102.59, and 102.60, together with all accrued interest on those moneys, and all interest payments received under s. 102.75 (2), shall constitute a separate nonlapsible fund designated as the work injury supplemental benefit fund. Moneys in the fund may be expended only as provided in s. 20.445 (1) (t) and may not be used for any other purpose of the state.
(2)
For proper administration of the moneys available in the fund the department shall by order, set aside in the state treasury suitable reserves to carry to maturity the liability for benefits under ss. 102.44, 102.49, 102.59 and 102.66. Such moneys shall be invested by the investment board in accordance with s. 25.14 (5).
(3)
The department of workforce development may retain the department of administration to process, investigate, and pay claims under ss. 102.44 (1), 102.49, 102.59, and 102.66. If retained by the department of workforce development, the department of administration may compromise a claim processed by that department, but a compromise made by that department is subject to review by the department of workforce development or the division. The department of workforce development shall pay for the services retained under this subsection from the appropriation account under s. 20.445 (1) (t).
(4)
The secretary shall monitor the cash balance in, and incurred losses to, the work injury supplemental benefit fund using generally accepted actuarial principles. If the secretary determines that the expected ultimate losses to the work injury supplemental benefit fund on known claims exceed 85 percent of the cash balance in that fund, the secretary shall consult with the council on worker's compensation. If the secretary, after consulting with the council on worker's compensation, determines that there is a reasonable likelihood that the cash balance in the work injury supplemental benefit fund may become inadequate to fund all claims under ss. 102.49, 102.59, and 102.66, the secretary shall file with the secretary of administration a certificate attesting that the cash balance in that fund is likely to become inadequate to fund all claims under ss. 102.49, 102.59, and 102.66 and specifying one of the following:
(a)
That payment of those claims will be made as provided in a schedule that the department shall promulgate by rule.
(b)
A date after which payment of those claims will be reduced.
(c)
A date after which no new claims under those provisions will be paid.
History:  1975 c. 147; 1977 c. 29; 1981 c. 20 s. 2202 (28) (a); 1983 a. 98 s. 31; 1989 a. 64; 1991 a. 174; 1995 a. 117; 2005 a. 172; 2007 a. 185; 2011 a. 183; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 102 - Worker's compensation. › 102.66 - Payment of certain barred claims.

102.66
Payment of certain barred claims.
(1)
Subject to any certificate filed under s. 102.65 (4), if there is an otherwise meritorious claim for occupational disease, or for a traumatic injury described in s. 102.17 (4) in which the date of injury or death or last payment of compensation, other than for treatment or burial expenses, is before April 1, 2006, and if the claim is barred solely by the statute of limitations under s. 102.17 (4), the department or the division may, in lieu of worker's compensation benefits, direct payment from the work injury supplemental benefit fund under s. 102.65 of such compensation and such medical expenses as would otherwise be due, based on the date of injury, to or on behalf of the injured employee. The benefits shall be supplemental, to the extent of compensation liability, to any disability or medical benefits payable from any group insurance policy whose premium is paid in whole or in part by any employer, or under any federal insurance or benefit program providing disability or medical benefits. Death benefits payable under any such group policy do not limit the benefits payable under this section.
(2)
In the case of occupational disease, or of a traumatic injury described in s. 102.17 (4) in which the date of injury or death or last payment of compensation, other than for treatment for burial expenses, is before April 1, 2006, appropriate benefits may be awarded from the work injury supplemental benefit fund when the status or existence of the employer or its insurance carrier cannot be determined or when there is otherwise no adequate remedy, subject to the limitations contained in sub. (1).
History:  1975 c. 147; 1979 c. 278; 2001 a. 37; 2005 a. 172; 2011 a. 183; 2015 a. 55.
This section authorizes the award of benefits for otherwise meritorious claims barred by the statute of limitations in effect at the time the claim arose. State v. DILHR, 101 Wis. 2d 396, 304 N.W.2d 758 (1981).
When a disabled worker could have claimed permanent total disability benefits under this section, but failed to do so before dying of causes unrelated to a compensable injury, a surviving dependent may not claim the disability benefits. State v. LIRC, 136 Wis. 2d 281, 401 N.W.2d 585 (1987).
2023 Wisconsin Statutes & Annotations › Chapter 102 - Worker's compensation. › 102.84 - Preference of required payments.

102.84
Preference of required payments.
Subject to the federal bankruptcy laws, in the event of an uninsured employer's dissolution, reorganization, bankruptcy, receivership, assignment for benefit of creditors, judicially confirmed extension proposal or composition, or any analogous situation including the administration of estates in circuit courts, the payments required of the uninsured employer under s. 102.82 shall have preference over all claims of general creditors and shall be paid next after the payment of preferred claims for wages.
History:  1993 a. 81.
2023 Wisconsin Statutes & Annotations › Chapter 102 - Worker's compensation. › 102.88 - Penalties; repeaters.

102.88
Penalties; repeaters.
(1)
When a person is convicted of any violation of this chapter or of any department rule or order, and it is alleged in the indictment, information or complaint, and proved or admitted on trial or ascertained by the court after conviction that the person was previously subjected to a fine or forfeiture within a period of 5 years under s. 102.85, the person may be fined not more than $2,000 or imprisoned for not more than 90 days or both.
(2)
When any person is convicted and it is alleged in the indictment, information or complaint and proved or admitted on trial or ascertained by the court after conviction that such person had been before subjected to a fine or forfeiture 3 times within a period of 3 years under s. 102.85 and that those convictions remain of record and unreversed, the person may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
History:  1989 a. 64; 1991 a. 85.
2023 Wisconsin Statutes & Annotations › Chapter 102 - Worker's compensation. › 102.89 - Parties to a violation.

102.89
Parties to a violation.
(1)
Whoever is concerned in the commission of a violation of this chapter or of any department rule or order under this chapter for which a forfeiture is imposed is a principal and may be charged with and convicted of the violation although he or she did not directly commit it and although the person who directly committed it has not been convicted of the violation.
(2)
A person is concerned in the commission of the violation if the person does any of the following:
(a)
Directly commits the violation.
(b)
Aids and abets the commission of the violation.
(c)
Is a party to a conspiracy with another to commit the violation or advises, hires or counsels or otherwise procures another to commit it.
(3)
No penalty for any violation of this chapter or rule or order of this chapter may be reduced or diminished by reason of this section.
History:  1989 a. 64.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.007 - Local regulation of hours of labor and overtime; statewide concern; uniformity.

103.007
Local regulation of hours of labor and overtime; statewide concern; uniformity.
(1)
The legislature finds that employee hour and overtime requirements that are uniform throughout the state is a matter of statewide concern and that the enactment of an ordinance by a city, village, town, or county regulating employee hours or overtime would be logically inconsistent with, would defeat the purpose of, and would go against the spirit of the employee hour and overtime requirements. Therefore, the employee hour and overtime requirements shall be construed as an enactment of statewide concern for the purpose of providing employee hour and overtime requirements that are uniform throughout the state.
(2)
In this section, “employee hour and overtime requirements” means the requirements set forth in ss. 103.01 to 103.03, 103.24, 103.38, 103.65 (2), 103.66 (2), 103.67 (1), 103.68, 103.85, 103.915 (4) (b), 103.93 (4), 103.935, and 104.045 (3) and in the rules promulgated under those sections.
(3)
(a)
Subject to par. (c), no city, village, town, or county may enact or enforce an ordinance that regulates employee hours or overtime, including scheduling employee work hours or shifts.
(b)
Subject to par. (c), if a city, village, town, or county has in effect on April 18, 2018, an ordinance that regulates employee hours or overtime, including scheduling employee work hours or shifts, the ordinance does not apply and may not be enforced.
(c)
Nothing in this section prohibits a city, village, town, or county from enacting or enforcing any of the following ordinances:
1.
An ordinance that limits the hours that a business may operate.
2.
An ordinance described in s. 103.34 (14) (b) that regulates hours or overtime of a traveling sales crew worker, as defined in s. 103.34 (1) (f).
History:  2017 a. 327.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.01 - Hours of labor; definitions.

103.01
Hours of labor; definitions.
In ss. 103.01 to 103.03:
(1)
(a)
“Employer" means every person having control or custody of any employment or place of employment.
(b)
“Employer" includes the state, its political subdivisions and any office, department, independent agency, authority, institution, association, society or other body in state or local government created or authorized to be created by the constitution or any law, including the legislature and the courts.
(2)
“Employment" means any trade, occupation or process of manufacture, or any method of carrying on such trade or occupation in which any person may be engaged, or for any place of employment.
(3)
“Place of employment" means any manufactory, mechanical or mercantile establishment, beauty parlor, laundry, restaurant, confectionary store, or telegraph or telecommunications office or exchange, any express or transportation establishment or any hotel.
History:  1971 c. 228 s. 44; 1975 c. 94; 1983 a. 189; 1985 a. 297 s. 76; 1989 a. 225.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.02 - Hours of labor.

103.02
Hours of labor.
No person may be employed or be permitted to work in any place of employment or at any employment for such period of time during any day, night or week, as is dangerous or prejudicial to the person's life, health, safety or welfare. The department shall investigate, ascertain, determine and fix such reasonable classification, and promulgate rules fixing a period of time, or hours of beginning and ending work during any day, night or week, which shall be necessary to protect the life, health, safety or welfare of any person, or to carry out the purposes of ss. 103.01 to 103.03. The department shall, by rule, classify such periods of time into periods to be paid for at regular rates and periods to be paid for at the rate of at least one and one-half times the regular rates. Such investigations, classifications and orders shall be made as provided in s. 103.005 and the penalties under s. 103.005 (12) shall apply to and be imposed for any violation of ss. 103.01 to 103.03. Such orders shall be subject to review in the manner provided in ch. 227. Section 111.322 (2m) applies to discharge or other discriminatory acts arising in connection with any proceeding under this section.
History:  1971 c. 228 s. 43; 1975 c. 94; 1989 a. 228; 1995 a. 27.
This chapter does not provide the exclusive remedy for enforcement of claims under this section. Claims may be enforced by a private action brought under s. 109.03 (5). German v. DOT, 223 Wis. 2d 525, 589 N.W.2d 651 (Ct. App. 1998), 98-0250.
Affirmed. 2000 WI 62, 235 Wis. 2d 576, 612 N.W.2d 50, 98-0250.
A violation of the public policy expressed by this section is grounds for a wrongful discharge action. Wilcox v. Niagra of Wisconsin Paper Corp., 965 F.2d 355 (1992).
Wisconsin requires time spent donning and doffing safety gear to be compensated at the minimum wage or higher, and that this time counts toward the limit after which the overtime rate kicks in. Wisconsin law is not preempted by federal law. Spoerle v. Kraft Foods Global, Inc., 614 F.3d 427 (2010).
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.025 - Hours of labor; compensatory time.

103.025
Hours of labor; compensatory time.
(1)
In this section:
(a)
“Compensatory time" means hours during which an employee is not working, which are not counted as hours worked during the workweek or other work period classified by the department by rule promulgated under s. 103.02 for purposes of calculating overtime compensation, and for which the employee is compensated at the employee's regular rate of pay.
(b)
“Employee" has the meaning given in s. 104.01 (2).
(c)
“Overtime compensation" means the compensation required to be paid for hours worked during periods that the department has classified, by rule promulgated under s. 103.02, as periods to be paid for at the rate of at least 1.5 times an employee's regular rate of pay.
(2)
An employer described in s. 103.01 (1) (b) may provide an employee, in lieu of overtime compensation, compensatory time off as permitted under 29 USC 207 (o), as amended to April 15, 1986.
History:  1993 a. 144.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.03 - Violations; penalty.

103.03
Violations; penalty.
The employment of any person in any employment or place of employment at any time other than the permissible hours of labor shall be prima facie evidence of a violation of this section. Every day for each person employed, and every week for each person employed, during which any employer fails to observe or to comply with any order of the department, or to perform any duty enjoined by ss. 103.01 to 103.03, shall constitute a separate offense.
History:  1975 c. 94; Stats. s. 103.03.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.04 - Labor and industry review commission.

103.04
Labor and industry review commission.
(1)
The commission shall issue its decision in any case where a petition for review is filed under ch. 102 or 108 or s. 66.191, 1981 stats., or s. 40.65 (2), 106.52 (4), 106.56 (4), 111.39, 303.07 (7) or 303.21.
(2)
Notwithstanding s. 227.11, the commission may not promulgate rules except that it may promulgate its rules of procedure.
(3)
The commission may employ professional and other persons to assist in the execution of its duties.
History:  1977 c. 29; 1981 c. 278 s. 6; 1981 c. 334 s. 25 (2); 1983 a. 122; 1983 a. 191 s. 6; 1985 a. 182 s. 57; 1987 a. 403 s. 256; 1989 a. 31; 1991 a. 295; 1995 a. 27 s. 3651; Stats. 1995 s. 103.04; 1999 a. 82.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.12 - Local regulation of employment benefits; statewide concern; uniformity.

103.12
Local regulation of employment benefits; statewide concern; uniformity.
(1)
The legislature finds that each employer in this state should be allowed to determine the employment benefits the employer provides to its employees without interference by local governments. The legislature finds that the absence of such local regulations is a matter of statewide concern and that the enactment of an ordinance by a city, village, town, or county regulating the employment benefits an employer provides to its employees would be logically inconsistent with, would defeat the purpose of, and would go against the spirit of the legislature's intent to allow each employer to determine the employment benefits the employer provides to its employees. Therefore, this section shall be construed as an enactment of statewide concern for the purpose of providing uniform regulation throughout the state regarding the employment benefits an employer may be required to provide to its employees.
(2)
In this section, “employment benefit” means anything of value, other than wages and salary, that an employer makes available to an employee, including a retirement, pension, profit sharing, insurance, or leave benefit.
(3)
(a)
Except as provided in ss. 103.10 (1m) (d) and 103.11 (2) (d), no city, village, town, or county may enact or enforce an ordinance requiring an employer to provide certain employment benefits to its employees, to provide a minimum level of employment benefits to its employees, or to prescribe the terms or conditions of employment benefits provided to its employees.
(b)
Except as provided in ss. 103.10 (1m) (d) and 103.11 (2) (d), if a city, village, town, or county has in effect on April 18, 2018, an ordinance requiring an employer to provide certain employment benefits or to provide a minimum level of employment benefits to its employees, the ordinance does not apply and may not be enforced.
History:  2017 a. 327.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.14 - Grooming requirement; notification.

103.14
Grooming requirement; notification.
Each employer shall, at the time of hiring, notify each employee about any hairstyle, facial hair or clothing requirement.
History:  1981 c. 334; 1983 a. 189 s. 329 (4); 1995 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.15 - Restrictions on use of an HIV test.

103.15
Restrictions on use of an HIV test.
(1)
In this section:
(a)
“Employer" includes the state, its political subdivisions and any office, department, independent agency, authority, institution, association, society or other body in state or local government created or authorized to be created by the constitution or any law, including the legislature and the courts.
(am)
“HIV" means any strain of human immunodeficiency virus, which causes acquired immunodeficiency syndrome.
(b)
“HIV infection" means the pathological state produced by a human body in response to the presence of HIV.
(bm)
“HIV test" has the meaning given in s. 252.01 (2m).
(c)
“State epidemiologist" means the individual designated by the secretary of health services as the individual in charge of communicable disease control for this state.
(2)
Notwithstanding ss. 227.01 (13) and 227.10 (1), unless the state epidemiologist determines and the secretary of health services declares under s. 250.04 (1) or (2) (a) that individuals who have HIV infections may, through employment, provide a significant risk of transmitting HIV to other individuals, no employer or agent of an employer may directly or indirectly:
(a)
Solicit or require an HIV test as a condition of employment of any employee or prospective employee.
(b)
Affect the terms, conditions or privileges of employment or terminate the employment of any employee who obtains an HIV test, as defined in s. 252.01 (2m).
(3)
Any agreement by an employer or agent of the employer and an employee or prospective employee offering employment or any pay or benefit to an employee or prospective employee in return for taking an HIV test is prohibited, except as provided under sub. (2) (intro.).
History:  1985 a. 29, 73; 1987 a. 70 ss. 1, 36; 1987 a. 403 s. 256; 1989 a. 201 ss. 6, 36; 1989 a. 225; 1993 a. 27; 1995 a. 27 s. 9126 (19); 2007 a. 20 s. 9121 (6) (a); 2009 a. 209.
A police and fire commission is an “employer" under this section and may not test paramedic candidates for the HIV virus. 77 Atty. Gen. 181.
The Rights of an AIDS Victim in Wisconsin. Smigelski. 70 MLR 55 (1986).
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.16 - Seats for employees; penalty.

103.16
Seats for employees; penalty.
Every employer employing employees in any manufacturing, mechanical or mercantile establishment in this state shall provide suitable seats for its employees, and shall permit the use of those seats by its employees when the employees are not necessarily engaged in the active duties for which they are employed. Any employer who violates this section may be fined not less than $10 nor more than $30 for each offense.
History:  1975 c. 94 s. 91 (17); 1997 a. 253.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.17 - Mutual forfeit.

103.17
Mutual forfeit.
Any employer engaged in manufacturing that requires its employees, under penalty of forfeiture of a part of the wages earned by those employees, to provide a notice of intention to leave the employer's employ shall be liable for the payment of a like forfeiture if the employer discharges, without similar notice, an employee, other than for incapacity or misconduct, except in case of a general suspension of labor in the employer's shop or factory or in the department of the employer's shop or factory in which the employee is employed.
History:  1993 a. 492; 1997 a. 253.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.18 - Threat or promise to influence vote.

103.18
Threat or promise to influence vote.
No person shall, by threatening to discharge a person from his or her employment or threatening to reduce the wages of a person or by promising to give employment at higher wages to a person, attempt to influence a qualified voter to give or withhold the voter's vote at an election.
History:  1993 a. 492.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.20 - Penalty.

103.20
Penalty.
Any person who violates s. 103.15 (2) or (3), 103.17, or 103.18 shall be fined not more than $100.
History:  1985 a. 29; 1985 a. 73 s. 8; 2017 a. 11.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.21 - Street trades; definitions.

103.21
Street trades; definitions.
As used in ss. 103.21 to 103.31:
(1)
Every minor selling or distributing newspapers or magazines on the streets or other public place, or from house to house, is in an “employment" and an “employee," and each independent news agency or (in the absence of all such agencies) each selling agency of a publisher or (in the absence of all such agencies) each publisher, whose newspapers or magazines the minor sells or distributes, is an “employer" of the minor. Every minor engaged in any other street trade is in an “employment" and an “employee," and each person furnishing the minor articles for sale or distribution or regularly furnishing the minor material for blacking boots is the minor's “employer".
(1g)
“House-to-house employer" means an employer who employs minors, either directly or through an agent who need not be an employee of the employer, to conduct street trades from house to house through personal contact with prospective customers.
(1r)
“Municipality" means a city, village or town.
(2)
“Nonprofit organization" means an organization described in section 501 (c) of the internal revenue code.
(3)
“Permit officer" means any person designated by the department to issue street trade permits.
(4)
“Private school" has the meaning given in s. 115.001 (3r).
(5)
“Public school" has the meaning given in s. 115.01 (1).
(6)
“Street trade" means the selling, offering for sale, soliciting for, collecting for, displaying or distributing any articles, goods, merchandise, commercial service, posters, circulars, newspapers or magazines, or the blacking of boots, on any street or other public place or from house to house.
(7)
“Tribal school" has the meaning given in s. 115.001 (15m).
History:  1971 c. 271; 1983 a. 189; 1985 a. 1; 1989 a. 113; 1993 a. 492; 2009 a. 302.
There can be no employment under sub. (1) between a publisher and a minor distributing newspapers without the publisher having actual or implied knowledge of the minor's activities. Beard v. Lee Enterprises, Inc., 225 Wis. 2d 1, 591 N.W.2d 156 (1999), 96-3393.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.22 - General standards and powers of the department.

103.22
General standards and powers of the department.
The general standards for the employment of minors set forth in s. 103.65 apply to the employment of minors in street trades, and in relation to that employment the department has the powers and duties specified in s. 103.66. Except as the department exercises those powers, the employment of minors in street trades shall be in accordance with ss. 103.23 to 103.31.
History:  1971 c. 271.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.23 - Age minimum.

103.23
Age minimum.
(1)
Except as provided in sub. (2), a minor under 12 years of age shall not be employed or permitted to work at any time in any street trade.
(2)
A minor under 12 years of age may work in a fund-raising sale for a nonprofit organization, a public school, a private school, or a tribal school under the following conditions:
(a)
Each minor must give the nonprofit organization, public school, private school, or tribal school written approval from the minor's parent or guardian.
(b)
Each minor under 9 years of age or each group containing one or more minors under 9 years of age must be physically accompanied by a parent or a person at least 16 years of age.
History:  1971 c. 271; 1973 c. 183; 1985 a. 1; 2009 a. 302.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.24 - Hours of work.

103.24
Hours of work.
The department shall determine and fix reasonable hours of employment for minors under 16 years of age in street trades. Except as provided in this section, the department may not fix hours of employment for minors under 16 years of age in street trades that exceed the maximum hours per day and per week specified in s. 103.68 (2) (a) and (b), that exceed the maximum days per week specified in s. 103.68 (2) (c), or that begin earlier or end later than the hours specified in s. 103.68 (2) (d) and (e). The department may not limit the hours of employment for minors 16 years of age or over in street trades or the hours of employment for minors of any age who are engaged in the delivery of newspapers to the consumer.
History:  1971 c. 271; 2011 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.245 - Designation of a permit officer.

103.245
Designation of a permit officer.
(1)
(a)
The department shall designate a school board, as defined in s. 115.001 (7), as a permit officer unless the school board refuses the designation.
(b)
A school board designated as a permit officer under par. (a) may assign the duties of permit officer to an officer or employee of the school district.
(2)
The department may designate persons other than school boards as permit officers, regardless of whether any school board refuses designation as a permit officer under sub. (1) (a).
History:  1987 a. 187.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.25 - Permits and identification cards.

103.25
Permits and identification cards.
(1)
A minor under 16 years of age shall not be employed or permitted to work at any street trade unless the minor's employer first obtains from the department or a permit officer a street trade permit and the minor first obtains an identification card, both issued in accordance with this section.
(2)
If upon investigation, the department determines that there are practical difficulties or unnecessary hardships in carrying out sub. (1), the department may by general or special order make reasonable exceptions or modifications with due regard for the life, health, safety and welfare of minors employed in street trades. The investigation and orders shall be made as provided under s. 103.005. These orders are subject to review as provided in ch. 227.
(3)
The form and requisites of street trade permits shall be the same as those specified for permits authorizing the employment of minors under s. 103.73, except as provided in sub. (3m) and except that the permits may be issued on special street trade permit forms, in a form determined by the department. Each minor for whom a street trade permit is issued shall be provided by the department or the permit officer issuing the permit with a street trade identification card, in a form determined by the department. The minor shall carry the identification card while engaged in street trade employment and may not transfer it to any other person.
(3m)
(a)
In addition to the information required for a street trade permit under sub. (3), a street trade permit obtained by a house-to-house employer shall contain the minor's permanent home address and social security number.
(b)
A house-to-house employer shall have a copy of the street trade permit issued for the minor stamped or endorsed by the clerk of any municipality where the minor conducts a street trade from house to house.
(c)
This subsection does not apply to employment of a minor by a newspaper publisher or in a fund-raising sale for a nonprofit organization, a public school, a private school, or a tribal school.
(4)
In relation to employment in street trades a permit issued under this section has the same force and effect as a permit issued under ss. 103.64 to 103.82; and the failure to obtain a permit when required under this section subjects the employer to the same penalties and liabilities as failure to obtain a permit when required under ss. 103.64 to 103.82.
(5)
This section does not apply to employment of a minor in a fund-raising sale for a nonprofit organization, a public school, a private school, or a tribal school.
History:  1971 c. 228 s. 43; 1971 c. 271, 307; 1973 c. 183; 1985 a. 1; 1987 a. 187; 1989 a. 113; 1993 a. 492; 1995 a. 27; 2001 a. 107; 2009 a. 302; 2017 a. 11.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.26 - Refusal or revocation of permits and identification cards.

103.26
Refusal or revocation of permits and identification cards.
(1)
The department or permit officer may refuse to grant a street trade permit and identification card to a minor who seems physically unable to perform the work or whose school record indicates that the minor should not undertake such employment in addition to school, or whenever in the judgment of the department or permit officer the best interests of the minor would be served by such refusal.
(2)
The department may revoke a street trade permit and identification card if the minor for whom such permit was issued is found by the department to have worked when prohibited under s. 103.24, if it appears to the department that such permit was improperly or illegally issued or if in their judgment the best interests of the minor would be served by such revocation. The department shall by registered mail notify such minor and the minor's employer of such revocation. On receipt of such notice the employer shall immediately return the revoked permit and discontinue the employment of such minor, and the minor shall immediately return the revoked identification card to the permit officer.
History:  1973 c. 183; 1993 a. 492.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.27 - Duties of employers of minors in street trades.

103.27
Duties of employers of minors in street trades.
(1)
Every employer of minors in street trades shall keep a record for each minor of his or her name, address and date of birth.
(2)
Every employer shall receive and file a street trade permit authorizing employment of each minor under 16 years of age by the employer before the minor is permitted to work; and shall keep the permit on file and allow inspection of the permit at any time by the department or any police or school attendance officer.
(3)
This section does not apply to employment of a minor in a fund-raising sale for a nonprofit organization, a public school, a private school, or a tribal school.
History:  1971 c. 271; 1973 c. 183; 1979 c. 298; 1985 a. 1; 1993 a. 492; 2009 a. 302; 2017 a. 11.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.28 - Enforcement.

103.28
Enforcement.
(1)
Sections 103.21 to 103.31 shall be enforced by the department. Police and school attendance officers of cities, towns, villages and school districts shall assist the department in enforcement by questioning minors seen on the streets engaged in street trades and reporting to the department all cases of minors apparently engaged in street trades in violation of ss. 103.21 to 103.31.
(2)
The failure of an employer to produce for inspection by the department or any school attendance or police officer a permit required for a minor under 16 years of age employed in street trades is prima facie evidence of unlawful employment of the minor.
(3)
The department may refer violations of ss. 103.21 to 103.275 for prosecution by the department of justice or the district attorney for the county in which the violation occurred.
History:  1971 c. 271; 1973 c. 183; 1979 c. 298; 1989 a. 113; 2017 a. 11.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.29 - Penalties.

103.29
Penalties.
(1)
Any employer who employs or permits the employment of any minor in street trades in violation of ss. 103.21 to 103.31 or of any order issued thereunder or who hinders or delays the department or any school attendance or police officer in the performance of their duties under ss. 103.21 to 103.31 may be required to forfeit not less than $25 nor more than $1,000 for each day of the first offense and, for the 2nd or subsequent violation of ss. 103.21 to 103.31 within 5 years, as measured from the dates the violations initially occurred, may be fined not less than $250 nor more than $5,000 for each day of the 2nd or subsequent offense or imprisoned not more than 30 days or both.
(2)
In addition to the penalties under sub. (1), any employer who employs any minor in violation of s. 103.24 or 103.275 (1) or (4) (b) or rules of the department shall be liable, in addition to the wages paid, to pay to each minor affected, an amount equal to twice the regular rate of pay as liquidated damages for all hours worked in violation per day or per week, whichever is greater.
History:  1971 c. 271; 1981 c. 390; 1987 a. 332 ss. 8 to 10, 64; 1989 a. 113.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.30 - Penalty on newspapers for allowing minors to loiter around premises.

103.30
Penalty on newspapers for allowing minors to loiter around premises.
A newspaper publisher or printer or person having for sale newspapers or magazines shall not permit any minor under 18 years of age to loiter or remain around any premises where the newspapers or magazines are printed, assembled, prepared for sale or sold when the minor is required under s. 118.15 to attend school. Any person violating this section is subject to the penalties specified in s. 103.29.
History:  1971 c. 271; 1973 c. 183; 1987 a. 332.