Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 279 - Business Closing And Mass Layoff › Section DWD 279.01 - Definitions and scope

Current through June 24, 2024
(1) When used in this chapter or in s.
				109.07,
				Stats.:
(a) "Affected employee" has the
				meaning specified in s.
				109.07(1)
				(a), Stats. An employee that suffers loss of
				employment is an affected employee if that loss is the result of an employment
				termination (other than a discharge for cause, voluntary departure or
				retirement), a layoff exceeding 6 months or a reduction in hours of work of
				more than 50% during each month of any 6-month period. An affected employee
				does not include an employee discharged for cause or employees who terminate
				their employment as a result of retirement or voluntary departure. Business
				partners as well as consultant or contract employees who are paid by another
				employer or are self employed are not affected employees of the business to
				which they are assigned.
(b)
				"Business closing" has the meaning specified in s.
				109.07(1)
				(b), Stats.
(c) "Department" means the department of
				workforce development.
(d)
				"Employer" has the meaning specified in s.
				109.07(1)
				(d), Stats., but does not include the federal
				or state government or any of their political subdivisions. Charitable or
				tax-exempt institutions and organizations are also not included. Independent
				contractors and wholly or partially owned subsidiaries that are independent
				from the parent corporation are considered separate employers for the purposes
				of this section.
(e) "Employment
				site" as used in s.
				109.07,
				Stats. means a single location or group of locations within the same
				municipality or reasonable geographic proximity that share the same or related
				staff or operational purpose. Employment sites that have separate workforces,
				separate management, or produce different products are separate employment
				sites.
(f) "Facilities" as used in
				s.
				109.07(1)
				(b), Stats., means a building or
				buildings.
(g) "Mass layoff" has
				the meaning specified in s.
				109.07(1)
				(f), Stats.
(h) "Municipality" means a city, town or
				village.
(i) "New or low hour
				employee" has the meaning specified in s.
				109.07(1)
				(h), Stats.
(j) "Operating units" as used in s.
				109.07(1)
				(b), Stats., means an organizationally or
				operationally distinct operation or specific work function within or across
				facilities at an employment site. Only distinct structural or operational
				entities within an employment site are intended to be included as"operating
				units."
(k) "Persons" as used in s.
				109.07(1)
				(d), Stats., does not include new or low-hour
				employees.
(L) "Substantially all"
				as used in s.
				109.07(6)
				(a) and (b), Stats., means that number of an
				employers affected employees who if hired or offered transfer, will make the
				total number of affected employees experiencing a loss of employment, as
				determined by the department on a case by case basis less than the thresholds
				for a "business closing" or "mass layoff" as defined in s.
				109.07(1)
				(b) or (f), Stats.