reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 270 - Child Labor › Section DWD 270.19 - Student worklike activities

Current through June 24, 2024
(1) SPECIFIC
				ALLOWABLE ACTIVITIES. A student may perform worklike activities in his or her
				own elementary or secondary school, with or without compensation, which shall
				not constitute employment if all of the following conditions are met:
(a) The student helps in the school lunchroom
				or cafeteria, cleans a classroom, acts as a hall monitor, or performs minor
				clerical work in the school office or library.
(b) The student may perform the activities
				listed in par. (a) for periods of one hour or less on days that school is in
				session. The student may perform the activities listed in par. (a) for longer
				periods on days that school is not in session but may not perform the
				activities for longer hours on more than a four consecutive days. The annual
				total time that the student performs the activities listed in par. (a) shall
				not exceed the equivalent of one hour per school day in any school year as
				defined in s.
				115.001(13),
				Stats.
(c) The student is
				supervised by an adult.
(d) The
				student does not displace a regular employee or reduce previously existing
				employment opportunities by performing work that would otherwise be performed
				by regular employees.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 271 - Street trades › Section DWD 271.02 - Fees

Current through June 24, 2024
The department fixes a fee of $5 for the issuing of each
				  Street Trades Permit and authorizes the retention of $2.50 of the fee by the
				  permit officer as compensation for services. The permit officer shall forward
				  $2.50 of the fee to the department to cover the cost of administration
				  materials and supervision.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 271 - Street trades › Section DWD 271.03 - Meal periods

Current through June 24, 2024
At least 30 minutes shall be allowed for each meal period
				  reasonably close to the usual meal period time. In no case shall a minor under
				  18 years of age be employed or permitted to work more than 6 consecutive hours
				  without a meal period.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 271 - Street trades › Section DWD 271.05 - Higher standards

Current through June 24, 2024
Nothing in ss.
				  DWD 271.01 to
				  shall authorize 271.05 non compliance with any federal or state law, regulation
				  or municipal ordinance establishing a higher standard. If more than one
				  standard within the Administrative Code applies to a single activity, the
				  higher standard shall be applicable.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 271 - Street trades › Section DWD 271.06 - Requirements to obtain a street trades permit

Current through June 24, 2024
(1) Street trades
				permits may be obtained from any authorized permit officer throughout the state
				when the following is presented to the permit officer:
(a) Proof of age as provided in s.
				DWD
				270.02.
(b) Letter from the employer stating the
				intent to employ the minor along with the job duties, hours of work and time of
				day the minor will be working.
(c)
				Letter from the minor's parent, guardian or court-ordered foster parent while
				the minor is under their care and supervision consenting to the employment. As
				an alternative, the parent, guardian or foster parent may countersign the
				employer's letter.
(d) The minor's
				social security card.
(e) Payment
				from the employer of the permit fee. If the minor advances the fee, the
				employer must reimburse the minor not later than the first pay check.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 271 - Street trades › Section DWD 271.07 - Street trades form and identification card

Current through June 24, 2024
The permit and identification card shall be issued upon
				  blanks furnished by the department and copies shall be distributed as
				  follows:
(1) Original to the
				employer.
(2) Copy 2 to the
				minor.
(3) Copy 3 to the
				department.
(4) Copy 4 retained by
				the permit officer.
(5) Copy 5 to
				the school district the minor attends.
(6) Identification card to the
				minor.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 271 - Street trades › Section DWD 271.08 - Revocation or suspension of permits

Current through June 24, 2024
(1) The department
				may revoke or suspend any permit whenever the permit has been improperly or
				illegally issued, or the physical, moral welfare or the best interest of the
				minor would be served by revocation or suspension.
(2) The department may revoke or suspend any
				permit if requested in writing by the school principal or the minors parent or
				guardian who has legal custody of the minor or the court-ordered foster parent
				while the minor is under their care and supervision. The requesting party shall
				demonstrate some attempt has taken place to resolve the work problem between
				the minor, school, parent or guardian and employer before the request for
				revocation or suspension is made to the department.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 272 - Minimum Wages › Section DWD 272.001 - Declaration of policy

Current through June 24, 2024
(1) The department, in fulfilling its
				statutory mandate, has caused extensive studies to be made relative to the
				consideration of a "living wage" and how the wage should be computed. The
				concept of "cost of living" and "living wage" is very complex because of the
				many variables. Any single concept is difficult to apply because of different
				assumptions, techniques and local conditions.
(2) The rates adopted in this chapter reflect
				compensation that has been determined to be adequate to permit any employee to
				maintain herself or himself in minimum comfort, decency, physical and moral
				well-being. The department has also considered the effect that an increase in
				the living-wage might have on the economy of the state, including the effect of
				a living-wage increase on job creation, retention and expansion, on the
				availability of entry-level jobs and on regional economic conditions within the
				state.
(6) Room allowances shall be
				computed on the basis of 20% of the prescribed minimum rate for employees based
				on a 40 hour week, rounded off to the nearest 5 cents.
(7) Meal allowance shall be computed on the
				basis of 30% of the prescribed minimum rate for employees based on a 40 hour
				week, rounded off to the nearest 5 cents.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 272 - Minimum Wages › Section DWD 272.01 - Definitions

Current through June 24, 2024
As used in this chapter:
(1) "Agriculture" will mean the same as "farm
				premises" as defined in s.
				102.04(3),
				Stats., of the worker's compensation act.
(2) "Bona fide school training program" means
				a program sponsored by an accredited school and authorized and approved by the
				state department of public instruction or the board of vocational, technical
				and adult education or other recognized educational body and provides for
				part-time employment training which may be scheduled for a part of the workday
				or workweek, supplemented by and integrated with a definitely organized plan of
				instruction and where proper scholastic credit is given by the
				school.
(3) A "bona fide vocational
				training program" is one authorized and approved by the state board of
				vocational, technical and adult education or other recognized educational body
				and provides for part-time employment training which may be scheduled for a
				part of the workday or workweek, for alternating weeks or for other limited
				periods during the year, supplemented by and integrated with a definitely
				organized plan of instruction designed to teach technical knowledge and related
				to industrial information given as a regular part of a student learner's course
				by an accredited school, college or university.
(4) "Department" means the department of
				workforce development.
(5)
(a) The term "employer" shall mean and
				include every person, firm or corporation, agent, manager, representative,
				contractor, subcontractor or principal, or other person having control or
				direction of any person employed at any labor or responsible directly or
				indirectly for the wages of another.
(b) The term "employer" shall also include
				any person, partnership, or corporation engaged in the processing of cucumbers
				into pickles, who is responsible directly or indirectly for the wages paid for
				the services of "workers" engaged in the harvesting of cucumbers providing:
1. That the processor or the processor's
				agent directly or indirectly pays each "worker" performing services in the
				harvesting of cucumbers or,
2. That
				the processor or the processor's agent has the right (whether exercised or not)
				to terminate the services of the "worker" or to transfer a worker's services
				from one grower to another.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 272 - Minimum Wages › Section DWD 272.02 - Applicability of orders

Current through June 24, 2024
The rates prescribed in this chapter shall apply to all
				  employees, including indentured apprentices, employed at private employments
				  including nonprofit organizations, whether paid on a time, piece rate,
				  commission, or other basis.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 272 - Minimum Wages › Section DWD 272.025 - Statement of intent

Current through June 24, 2024
Nothing contained in s.
				  DWD 272.03
				  prohibits an employer from paying more than the minimum rates listed in this
				  chapter or from treating an employee as a probationary employee for less than
				  the number of days specified in this chapter.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 272 - Minimum Wages › Section DWD 272.03 - Minimum rates

Current through June 24, 2024
(1) MINIMUM RATES. This subsection is
				effective on July 24, 2009. Except as provided in ss.
				DWD 272.05 to
				272.09, no employer may employ any
				employee in any occupation, trade, or industry at a lesser hourly rate than as
				follows:
(a) All employees except opportunity
				and minor employees $7.25 per hour.
(b) Minor employees $7.25 per hour.
(c) Opportunity employees $5.90 per hour.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 272 - Minimum Wages › Section DWD 272.04 - Deductions for meals and lodging

Current through June 24, 2024
(1) A meal means an
				adequate well-balanced serving of a variety of wholesome and nutritious foods.
(a) Deductions may be made only for bona fide
				meals consistent with employee's work shift. No deductions shall be made or
				credit given for meals not eaten except in employments where weekly room and
				board is provided and accepted.
(b)
				An employer shall not require that meals be accepted as part payment of
				wages.
(c) Employer must pay all
				employees for "on duty" meal periods. Such periods are to be counted as work
				time. An "on duty" meal period is one where the employer does not provide at
				least 30 minutes free from work. Any meal period where the employee is not free
				to leave the premises of the employer will also be considered an "on duty" meal
				period.
(d) Authorized rest periods
				or breaks of less than 30 consecutive minutes per shift shall be counted as
				work time for which there shall be no deduction from wages.
(e) Whenever a collective bargaining
				agreement exists, the department may consider the written application of labor
				and management for a waiver or modification to the requirements of par. (c) or
				(d), based upon practical difficulties or unnecessary hardship in compliance.
				If the department determines that compliance with par. (c) or (d) is unjust or
				unreasonable and that granting a waiver or modification will not be dangerous
				or prejudicial to the life, health, safety or welfare of the employees, the
				department may grant a waiver or modification.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 272 - Minimum Wages › Section DWD 272.05 - Agriculture

Current through June 24, 2024
(1) MINIMUM RATES. The minimum wage of
				employees employed in agriculture shall be as follows:
(a) Employees 18 years of age and over:$7.25
				per hour.
(b) Employees 17 years of
				age and under:$7.25 per hour.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 272 - Minimum Wages › Section DWD 272.06 - Domestic service employment, casual employment, and companions in private homes

Current through June 24, 2024
(1) DOMESTIC SERVICE EMPLOYMENT.
(a) "Domestic service employment" means all
				services related to the care of persons or maintenance of a private household
				or its premises, on a regular basis, by an employee of a private householder.
				Such occupations shall include, but not be limited to, the following: butlers,
				chauffeurs, cooks, day workers, gardeners, graduate nurses, grooms, handy
				persons, house cleaners, housekeepers, laundry persons, practical nurses,
				tutors, valets and other similar occupations.
(b) Domestic workers who reside in the
				employer's household are covered under the rates prescribed by s.
				DWD 272.03.
				Employers may take credit for board and lodging as prescribed by s.
				DWD
				272.03(3). Record keeping requirement
				provided in s.
				DWD
				272.11 shall apply.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 272 - Minimum Wages › Section DWD 272.07 - Recreational or educational camps

Current through June 24, 2024
(1) MINIMUM RATES.
				The minimum wage of all employees employed in recreational or educational camps
				and day camps, except counselors, shall be computed on an hourly basis as
				prescribed in s.
				DWD
				272.03(1).
(2) ALLOWANCE FOR BOARD AND LODGING. Where
				board or lodging or both are furnished by the employer in accordance with s.
				DWD
				272.04, and accepted and received by the employee, an
				allowance may be made not to exceed the amounts specified in s.
				DWD
				272.03(3).
(3) COUNSELORS. This subsection is effective
				on July 24, 2009. The minimum wage of counselors employed in seasonal
				recreational or educational camps and day camps may be computed on a weekly
				basis as follows:
(a) Adult counselors 18
				years of age and over:
PER WEEK
1. If board
				and lodging are not furnished$350.00
2. If board only is
				furnished$265.00
3. If board and
				lodging are furnished$210.00
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 272 - Minimum Wages › Section DWD 272.085 - Student worklike activities and employment

Current through June 24, 2024
(1) INDEPENDENT
				COLLEGES AND UNIVERSITIES.
(a) Independent
				colleges and universities may employ full-time students who are 18 years of age
				and over for 20 hours per week or less at the federal minimum wage rates
				established under
				29
				USC 206.
(b) Students who work at independent colleges
				or universities for over 20 hours per week shall be paid at the rates
				established under s.
				DWD
				272.03.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 272 - Minimum Wages › Section DWD 272.10 - Listing deductions from wages

Current through June 24, 2024
An employer shall state clearly on the employee's paycheck,
				  pay envelope, or paper accompanying the wage payment the number of hours
				  worked, the rate of pay and the amount of and reason for each deduction from
				  the wages due or earned by the employee, except such miscellaneous deductions
				  as may have been authorized by request of individual employees for reasons
				  personal to themselves. A reasonable coding system may be used by the
				  employers.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 272 - Minimum Wages › Section DWD 272.11 - Permanent records to be kept by the employer

Current through June 24, 2024
(1) Every employer
				shall make and keep for at least 3 years payroll or other records for each of
				their employees which contain:
(a) Name and
				address.
(b) Date of
				birth.
(c) Date of entering and
				leaving employment.
(d) Time of
				beginning and ending of work each day.
(e) Time of beginning and ending of meal
				periods:
1. When employee's meal periods are
				required or when such meal periods are to be deducted from work time.
2. This requirement shall not apply when work
				is of such a nature that production or business activity ceases on a regularly
				scheduled basis.
(f)
				Total number of hours worked per day and per week.
(g) Rate of pay and wages paid each payroll
				period.
(h) The amount of and
				reason for each deduction from the wages earned.
(i) Output of employee, if paid on other than
				time basis.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 272 - Minimum Wages › Section DWD 272.12 - Interpretation of hours worked

Current through June 24, 2024
(1) PRINCIPLES FOR
				DETERMINATION OF HOURS WORKED.
(a)
General requirements of sections.
1. Employees subject to the statutes must be
				paid for all time spent in "physical or mental exertion (whether burdensome or
				not) controlled or required by the employer and pursued necessarily and
				primarily for the benefit of the employer's business." The workweek ordinarily
				includes "all time during which an employee is necessarily required to be on
				the employer's premises, on duty or at a prescribed work place."
2. "Workday," in general, means the period
				between"the time on any particular workday at which such employee commences
				their principal activity or activities" and "the time on any particular workday
				at which they cease such principal activity or activities." The "workday" may
				thus be longer than the employee's scheduled shift, hours, tour of duty, or
				time on the production line. Also, its duration may vary from day to day
				depending upon when the employee commences or ceases their "principal"
				activities.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 272 - Minimum Wages › Section DWD 272.13 - Forms

Current through June 24, 2024
The following forms are listed in accordance with s.
				  227.23, Stats. These forms
				  are issued by and may be obtained from the Equal Rights Division, Department of
				  Workforce Development, P. O. Box 8928, Madison, Wisconsin, 53708.
(1) ERD-9247 Minimum Wage Rates.
(2) LS-37, Application for Subminimum Wage
				License. This particular form is used for both workers with disabilities and
				student learners. WH-226 is the application for a sheltered workshop to employ
				workers with disabilities at a subminimum wage. WH-227 is a supplement data
				sheet for sheltered workshop certificate. WH-247 is an application for a
				certificate for a training or evaluation program in a sheltered workshop.
				WH-249 is an application for a special individual rate in a sheltered
				workshop.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 273 - Traveling Sales Crews › Section DWD 273.02 - Applicability

Current through June 24, 2024
This chapter applies to any employer of traveling sales crew
				  workers, and to any individuals who are employed or who have applied to be
				  employed as traveling sales crew workers, to whom the requirements of s.
				  103.34,
				  Stats., apply.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 273 - Traveling Sales Crews › Section DWD 273.04 - Certificate of registration

Current through June 24, 2024
(1) Application. In
				order to apply for a 12 month original or renewal certificate of registration
				as a traveling sales crew employer under this chapter, the applicant shall
				fully complete a written application form furnished by the department and
				return it to the department.
Note:
Applications should be delivered to the
				  Department of Workforce Development, Equal Rights Division, at Room A300, 201
				  East Washington Avenue, Madison Wisconsin, or they may be mailed to the DWD
				  Equal Rights Division at P.O. Box 8928, Madison, WI 53708. Application forms
				  may be obtained by writing to the DWD Equal Rights Division at this address, or
				  calling (608) 266-6860, or visiting the DWD Equal Rights Division website at
http://dwd.wisconsin.gov/er/
.
(2) Items required. Along with the
				completed application form, the following items must be provided to the
				department:
(a) Two completed fingerprint
				cards for each person who is a proprietor, managing partner, manager, or
				principal officer of the applicant, and for each employee, agent or
				representative of the applicant who supervises or transports traveling sales
				crew workers.
(b) Evidence that the
				applicant has obtained, as confirmation of its ability to pay any compensation
				owed to an employee or any penalty imposed by the department, one of the
				following in the amount of at least $10,000: a surety bond, a certificate of
				deposit, an escrow account or an irrevocable letter of credit.
(c) A registration fee of $60.00 for each
				individual for whom the criminal background check under s.
				103.34(3)
				(b) 2, Stats., is required.
(d) Certification by a motor vehicle mechanic
				that all vehicles used by the applicant to transport traveling sales crews are
				in compliance with all applicable Wisconsin and federal safety standards as
				described in s.
				DWD
				273.09(2). The costs associated with
				any vehicle inspection are the responsibility of the applicant.
(e) A copy of the statement provided by the
				applicant to its employees, as required by s.
				103.34(5)
				(a) 9, Stats., which describes the
				transportation to be provided to the employee and which identifies any
				hazardous materials that the sales crews shall be storing, handling,
				transporting or having any exposure to, and a copy of any additional
				information concerning the storage, handling or transportation of hazardous
				materials which may be required by s.
				103.34(7)
				(b), Stats.
(f) Documentation showing that the applicant
				has in force insurance policies with minimum coverage for commercial automobile
				liability of $500,000 per person, $2,000,000 per accident and $500,000 of
				physical damage, and also has commercial general liability coverage of at least
				$500,000 per occurrence and $1,000,000 aggregate.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 273 - Traveling Sales Crews › Section DWD 273.05 - Fingerprint cards

Current through June 24, 2024
When it is necessary to complete the criminal background
				  check required by s.
				  103.34(3)
				  (b) 2, Stats., the applicant shall provide
				  two completed fingerprint cards for each individual identified in s.
				  DWD 273.04(2)
				  (a). The fingerprinting on these cards shall
				  be completed by a federal, state, or local law enforcement agency, or a private
				  entity duly authorized to provide fingerprinting services. The applicant shall
				  include, with the fingerprint cards submitted, documentation identifying the
				  agency or business that administered the fingerprinting.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 273 - Traveling Sales Crews › Section DWD 273.06 - Change of status

Current through June 24, 2024
If a change occurs in any of the information submitted to the
				  department under s.
				  103.34(3)
				  (a), Stats., the registrant shall notify the
				  department of that change within 30 calendar days after the change occurs. If
				  the registrant hires any new individuals who are required to have a criminal
				  background check involving fingerprint cards performed under s.
				  103.34(3)
				  (b) 2, Stats., the registrant shall submit to
				  the department, for each new individual hired, an additional registration fee
				  of $60.00 and two completed fingerprint cards.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 273 - Traveling Sales Crews › Section DWD 273.07 - Suspension or revocation of registration

Current through June 24, 2024
The department may deny, suspend, revoke, restrict or refuse
				  the certificate of registration if the department determines the applicant or
				  registrant is not in compliance with s.
				  103.34,
				  Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 273 - Traveling Sales Crews › Section DWD 273.08 - Payment and compensation

Current through June 24, 2024
(1) Payment and
				records required. The employer of a traveling sales crew shall provide payment
				to its employees on the regularly agreed upon pay dates, which shall in no case
				be less often than semimonthly. The employer shall keep, for three years, the
				following records for all traveling sales crew workers:
(a) Name and address.
(b) Date of birth.
(c) Date of entering and leaving
				employment.
(d) Time of beginning
				and ending of work each day.
(e)
				Time of beginning and ending of meal periods, when the traveling sales crew
				worker's meal periods are required or when such meal periods are to be deducted
				from work time.
(f) Total number of
				hours worked per day and per week.
(g) Rate of pay and wages paid each payroll
				period.
(h) The amount of and
				reason for each deduction from the wages earned.
(i) Output of the traveling sales crew
				worker, if paid on other than time basis.
(j) Documentation that the traveling sales
				crew worker has been paid the applicable minimum wage for all hours worked each
				pay period.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 273 - Traveling Sales Crews › Section DWD 273.09 - Worker safety

Current through June 24, 2024
(1) Vehicles. The vehicle used to transport
				traveling sales crews shall be used for its intended use. The vehicle shall
				have all safety equipment required under state and federal laws. The safety
				equipment shall be operational as defined in these laws.
(2) Transportation of materials. If any motor
				vehicle is used by the operator of a traveling sales crew to carry the products
				or samples of the products that the traveling sales crew is selling, the
				following requirements apply:
(a) If the
				product may pose any hazard to health due to contact with skin, or the
				breathing of fumes, or for any other reason, the operator shall obtain written
				information from the manufacturer or an equivalent source on the potential
				health hazards. The operator shall provide this information to all traveling
				sales crew workers and shall include the information provided in its
				application for a certificate of registration.
(b) The operator shall prepare a plan for the
				storage of products that are carried with the traveling sales crew which
				specifies how the products are to be stored in the vehicle, and during any
				temporary storage outside of the vehicle, to minimize the risk of injury to
				traveling sales crew workers. The operator shall provide this information to
				all traveling sales crew workers and shall include the information provided in
				its application for a certificate of registration.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 273 - Traveling Sales Crews › Section DWD 273.10 - Insurance

Current through June 24, 2024
The registered operator of a traveling sales crew shall
				  maintain in force the following insurance policies:
(1) Commercial automobile liability that
				provides minimum coverage limits of $500,000 per person, $2,000,000 per
				accident and $500,000 of physical damage.
(2) Commercial general liability that
				provides minimum coverage limits of $500,000 per occurrence and $1,000,000
				aggregate.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 273 - Traveling Sales Crews › Section DWD 273.11 - Traveling sales crew worker permits and identification cards

Current through June 24, 2024
(1) Requirement.
				The operator of a traveling sales crew shall obtain a permit and identification
				card for each traveling sales crew worker who works in Wisconsin or who is
				recruited from Wisconsin before the traveling sales crew worker begins
				work.
(2) Application. In order to
				obtain a traveling sales crew worker permit and identification card from the
				department, the traveling sales crew operator shall submit to the department a
				government-issued picture ID, which shall include date of birth and permanent
				home address for each worker. Accompanying the government picture ID, a letter
				from the operator of the traveling sales crew shall be submitted which
				identifies the following:
(a) The location
				where the traveling sales crew worker was recruited.
(b) The locations where the traveling sales
				crew worker shall be working.
(c) A
				description of the traveling sales crew worker's general duties and
				responsibilities.
(d) A description
				of the products being sold.
(e) A
				statement verifying that the required disclosure statement has been provided to
				the traveling sales crew worker.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 273 - Traveling Sales Crews › Section DWD 273.12 - Wage claims

Current through June 24, 2024
A person for whom an operator is required to obtain a
				  traveling sales crew worker permit is entitled to file an unpaid wage complaint
				  with the department under s.
				  109.09,
				  Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 274 - Hours Of Work And Overtime › Section DWD 274.01 - Definitions

Current through June 24, 2024
(1) "Day" means a calendar day or a period of
				24 consecutive hours.
(2) "Week"
				means a calendar week or a regular reoccurring period of 168 hours in the form
				of 7 consecutive 24 hour periods.
(3) "Regular" time means 40 hours of work per
				week.
(4) "Overtime" means hours in
				excess of 40 hours of work per week.
(5) "Mercantile" means "pertaining to
				merchants or trade," and is synonymous with the word commercial. Commercial is
				viewed with regard to profit or designed for profit; designed for mass appeal,
				emphasizing skill and subjects useful in business. "Trade" means the business
				or work in which one engages regularly, an occupation requiring manual or
				mechanical skill; the persons engaged in an occupation, business, or industry,
				dealings between persons or groups; the business of buying and selling or
				bartering commodities or services; to do business with, to have dealings, to
				give one thing in exchange for another.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 274 - Hours Of Work And Overtime › Section DWD 274.015 - Applicability of chapter

Current through June 24, 2024
Pursuant to s.
				  103.01(1),
				  Stats., employees employed in manufactories, mechanical or mercantile
				  establishments, beauty parlors, laundries, restaurants, confectionary stores,
				  telegraph or telephone offices or exchanges or express or transportation
				  establishments, hotels, and by 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, are covered by this chapter. Employees employed in domestic service in
				  a household by a household are not subject to this chapter.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 274 - Hours Of Work And Overtime › Section DWD 274.02 - Hours of work

Current through June 24, 2024
(1) No person shall be employed or be
				permitted to work in any place of employment or at any employment for such
				period or periods of time during any day, night or week as shall be dangerous
				or prejudicial to the life, health, safety or welfare of such person.
(2) It is recommended that each employer
				allow each employee, 18 years of age or over, at least 30 minutes for each meal
				period reasonably close to the usual meal period time (6:00 a.m., 12:00 noon,
				6:00 p.m. or 12:00 midnight) or near the middle of a shift. Shifts of more than
				6 consecutive hours without a meal period should be avoided.
Note: The above meal period requirements are mandatory for
				  minors under 18 years of age.
(3) The employer shall pay all employees for
				on-duty meal periods, which are to be counted as work time. An on-duty meal
				period is a meal period where the employer does not provide at least 30 minutes
				free from work. Any meal period where the employee is not free to leave the
				premises of the employer will also be considered an on-duty meal
				period.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 274 - Hours Of Work And Overtime › Section DWD 274.03 - Overtime pay

Current through June 24, 2024
Except as provided in s.
				  DWD
				  274.08, each employer subject to this chapter shall
				  pay to each employee time and one-half the regular rate of pay for all hours
				  worked in excess of 40 hours per week.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 274 - Hours Of Work And Overtime › Section DWD 274.04 - Exemptions

Current through June 24, 2024
Except as provided in s.
				  DWD
				  274.08, each employer subject to ch. DWD 274 shall be
				  exempt from the overtime pay requirements in s.
				  DWD 274.03 and these
				  exemptions shall be interpreted in such a manner as to be consistent with the
				  Federal Fair Labor Standards Act and the Code of Federal Regulations as
				  amended, relating to the application of that act to all issues of overtime in
				  respect to the following employees:
(1) Persons whose primary duty consists of
				administrative, executive or professional work.
(a) "Executive" means an employee employed in
				a bona fide executive capacity who meets the following criteria:
1. Whose primary duty consists of the
				management of the enterprise in which they are employed or of a customarily
				recognized department of subdivision thereof; and
2. Who customarily and regularly directs the
				work of 2 or more other employees therein; and
3. Who has the authority to hire or fire
				other employees or whose suggestions and recommendations as to the hiring or
				firing and as to the advancement and promotion or any other change of status of
				other employees will be given particular weight; and
4. Who customarily and regularly exercises
				discretionary powers; and
5. Who
				does not devote more than 20%, or in the case of an employee of a retail or
				service establishment who does not devote as much as 40%, of their hours of
				work in the workweek of activities which are not directly and closely related
				to the performance of the work described in subds. 1. through 4. provided, that
				this paragraph shall not apply in the case of an employee who is in sole charge
				of an independent establishment or a physically separated branch establishment,
				or who owns at least a 20% interest in the enterprise in which he is employed;
				and
6. Who is compensated for their
				services on a salary basis at a rate of not less than $700 per month.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 274 - Hours Of Work And Overtime › Section DWD 274.05 - Waiver or modification

Current through June 24, 2024
Except as provided in s.
				  DWD
				  274.08, where a collectively bargained agreement
				  exists, the department may consider the written application of labor and
				  management for a waiver or modification to the requirements of this chapter
				  based upon practical difficulties or unnecessary hardship in complying
				  therewith. If the department determines that in the circumstances existing
				  compliance with this chapter is unjust or unreasonable and that granting such
				  waiver or modification will not be dangerous or prejudicial to the life,
				  health, safety or welfare of the employees, the department may grant such
				  waiver or modification as may be appropriate to the case.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 274 - Hours Of Work And Overtime › Section DWD 274.06 - Records

Current through June 24, 2024
Except as provided in s.
				  DWD
				  274.08, each employer shall keep permanent records for
				  at least 3 years, available for inspection and transcription by a duly
				  authorized deputy of the department, showing the name and address of each
				  employee, the hours of employment and wages of each and such other records as
				  the department may require.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 274 - Hours Of Work And Overtime › Section DWD 274.07 - Penalties

Current through June 24, 2024
Any employer who violates order s.
				  DWD 274.02,
				  274.03 or shallbe 274.06 subject to
				  the penalties provided in ss.
				  103.005
				  and
				  109.11, Stats. Each day
				  of violation shall constitute a separate and distinct
				  offense.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 274 - Hours Of Work And Overtime › Section DWD 274.08 - Coverage of public employees

Current through June 24, 2024
(1) This section
				applies to employees of 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) The provisions of ss.
				DWD 274.03 through
				regarding overtime 274.06pay, exemptions, and records shall not be applicable
				to employees identified in sub. (1). The provisions applicable to employees
				identified in sub. (1) shall be the provisions of the federal Fair Labor
				Standards Act, 29 CFR Part 553, the regulations of the U.S. department of labor
				relating to the application of the Act to employees of state and local
				governments, and other federal regulations relating to the application of the
				Act to overtime issues affecting employees of state and local governments.
(3) Where there is a valid
				collective bargaining agreement in effect as of December 18, 1990, the
				provisions of this chapter shall not become effective for employees identified
				in sub. (1) until one day after expiration of the collective bargaining
				agreement, unless it is otherwise modified prior to expiration.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 275 - One day of rest in seven › Section DWD 275.01 - Day of rest

Current through June 24, 2024
Section
				  103.85,
				  Stats., is modified as follows:
(1)
				Twenty-four consecutive hours of rest in each calendar week shall be deemed
				compliance with this section.
(2)
				Employees in paper and pulp mills.
(a) This
				section shall not apply to superintendents and department heads whose work is
				supervisory and not manual.
(b)
				This section shall apply to machine operators, but shall not apply to
				millwrights, electricians, pipefitters, and other employees whose duties
				include not more than 5 hours of essential work on Sunday, making necessary
				repairs to boilers, piping, wiring or machinery.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 277 - Private Employment Agents Required To Be Licensed Under ch. 105, Stats › Section DWD 277.01 - Definitions

Current through June 24, 2024
As used in this chapter:
(1) "Agency" or "agent" means employment
				agent.
(2) "Applicant" means a job
				seeker who informs an employment agency of his or her availability and
				qualifications for referral to job openings and requests assistance in finding
				a position.
(3) "Branch office"
				means a separate office of an agency located in the same community as the
				parent or main office.
(4)
				"Department" means the department of workforce development.
(4m) "Employer-paid fee employment agent"
				means a private employment agent whose fees or charges are paid entirely and
				directly by the employer to the employment agent.
(5) "Employment agent" has the meaning
				defined in s.
				105.01,
				Stats.
(6) "Referral" means the
				making of arrangements by an agency to bring to the attention of an employer
				the qualifications of the applicant by means of an employment interview. The
				mailing of an unsolicited resume in itself does not constitute a
				referral.
(7) "Registration fee"
				means any charge for registering or listing an applicant for employment,
				including any charge for letter writing, cost of photograph or filmstrip,
				costume, or any charge of a similar nature, without having a bona fide order
				for the placement of the applicant in a job.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 277 - Private Employment Agents Required To Be Licensed Under ch. 105, Stats › Section DWD 277.015 - Employer-paid fee employment agent registration

Current through June 24, 2024
(1) All
				employer-paid fee employment agents shall pay a $5.00 registration fee and
				register with the department by July 1 of each year for the period of July 1
				through June 30 of the following year.
(2) The $5.00 registration fee covers all
				business locations of the requesting agent.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 277 - Private Employment Agents Required To Be Licensed Under ch. 105, Stats › Section DWD 277.03 - Character and premises

Current through June 24, 2024
(1) "Character," as used in s.
				105.13,
				Stats., includes components of an applicant's ability to be an agent; such as,
				his or her moral character, education, business integrity, fiscal integrity,
				training and knowledge of the employment business, capability of staff, and the
				extent of his or her participation in operating the agency.
(2) "Premises" as used in s.
				105.13,
				Stats., includes components of the following to be considered as fit for the
				use by private employment agents; such as, location, size, neighborhood, public
				access, access for individuals with disabilities, public restroom facilities,
				compliance with local zoning and building codes, occupancy permit, principal
				place of business and the types or services provided at the licensed
				facility.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 277 - Private Employment Agents Required To Be Licensed Under ch. 105, Stats › Section DWD 277.04 - Licensee

Current through June 24, 2024
A license to operate as an employment agent under ch. 105,
				  Stats., may be issued to a person, partnership or corporation. If a license is
				  issued to a corporation or transferred from an individual or partnership to a
				  corporation, the following conditions shall apply:
(1) The corporation shall be licensed to do
				business in the state of Wisconsin, shall maintain therein all records with
				respect to the operations of the agency within the state of Wisconsin, and
				shall appoint a manager or managers who shall reside in Wisconsin, and who
				shall consent to service of process by certified mail addressed to the
				agency.
(2) The licensee shall
				notify the department immediately if there is a change in managers.
(3) The corporation shall file with the
				department a certified statement setting forth the names, home addresses and
				telephone numbers of all officers and directors of the corporation and their
				respective interest therein.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 277 - Private Employment Agents Required To Be Licensed Under ch. 105, Stats › Section DWD 277.05 - License coverage

Current through June 24, 2024
(1) Private employment agency licenses are
				limited by the terms and classifications set forth thereon.
(2) Said license shall constitute a license
				from this state to operate as an employment agent for compensation and shall
				not be transferable to any other person or persons whatever, or inure to the
				benefit of any person other than the licensee.
(3) When the sale, transfer or assignment of
				the agency or the controlling interest of the agency takes place, the assuming
				principals shall proceed to obtain a license in the same manner as any other
				applicant for a license.
(4) If the
				sale, transfer or assignment is not contingent on the approval of the license
				application by the department, the agency shall cease operation until such time
				as the department issues a license.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 277 - Private Employment Agents Required To Be Licensed Under ch. 105, Stats › Section DWD 277.06 - License renewal

Current through June 24, 2024
(1) Before May 31 of each year, the
				department shall mail a renewal application and bond form to each licensed
				agent.
(2) By July 10 of each year,
				each licensed agent shall submit to the department the following:
(a) The completed renewal
				application.
(b) Required surety
				bond.
(c) Balance of unpaid license
				fees for previous license year, if any.
(d) The minimum license fee for the next
				year.
(e) Applicant fee
				schedule.