reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 127 - Work Search and Reemployment Services › Section DWD 127.01 - Work search; policy; requirements

Current through June 24, 2024
(1) A claimant
				shall be eligible for unemployment benefits for any given week when the
				department finds that the claimant has completed at least 4 actions to search
				for suitable work within that week. Upon request of the department, a claimant
				shall provide verification of conducting at least 4 work search actions that
				are reasonably designed to secure work. Registration for work under ch. DWD 126
				does not establish that the claimant is making a reasonable search for suitable
				work. It is essential that the claimant personally and diligently search for
				suitable work. The reasonableness of a search for work will, in part, depend on
				the employment opportunities in the claimant's labor market area. A work search
				which may be appropriate in a labor market area with limited opportunities may
				be totally unacceptable in an area with greater opportunities. Unreasonable
				limitations by a claimant as to salary, hours, or conditions of work indicate
				that a claimant is not making a reasonable search for suitable work. The
				department expects claimants to conduct themselves as would a prudent person
				who is out of work and seeking work.
(2) Any of the following actions by a
				claimant shall constitute a reasonable work search action:
(a) Applying for work with employers who may
				reasonably be expected to have openings for suitable work, except that
				applications submitted to the same employer more than once in a 4-week period
				are not credited as a work search action unless a new job is posted by the
				employer or available, or the employer's customary practices or circumstances
				encourage the submission of additional applications or the provisions under s.
				108.04(2)
				(i), Stats., apply.
(c) Making applications for suitable
				work.
(cm) Taking examinations for
				suitable work in the civil service of a governmental unit.
(d) Registering for suitable work with a
				public or private placement facility, including a union.
(em) Following the recommendations of a
				public employment office or similar reemployment services, including
				participation in reemployment services.
(j) Other actions the department may
				determine as constituting a reasonable work search action.
Note:
The department shall include in the UCB-10
				  Handbook for Claimants examples of reasonable work search actions. In addition,
				  the department shall include information on how claimants can contact the
				  department with questions related to work search
				  actions.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 127 - Work Search and Reemployment Services › Section DWD 127.02 - Waiver of work search requirements

Current through June 24, 2024
The department shall waive a claimant's requirement to
				  conduct at least 4 actions to search for suitable work if any of the following
				  apply:
(1) The claimant performs any
				work for his or her customary employer.
Note
:
Sub.
(1) is amended by
				  CR 13-081 effective when the secretary of the department determines the
				  department has the technological ability to implement the changes made by CR
				  13-081 to read:
(1) The claimant performs at least 20 hours of work
				  for any employer in that week.
(2) The claimant is currently laid off from
				employment with an employer but there is a reasonable expectation that the
				claimant will be returning to employment within a period of 8 weeks, which may
				be extended an additional 4 weeks but may not exceed a total of 12 weeks. In
				determining whether the claimant has a reasonable expectation of reemployment
				by the employer, the department shall request the employer to verify the
				claimant's employment status. If the employer does not verify the claimant's
				employment status, the department may consider any of the following:
(a) The history of layoffs and reemployments
				by the employer.
(b) Any
				information that the employer furnished to the individual concerning the
				claimant's anticipated reemployment date.
(c) Whether the claimant has recall rights
				with the employer under the terms of any applicable collective bargaining
				agreement.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 127 - Work Search and Reemployment Services › Section DWD 127.04 - Claimants to present verification of work search actions

Current through June 24, 2024
(1) Upon request, a
				claimant shall provide verification of conducting at least 4 work search
				actions to the department by computer-based programs or other methods approved
				by the department. The department shall consider alternate forms of submittal
				of completed information by a claimant on an individual basis when there is
				good cause for the claimant's inability to use a computer-based program. Good
				cause for failure to use a computer-based program as prescribed by the
				department shall include any of the following:
(am) The claimant possesses physical, mental,
				educational, or linguistic limitations.
(bm) The claimant has unusual or unavoidable
				circumstances beyond the claimant's control.
Note:
The department shall notify claimants
				  that it will consider alternate methods to verify a claimant's work search
				  actions if there is good cause for the claimant's inability to use a
				  computer-based program. In addition, the department shall provide claimants
				  with information about how to request assistance with providing work search
				  verification.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 127 - Work Search and Reemployment Services › Section DWD 127.05 - Certification as to work search

Current through June 24, 2024
The department may require a claimant to certify that work
				  search actions were made each week as part of the claim filing procedure under
				  ch. DWD 129.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 127 - Work Search and Reemployment Services › Section DWD 127.06 - Added efforts to secure work

Current through June 24, 2024
(1) In addition to
				the requirements under s.
				DWD
				127.01(2), if a claimant has been
				unemployed for 7 or more consecutive weeks, a claimant may be required to
				perform any of the following:
(a) Conduct 5
				work search actions within any given week when the department determines a
				claimant's employment history or conduct indicates that the claimant is placing
				unreasonable limitations as to salary, hours, or conditions of work in
				accepting new work or is not engaging in work search efforts as would a prudent
				person who is out of work and is seeking work.
(b) Develop a work search plan for approval
				by the department. The plan may include a requirement to complete 5 work search
				actions per week. The plan shall consider the number of job opportunities
				available in the labor market area where the claimant usually
				works.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 127 - Work Search and Reemployment Services › Section DWD 127.07 - Reemployment services

Current through June 24, 2024
(1) The department may require a claimant to
				participate in a public employment office workshop, training program, or
				similar reemployment services which offers instruction in improving the
				claimant's skills for finding and obtaining employment. The claimant shall be
				ineligible for benefits for any given week for which the department determines
				that the claimant failed, without good cause, to participate in such a
				workshop, training program, or similar reemployment services.
(2) The department may find that a claimant
				has good cause for failure to participate in reemployment services in any given
				week. For the purposes of this section, good cause for failure to participate
				in reemployment services includes that the claimant is unable to participate
				due to any of the following:
(a) The claimant
				is summoned to serve as a prospective or impaneled juror.
(b) The claimant is enrolled and
				satisfactorily participating in a course of training approved by the
				department, in a work share program under s.
				108.062(10m),
				Stats., in a self-employment assistance program, or another program designed to
				assist individuals to become employed that has been enacted by the Wisconsin or
				federal legislature.
(c) The
				claimant is employed.
(d) The
				claimant is attending a job interview.
(e) Circumstances which the department
				determines are beyond the claimant's control.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 128 - Ability To Work And Availability For Work › Section DWD 128.001 - Definitions

Current through June 24, 2024
(1) Unless the context clearly indicates a
				different meaning, the definitions in ch. DWD 100 apply to this
				chapter.
(2) In this chapter:
(a) "Full-time" means work which is performed
				for 32 or more hours in a week.
(b)
				"Shift" means the arrangement of hours a claimant is required to work. "First
				shift" means a work period which begins and ends between 6 a.m. and 6
				p.m.
(c) "Total unemployment" has
				the meaning specified in s.
				108.02(25),
				Stats.
(d) "Weekly certification"
				means the method used by a claimant to submit information regarding the
				claimant's employment status and availability for work and to establish a basis
				for the payment of unemployment benefits.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 128 - Ability To Work And Availability For Work › Section DWD 128.01 - Able to work and available for work

Current through June 24, 2024
(1) APPLICABILITY.
				Under s.
				108.04(2),
				Stats., a claimant shall be eligible for unemployment benefits for any week of
				total unemployment only if the claimant is able to perform suitable work and
				available for suitable work. Under s.
				108.04(1) (b), (7)
				(c), and (8), Stats., a claimant shall be
				eligible for unemployment benefits only if the claimant is able to perform
				suitable work and is available for suitable work. The department may determine
				the claimant's ability to perform suitable work and availability for suitable
				work at any time through questioning of the claimant and other
				procedures.
(2) PRESUMPTION. Unless
				evidence is obtained that in the relevant week the claimant was not able to
				work or available for work, a claimant is presumed able to work and available
				for work for any week that all of the following conditions are met:
(a) The claimant has registered for work and
				has complied with s.
				DWD 126.02, or
				registration is waived under s.
				DWD
				126.03.
(b) The claimant has complied with the work
				search requirements of s.
				108.04(2) (a)
				3, Stats., and ch. DWD 127, or a work search
				is waived or excused under ch. DWD 127.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 128 - Ability To Work And Availability For Work › Section DWD 128.03 - Eligibility review

Current through June 24, 2024
(1) The department may periodically review
				the records of any individual claiming unemployment benefits to determine
				whether the claimant meets the continuing eligibility requirements of chs.
				DWD
				126 to
				128 and s.
				108.04,
				Stats. A claimant shall respond as required when notified by the department of
				a review of the claimant's continuing eligibility for benefits.
(2) The eligibility review may include any of
				the following:
(a) An interview with the
				claimant conducted by a representative of the department.
(b) A review of the appropriateness of the
				claimant's registration or waiver of registration under ch. DWD 126.
(c) A determination as to whether the
				claimant is able to perform suitable work and available for suitable work under
				this chapter.
(d) An assessment of
				the claimant's work search efforts under ch. DWD 127.
(e) A determination as to whether the
				claimant is making satisfactory progress under s.
				108.04(16),
				Stats., if the claimant is participating in approved training.
(f) A review of any reemployment services the
				claimant has received.
(g)
				Preparation of a reemployment plan as reasonably necessary to assist the
				claimant in his or her efforts to obtain work.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 129 - Benefit Claiming Procedures › Section DWD 129.01 - Notice of unemployment

Current through June 24, 2024
(1) INITIATING A CLAIM. A claimant is not
				eligible under s.
				108.08, Stats., for
				benefits for any week of total or partial unemployment unless the claimant
				notifies the department during that week or within 7 days after the close of
				that week, of the claimant's intent to initiate the claim and the claimant
				complies with the department's procedures for initiating and continuing claims.
				If the department provides for a single method for initiating a claim and a
				claimant has good cause for the claimant's inability to use that method, the
				department shall provide reasonable accommodations for the claimant to be able
				to complete the claim. Good cause for failure to initiate a claim as prescribed
				by the department shall include, if it prevents the claimant from using the
				method prescribed by the department, any of the following:
(a) The claimant possesses physical, mental,
				educational, or linguistic limitations.
(b) The claimant has unusual or unavoidable
				circumstances beyond the claimant's control.
Note:
The department shall notify claimants that
				  it will consider alternate methods for initiating a claim if there is good
				  cause for the claimant's inability to use a computer-based program. In
				  addition, the department shall provide claimants with information about how to
				  request assistance with initiating a claim.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 129 - Benefit Claiming Procedures › Section DWD 129.02 - Establishment of benefit year

Current through June 24, 2024
(1) In order to
				establish a benefit year under s.
				108.06(2)
				(a), Stats., a claimant shall:
(a) Comply with the notification and filing
				requirements under s.
				DWD
				129.01; and
(b) Have the minimum amount of wages in the
				claimant's base period as required under s.
				108.04(4)
				(a), Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 129 - Benefit Claiming Procedures › Section DWD 129.03 - Backdating of benefit year; circumstances

Current through June 24, 2024
Under s.
				  108.06(2)
				  (bm), Stats., a claimant's benefit year
				  begins on the Sunday of the week in which the claimant meets the requirements
				  to establish a benefit year under s.
				  DWD
				  129.02, except that the department may, by rule,
				  permit a claimant to begin a benefit year before that time. The department
				  shall permit the backdating of a benefit year if an exceptional circumstance
				  exists. Exceptional circumstances include those listed in s.
				  DWD
				  129.01(4).
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 129 - Benefit Claiming Procedures › Section DWD 129.04 - Department set aside of benefit year

Current through June 24, 2024
(1) Request to set
				aside a benefit year. Under s.
				108.06(2)
				(d), Stats., a claimant may request the
				department to set aside a benefit year.
(2) Granting a request to set aside a benefit
				year. Under s.
				108.06(2)
				(d), Stats., the department shall grant the
				claimant's request and cancel the benefit year if the request is voluntary,
				benefits have not been paid to the claimant, and at the time the department
				acts upon the request for that benefit year the claimant's benefits eligibility
				is not suspended. If the claimant does not meet all of the requirements under
				s.
				108.06(2)
				(d), Stats., the department may set aside the
				benefit year if the conditions in both pars. (a) and (b) are met:
(a) The department has recovered, or has
				waived the recovery of, all benefits paid to the claimant for that benefit year
				or offsets this amount against benefits the claimant would otherwise be
				eligible to receive at the time the request to set aside a benefit year is
				made.
(b) Any of the following
				exceptional circumstances apply to the claim:
1. The department terminates coverage of an
				employer previously subject to ch. 108, Stats., for whom the claimant performed
				services in the base period and the claimant could not have foreseen this
				termination of coverage.
2. The
				department makes an error relating to the establishment of the claimant's
				benefit year.
3. The wage data used
				by the department to establish the benefit year is erroneous.
4. The claimant established a benefit year in
				the two weeks immediately preceding the first full week of a new calendar
				quarter, but a benefit year established as of the first full week of the new
				calendar quarter would give the claimant a higher weekly benefit rate or a
				higher maximum benefit amount.
5.
				The claimant's first payment in the benefit year was made after an additional
				initial claim was filed.
6. The
				claimant is eligible to start a benefit year in another state.
7. The cancellation of wage credits under s.
				108.04(5),
				Stats., reduces the claimant's maximum benefit amount to less than 5 times the
				weekly benefit rate.
8. Other
				exceptional circumstances exist over which the claimant has no control that are
				related to establishing a benefit year.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 129 - Benefit Claiming Procedures › Section DWD 129.05 - Payment of benefits

Current through June 24, 2024
(1) Method of payment. The department shall
				pay benefits by checks mailed to the claimant's address of record with the
				department, by electronic deposit to a claimant's designated bank account, or
				by debit card issued by the department or its designee, unless the benefits are
				applied by the department for overpayments, forfeitures, child support payments
				under s.
				108.13,
				Stats., or other assignments permitted under state or federal law.
(2) Charging of payment. The department shall
				charge each benefit payment against an account in the unemployment reserve fund
				or the administrative account and shall periodically send each employer a
				record of each payment charged against its account in the fund.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 131 - Pre-Employment Drug Testing, Substance Abuse Treatment Program And Job Skills Assessment › Section DWD 131.001 - Definitions

Current through June 24, 2024
(1) Except as provided in sub. (2), the
				definitions in ch. DWD 100 apply to this chapter.
(2) In this chapter:
(a) "Controlled substances" has the meaning
				given under s.
				108.133(1)
				(ar), Stats.
Note:
Section
				  108.133(1)
				  (ar), Stats., states "Notwithstanding s.
				  108.02(9),
				  "controlled substances" has the meaning given in
				  21
				  USC 802."
(b) "Positive test results" means a test
				outcome that confirms the unlawful use of one or more controlled substances and
				which is conducted or confirmed by a laboratory certified by the substance
				abuse and mental health services administration of the United States department
				of health and human services.
(d)
				"Substance abuse treatment program" means the services offered by a substance
				abuse treatment provider, beginning with an assessment.
(e) "Substance abuse treatment provider"
				means an individual or organization that is licensed by a government unit to
				administer substance abuse treatment services to individuals that use
				controlled substances.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 131 - Pre-Employment Drug Testing, Substance Abuse Treatment Program And Job Skills Assessment › Section DWD 131.10 - Pre-employment testing for the unlawful use of controlled substances

Current through June 24, 2024
(1)
				POSITIVE TEST RESULTS; APPLICABILITY. An employing unit may report to the
				department an individual's positive test results if all of the following apply:
(a) The test for the unlawful use of
				controlled substances was conducted as a condition of an offer of employment
				and the employing unit informed the individual, before testing, that positive
				test results may be submitted to the department.
(b) The individual tested positive for one or
				more controlled substances without evidence of a valid prescription for each
				controlled substance.
(c) The
				employing unit complies with all of the provisions of this chapter.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 131 - Pre-Employment Drug Testing, Substance Abuse Treatment Program And Job Skills Assessment › Section DWD 131.30 - Substance abuse treatment program

Current through June 24, 2024
(1) ELIGIBILITY.
(a) An individual whose positive test results
				are reported under s.
				DWD
				131.10(2) may enroll in a substance
				abuse treatment program if all of the following apply:
1. The individual is otherwise eligible for
				benefits under ch. 108, Stats.
2.
				The services offered by a substance abuse treatment program are administered by
				a substance abuse treatment provider approved by the
				department.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 131 - Pre-Employment Drug Testing, Substance Abuse Treatment Program And Job Skills Assessment › Section DWD 131.40 - Jobs skills assessment

Current through June 24, 2024
(1) An individual whose positive test results
				are reported under s.
				DWD
				131.10(2) and who elects to enroll in
				and comply with a substance abuse treatment plan under s.
				DWD
				131.30 shall complete a job skills assessment as
				directed by the department.
(2) The
				department may require an individual to participate in reemployment services
				under s.
				DWD 127.07
				in order to complete the job skills assessment.
(3) An individual who fails to participate in
				a job skills assessment under this section as directed by the department is
				ineligible to receive benefits until the individual earns wages after the week
				in which the failure occurs equal to at least 6 times the individual's weekly
				benefit rate under s.
				108.05(1),
				Stats., in employment or other work covered by the unemployment insurance law
				of any state or the federal government.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 132 - Determining Eligibility For Benefits › Section DWD 132.001 - Definitions

Current through June 24, 2024
(1) Except as provided in this chapter,
				unless the context clearly indicates a different meaning, the definitions in
				ch. DWD 100 apply to this chapter.
(2) In this chapter:
(a) "Health care facility" means any nursing
				home, community-based residential facility, hospital, clinic, office of a
				physician or other health care professional, mental health institute, center
				for the developmentally disabled, alcohol or drug treatment center or other
				facility providing inpatient or outpatient health care to patients, whether
				licensed, approved or exempted under state law or certified under federal
				law.
(b) "Sexual contact" has the
				meaning specified in s.
				940.225(5)
				(b), Stats.
(c) "Sexual intercourse" has the meaning
				specified in s.
				940.225(5)
				(c), Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 132 - Determining Eligibility For Benefits › Section DWD 132.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to provide standards for
				  determining a claimant's eligibility for benefits under certain provisions of
				  s.
				  108.04,
				  Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 132 - Determining Eligibility For Benefits › Section DWD 132.04 - Educational employees: reasonably similar terms and conditions

Current through June 24, 2024
(1) SCOPE.
				Under s.
				108.04(17) (a) to
				(i), Stats., a claimant is ineligible for
				benefits based upon services provided to or on behalf of an educational
				institution for weeks of unemployment which occur between academic years or
				terms or during an established and customary vacation period or holiday recess
				if the claimant performed the services in the first such year or term or in the
				year or term immediately before the vacation period or holiday recess and if
				there is reasonable assurance that the claimant will perform such services for
				any educational institution in the year or term immediately following the
				academic year, term, vacation period or holiday recess.
(2) STANDARD. Except as provided under sub.
				(3), the terms and conditions of the employment for which the claimant receives
				assurance from an educational institution under s.
				108.04(17) (a) to
				(i), Stats., for the academic year or term
				immediately following the weeks of unemployment which occurred between academic
				years or terms or during an established and customary vacation period or
				holiday recess are reasonably similar if all of the following apply:
(a) The claimant will earn at least 90% of
				the amount the claimant earned in the academic year or term which preceded the
				weeks of unemployment.
(c) The
				employment involves substantially the same skill level and knowledge as the
				employment in the academic year or term which preceded the weeks of
				unemployment.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 132 - Determining Eligibility For Benefits › Section DWD 132.05 - Misconduct: abuse of a patient of a health care facility

Current through June 24, 2024
(1) SCOPE.
(a) After an employee has been discharged by
				an employing unit for misconduct connected with the employee's employment, as
				defined under s.
				108.04(5),
				Stats., the employee is not eligible to receive unemployment benefits under s.
				108.04(5),
				Stats.
(b) This section provides a
				standard by which to determine if misconduct exists under s.
				108.04(5),
				Stats., when an employee is discharged for alleged abuse of a patient of a
				health care facility. This standard also applies to suspensions for misconduct
				under s.
				108.04(6),
				Stats.
(c) At any hearing involving
				this section, the health care facility shall prove by competent evidence that
				the alleged conduct for which the employee was discharged actually occurred.
				Section
				DWD
				140.16 regarding the admissibility of evidence applies
				in all hearings involving alleged abuse of a patient.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 133 - Temporary Help Employers › Section DWD 133.001 - Definitions

Current through June 24, 2024
(1) Except as provided in sub. (2) and unless
				the context clearly indicates a different meaning, the definitions in ch. DWD
				100 apply to this chapter.
(2)
				Notwithstanding ch. DWD 100 and unless the context clearly indicates a
				different meaning, in this chapter:
(a)
				"Assignment" means work assigned by an employer to an employee to be performed
				for a client company of the employer. An assignment ends when it is completed
				or when the employee is removed from the assignment.
(b) "Client company" means an entity that
				contracts with an employer for the employer to provide labor for a determinate
				or indeterminate time.
(c)
				"Employer" has the same meaning given "temporary help company," in s.
				108.02(24m),
				Stats., and does not include a "professional employer organization" as defined
				in s.
				108.02(21e),
				Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 133 - Temporary Help Employers › Section DWD 133.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to recognize that the
				  employment relationship between a temporary help employer and an employee is,
				  in limited circumstances, unlike that of other employment relationships. An
				  employee of a temporary help employer commonly performs multiple assignments
				  for one or more client companies. An assignment may end with little or no
				  advance notice. While the employer and employee may intend to continue the
				  employment relationship, the employer may not immediately be able to provide a
				  new assignment to the employee. This chapter establishes standards for
				  determining whether the employment relationship continues or is terminated for
				  the purpose of unemployment insurance benefit eligibility.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 133 - Temporary Help Employers › Section DWD 133.02 - Employment relationship

Current through June 24, 2024
(1) CONTINUATION OF
				EMPLOYMENT RELATIONSHIP. When an assignment ends, the employment relationship
				between an employer and an employee shall be considered a continuing
				relationship if all of the following conditions are met:
(a) Before the end of the second full
				business day after the end of the assignment, the employee contacts the
				employer, or the employer contacts the employee, and informs the other that the
				assignment has ended or will end on a certain date. The department may waive
				the requirement for the deadline or notice, or both, if it determines that the
				employee's failure to so contact the employer was for good cause and the
				employer and employee have otherwise acted in a manner consistent with the
				continuation of the employment relationship.
(b) Before the end of the second full
				business day after the end of the assignment, or prior to the end of the first
				full business day after the date notice was given under par. (a) if the
				deadline for the notice was waived, the employer informs the employee that the
				employer will provide a new assignment that will begin within 7 days and any of
				the following occur:
1. The employer provides
				a new assignment that begins within 7 days of the date of the notice.
2. A new assignment does not begin within the
				7-day period specified in par. (b) (intro.), but within that same 7-day period,
				the employer notifies the employee that the start of the assignment will be
				delayed for a period not to exceed an additional 7 days. The delayed assignment
				begins within 7 days of the date that the employer notified the employee of the
				delay.
3. A new assignment does not
				begin within the 7-day period specified in par. (b) (intro.), but within that
				same 7-day period, the employer notifies the employee that the employer will
				provide another assignment that will begin within 7 days. This assignment
				begins within 7 days of the date that the employer notified the employee of the
				assignment.
(c) The
				assignment offered by the employer meets the conditions under which the
				individual offered to work, including the type of work, rate of pay, days and
				hours of availability, distance willing to travel to work, and available modes
				of transportation, as set forth in the individual's written application for
				employment with the employer submitted before the first assignment, or as
				subsequently amended by mutual agreement. The employer shall have the burden of
				proof to show that the assignment meets the requirements of this paragraph. If
				the employer offers an assignment that does not conform to the requirements of
				this paragraph, the employment relationship ends under sub.
				(2).
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 133 - Temporary Help Employers › Section DWD 133.03 - Treatment of time between assignments

Current through June 24, 2024
An employee shall be eligible for unemployment insurance
				  benefits while the employment relationship continues between assignments
				  pursuant to s.
				  DWD
				  133.02(1), if the employee is
				  otherwise qualified for those benefits.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 133 - Temporary Help Employers › Section DWD 133.04 - Relationship following termination

Current through June 24, 2024
When an employee's employment relationship with an employer
				  terminates, his or her application for employment with that employer shall
				  expire. If the employee returns to work for the employer, a new written
				  application for employment shall be required for this chapter to be applicable.
				  If the employee agrees in writing, the original application may be treated as a
				  new application for employment.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 135 - Waiver Of Recovery Of Tra And Other Taa Overpayments › Section DWD 135.001 - Definitions

Current through June 24, 2024
(1) IN GENERAL. Except as provided in sub.
				(2), unless the context clearly indicates a different meaning, the definitions
				in ch. DWD 100 apply to this chapter.
(2) IN THIS CHAPTER. Notwithstanding ch. DWD
				100, the following words and phrases have the designated meanings unless the
				context clearly indicates a different meaning:
(a) "Benefits" means any payment made under
				the trade adjustment assistance for workers program under
				19 USC
				2271 to
				2319, including Trade
				Readjustment Allowances and other forms of Trade Adjustment
				Assistance.
(b) "Overpayment" means
				a payment of benefits to which a claimant was not entitled under the trade
				adjustment assistance for workers program under
				19 USC
				2271 to
				2319 and federal
				regulations promulgated thereunder at 20 CFR part 617.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 135 - Waiver Of Recovery Of Tra And Other Taa Overpayments › Section DWD 135.01 - Purpose

Current through June 24, 2024
(1) The department administers the trade
				adjustment assistance for workers program as an agent for the U. S. department
				of labor. In administering this program, the department is required to apply
				the applicable federal laws and regulations specified at
				19 USC
				2271 to
				2319 and 20 CFR part
				617. Section
				106.19,
				Stats., requires the department to establish a policy for waiving recovery of
				overpayments of benefits made under the trade adjustment assistance for workers
				program under
				19 USC
				2271 to
				2319. This chapter
				implements this statutory directive and specifies the conditions under which
				the department may grant such waivers.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 135 - Waiver Of Recovery Of Tra And Other Taa Overpayments › Section DWD 135.02 - Waiver of recovery of overpayments

Current through June 24, 2024
(1) If the
				department determines that a claimant received an overpayment of benefits, he
				or she shall be liable to reimburse the department for the amount of the
				overpayment.
(2) Under
				19 USC
				2315 and s.
				106.19,
				Stats., the department shall waive recovery of the overpayment if:
(a) The overpayment was made without fault on
				the part of the claimant who received the overpayment; and
(b) Recovery of the overpayment would be
				contrary to equity and good conscience.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 135 - Waiver Of Recovery Of Tra And Other Taa Overpayments › Section DWD 135.03 - Departmental notice of waiver

Current through June 24, 2024
The department shall issue a written notice to any claimant
				  to whom benefits have been overpaid of the claimant's right to request a waiver
				  of the recovery of an overpayment.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 135 - Waiver Of Recovery Of Tra And Other Taa Overpayments › Section DWD 135.04 - Application for waiver; procedure

Current through June 24, 2024
(1) A claimant may
				request the department to waive the recovery of an overpayment which the
				department has assessed against the claimant. The claimant shall file the
				application for waiver on forms furnished by the department and may submit the
				application to a representative of the department at any time. The claimant may
				obtain an application for waiver by sending a request to: Department of
				Workforce Development, Unemployment Insurance Division, TRA Unit, P. O. Box
				7905, Madison, Wisconsin, 53707.
(2) The department shall issue a
				determination after receiving an application with complete financial
				information. The department may not waive recovery of any part of an
				overpayment which has been recovered prior to the date of the
				determination.
(3) The department
				shall issue a determination within 15 days after receiving a completed
				application. The department's determination is appealable under s.
				108.09,
				Stats.
(4) After an application is
				filed, the department may not initiate any new collection activity until a
				determination is issued on the application, except that the department shall
				recover the overpayment by direct offset against any unemployment benefits
				payable under a state or federal law.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 136 - Wages Exempt From Levy › Section DWD 136.001 - Definitions

Current through June 24, 2024
(1) Unless the context clearly indicates a
				different meaning, the definitions in ch. DWD 100 apply to this
				chapter.
(2) In this chapter:
(a) "Disposable earnings" has the meaning
				specified in s.
				108.225(1)
				(d), Stats.
Note:
Under s.
				  108.225(1)
				  (d), Stats., "Disposable earnings" means that
				  part of the earnings of any individual after the deduction from those earnings
				  of any amounts required by law to be withheld, any life, health, dental or
				  similar type of insurance premiums, union dues, any amount necessary to comply
				  with a court order to contribute to the support of minor children, and any
				  levy, wage assignment or garnishment executed prior to the date of a levy under
				  s.
				  108.225,
				  Stats.
(b) "Federal minimum
				hourly wage" has the meaning specified in s.
				108.225(1)
				(e), Stats.
Note:
Under s.
				  108.225(1)
				  (e), Stats., "Federal minimum hourly wage"
				  means that wage prescribed by
				  29 USC
				  206(a) (1).
(c) "Federal poverty guidelines" means the
				poverty guidelines updated periodically in the Federal Register by the U.S.
				department of health and human services under the authority of
				42 USC
				9902(2) and in effect at the
				time an exemption is calculated.
(d) "Gross earnings" includes, but is not
				limited to, wages, tips, salary, commissions, bonuses, value of room and board,
				and periodic payments such as longevity pay or proceeds from a pension or
				retirement plan.
(e) "Household"
				means all people who reside together and share income and expenses, but does
				not include all members of cooperative housing, group homes, or similar group
				housing or care arrangements.
(f)
				"Levy" has the meaning specified in s.
				108.225(1)
				(f), Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 136 - Wages Exempt From Levy › Section DWD 136.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to prescribe a methodology for
				  computing wages exempt from department levy under ss.
				  108.225(16)
				  (a) and (am), Stats., and as required by
				  15 USC
				  1673.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 136 - Wages Exempt From Levy › Section DWD 136.02 - Levy to recover forfeitures

Current through June 24, 2024
In the case of an individual responsible for forfeitures
				  imposed on an employing unit under s.
				  108.04(11)
				  (c), Stats., the individual is entitled to an
				  exemption from department levy of 75% of the individual's disposable earnings
				  pursuant to s.
				  108.225(16)
				  (a), Stats. For purposes of computing the
				  amount of the exemption, the department shall provide the third party employer
				  with a worksheet to assist in computing the amount of the exemption that is
				  based on earnings per pay period and provides as follows:
(1) The department may levy 25% of the
				individual's disposable earnings unless any of the following apply:
(a) The total aggregate of all levies against
				an individual for the pay period will exceed 25% of the total of the
				individual's disposable earnings plus prior levies for the pay
				period.
(b) The total aggregate of
				all levies against an individual for the pay period will exceed the amount by
				which the individual's weekly disposable earnings exceed 30 times the federal
				minimum hourly wage. If the pay period is other than weekly, the department
				levy shall be calculated using the amount exempt for pay periods other than
				weekly under s.
				DWD
				136.04.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 136 - Wages Exempt From Levy › Section DWD 136.04 - Pay periods other than weekly

Current through June 24, 2024
In the case of earnings for a period paid other than weekly,
				  the amount exempt from levy shall be computed so that it is equivalent to 30
				  times the federal minimum hourly wage for a week by using one of the
				  following:
(1) An amount equal to 60
				times the federal minimum hourly wage for a two-week pay period.
(2) An amount equal to 65 times the federal
				minimum hourly wage for a semi-monthly pay period.
(3) An amount equal to 130 times the federal
				minimum hourly wage for a monthly pay period.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 140 - Unemployment Insurance Appeals › Section DWD 140.001 - Definitions

Current through June 24, 2024
(1) IN GENERAL. Except as provided in sub.
				(2), the definitions in ch. DWD 100 apply to this chapter.
(2) IN THIS CHAPTER. Notwithstanding ch. DWD
				100, the following words and phrases have the designated meanings:
(a) "Affiant" means a person who swears to an
				affidavit.
(bm) "Affidavit" means a
				written statement sworn under oath before a notary public or other person
				authorized by law to verify sworn statements and must be based upon personal
				knowledge or upon information and belief.
(c) "Agent state" means any state other than
				Wisconsin in which a person files a claim for unemployment benefits from the
				state of Wisconsin.
(d) "Appeal
				tribunal" means an individual designated under s.
				108.09(3),
				Stats., to conduct hearings arising under ch. 108, Stats., and s.
				103.06(6),
				Stats.
(e) "Division" means the
				unemployment insurance division of the department of workforce
				development.
(f) "Ease of access"
				means the physical characteristics of a building which allow a person with a
				temporary or permanent incapacity or disability to enter, circulate within and
				leave the building and to use the public toilet facilities and passenger
				elevators in the building without assistance.
(g) "Hearing office" means an office of the
				division that is responsible for scheduling and conducting hearings arising
				under ch. 108, Stats., and s.
				103.06(6),
				Stats.
(h) "Person with a
				disability" means any person who, by reason of an impairment of sight, hearing
				or speech, may be hindered or prevented from communicating at a hearing as
				effectively as a person who does not have such an impairment.
(i) "Representative" means any attorney or
				agent who notifies the department they are authorized to represent any
				party.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 140 - Unemployment Insurance Appeals › Section DWD 140.02 - Representation of parties

Current through June 24, 2024
Any party may appear on the party's own behalf at any hearing
				  under this chapter or appear with or by a representative. The representative
				  shall be presumed to have full authority to act on behalf of the party,
				  including the authority to file or withdraw an appeal. The representative shall
				  have authority to act on behalf of the party until the party or the
				  representative terminates the representative's authorization and notifies the
				  department that such representation has ended. No attorney whose license is
				  suspended or who has been otherwise disbarred and prohibited from practicing
				  law by the courts or bar association of any state may be allowed to act as a
				  representative at any hearing under this chapter.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 140 - Unemployment Insurance Appeals › Section DWD 140.03 - Notice of pending appeal

Current through June 24, 2024
The department shall promptly notify the parties in writing
				  of the appeal after an appeal is received. The notice may also contain any
				  information concerning the hearing which the department considers
				  relevant.
Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 140 - Unemployment Insurance Appeals › Section DWD 140.04 - Failure to file a timely appeal

Current through June 24, 2024
(1) The hearing
				office may schedule a hearing on the question of whether a late appeal was for
				a reason beyond the appellant's control. The hearing office may also schedule a
				provisional hearing on any matter in the determination at the same time as the
				hearing on the appellant's late appeal.
(2) The appeal tribunal shall issue a
				decision which makes ultimate findings of fact and conclusions of law as to
				whether or not the appellant's late appeal was for a reason beyond the
				appellant's control. If the appeal tribunal decides this question in favor of
				the appellant, the same or another appeal tribunal shall then make ultimate
				findings of fact and conclusions of law on the merits of the case. If the
				appeal tribunal decides that the late appeal was late for a reason within the
				appellant's control, the appeal tribunal shall dismiss the appeal.