reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Workforce Development › DWD 290-294 - Public Works Construction Contracts › Chapter DWD 290 - Contracts For Construction Of Public Works › Section DWD 290.16 - Complaints

Current through June 24, 2024
Any person may request an inspection pursuant to s.
				  66.0903(10)
				  (c), 66.0904(8) (c), or
				  103.49(5)
				  (c), 2009 Stats. The request shall be in
				  writing and shall identify the involved project; contractor, subcontractor, or
				  agent; and trade or occupation. The requestor shall sign a statement that he or
				  she understands the obligation to pay costs assessed pursuant to s.
				  66.0903(10)
				  (c), 66.0904(8) (c), or
				  103.49(5)
				  (c), 2009 Stats., if the contractor,
				  subcontractor, or agent is found to be in compliance.
"Wisconsin Prevailing Wage Rate Complaint," form ERD-9850,
					 is available at no charge from the Department of Workforce Development, Equal
					 Rights Division, P.O. Box 8928, Madison, WI 53708 or the DWD web site at
					 http://dwd.wisconsin.gov/er/prevailing_wage_rate/default.htm.
Wisconsin Administrative Code › Department of Workforce Development › DWD 290-294 - Public Works Construction Contracts › Chapter DWD 290 - Contracts For Construction Of Public Works › Section DWD 290.17 - Standard contract language

Current through June 24, 2024
(1) Every state
				agency or local governmental unit shall insert or cause to be inserted a clause
				in every prime contract that clearly states that the applicable project of
				public works is subject to the provisions of either s.
				66.0903 or
				103.49, 2009 Stats.,
				and ch. DWD 290.
(2) Every owner or
				developer of real property shall insert or cause to be inserted a clause in
				every prime contract that clearly states that the applicable publicly funded
				private construction project is subject to the provisions of s. 66.0904, 2009
				Stats., and ch. DWD 290.
(3) Every
				contractor who contracts with another contractor, subcontractor or agent to
				complete work on a project of public works or a publicly funded private
				construction project shall provide a copy of the applicable prevailing wage
				determination for the project to the contractor.
Wisconsin Administrative Code › Department of Workforce Development › DWD 290-294 - Public Works Construction Contracts › Chapter DWD 290 - Contracts For Construction Of Public Works › Section DWD 290.18 - Electronic certified payroll records

Current through June 24, 2024
(1) CONTRACTOR
				REPORTING. Except as noted in sub. (2), by the 7 th day of the month following
				a month in which a contractor, subcontractor, or contractor's or
				subcontractor's agent performs work on a prevailing wage project, the
				contractor, subcontractor, or contractor's or subcontractor's agent shall
				upload certified payroll records to the department's website that comply with
				the applicable electronic formatting requirements, including the identification
				of each person who has performed work on the prevailing wage project.
(2) UNION CONTRACTOR REPORTING.
(a) If the contractor, subcontractor, or
				contractor's or subcontractor's agent has persons who are subject to a
				collective bargaining agreement performing work on a prevailing wage project
				for which the collective bargaining agreement wage rates equal or exceed the
				prevailing wage rate, then, by the 7 th day of the month following the first
				month in which the contractor, subcontractor, or contractor's or
				subcontractor's agent performs work on the prevailing wage project, the
				contractor, subcontractor, or contractor's or subcontractor's agent shall
				upload certified payroll records that comply with the applicable electronic
				formatting requirements and upload an electronic copy of the applicable
				collective bargaining agreement if it does not already appear on the prevailing
				wage public display of collective bargaining agreements. For any month in which
				there is a change to the collective bargaining agreement wage rate, the
				contractor, subcontractor, or contractor's or subcontractor's agent shall
				upload subsequent certified payroll records that comply with the applicable
				electronic formatting requirements for union contractors and upload an
				electronic copy of the collective bargaining agreement if it does not already
				appear on the prevailing wage public display of collective bargaining
				agreements.
(b) If the contractor,
				subcontractor, or contractor's or subcontractor's agent has persons who are
				subject to a collective bargaining agreement performing work on a prevailing
				wage project for which the collective bargaining agreement wage rates do not
				equal or exceed the prevailing wage rate, then the contractor, subcontractor,
				or contractor's or subcontractor's agent is subject to sub. (1).
Wisconsin Administrative Code › Department of Workforce Development › DWD 290-294 - Public Works Construction Contracts › Chapter DWD 290 - Contracts For Construction Of Public Works › Section DWD 290.19 - Application of effective date

Current through June 24, 2024
(1) PROJECTS OF
				PUBLIC WORKS, REQUESTS FOR BIDS. For projects under s.
				66.0903, 2009
				Stats., which are subject to bidding, the department shall apply the threshold
				amount of $25,000 to projects for which a request for bids is issued after
				January 1, 2010.
(2) PROJECTS OF
				PUBLIC WORKS, NEGOTIATED CONTRACTS. For projects under s.
				66.0903, 2009
				Stats., which are covered by negotiated contracts, the department shall apply
				the threshold amount of $25,000 to projects for which an agreement is made
				after January 1, 2010, as shown by a signed contract or other evidence of an
				agreement.
(3) PUBLICLY FUNDED
				PRIVATE CONSTRUCTION PROJECTS, REQUESTS FOR BIDS. For projects under s.
				66.0904, 2009 Stats., which are subject to bidding, the department shall apply
				the threshold amount of $1,000,000 to projects for which a request for bids is
				issued after January 1, 2010 and for which at least $1,000,000 in direct
				financial assistance is committed as of the date that the request for bids is
				issued.
(4) PUBLICLY FUNDED PRIVATE
				CONSTRUCTION PROJECTS, NEGOTIATED CONTRACTS. For projects under s. 66.0904,
				2009 Stats., which are covered by negotiated contracts, the department shall
				apply the threshold amount of $1,000,000 to projects for which an agreement is
				made after January 1, 2010, as shown by a signed contract or other evidence of
				an agreement, and for which at least $1,000,000 in direct financial assistance
				is committed as of the date that the negotiated agreement has been signed by
				all of the parties to the agreement.
Sectio n 66.0904, Stats., was repealed by 2011 Wis. Act
					 32.
Wisconsin Administrative Code › Department of Workforce Development › DWD 290-294 - Public Works Construction Contracts › Chapter DWD 290 - Contracts For Construction Of Public Works › Appendix A

Current through June 24, 2024
Related labor standards state statutes and
				  administrative rules that apply to public works projects
Subject
Administrative Code or Statutory
								Reference
Child labor
ch. DWD 270
Minimum wage
ch. DWD 272
Business closing
ch. DWD 279
Listing of deductions
s. DWD 272.10
Waiting time
s. DWD 272.12 (2) (b)
Rest and meal periods
s. DWD 272.12 (2) (c)
Pay for training
s. DWD 272.12 (2) (f)
Travel time
s. DWD 272.12 (2) (g)
Compensatory time
s.
								103.025,
								Stats.
Grooming
s.
								103.14,
								Stats.
Deductions for faulty workmanship, loss, theft, or
								damage
s.
								103.455,
								Stats.
Wage payment frequency
s.
								109.03,
								Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 290-294 - Public Works Construction Contracts › Chapter DWD 293 - PAYMENT AND PERFORMANCE ASSURANCE REQUIREMENTS (REPEALED) › Section DWD 293.01 - Payment and performance assurance requirements (Repealed)

Current through June 24, 2024
The Engineering News-Record is a weekly publication of the
					 McGraw-Hill Companies, 1221 Avenue of the Americas, New York, NY 10020. A
					 construction cost index is published in the "Construction Economics" section of
					 each issue.
Wisconsin Administrative Code › Department of Workforce Development › DWD 290-294 - Public Works Construction Contracts › Chapter DWD 294 - Debarment of public works contractors › Section DWD 294.01 - Applicability

Current through June 24, 2024
(1) SCOPE OF CHAPTER. This chapter:
(a) Prescribes certain policies and
				procedures governing the debarment of contractors from contracts involving any
				state agency or local governmental unit.
(b) Sets forth the treatment to be accorded
				to debarred contractors.
(c)
				Prescribes the procedures to be used to inform state agencies, local
				governmental units and the general public of the contractors that have been
				declared ineligible to perform work on public works projects.
Wisconsin Administrative Code › Department of Workforce Development › DWD 290-294 - Public Works Construction Contracts › Chapter DWD 294 - Debarment of public works contractors › Section DWD 294.02 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Consolidated list" means a list compiled
				and maintained by the department which contains the names, addresses and other
				pertinent information as required by this chapter of all contractors that have
				been debarred under this chapter within a 3 year period from the date of
				publication.
(2) "Construction
				business" means:
(a) Any business engaged in
				erecting, constructing, remodeling, repairing, demolishing, altering, painting
				or decorating buildings, structures, or facilities; and
(b) Any business engaged in the delivery of
				mineral aggregate or the transporting of excavated material or spoil as
				provided by s.
				66.0903(4)
				or
				103.49(2m),
				Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 290-294 - Public Works Construction Contracts › Chapter DWD 294 - Debarment of public works contractors › Section DWD 294.03 - List and records of debarred contractors

Current through June 24, 2024
(1) LIST.
(a) The department shall compile and maintain
				a current consolidated list of all debarred contractors.
(b) The department shall use the consolidated
				list to ensure that every state agency or local governmental unit does not
				solicit bids from, negotiate with, award contracts to, and approve or allow
				subcontracts with listed contractors, except as otherwise provided in s.
				DWD
				294.05.
Wisconsin Administrative Code › Department of Workforce Development › DWD 290-294 - Public Works Construction Contracts › Chapter DWD 294 - Debarment of public works contractors › Section DWD 294.04 - Treatment of listed contractors

Current through June 24, 2024
(1) EFFECT. No
				state agency or local governmental unit may knowingly solicit bids from,
				negotiate with or award contracts to, and approve or allow subcontracts with a
				debarred contractor, except as otherwise provided in s.
				DWD
				294.05.
(2) REVIEW. Prior to any of the procurement
				actions enumerated in sub. (1), with respect to a particular bidder, offer or
				or proposed subcontractor, every state agency or local governmental unit shall
				review the consolidated list. If a bidder, offeror or proposed subcontractor is
				listed, it may not be awarded a contract or allowed to participate as a
				subcontractor, except as otherwise provided in s.
				DWD
				294.05.
(3) INADVERTENTLY AWARDED CONTRACTS OR
				SUBCONTRACTS.
(a) If the department learns
				that a debarred contractor is employed on a public works project, it shall
				require the state agency or local governmental unit to terminate the employment
				of the contractor, except as otherwise provided in s.
				DWD
				294.05.
(b) Contract termination decisions shall be
				made only after review by and in consultation with the state agency or local
				governmental unit purchasing personnel, department legal counsel and designated
				representative, and affected contractors to assure the propriety of the
				proposed contract termination.
Wisconsin Administrative Code › Department of Workforce Development › DWD 290-294 - Public Works Construction Contracts › Chapter DWD 294 - Debarment of public works contractors › Section DWD 294.05 - Debarment

Current through June 24, 2024
(1) GENERAL.
(a) The department may, in the public
				interest, debar a contractor for any of the causes contained in sub. (2), using
				the procedures in sub. (3). The existence of a cause for debarment, as
				specified in sub. (2), shall not always require that a contractor be debarred.
				The seriousness of a contractor's acts or omissions, past compliance history,
				attitude and any other mitigating factors shall be considered in making any
				debarment decision.
(b) Debarment
				of a contractor constitutes a debarment of all divisions or other
				organizational elements of the contractor that are engaged in construction
				business activities, unless the debarment is explicitly limited to specific
				divisions or organizational elements. The department shall determine whether a
				debarment shall apply to a contractor affiliated with a debarred contractor. A
				corporation is an affiliate of another corporation if substantially the same
				group of persons owns and manages the 2 corporations.
(c) A contractor may not be debarred from
				performing work on a project that is being bid or negotiated if a written or
				oral offer to perform work for another contractor was received or accepted
				before the name of the contractor making the offer initially appeared on the
				consolidated list.
(d) A contractor
				may not be debarred from completing any work on a project if the contract for
				the work was awarded to the contractor prior to the date that the name of the
				contractor initially appeared on the consolidated list.
Wisconsin Administrative Code › Department of Workforce Development › DWD 290-294 - Public Works Construction Contracts › Chapter DWD 294 - Debarment of public works contractors › Section DWD 294.06 - Notification to state agencies and local governmental units

Current through June 24, 2024
(1) The department
				shall notify all state agencies and local governmental units of the names of
				all debarred contractors by providing them with a copy of the most current
				consolidated list available at the same time that the department issues a
				prevailing wage rate determination to them.
(2) Local governmental units exempted from
				applying to the department for prevailing wage rate determinations, pursuant to
				s.
				66.0903(6),
				Stats., and all state agencies shall be sent a copy of the most current
				consolidated list at least quarterly, if any addition or deletion was made to
				the most current list.
Section
					 66.0903(6)
					 was repealed by 2011 Wis. Act 32, removing exemptions for local governmental
					 units. Sub. (2) will be repealed by future
					 rulemaking.
Wisconsin Administrative Code › Department of Workforce Development › DWD 290-294 - Public Works Construction Contracts › Chapter DWD 294 - Debarment of public works contractors › Section DWD 294.07 - Distribution of consolidated list to the general public

Current through June 24, 2024
To ensure that the general public is kept fully informed of
				  the names of the debarred contractors, the department shall supplement the
				  notification requirements provided under s.
				  DWD
				  294.06 by distributing a copy of the current
				  consolidated list, using a variety of methods including, but not limited to,
				  the use of the state newspaper, press releases and the periodicals of
				  associations that have members who are affected by, or are interested in, the
				  information on the list.
Wisconsin Administrative Code › Department of Workforce Development › DWD 290-294 - Public Works Construction Contracts › Chapter DWD 294 - Debarment of public works contractors › Section DWD 294.08 - Disclosure of ownership of other construction business that failed to observe prevailing wage law

Current through June 24, 2024
On the date a contractor submits a bid to or completes
				  negotiations with a state agency or local governmental unit, the contractor
				  shall disclose the name of any other construction business which the
				  contractor, or a shareholder, officer, or partner of the contractor, owns or
				  has owned within the preceding 3 years only if both of the following
				  apply:
(1) The contractor, or a
				shareholder, officer or partner of the contractor, presently owns or has owned,
				within the preceding 3 years, at least a 25% interest in the other construction
				business; and
(2) The department
				has determined that the other construction business failed to pay the
				prevailing wage rate or at least 1.5 times the hourly basic rate of pay for
				hours worked in excess of the prevailing hours of labor to any employe at any
				time within the preceding 3 years.
"Disclosure of Ownership," form ERD-7777, may be obtained
					 at no charge from the Department of Workforce Development, Equal Rights
					 Division, P.O. Box 8928, Madison, WI 53708 or the DWD web site at
					 http://www.dwd.state.wi.us/er/pdfforms.htm.
Wisconsin Administrative Code › Department of Workforce Development › DWD 295-296 - Apprenticeship › Chapter DWD 295 - Apprenticeship › Section DWD 295.001 - Definitions

Current through June 24, 2024
(1) "Apprentice" has the meaning specified in
				s.
				106.001(1),
				Stats.
(2) "Assignment" means the
				initial placement of an apprentice with an employer.
Note
: See also the definitions in this section
				  of "reassignment" and "unassignment."
(3) "Cancellation" means the termination of
				the registration or approval status of a program at the request of the sponsor,
				or the termination of an apprentice contract at the request of any party to the
				contract.
(4) "Certificate" or
				"certification" means documentary evidence that:
(a) The department has established that an
				individual is eligible for probationary employment as an apprentice under a
				registered apprenticeship program.
(b) The department has established that an
				individual is eligible for probationary employment as an apprentice under a
				registered apprenticeship program [The department has registered an
				apprenticeship program as evidenced by a certificate of registration].
Note
: CR 14-032 amended this paragraph by
				  striking a semicolon and underscoring a period. However, without striking or
				  underscoring any new text, CR 14-032 replaced the previously existing text,
				  which is shown in brackets, with the text not shown in brackets. The text not
				  shown in brackets repeats the language of par. (a). The change of text was
				  unintended by the department and the language of this paragraph will be
				  clarified by future rulemaking
(c) The department has determined that an
				apprenticeship [apprentice] has successfully met the requirements to receive an
				interim credential.
Note
: CR 14-032 amended this paragraph by
				  striking a semicolon and underscoring a period. However, without striking or
				  underscoring any new text, CR 14-032 replaced "apprentice," which is shown in
				  brackets, with "apprenticeship." The change of text was unintended by the
				  department and the language of this provision will be clarified by future
				  rulemaking
(d) The
				department has determined that an individual has successfully completed
				apprenticeship.
Wisconsin Administrative Code › Department of Workforce Development › DWD 295-296 - Apprenticeship › Chapter DWD 295 - Apprenticeship › Section DWD 295.01 - Eligibility and procedure for registration of an apprenticeship program

Current through June 24, 2024
(1) The eligibility for registration of an
				apprenticeship program for federal and state purposes is conditioned upon a
				program's conformity with the apprenticeship program standards published in
				this chapter. For a program to be determined by the department as being in
				conformity with this chapter, the program shall apply for registration and be
				registered with the department. The determination by the department that the
				program meets the apprenticeship program standards is made only through such
				registration.
(2) An apprenticeship
				program or any apprentice contract is eligible for registration by the
				department if it meets all of the following criteria:
(a) The program or contract is in conformity
				with the requirements of this chapter and the training is in an apprenticeable
				occupation having the characteristics set forth in s.
				DWD
				295.15(2).
(b) The program or contract is in conformity
				with the requirements of ch. DWD 296 relating to equal employment
				opportunity.
Wisconsin Administrative Code › Department of Workforce Development › DWD 295-296 - Apprenticeship › Chapter DWD 295 - Apprenticeship › Section DWD 295.03 - Local committees

Current through June 24, 2024
(1) The function of local apprenticeship
				committees is to act in an advisory capacity to the department and to be
				parties to apprentice contracts. Candidates for membership are nominated by the
				organizations which the members are to represent. To be recognized as a local
				apprenticeship committee each individual member shall be officially so
				designated by the department. The geographical jurisdictional area of each such
				local apprenticeship committee shall be determined by the department.
(2) This rule does not apply to shop or plant
				sponsored apprenticeship programs or to local apprenticeship committees created
				under the terms of a bargaining agreement between the management and its
				employees within that plant or shop program.
Wisconsin Administrative Code › Department of Workforce Development › DWD 295-296 - Apprenticeship › Chapter DWD 295 - Apprenticeship › Section DWD 295.04 - Application forms

Current through June 24, 2024
Where the department requires application forms to be filled
				  out by applicant employers, applicant sponsors, and applicants for
				  apprenticeships, the forms shall be approved by the
				  department.
All forms referred to may be obtained at no charge from the
					 Department of Workforce Development, Bureau of Apprenticeship Standards, P.O.
					 Box 7972, Madison, WI 53707.
Wisconsin Administrative Code › Department of Workforce Development › DWD 295-296 - Apprenticeship › Chapter DWD 295 - Apprenticeship › Section DWD 295.05 - Apprentice wages

Current through June 24, 2024
(1) An apprentice contract wage scale is
				deemed adequate when, during the term of training, it averages 60% of the
				current journeyworker rate or skilled wage rate. The apprentice contract shall
				provide for a graduated scale progressing in periods as approved by the
				department.
(2) In determining the
				journeyworker or skilled wage rate, for the construction sector for the
				apprentices who are covered under a collective bargaining agreement, the
				specified rate applies. Where apprentices are not covered by the collective
				bargaining agreement, the skilled wage rate is the rate average, calculated as
				the mean, based on the geographical area of the appropriate local committee.
				The department will not normally approve a skilled rate for apprenticeship
				purposes more than 20% below the journeyworker rate in the area. In
				controversial cases, growing out of the fact that the committee's
				jurisdictional area is so great as to extend into communities in which
				application of this policy proves impracticable, the department reserves the
				right to make exceptions.
(3) In
				other industry sectors in which collective bargaining is on the basis of an
				individual program, the skilled rate is that rate specified in the bargaining
				agreement. In individual programs not covered by bargaining agreements, the
				skilled rate is that rate paid the greatest number of competent journeyworkers
				in like establishments in the community, or such other rate deemed adequate by
				the department.
Wisconsin Administrative Code › Department of Workforce Development › DWD 295-296 - Apprenticeship › Chapter DWD 295 - Apprenticeship › Section DWD 295.06 - Effect of bargaining agreements

Current through June 24, 2024
(1) Where
				conditions of employment of apprentices are stipulated by collective bargaining
				agreement, the department will be guided by the terms of such agreement
				provided such terms are not in conflict with state statutes or this
				chapter.
(2) The department shall
				similarly be guided by any special provision for veterans, minority persons, or
				women in the standards, apprentice qualifications or operation of the program,
				or in the apprentice contract, which is not otherwise prohibited by law,
				executive order, or authorized regulation.
Wisconsin Administrative Code › Department of Workforce Development › DWD 295-296 - Apprenticeship › Chapter DWD 295 - Apprenticeship › Section DWD 295.10 - Family-owned construction business

Current through June 24, 2024
(1) In this section, "family-owned
				construction business" means a construction business which is owned or a
				majority of whose stock is owned by one person or jointly by 2 persons who are
				related by blood or marriage.
(2)
				An owner of a family-owned construction business may select any of his or her
				sons or daughters or any person necessary to an approved affirmative action
				plan as an apprentice when the person has met the qualification standards for a
				trade and the business has met the qualification standards for training the
				type of apprentice involved.
(3)
				This section may not be used by a family-owned construction business to replace
				an apprentice already registered and assigned to the business.
(4) Where conditions of employment of
				apprentices are stipulated by a collective bargaining agreement, the department
				will be guided in its actions under this section by the terms of the agreement.
				Such stipulated conditions may require that sons and daughters of owners
				receive the same treatment as all other apprenticeship applicants.
The qualification standards referred to in sub. (2) are
					 set by joint apprenticeship committees and the department. Copies are available
					 from the division of apprenticeship and training, P.O. Box 7946, Madison, WI
					 53707.
Wisconsin Administrative Code › Department of Workforce Development › DWD 295-296 - Apprenticeship › Chapter DWD 295 - Apprenticeship › Section DWD 295.15 - Criteria for apprenticeable occupations

Current through June 24, 2024
(1) DUTIES OF THE
				DEPARTMENT.
(a) No apprentice contract or
				program may be approved pursuant to ch. 106, Stats., unless the occupation
				involved has been approved by the department as one suitable as an
				apprenticeable occupation under the criteria provided in this
				section.
(b) The department shall
				maintain a list of approved apprenticeable occupations.
Wisconsin Administrative Code › Department of Workforce Development › DWD 295-296 - Apprenticeship › Chapter DWD 295 - Apprenticeship › Section DWD 295.21 - Deregistration of a registered program

Current through June 24, 2024
(1) TYPES OF
				DEREGISTRATION. Deregistration of a program may be effected upon the voluntary
				action of the sponsor by submitting a request for cancellation of the
				registration in accordance with sub. (2), or upon reasonable cause, by the
				department instituting formal deregistration proceedings in accordance with
				sub. (3).
(2) DEREGISTRATION AT THE
				REQUEST OF THE SPONSOR. The department may cancel the registration of an
				apprenticeship program by written acknowledgement of such request stating all
				of the following:
(a) The registration is
				cancelled at the sponsor's request, and the effective date thereof.
(b) That, within 15 days of the date of the
				acknowledgment, the department shall notify all apprentices of such
				cancellation and the effective date; that such cancellation automatically
				deprives the apprentice of individual registration; that the deregistration of
				the program removes the apprentice from coverage for federal and state purposes
				which require the U. S. secretary of labor's approval of an apprenticeship
				program, and that all apprentices are referred to the department for
				information about potential transfer to other registered apprenticeship
				programs.
Wisconsin Administrative Code › Department of Workforce Development › DWD 295-296 - Apprenticeship › Chapter DWD 295 - Apprenticeship › Section DWD 295.22 - Reinstatement of program registration

Current through June 24, 2024
Any apprenticeship program deregistered under s.
				  DWD
				  295.21 may bereinstated by the department upon
				  presentation to the department of adequate evidence that the apprenticeship
				  program is operating in accordance with this chapter.
Wisconsin Administrative Code › Department of Workforce Development › DWD 295-296 - Apprenticeship › Chapter DWD 295 - Apprenticeship › Section DWD 295.23 - Hearings for deregistration

Current through June 24, 2024
(1) Within 10 days
				of receipt of a request for a hearing, the department shall designate a hearing
				officer to preside over the hearing. The hearing officer shall give reasonable
				notice of such hearing by registered mail, return receipt requested, to the
				appropriate sponsor. The notice shall include all of the following:
(a) A reasonable time and place of
				hearing.
(b) A statement of the
				provisions of this chapter pursuant to which the hearing is to be
				held.
(c) A concise statement of
				the matters pursuant to which the action forming the basis of the hearing is
				proposed to be taken.
Wisconsin Administrative Code › Department of Workforce Development › DWD 295-296 - Apprenticeship › Chapter DWD 295 - Apprenticeship › Section DWD 295.25 - Apprenticeship completion award program

Current through June 24, 2024
(1) DEFINITIONS. In
				this section:
(a) "Sponsor" has the meaning
				given under s.
				106.001(8),
				Stats. Sponsor" does not include a state agency or local governmental
				unit.
(b) "Tuition costs" has the
				meaning given under s.
				106.05(1)
				(b), Stats.
Note:
Examples of costs which are not "tuition
				  costs" include student fees charged for use of a health center, parking fees,
				  or late fees.
Note:
Section
				  106.001(8),
				  Stats., defines "sponsor" as follows:
"Sponsor" means any employer, organization of employees,
				  association of employers, committee, or other person operating an
				  apprenticeship program and in whose name the apprenticeship program is approved
				  by the department.
Note:
Section
				  106.05(1)
				  (b), Stats., defines "tuition costs" as
				  follows:
"Tuition costs" means any fee that is charged for an
				  apprentice to participate in related instruction under s.
				  106.01(6),
				  Stats.
Note:
Section
				  DWD
				  295.001(20), defines "related
				  instruction" as follows:
"Related instruction" means an organized and systematic form
				  of instruction designed to provide the apprentice with the knowledge of the
				  theoretical and technical subjects related to the apprentice's occupation. Such
				  instruction may be given in a classroom, through occupational or industrial
				  courses, or by correspondence courses of equivalent value, electronic media, or
				  other forms of self-study approved by the department.
Wisconsin Administrative Code › Department of Workforce Development › DWD 295-296 - Apprenticeship › Chapter DWD 296 - Federal Equal Employment Opportunity Standards For Apprenticeship Programs › Section DWD 296.03 - Equal opportunity standards applicable to all sponsors

Current through June 24, 2024
(1) DISCRIMINATION
				PROHIBITED. A sponsor of a registered apprenticeship program shall not
				discriminate against an apprentice or applicant for apprenticeship on the basis
				of race, color, religion, national origin, sex, sexual orientation, age (40 or
				older), genetic information, or disability as it relates to any of the
				following:
(a) Recruitment, outreach, and
				selection process.
(b) Hiring,
				placement, upgrading, periodic advancement, promotion, demotion, transfer,
				layoff, termination, right of return from layoff, and rehiring.
(c) Rotation among work processes.
(d) Imposition of penalties or other
				disciplinary action.
(e) Rates of
				pay or any other form of compensation or changes in compensation.
(f) Conditions of work.
(g) Hours of work and hours of training
				provided.
(h) Job
				assignments.
(i) Leaves of absence,
				sick leave, or any other leave.
(j)
				Any other benefit, term, condition, or privilege associated with
				apprenticeship.
Wisconsin Administrative Code › Department of Workforce Development › DWD 295-296 - Apprenticeship › Chapter DWD 296 - Federal Equal Employment Opportunity Standards For Apprenticeship Programs › Section DWD 296.04 - Affirmative action program

Current through June 24, 2024
(1) ADOPTION OF AN
				AFFIRMATIVE ACTION PROGRAM.
(a) A sponsor of a
				registered apprenticeship program shall develop and maintain an affirmative
				action program in a written plan, unless any of the following apply:
1. A sponsor provides satisfactory evidence
				of compliance with an equal opportunity program providing for affirmative
				action in apprenticeship as prescribed in
				29 CFR 30.4(d)
				(2).
2. The registered apprenticeship program has
				fewer than five apprentices, unless such program was adopted to circumvent the
				requirements of this paragraph.
Wisconsin Administrative Code › Department of Workforce Development › DWD 295-296 - Apprenticeship › Chapter DWD 296 - Federal Equal Employment Opportunity Standards For Apprenticeship Programs › Section DWD 296.05 - Utilization analysis for race, sex, and ethnicity

Current through June 24, 2024
(1) UTILIZATION
				ANALYSIS. A utilization analysis provides sponsors with a method for assessing
				whether possible barriers to apprenticeship exist for particular groups of
				individuals by determining whether the race, sex, and ethnicity of apprentices
				in a sponsor's registered apprenticeship program is reflective of individuals
				available for apprenticeship by race, sex, and ethnicity in the relevant
				recruitment area. Where significant disparity exists between availability and
				representation, a sponsor shall be required to establish a utilization goal
				under s.
				DWD
				296.06.
(2) ANALYSIS OF APPRENTICESHIP PROGRAM. A
				sponsor shall analyze the race, sex, and ethnic composition of its apprentice
				workforce. A sponsor shall group all apprentices in their registered
				apprenticeship program by occupation title, then for each occupation
				represented, a sponsor shall identify the race, sex, and ethnicity of its
				apprentices within that occupation.
(3) SCHEDULE OF ANALYSIS. A sponsor shall
				conduct an apprenticeship program workforce analysis at each compliance review
				and again if three years have passed without a compliance review. The updated
				workforce analysis shall be compared to the utilization goal established at the
				sponsor's most recent compliance review to determine if the sponsor is
				underutilized as prescribed under sub. (6).
(4) COMPLIANCE DATE.
(a) An existing sponsor of a registered
				apprenticeship program as of January 18, 2018 shall conduct its first workforce
				analysis under this section no later than 2 years after January 18,
				2018.
(b) A new sponsor registered
				after January 18, 2018 shall conduct its initial workforce analysis under this
				section, no later than 2 years after the date of registration.
Wisconsin Administrative Code › Department of Workforce Development › DWD 295-296 - Apprenticeship › Chapter DWD 296 - Federal Equal Employment Opportunity Standards For Apprenticeship Programs › Section DWD 296.06 - Establishment of utilization goals for race, sex, and ethnicity

Current through June 24, 2024
(1) A sponsor
				required to establish a utilization goal under s.
				DWD
				296.05 for a particular sex, racial group, or ethnic
				group in a major occupation in its registered apprenticeship program, working
				with the department, shall establish a percentage goal at least equal to the
				availability figure under s.
				DWD
				296.05(5), for that major occupation
				group.
(2) A sponsor's
				determination under s.
				DWD
				296.05 that a utilization goal is required does not
				constitute a finding or admission of discrimination.
(3) Utilization goals shall serve as
				objectives or targets reasonably attainable by means of applying every good
				faith effort to make all aspects of the entire affirmative action program work.
				Utilization goals are used to measure the effectiveness of a sponsor's
				outreach, recruitment, and retention efforts. In establishing utilization
				goals, all of the following principles shall be applied:
(a) Utilization goals may not include rigid
				and inflexible quotas that must be met or be considered either a ceiling or a
				floor for the selection of particular groups as apprentices. Quotas are
				expressly forbidden.
(b)
				Utilization goals may not provide a sponsor with a justification to extend a
				preference to any individual, select an individual, or adversely affect an
				individual's status as an apprentice, on the basis of that individual's race,
				sex, or ethnicity.
(c) Utilization
				goals shall not create set-asides for specific groups and are not intended to
				achieve proportional representation or equal results.
(d) Utilization goals may not be used to
				supersede eligibility requirements for apprenticeship. Affirmative action
				programs prescribed in this chapter do not require sponsors to select an
				individual who lacks qualifications to participate in the registered
				apprenticeship program successfully or select a less-qualified person in
				preference to a more qualified one.
Wisconsin Administrative Code › Department of Workforce Development › DWD 295-296 - Apprenticeship › Chapter DWD 296 - Federal Equal Employment Opportunity Standards For Apprenticeship Programs › Section DWD 296.07 - Utilization goals for individuals with disabilities

Current through June 24, 2024
(1) UTILIZATION
				GOAL. The department has established a utilization goal of 7 percent for
				employment of qualified individuals with disabilities as apprentices for each
				major occupation group within each sponsor's registered apprenticeship program.
				The utilization goal established in this subsection shall act as a benchmark
				against which a sponsor shall measure the representation of individuals with
				disabilities in the sponsor's registered apprenticeship program by major
				occupation group. The goal serves as an equal opportunity objective that is
				attainable by complying with all of the affirmative action requirements in this
				chapter.
(2) UTILIZATION ANALYSIS.
				A utilization analysis is designed to evaluate the representation of
				individuals with disabilities in a sponsor's registered apprenticeship program
				grouped by major occupation. If individuals with disabilities are represented
				in a sponsor's registered apprenticeship program in any given major occupation
				at a rate less than the utilization goal of 7 percent, the sponsor shall take
				specific measures prescribed under subs. (6) and (7).
(3) PROCESS. A sponsor shall analyze the
				representation of individuals within their registered apprenticeship program by
				occupation. A sponsor shall group all apprentices according to occupational
				titles represented in a sponsor's registered apprenticeship program. For each
				occupation represented, a sponsor shall identify the number of apprentices with
				disabilities.
(4) SCHEDULE OF
				EVALUATION. A sponsor shall conduct the apprentice workforce analysis at each
				compliance review and again when three years have passed without a compliance
				review. The updated workforce analysis shall be compared to the utilization
				goal established under sub. (1).
(5) COMPLIANCE DATE.
(a) A sponsor with a registered
				apprenticeship program as of January 18, 2018 shall conduct a workforce
				analysis under this section no later than 2 years after January 18,
				2018.
(b) A sponsor registering an
				apprenticeship program after January 18, 2018 shall conduct its initial
				workforce analysis under this section no later than 2 years after the date of
				registration.
Wisconsin Administrative Code › Department of Workforce Development › DWD 295-296 - Apprenticeship › Chapter DWD 296 - Federal Equal Employment Opportunity Standards For Apprenticeship Programs › Section DWD 296.08 - Targeted outreach, recruitment, and retention

Current through June 24, 2024
(1) MINIMUM
				ACTIVITIES REQUIRED. A sponsor that has found underutilization and established
				a utilization goal for a specific group under s.
				DWD
				296.06 or 296.07 shall undertake targeted outreach,
				recruitment, and retention activities that are likely to generate an increase
				in applications for apprenticeship and improve retention of apprentices from
				the targeted group or from individuals with disabilities. A sponsor under this
				section shall conduct all of the following:
(a) In the written affirmative action plan,
				identify the specific targeted outreach, recruitment, and retention activities
				planned for the upcoming program year. These activities shall include all of
				the following:
1. Distribution of information
				to organizations serving the underutilized group regarding the nature of
				apprenticeship, requirements for selection for apprenticeship, availability of
				apprenticeship opportunities, and the equal opportunity pledge of the sponsor.
Note:
Examples of these organizations include
				  community-based organizations, local high schools, local community colleges,
				  local vocational, career, and technical schools, and local workforce system
				  partners including job centers.
2. Advertising openings for apprenticeship
				opportunities by publishing advertisements in appropriate media which have wide
				circulation in the relevant recruitment areas.
3. Cooperating with local school boards and
				the vocational education system to develop or establish relationships with
				pre-apprenticeship programs targeting students from the underutilized group to
				prepare them to meet the standards and criteria required to qualify for entry
				into apprenticeship programs.
4.
				Establishing linkage agreements or partnerships enlisting the assistance and
				support of pre-apprenticeship programs, community-based organizations, advocacy
				organizations, or other appropriate organizations, in recruiting qualified
				individuals for apprenticeship.
Wisconsin Administrative Code › Department of Workforce Development › DWD 295-296 - Apprenticeship › Chapter DWD 296 - Federal Equal Employment Opportunity Standards For Apprenticeship Programs › Section DWD 296.09 - Review of personnel processes

Current through June 24, 2024
(1) ANNUAL REVIEW.
				A sponsor shall engage in an annual review of its personnel processes to ensure
				that the sponsor is operating a registered apprenticeship program free from
				discrimination based on race, color, religion, national origin, sex, sexual
				orientation, age (40 or older), genetic information, and disability. A review
				under this section is required regardless of whether a sponsor is underutilized
				under s.
				DWD
				296.05 and shall include a review of all aspects of
				the registered apprenticeship program at the program, industry, and
				occupational level, and include all of the following:
(a) The qualifications for apprenticeship,
				application, and selection procedures.
(b) Wages.
(c) Outreach and recruitment
				activities.
(d) Advancement
				opportunities.
(e)
				Promotions.
(f) Work
				assignments.
(g) Job
				performance.
(h) Rotations among
				all work processes of the occupation.
(i) Disciplinary actions.
(j) Handling of requests for reasonable
				accommodations.
(k) The program's
				accessibility to individuals with disabilities, including the use of
				information and communication technology.
Wisconsin Administrative Code › Department of Workforce Development › DWD 295-296 - Apprenticeship › Chapter DWD 296 - Federal Equal Employment Opportunity Standards For Apprenticeship Programs › Section DWD 296.10 - Selection of apprentices

Current through June 24, 2024
(1) A sponsor's
				procedures for the selection of apprentices shall be included in the written
				plan for standards of apprenticeship submitted to and approved by the
				department under s.
				DWD
				295.02.
(2) A sponsor may utilize any method, or
				combination of methods, for selection of apprentices if the selection method
				meets the requirements under
				29 CFR
				30.10(b).
29 CFR
					 30.10(b) requires sponsors
					 to utilize any method or combination of methods for selection of apprentices,
					 provided that the selection method used meet the following requirements:
(1) The selection procedures shall comply with the Uniform
					 Guidelines on Employee Selection Procedures (UGESP) in 41 CFR 60.3, including
					 the requirements to evaluate the impact of the selection procedures on race,
					 sex, and ethnic groups (Hispanic/non-Hispanic or Latino) and to demonstrate
					 job-relatedness and business necessity for those procedures that result in
					 adverse impact in accordance with the requirements of UGESP.
(2) The selection procedures shall be uniformly and
					 consistently applied to all applicants and apprentices within each selection
					 procedure utilized.
(3) The selection procedures shall comply with title I of
					 the Americans with Disabilities Act and EEOC's implementing regulations under
					 part 1630. This procedure shall not screen out or tend to screen out an
					 individual with a disability or a class of individuals with disabilities, on
					 the basis of disability, unless the standard, test or other selection criteria,
					 as used by the program sponsor, is shown to be job-related for the position in
					 question and is consistent with business necessity.
(4) The selection procedure shall be facially neutral in
					 terms of race, color, religion, national origin, sex, sexual orientation, age
					 (40 or older), genetic information, and
					 disability.
Wisconsin Administrative Code › Department of Workforce Development › DWD 295-296 - Apprenticeship › Chapter DWD 296 - Federal Equal Employment Opportunity Standards For Apprenticeship Programs › Section DWD 296.12 - Recordkeeping

Current through June 24, 2024
(1) OBLIGATIONS OF SPONSORS. A sponsor shall
				collect data and maintain adequate records necessary for the department to
				determine if a sponsor is complying with the requirements of this chapter. At a
				minimum, records shall include all of the following:
(a) Selection for apprenticeship, including
				applications, tests and test results, interview notes, the bases for selection
				or rejection, and any other records required to be maintained under
				UGESP.
(b) The invitation to
				self-identify as an individual with a disability provided to applicants and
				apprentices under s.
				DWD
				296.11.
(c) Information relating to the operation of
				the registered apprenticeship program, including job assignments in all
				components of the occupation, promotion, demotion, transfer, layoff,
				termination, rates of pay or other forms or compensation, conditions of work,
				hours of work, hours of training provided, and any other personnel records
				relevant to complaints filed with the department under s.
				DWD
				296.14 or filed with other enforcement
				agencies.
(d) Proof of compliance
				with the requirements under s.
				DWD
				296.03.
(e) Requests for reasonable
				accommodations.
(f) Any other
				records pertinent to a determination of compliance with this chapter.