reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.78 - Minors in public exhibitions, radio and television broadcasts, modeling.

103.78
Minors in public exhibitions, radio and television broadcasts, modeling.
(1)
Nothing contained in ss. 103.64 to 103.82 shall be construed as forbidding any minor under 18 years of age to appear for the purpose of singing, playing or performing in any studio, circus, theatrical or musical exhibition, concert or festival, in radio and television broadcasts, or as a live or photographic model. Labor permits shall not be required for such employment or appearances but no minor under 18 years of age shall be so employed except under the following conditions:
(a)
The activities enumerated shall not be detrimental to the life, health, safety or welfare of the minor.
(b)
The activities enumerated shall not interfere with the schooling of the minor and provision for education equivalent to full-time school attendance in the public schools for minors under 16 years of age and part-time attendance for minors 16 to 18 years of age shall be made for those minors who are not high school graduates.
(c)
A parent or guardian shall accompany each minor under 16 years of age at all rehearsals, appearances and performances.
(d)
The employment or appearance shall not be in a roadhouse, cabaret, dance hall, night club, tavern or other similar place. This prohibition does not apply to:
1.
Minors presenting musical entertainment at dances held in any hall on Friday, Saturday or on any other day not followed by a school day or before midnight on Sunday, if the hall was rented for the purpose of celebrating a special event, including but not limited to a wedding, holiday, birthday or anniversary.
2.
Dances held solely for minors conducted by private clubs or civic organizations where admission is limited to the membership of the club or by their invitation and the general public is excluded.
3.
Performances by minors in theatrical performances at dinner theaters.
(2)
The penalties in s. 103.82 (1) apply to any employer who violates this section.
(3)
The penalties in s. 103.82 (3) apply to any parent or guardian who suffers or permits a minor to engage in activities in violation of this section.
History:  1971 c. 271; 1979 c. 221; 1987 a. 332 s. 64; 1993 a. 492; 2005 a. 172; 2009 a. 206.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.79 - Minor golf caddies.

103.79
Minor golf caddies.
The department may investigate and fix by general or special order reasonable regulations related to the provision of caddy services by minors. The regulations may include a waiver or modification of permit requirements for caddies. The investigations and orders shall be made as provided under s. 103.005. The orders are subject to review as provided in ch. 227.
History:  1971 c. 228 s. 43; 1971 c. 271, 307; 1975 c. 94; 1995 a. 27; 2019 a. 142.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.80 - Inspection.

103.80
Inspection.
(1)
The department and school attendance officers shall visit and inspect at all reasonable times, and as often as possible, all places covered by ss. 103.64 to 103.82.
(2)
The failure of any employer to produce for inspection by the department, or school attendance officers, a permit required for a minor under 16 years of age under s. 103.70 shall be prima facie evidence of unlawful employment of the minor. The presence of any minor in any factory, workshop or other place of employment shall be prima facie evidence of the employment of the minor.
History:  1979 c. 298; 2017 a. 11.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.805 - Fees; permits and certificates of age.

103.805
Fees; permits and certificates of age.
(1)
The department or a permit officer shall collect a fee in the amount of $10 for issuing permits under ss. 103.25 and 103.71 and certificates of age under s. 103.75. A person designated to issue permits and certificates of age who is not on the payroll of the division administering this chapter may retain $2.50 of that fee as compensation for the person's services and shall forward $7.50 of that fee to the department, which shall deposit that amount forwarded in the general fund and credit $5 of that amount forwarded to the appropriation account under s. 20.445 (1) (gk). A person designated to issue permits and certificates of age who is on the payroll of the division administering this chapter shall forward that fee to the department, which shall deposit that fee in the general fund and credit $5 of that fee to the appropriation account under s. 20.445 (1) (gk). The permit officer shall account for all fees collected as the department prescribes.
(2)
The fee for issuance of permits and certificates of age shall be paid by the employer. If the individual for whom the permit or certificate is issued advances the fee to the permit officer, the individual shall be reimbursed by the employer not later than at the end of his or her first pay period.
History:  1971 c. 271; 1993 a. 492; 2009 a. 28; 2017 a. 11.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.81 - Advertising; penalty.

103.81
Advertising; penalty.
(1)
Except as provided in sub. (2m), during the term that the public schools are in session, a person shall not advertise or cause or permit any advertisement to be published in any newspaper for the labor or services of any minor during school hours in any employment.
(2)
Except as provided in sub. (2m), a person shall not solicit in the schools or homes of this state, minors to leave school and enter their employment.
(2m)
Subsections (1) and (2) do not apply with respect to any of the following:
(a)
Employment as an election inspector as provided in s. 7.30 (2) (am).
(b)
Employment during school hours when permitted under s. 103.67.
(c)
Employment described under s. 103.70 (2).
(d)
Employment described under s. 103.78.
(3)
Any person who violates this section shall forfeit and pay into the state treasury not less than $10 nor more than $100 for each such offense. Every day during which any person violates this section shall constitute a separate and distinct offense.
History:  1971 c. 271; 2017 a. 11.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.82 - Penalties.

103.82
Penalties.
(1)
(a)
Any employer who employs or permits any minor to work in any employment in violation of ss. 103.64 to 103.82, or of any order of the department issued under those sections, or who hinders or delays the department or school attendance officers in the performance of their duties, or who refuses to admit or locks out the officer from any place required to be inspected under ss. 103.64 to 103.82 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. 103.64 to 103.82 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.
(b)
In addition to the penalties provided in par. (a), any employer who employs any minor in violation of s. 103.68, 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.
(3)
Any parent or guardian who permits a minor under his or her control to be employed or to work in violation of ss. 103.64 to 103.82, or of any order of the department issued under those sections, may be required to forfeit not less than $10 nor more than $250 for each day of the first offense and, for the 2nd or subsequent violation of ss. 103.64 to 103.82 within 5 years, as measured from the dates the violations initially occurred, may be required to forfeit not less than $25 nor more than $1,000 for each day of the 2nd or subsequent offense.
History:  1971 c. 271; 1979 c. 298; 1987 a. 332.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.83 - Discriminatory acts; employment of minors.

103.83
Discriminatory acts; employment of minors.
Section 111.322 (2m) applies to discharge and other discriminatory acts against an employee arising in connection with any proceeding to enforce ss. 103.64 to 103.82.
History:  1989 a. 228.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.85 - One day of rest in seven.

103.85
One day of rest in seven.
(1)
Every employer of labor, whether a person, partnership or corporation, who owns or operates any factory or mercantile establishment in this state, shall allow every person, except those specified in sub. (2), employed in such factory or mercantile establishment, at least 24 consecutive hours of rest in every 7 consecutive days and shall not permit any such person to work for such employer during such 24 consecutive hour period, except in case of breakdown of machinery or equipment, or other emergency, requiring the immediate services of experienced and competent labor to prevent serious injury to person, damage to property, or suspension of necessary operations, when such experienced and competent labor is not otherwise immediately available. This shall not authorize any work on Sunday not now authorized by law.
(2)
This section does not apply to:
(a)
Janitors.
(b)
Security personnel.
(c)
Persons employed in the manufacture of butter, cheese or other dairy products or in the distribution of milk or cream, or in canneries and freezers.
(d)
Persons employed in bakeries, flour and feed mills, hotels, and restaurants.
(e)
Employees whose duties include no work on Sunday other than:
1.
Caring for live animals.
2.
Maintaining fires.
(f)
Any labor called for by an emergency that could not reasonably have been anticipated.
(g)
An employee who states in writing that he or she voluntarily chooses to work without at least 24 consecutive hours of rest in 7 consecutive days.
(3)
Every employer shall keep a time book showing the names and addresses of all employees and the hours worked by each of them in each day, and such time book shall be open to inspection by the department.
(4)
If upon investigation, the department shall ascertain and determine that there be practical difficulties or unnecessary hardships in carrying out the provisions of this section, or upon a joint request of labor and management, the department may by general or special order make reasonable exceptions therefrom or modifications thereof provided that the life, health, safety and welfare of employees shall not be sacrificed or endangered thereby. Such investigation and orders shall be made as provided under s. 103.005. Such orders shall be subject to review under ch. 227.
(5)
Every employer who violates this section shall be punished as provided in s. 103.005 (11) and (12).
History:  1971 c. 185 s. 7; 1971 c. 228 s. 43; 1985 a. 135; 1995 a. 27; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.86 - Employee welfare funds: default in payments.

103.86
Employee welfare funds: default in payments.
(1)
Any employer who promises in writing to make payments to an employee welfare fund, either by contract with an individual employee, by a collective bargaining agreement or by agreement with such employee welfare fund, and who fails to make such payments within 6 weeks after they become due and payable, and after having been notified in writing of the failure to make the required payments, shall be fined not more than $200.
(2)
This section shall not apply where the failure to make payments is prevented by act of God, proceedings in bankruptcy, orders or process of any court of competent jurisdiction, or circumstances over which the employer has no control.
History:  1993 a. 492.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.87 - Employee not to be disciplined for testifying.

103.87
Employee not to be disciplined for testifying.
No employer may discharge an employee because the employee is subpoenaed to testify in an action or proceeding pertaining to a crime or pursuant to ch. 48 or 938. On or before the first business day after the receipt of a subpoena to testify, the employee shall give the employer notice if he or she will have to be absent from employment because he or she has been subpoenaed to testify in an action or proceeding pertaining to a crime or pursuant to ch. 48 or 938. If a person is subpoenaed to testify in an action or proceeding as a result of a crime, as defined in s. 950.02 (1m), against the person's employer or an incident involving the person during the course of his or her employment, the employer shall not decrease or withhold the employee's pay for any time lost resulting from compliance with the subpoena. An employer who violates this section may be fined not more than $200 and may be required to make full restitution to the aggrieved employee, including reinstatement and back pay. Except as provided in this section, restitution shall be in accordance with s. 973.20.
History:  1979 c. 219; 1983 a. 197 s. 10; 1987 a. 398; 1995 a. 77.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.905 - Department's duties.

103.905
Department's duties.
The department shall:
(1)
Promulgate rules for the enforcement and implementation of ss. 103.90 to 103.97.
(2)
Cooperate and enter into agreements with departments or agencies of this state or of the United States to coordinate, administer or enforce all other laws and programs designed to assist, serve or protect migrant workers.
(3)
Gather, compile and submit to the council on migrant labor data and information relative to ss. 103.90 to 103.97.
(4)
Investigate, or cause to be investigated, any complaint filed with the department concerning any violation of ss. 103.90 to 103.97, and during reasonable daylight hours, and upon notice to the employer or person in charge, enter and inspect any premises, inspect such records and make transcriptions thereof, question such persons, and investigate such facts, conditions, practices or matters as may be necessary or appropriate to determine whether a violation of such sections has been committed.
(5)
Enforce, or cause to be enforced, ss. 103.90 to 103.97 and any rules promulgated under ss. 103.90 to 103.97, and cooperate with other officers, departments, boards, agencies or commissions of this state, or of the United States, or of any other state, or of any local government in the enforcement of such sections.
History:  1977 c. 17.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.925 - Access and entry.

103.925
Access and entry.
Any worker shall have the right to decide who may visit with him or her in his or her residence. No person other than the resident may prohibit, bar or interfere with, or attempt to prohibit, bar or interfere with, the access to or egress from the residence of any worker by any person, either by the erection or maintenance of any physical barrier, or by physical force or violence, or by threat of force or violence, or by posting, or by any order or notice given in any manner. This section shall not prohibit the erection or maintenance of a fence around a migrant labor camp if one or more unlocked gates or gateways in the fence are provided, nor shall this section prohibit the posting of land adjacent to a migrant labor camp if access to the camp is clearly marked, nor shall this section prevent a majority of the residents of a migrant labor camp from imposing reasonable limitations on access to common use facilities.
History:  1977 c. 17.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.93 - Wages.

103.93
Wages.
(1)
Wage payment.
(a)
Every employer shall pay all wages earned by any migrant worker directly to such worker on regular pay days designated in advance by the employer, but in no case less often than semimonthly. Wages shall be paid in U.S. currency or by check or draft.
(b)
Every employer shall pay in full all wages due any migrant worker within 3 days after the termination of the period of employment for which the worker was employed except as provided under s. 103.915 (5). If the employer is unable to determine, due to circumstances beyond the employer's control, the amount of wages, figured upon a basis or system other than time rate, due to a worker under this paragraph, the employer shall pay the worker the amount of guaranteed wages due under s. 103.915 (4) (b) within the time required under this paragraph and shall pay any additional wages due within a reasonable time after such wages are determined.
(2)
Wage statement. Every employer shall furnish to each migrant worker at the time of payment of wages a written statement showing the amount of gross and net wages paid by the employer to the worker, and each amount deducted or withheld for whatever purpose.
(3)
Deductions. No employer or migrant labor contractor may deduct or withhold from the wages of any migrant worker any amount on account of debts accrued or anticipated unless the worker has previously authorized such deduction or withholding in writing. Nothing in this subsection shall prohibit any employer of a migrant worker from deducting or withholding from any wages paid, such amounts as may be required by law or on account of any court order.
(4)
Overtime. Any migrant worker not employed exclusively in agricultural labor as defined in s. 108.02 (2) shall be paid not less than one and one-half times the worker's regular rate for any hours worked on Sunday unless the worker is allowed another day of rest in that calendar week.
History:  1977 c. 17; 1983 a. 189 s. 329 (28).
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.935 - Hours of labor.

103.935
Hours of labor.
(1)
In the case of a migrant worker employed exclusively in agricultural labor as defined in s. 108.02 (2), the hours of labor shall be as follows:
(a)
Except in an emergency, no migrant worker may be required to work or be penalized for failure to work on any premises for more than 6 days in any one week or more than 60 hours in any one week, or more than 12 hours in any one day.
(b)
Whenever an employer permits a migrant worker to work on the premises of another employer in any one week or in any one day, the aggregate number of hours during which the migrant worker is required to work on such premises shall not exceed 60 in any one week or 12 in any one day.
(c)
Nothing in this section shall prohibit a migrant worker from voluntarily exceeding the limits prescribed by pars. (a) and (b).
(2)
No migrant worker may be required to work for more than 6 hours continuously without a meal period of at least 30 minutes duration unless a shift can be completed within one additional hour. The meal period need not be considered as part of the hours of labor.
(3)
Each migrant worker not employed exclusively in agricultural labor as defined in s. 108.02 (2) shall be provided a rest period of at least 10 minutes duration within each 5 hours of continuous employment, which rest period shall be considered a part of the hours of labor.
History:  1977 c. 17; 1983 a. 189 s. 329 (28).
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.94 - Civil action by migrant workers.

103.94
Civil action by migrant workers.
Any migrant worker aggrieved by a violation of ss. 103.90 to 103.97 by an employer or by a migrant labor contractor may maintain a civil action on the basis of such violation without regard to exhaustion of any administrative remedy.
History:  1977 c. 17.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.96 - Retaliation prohibited.

103.96
Retaliation prohibited.
(1)
No employer or migrant labor contractor may terminate, suspend, demote, transfer or take any action otherwise unfavorable to any migrant worker in retaliation for the exercise by such worker of any right secured under the laws and regulations of the United States or of this state or any subdivision thereof.
(2)
Any person aggrieved under this section may maintain an action against the employer or migrant labor contractor. In addition to any other damages awarded, an employer or migrant labor contractor found to have violated this section shall be liable to such person aggrieved for full reinstatement and for back wages accumulated during the period of such unlawful retaliation. In cases of willful violation of this section, the court may assess exemplary damages up to double the amount of back wages found due in addition to any other damages awarded. In cases of aggravated circumstances, the court may also assess reasonable attorney fees in addition to any other damages awarded.
History:  1977 c. 17; 1993 a. 490.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.965 - Correction period.

103.965
Correction period.
(1)
Except as provided in sub. (2), if the department determines that any person has violated ss. 103.90 to 103.97 the person shall have a reasonable time, not to exceed 15 days from the day he or she receives notice of the violation, to correct the violation. If the violation is corrected within that period, no penalty may be imposed under s. 103.97.
(2)
If an employer violates s. 103.915 (1) 2 or more times in a 10-year period, or violates s. 103.92 by failure to obtain initial certification before opening a camp 2 or more times in a 10-year period, no correction period exists if the 2nd or subsequent violation is intentional or in reckless disregard of the law. This subsection applies only if the first violation in the 10-year period is a conviction or administrative determination of violation which remains of record and is unreversed. The 10-year period shall be measured from the date of the violation which resulted in the conviction or administrative determination of violation.
History:  1977 c. 17; 1985 a. 191.
NOTE:  1985 Wis. Act 191, which created sub. (2), provides in section 6 that no person may be denied a correction period under sub. (2) for a second or subsequent violation unless the first violation occurred on or after April 22, 1986.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.967 - Duties of council on migrant labor.

103.967
Duties of council on migrant labor.
The council on migrant labor shall:
(1)
Advise the department and other state officials on any matter affecting migrant workers.
(2)
Ascertain the conditions under which migrant workers are recruited, employed, housed and protected.
(3)
Review in July of every odd-numbered year the minimum hours guaranteed under s. 103.915 (4) (b) and recommend to the legislature any changes the council finds necessary.
(4)
Study the coordination of federal and state statutes and rules designed to assist, serve or protect migrant workers and recommend to the department, legislature and other appropriate state agencies any changes in statutes or rules necessary to achieve uniformity insofar as possible between such state and federal statutes and rules.
(5)
Review rules submitted by the department under s. 103.968.
History:  1977 c. 17.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.968 - Council review of rules.

103.968
Council review of rules.
The department shall submit every rule which it proposes to promulgate under ss. 103.90 to 103.97 to the council on migrant labor at the same time that the department files notice of its intent to promulgate the rule with the presiding officer of each house of the legislature under s. 227.19 (2). If the council disapproves the rule within 45 days after the rule is submitted, the department may not promulgate the rule, and, if promulgated, the rule is void.
History:  1977 c. 17; 1979 c. 34, 154; 1985 a. 182.
2023 Wisconsin Statutes & Annotations › Chapter 103 - Employment regulations. › 103.97 - Penalties.

103.97
Penalties.
(1)
(a)
Except as provided in par. (b), if any person violates ss. 103.90 to 103.97, or fails or refuses to obey any lawful order of the department or any judgment of any court in connection with ss. 103.90 to 103.97, for each such violation, failure or refusal, such person shall forfeit not less than $10 nor more than $100. Each day of continued violation shall constitute a separate offense.
(b)
Any person who maintains an uncertified camp in violation of an order issued by the department under s. 103.92 for failure in any year to obtain initial certification before opening a camp shall forfeit not less than $10 nor more than $100 for the first violation, and shall forfeit not less than $500 nor more than $1,000 for any such subsequent violation occurring within 10 years. In this paragraph, a “subsequent violation" is a violation occurring after a conviction or an administrative determination of violation, either of which remains of record and is unreversed.
(2)
An employer is not liable for a violation of ss. 103.90 to 103.97 if the violation is due to the employer's good faith reliance on the representations of a worker.
History:  1977 c. 17; 1985 a. 191.
NOTE:  1985 Wis. Act 191, which created sub. (1) (b), provides in section 6 that no person may be assessed a forfeiture under sub. (1) (b) for a subsequent violation unless the first violation occurred on or after April 22, 1986.
2023 Wisconsin Statutes & Annotations › Chapter 104 - Minimum wage law. › 104.001 - Statewide concern; uniformity.

104.001
Statewide concern; uniformity.
(1)
The legislature finds that the provision of a minimum wage that is uniform throughout the state is a matter of statewide concern and that the enactment of a minimum wage ordinance by a city, village, town, or county would be logically inconsistent with, would defeat the purpose of, and would go against the spirit of this chapter. Therefore, this chapter shall be construed as an enactment of statewide concern for the purpose of providing a minimum wage that is uniform throughout the state.
(2)
A city, village, town, or county may not enact and administer an ordinance establishing a minimum wage. Any city, village, town, or county minimum wage ordinance that is in effect on June 16, 2005, is void.
History:  2005 a. 12; 2009 a. 28; 2011 a. 32; 2015 a. 55; 2017 a. 327.
Madison's Minimum-Wage Ordinance, Section 104.001, and the Future of Home Rule in Wisconsin. Burchill. 2007 WLR 151.
2023 Wisconsin Statutes & Annotations › Chapter 104 - Minimum wage law. › 104.015 - Franchisors excluded.

104.015
Franchisors excluded.
For purposes of this chapter, a franchisor, as defined in 16 CFR 436.1 (k), is not considered to be an employer of a franchisee, as defined in 16 CFR 436.1 (i), or of an employee of a franchisee, unless any of the following applies:
(1)
The franchisor has agreed in writing to assume that role.
(2)
The franchisor has been found by the department to have exercised a type or degree of control over the franchisee or the franchisee's employees that is not customarily exercised by a franchisor for the purpose of protecting the franchisor's trademarks and brand.
History:  2015 a. 203.
2023 Wisconsin Statutes & Annotations › Chapter 104 - Minimum wage law. › 104.02 - Minimum wage: requirement to pay.

104.02
Minimum wage: requirement to pay.
Every wage paid or agreed to be paid by any employer to any employee, except as otherwise provided in s. 104.07, shall be not less than the applicable minimum wage established under s. 104.035. Any employer paying, offering to pay, or agreeing to pay any employee a wage lower or less in value than the applicable minimum wage established under s. 104.035 is guilty of a violation of this chapter as provided in s. 103.005 (11) and is subject to the penalties provided in s. 103.005 (12).
History:  1975 c. 94; 2005 a. 12; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 104 - Minimum wage law. › 104.045 - Tips, meals, lodging, and hours worked.

104.045
Tips, meals, lodging, and hours worked.
The department shall promulgate rules governing all of the following:
(1)
The counting of tips or similar gratuities toward fulfillment of the employer's obligation under s. 104.035 (3). The rules promulgated under this subsection shall allow an employer to require a tipped employee to use an electronic signature or other electronic means that uniquely identifies the employee to acknowledge the counting of tips or similar gratuities for purposes of s. 104.035 (3). In this subsection, “electronic signature” has the meaning given in s. 137.11 (8).
(2)
The deduction of meals or lodging provided by an employer to an employee from the employer's obligation under this chapter.
(3)
The determination of hours worked by an employee during which the employee is entitled to the minimum wage established under s. 104.035.
History:  1977 c. 179; 2015 a. 55; 2021 a. 26.
Under regulations promulgated under sub. (1), an employer taking a tip credit must have a tip declaration signed by the tipped employee each pay period to show that, when adding the tips received to the wages paid by the employer, no less than the minimum rate was received by the employee. When the employer's time and payroll records do not contain these requirements, no tip credit is allowed, and a plaintiff may pursue back wages under s. 109.03 (5) for alleged violations of such regulations. Hussein v. Jun-Yan, LLC, 502 F. Supp. 3d 1366 (2020).
2023 Wisconsin Statutes & Annotations › Chapter 104 - Minimum wage law. › 104.08 - Apprentices.

104.08
Apprentices.
(1m)
In this section:
(a)
“Trade" means an occupation involving physical labor and characterized by mechanical skill and training such as render a period of instruction reasonably necessary.
(b)
“Trade industry" means an industry involving physical labor and characterized by mechanical skill and training such as render a period of instruction reasonably necessary.
(2m)
Any person working in a trade industry for which a minimum wage has been established for minors, and who has no trade, shall be employed under an apprentice contract under s. 106.01.
(3)
(a)
The department shall investigate, determine, and declare what occupations and industries are included within a “trade" or a “trade industry."
(b)
The department may make exceptions to the operation of sub. (2m) when conditions make its application unreasonable.
History:  2005 a. 12; 2009 a. 291; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 104 - Minimum wage law. › 104.09 - Records.

104.09
Records.
Each employer shall keep a record of the names and addresses of all student learners and employees, the hours of employment and wages of each, and such other records pertaining to ability as the department requires, except that an employer is not required to keep a record of the hours of employment of an employee who is exempt under rules promulgated by the department from the requirement under s. 103.02 that an employee be paid overtime compensation, as defined in s. 103.025 (1) (c), and who is not compensated on an hourly rate basis.
History:  1977 c. 29 s. 1651; 1977 c. 273; 2013 a. 286.
2023 Wisconsin Statutes & Annotations › Chapter 104 - Minimum wage law. › 104.10 - Penalty for intimidating witness.

104.10
Penalty for intimidating witness.
Any employer who discharges or threatens to discharge, or who in any way discriminates or threatens to discriminate against, any employee because the employee has testified or is about to testify, or because the employer believes that the employee may testify, in any investigation or proceeding relative to the enforcement of this chapter, may be fined $25 for each offense.
History:  2005 a. 12; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 104 - Minimum wage law. › 104.12 - Complaints.

104.12
Complaints.
Any person may register with the department a complaint that the wages paid to an employee for whom a minimum wage has been established under s. 104.035 are less than that minimum wage, and the department shall investigate the matter and take all proceedings necessary to enforce the payment of that minimum wage. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.
History:  1989 a. 228; 2005 a. 12; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 105 - Employment agents. › 105.02 - False statements and representation.

105.02
False statements and representation.
A person or the person's employee or agent shall not make any false statement to any person furnishing or seeking employment in regard to any employment, work or situation, its nature, location, duration, wages, salary or placement fee attached thereto, or the circumstances surrounding the employment, work or situation. An employment agent shall not offer or hold himself or herself out as in a position to secure or furnish employment without having an order therefor from an employer; however, an applicant may be referred to an employer provided a bona fide appointment for the interview has been arranged by the employment agent. An employment agent shall not misrepresent any material matter in connection with any employment, work or situation that the employment agent may offer or hold himself or herself out in a position to secure.
History:  1973 c. 226; 1993 a. 492.
2023 Wisconsin Statutes & Annotations › Chapter 105 - Employment agents. › 105.03 - Inquiry into truth of statements.

105.03
Inquiry into truth of statements.
Every employment agent shall assure himself or herself that any representations whatsoever, whether spoken, written or advertised in printed form, which the employment agent makes with regard to any employment, work or situation, and which leads or may lead persons to seek such employment, work or situation, are true to the best of the employment agent's knowledge and cover all the material facts affecting the employment in question.
History:  1973 c. 226; 1993 a. 492.
2023 Wisconsin Statutes & Annotations › Chapter 105 - Employment agents. › 105.04 - Fee-splitting.

105.04
Fee-splitting.
No employment agent or any employee or agent thereof, shall divide or offer to divide, or share directly or indirectly, any fee, charge or compensation received from any applicant for employment, with any employer, superintendent, manager, foreman, or any other person who hires help or to whom help is furnished by an employment agent; and it shall be unlawful for any employer, superintendent, manager, foreman, or any other person who hires help to receive any compensation or any valuable consideration from any applicant for employment or from any employment agent for giving employment to said applicant or to any employees furnished by said employment agent.
Employee agreements to repay training costs paid by or received from an employer are subject to reasonableness requirements similar to restrictive covenants and will be scrutinized in terms of amount, duration, schedule of repayment, credit for time worked, and other terms to ensure that the conditions are reasonably necessary to protect the employer's interest and are commensurate with the benefit secured by the employee. Heder v. City of Two Rivers, 149 F. Supp. 2d 677 (2001).
2023 Wisconsin Statutes & Annotations › Chapter 105 - Employment agents. › 105.05 - Agent's license.

105.05
Agent's license.
(1)
No person may engage in the business of an employment agent for profit, or receive any fee, charge, commission or other compensation, directly or indirectly, for services as an employment agent, including modeling agencies which secure work for persons to act as live models or to model for photography, without first having obtained a license from the department and executing a bond under s. 105.06 (1). No person whose fees or charges are paid directly by employers may engage in the business specified in s. 105.01 (1) (intro.) without registering under s. 105.06 (2). The license constitutes permission from this state to operate as an employment agent for compensation. It is not transferable to or for the benefit of any person other than the licensee. A person licensed under this section shall not transact business as an employment agent at more than one office location or place of business without having first obtained from the department a separate license for each additional office in accordance with this chapter.
(2)
If the department receives a complaint and determines that there is probable cause to believe that fraud, misrepresentation or deceit in violation of s. 105.02 were committed by a combination or conspiracy of a temporary help service and an employment agent, the department shall have the right of entry and audit under ss. 105.08 and 105.09 to such temporary help service with respect to such matter.
History:  1973 c. 226; 1989 a. 220.
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).
Employment agency counselors employed by a licensed employment agent must be licensed. 59 Atty. Gen. 142.
2023 Wisconsin Statutes & Annotations › Chapter 105 - Employment agents. › 105.07 - Agent's fees.

105.07
Agent's fees.
(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.
(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.
(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.
History:  1973 c. 226; 1993 a. 492; 2009 a. 177; 2011 a. 209.
2023 Wisconsin Statutes & Annotations › Chapter 105 - Employment agents. › 105.08 - Authority of department.

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.
History:  1973 c. 226.
2023 Wisconsin Statutes & Annotations › Chapter 105 - Employment agents. › 105.09 - Visitorial power.

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.
History:  1973 c. 226; 1977 c. 29.
2023 Wisconsin Statutes & Annotations › Chapter 105 - Employment agents. › 105.10 - Department inquiries.

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.
History:  1973 c. 226; 2001 a. 107.
2023 Wisconsin Statutes & Annotations › Chapter 105 - Employment agents. › 105.11 - Schedule of fees or charges.

105.11
Schedule of fees or charges.
(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.
(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.
(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.
(5)
No employer shall charge an employee or applicant for employment placed by an agency any amount as a direct or indirect placement fee that is greater than that permitted by departmental rule. If the total charges made by the employer and the employment agent to the employee exceed the allowable maximum set by the department, the department may, under s. 109.09 (1), recover the overcharge from the employer plus a penalty equal to the overcharge.
(6)
No private employment agency may charge the applicant for employment a fee for counseling or require the applicant to purchase a counseling service as a condition for accepting the applicant's application.
History:  1973 c. 226; 1977 c. 26 s. 75; 1989 a. 220; 1993 a. 492.
2023 Wisconsin Statutes & Annotations › Chapter 105 - Employment agents. › 105.14 - Regulations; records; reports.

105.14
Regulations; records; reports.
The department may fix reasonable rules for the conduct of the business of any employment agent or employment agency as are necessary to carry out this chapter. The department may fix reasonable classifications of employments or positions and fix a reasonable scale of fees to be charged by employment agents to applicants for employment for each classification within the restrictions contained in this chapter, and may fix reasonable classifications of the business of employment agents, and make its rules and orders conform to these classifications. It may prescribe the form of books, registers or records to be kept by the employment agent, the receipts or copies of contracts to be handed to persons referred to employment, the reports to be made to the department, the refunds to be made to applicants who failed to secure employment; and it may order any other measures reasonably necessary to protect the public and persons seeking employment against fraud, misrepresentation or any other unauthorized act of any employment agent.
History:  1973 c. 226; 1989 a. 220.
2023 Wisconsin Statutes & Annotations › Chapter 105 - Employment agents. › 105.15 - General powers of department applicable; penalties.

105.15
General powers of department applicable; penalties.
Such investigations, classifications, and orders shall be made as provided in s. 103.005 and the penalties specified in s. 103.005 (12) shall apply to and be imposed for any violation of ss. 105.01 to 105.115 or 105.13 to 105.15. The department may also order a person who operates an employment agency in violation of s. 105.05 (1) to make refunds as provided under s. 105.16 (2). Orders issued under this section are subject to review in the manner provided in ch. 227.
History:  1971 c. 228 s. 43; 1989 a. 220; 1991 a. 32; 1995 a. 27; 2005 a. 197.
2023 Wisconsin Statutes & Annotations › Chapter 105 - Employment agents. › 105.16 - Late fees and reports; failure to obtain license; refund.

105.16
Late fees and reports; failure to obtain license; refund.
(1)
Every employment agent shall submit all fees, license renewal applications and reports within the time limitations or due dates specified by the department. A penalty fee of $5 per day for each day such fee, application or report is overdue may be levied by the department.
(2)
If a person acts as an employment agent without the license required under s. 105.05 or after the person's license is suspended or revoked under s. 105.13, the department may order the person to refund all fees and charges that the person collected while unlicensed.
History:  1973 c. 226; 1989 a. 220.
2023 Wisconsin Statutes & Annotations › Chapter 106 - Apprentice, employment and equal rights programs. › 106.001 - Definitions.

106.001
Definitions.
In this subchapter:
(1)
“Apprentice" means any person who enters into an apprentice contract with the department and with a sponsor or an apprenticeship committee acting as the agent of a sponsor.
(2)
“Apprentice contract" means any contract or agreement of service, express or implied, between an apprentice, the department, and a sponsor or an apprenticeship committee acting as the agent of a sponsor whereby an apprentice is to receive from or through the apprentice's employer, in consideration for the apprentice's services in whole or in part, instruction in any trade, craft, or business.
(2m)
“Apprenticeship committee" means a joint apprenticeship committee or a nonjoint apprenticeship committee designated by a sponsor to administer an apprenticeship program.
(4)
“Apprenticeship program" means a program approved by the department providing for the employment and training of apprentices in a trade, craft, or business that includes a plan containing all of the terms and conditions for the qualification, recruitment, selection, employment, and training of apprentices as required under this subchapter, including the apprentice contract requirements under s. 106.01.
(5)
“Employer" means any person employing an apprentice, whether or not the person is a party to an apprentice contract with the apprentice.
(6)
“Joint apprenticeship committee" means an apprenticeship committee that consists of an equal number of representatives of employers and of representatives of employees who are represented by a collective bargaining agent.
(7)
“Nonjoint apprenticeship committee" means an apprenticeship committee that consists of representatives of employers, but not of representatives of employees who are represented by a collective bargaining agent.
(8)
“Sponsor" means any employer, organization of employees, association of employers, committee, or other person operating an apprenticeship program and in whose name the apprenticeship program is approved by the department.
History:  1999 a. 83; 2009 a. 291.
2023 Wisconsin Statutes & Annotations › Chapter 106 - Apprentice, employment and equal rights programs. › 106.015 - Apprentice–to–journeyworker ratios.

106.015
Apprentice–to–journeyworker ratios.
(1)
Except as provided in sub. (2), the department may not prescribe, enforce, or authorize, whether through the promulgation of a rule, the issuance of a general or special order, the approval of an apprenticeship program or apprentice contract, or otherwise, a ratio of apprentices to journeyworkers for apprenticeship programs or apprentice contracts that requires more than one journeyworker for each apprentice.
(2)
The prohibition under sub. (1) does not apply with respect to apprentices whose employment is governed by a collective bargaining agreement.
History:  2017 a. 148.