Wisconsin Administrative Code › Department of Workforce Development › DWD 100-150 - Unemployment Insurance › Chapter DWD 100 - Definitions › Section DWD 100.02 - Definitions

Current through June 24, 2024
In chs.
				  DWD 100 to 150, the following
				  words and phrases have the designated meanings unless a different meaning is
				  expressly provided or the context clearly indicates a different meaning:
(3) "Agricultural labor" has the meaning
				specified in s.
				108.02(2),
				Stats.
(4) "Asset" means any
				resource of the transferor used in the business, whether owned or not and
				whether tangible or intangible, including real estate, inventories, machinery
				and equipment, furniture and fixtures, contracts, franchises, licenses,
				goodwill, accounts receivable, contracts for leased employees and customer
				lists. The outstanding shares of stock of an employer which is a corporation
				are not assets of the issuing corporation for purposes of s.
				108.16(8),
				Stats.
(5) "Base period" has the
				meaning specified in s.
				108.02(4),
				Stats.
(6) "Benefit year" has the
				meaning specified in s.
				108.02(5),
				Stats.
(7) "Business activity"
				includes the product or the service provided by a business.
(8) "Carrier" means a person engaged in the
				hauling of passengers or freight by motor vehicle and includes a person engaged
				as a "common motor carrier", under s.
				194.01(1),
				Stats., as a "contract motor carrier", under s.
				194.01(2),
				Stats., or as a "private motor carrier", under s.
				194.01(11),
				Stats.
(9) "Commission" means the
				labor and industry review commission.
(11) "Constructively paid" means credited to
				or set apart for an employee without any substantial limitation or restriction
				as to the time or manner of payment or condition upon which payment may be
				made, such that the amounts so credited or set aside are available for the
				employee to draw upon at any time.
(12) "Contract operator" means an individual
				who contracts to lease a motor vehicle to a carrier for use in the carrier's
				business.
(13) "Contribution
				report" means the written document or electronic transmission, submitted in the
				manner prescribed by the department, in which an employer makes a quarterly
				report of total employment or wages or both to the department.
(14) "Covered wages" means wages less the
				exclusion under s.
				108.02(15)
				(L), Stats., and any applicable exclusions
				under s.
				108.02(15) (f) to
				(k), Stats., unless the wages attributed to
				an exclusion under s.
				108.02(15) (f) to
				(k), Stats., are subject to a tax under the
				Federal Unemployment Tax Act and are not subject to a tax under any other
				unemployment insurance law.
(15)
				"Customary occupation" means the occupation for which a claimant is most
				qualified based on the claimant's skills, abilities, training, education and
				work experience.
(15m) "Decision"
				means a written resolution by an appeal tribunal of an appeal from a
				determination or a written resolution of a petition for review by the
				commission or a written resolution of an action for judicial review by a court
				of competent jurisdiction.
(16)
				"Department" means the department of workforce development.
(16f) "Determination" means an initial
				determination issued under s.
				108.09,
				108.095,
				or
				108.10(1),
				Stats.
(16m) "Disaster" means a
				fire, flood, or other physical occurrence beyond the employer's control that is
				caused naturally or accidentally.
(18) "Employee" has the meaning specified in
				s.
				108.02(12),
				Stats.
(19) "Employer" has the
				meaning specified in s.
				108.02(13),
				Stats.
(20) "Employer's account"
				has the meaning specified in s.
				108.02(14),
				Stats.
(21) "Employing unit" means
				any employer or any other person who engages one or more individuals to perform
				services for pay, whether or not that person is subject to the reimbursement
				financing or contribution requirements of ch. 108, Stats.
(22) "Employment" has the meaning specified
				in s.
				108.02(15),
				Stats.
(23) "Employment
				relationship" means a relationship between an employee and an employer in which
				the employee performs services for pay for the employer under an informal or
				formal agreement of employment and which continues when the employment is
				temporarily suspended for a definite, discernible period of time.
(24) "FUTA" means the federal unemployment
				tax act, subtitle C, ch. 23 of the internal revenue code,
				26 USC
				3301 to
				3311.
(27) "Forest products manufacturer" means a
				business engaged in the processing of logs, and includes pulp mills, saw mills
				or other manufacturing plants.
(29)
				"Government unit" has the meaning specified in s.
				108.02(17),
				Stats.
(35) "Labor market area"
				means a geographical area in which there are jobs deemed to be suitable work
				for the claimant and which encompasses the geographical area in which workers
				with similar occupational skills customarily travel to obtain or perform
				suitable work.
(36) "Lag period"
				means the period between the end of the base period and the valid new claim
				week under s.
				108.02(25m),
				Stats.
(37) "Logging contractor"
				means a person who contracts for the cutting of timber, the hauling of logs or
				the skidding of logs, purchases timber to cut, or sells unmanufactured forest
				products.
(38) "Motor vehicle" has
				the meaning designated in s.
				194.01(7),
				Stats.
(39) "Multiemployer benefit
				plan" means a benefit plan maintained pursuant to one or more collective
				bargaining agreements between 2 or more employers and one or more employee
				organizations under which each employer makes contributions to provide sickness
				or accident disability payments through the plan to eligible employees or their
				dependents.
(40) "Nonprofit
				organization" has the meaning specified in s.
				108.02(19),
				Stats.
(41) "Partial unemployment"
				and "partially unemployed" have the meaning designated in s.
				108.02(20),
				Stats.
(42) "Payroll" has the
				meaning specified in s.
				108.02(21),
				Stats.
(43) "Payroll base" means
				the applicable amount under s.
				108.02(21) (b) or
				(c), Stats., paid by an employer during a
				calendar year to an individual, including any wages paid for any work covered
				by the unemployment insurance law of any other state, which is payroll under s.
				108.02(21),
				Stats.
(44) "Penalty" includes any
				tardy payment fee or late filing fee provided for in ch. 108, Stats., and a
				forfeiture assessed under s.
				108.04(11)
				(c), Stats., but does not include any fine or
				restitution arising under s.
				108.24,
				Stats.
(45) "Piece cutter" means a
				person who fells timber, removes branches from timber, saws timber into logs,
				or stacks logs.
(47) "Public
				housing agency" means any state, county, municipality, or other governmental
				entity or public body, or agency or instrumentality thereof, which is
				authorized by the U.S. department of housing and urban development to engage in
				or assist in the development or operation of low-income housing.
(48) "Quarter" has the meaning designated in
				s.
				108.02(21m),
				Stats.
(49) "Reemployment services"
				means job search assistance and job placement services, such as: assessment,
				testing, counseling, provision of occupational and labor market information,
				job search workshops, referrals to potential employers, and other similar
				services.
(50) "Representative of
				the department" means any person employed by the department of workforce
				development who has job duties involving the taking, processing or adjudication
				of benefit claims.
(56) "Shipper"
				means a customer of the carrier who arranges or contracts for the
				transportation of goods.
(57)
				"Sickness or accident disability payment" means any payment made on account of
				sickness or accident disability which is considered wages under s.
				108.02(26),
				Stats.
(58) "Similar work" means
				work in a claimant's labor market which, when compared with a particular job,
				has substantially equivalent duties and responsibilities and requires
				substantially equivalent skills, abilities and knowledge.
(59) "Skidding operator" means a person who
				removes logs from the woods to a roadside landing or other collection point for
				hauling.
(60) "Successor" means the
				transferee when a transfer of a business has occurred under ch. DWD 115 and ch.
				108, Stats., and when either the department finds successorship status under s.
				108.16(8) (c), (d) or
				(e), Stats., or the transferee requests
				successorship status under s.
				108.16(8)
				(b), Stats.
(61) "Suitable work" means work that is
				reasonable considering the claimant's training, experience, and duration of
				unemployment as well as the availability of jobs in the labor market.
(67) "Unemployment insurance record" means
				any material that contains, records, or preserves written, drawn, printed,
				spoken, visual, digital, or electromagnetic information, regardless of physical
				form or characteristics:
(a) Relating to the
				wages earned by a worker from one or more employing units including supporting
				data, and which has been created or is being kept by the department in
				connection with the administration of ch. 108, Stats., or as required by
				federal law, and also includes the record on which an employer makes a
				quarterly report of total employment or wages or both to the
				department;
(b) Relating to records
				kept by the department in connection with the processing of a claim for
				benefits under ch. 108, Stats., or for other benefits or allowances under
				similar programs administered by the department pursuant to federal law;
				and
(c) Relating to records kept by
				the department concerning employers and employing units including but not
				limited to audit records, coverage records, successorship records, rating
				records, collection records, and related correspondence.