Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 273 - Traveling Sales Crews › Section DWD 273.03 - Definitions

Current through June 24, 2024
Unless otherwise provided, in this chapter:
(1) "Department" means the Department of
				Workforce Development.
(2)
				"Employee" means an individual who is recruited in Wisconsin to be a traveling
				sales crew worker or who is working in Wisconsin as a traveling sales crew
				worker.
(3) "Employer" means an
				entity that is operating a traveling sales crew in Wisconsin or that recruits
				any traveling sales crew worker in Wisconsin.
(4) "Misconduct" for the purposes of s.
				103.34(9)
				(e), Stats., means conduct evincing such
				willful or wanton disregard of an employer's interests as is found in a
				deliberate violation or disregard of standards of behavior which the employer
				has the right to expect of his employee, or in carelessness or negligence of
				such degree or recurrence as to manifest equal culpability, wrongful intent or
				evil design, or to show an intentional and substantial disregard of the
				employer's interests or of the employee's duties and obligations to the
				employer. Mere inefficiency, unsatisfactory conduct, failure of good
				performance as the result of inability or incapacity, inadvertencies of
				ordinary negligence in isolated instances, or good-faith errors in judgment or
				discretion are not to be deemed "misconduct."
Note:
The term "misconduct" is defined because
				  s.
				  103.34(9)
				  (e), Stats., provides as follows: "(9) No
				  employer of a traveling sales crew worker and no employee, agent, or
				  representative of that employer who supervises or transports traveling sales
				  crew workers may do any of the following: . . . . . (e) Abandon a traveling
				  sales crew worker who is unable to work due to illness or injury or who is
				  discharged from employment for reasons other than misconduct without providing
				  for the return of the traveling sales crew worker to his or her permanent place
				  of residence."
(5)
				"Operator" means a person, corporation, limited liability company or other
				entity that employs, offers to employ, or otherwise recruits an individual to
				work as a traveling sales crew worker, including a proprietor, managing
				partner, manager, principal officer, employee, agent or representative of the
				entity.
(6) "Traveling sales crew"
				has the same meaning as in s.
				103.34(1)
				(d), Stats.
Note:
Section
				  103.34(1)
				  (d), Stats., defines "traveling sales crew"
				  as "2 or more individuals who are employed as salespersons or in related
				  support work, who travel together in a group, and who are absent overnight from
				  their permanent places of residence for the purpose of selling consumer goods
				  or services to consumers from house to house, on any street, or in any other
				  place that is open to the public. "Traveling sales crew" does not include 2 or
				  more individuals who are traveling together for the purpose of participating in
				  a trade show or convention or 2 or more immediate family members who are
				  traveling together for the purpose of selling consumer goods or
				  services."
(7) "Traveling
				sales crew activities" has the same meaning as in s.
				103.34(1)
				(e), Stats.
Note:
Section
				  103.34(1)
				  (e), Stats., defines "traveling sales crew
				  activities" as "(e) "Traveling sales crew activities" means the sale of
				  consumer goods or services to consumers from house to house, on any street, or
				  in any other place that is open to the public or related support work.
				  "Traveling sales crew activities" does not include the sale of consumer goods
				  or services from a fixed location at a concert, festival, carnival, street
				  fair, public exhibition, or other similar special event with the permission of
				  the organizer of the special event."
(8) "Traveling sales crew worker" has the
				same meaning as in s.
				103.34(1)
				(f), Stats.
Section
					 103.34(1)
					 (f), Stats., defines "traveling sales crew
					 worker" as "a member of a traveling sales crew."