reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Workforce Development › DWD 295-296 - Apprenticeship › Chapter DWD 296 - Federal Equal Employment Opportunity Standards For Apprenticeship Programs › Section DWD 296.13 - Equal employment opportunity compliance review

Current through June 24, 2024
(1) DEPARTMENT
				REVIEW. The department shall conduct EEO compliance reviews to determine if a
				sponsor is in compliance with this chapter regularly, or when circumstances
				warrant a review.
(2) CONDUCT OF
				COMPLIANCE REVIEWS. An EEO compliance review may include any of the following:
(a) A comprehensive analysis and evaluation
				of each aspect of the registered apprenticeship program through off-site
				reviews.
Note:
An example of an off-site review may
				  include desk audits of records submitted to the department.
(b) On-site reviews conducted at the
				sponsor's establishment that may involve examination of records, inspection and
				copying of documents related to recordkeeping requirements, and interviews with
				employees, apprentices, journeyworkers, supervisors, managers, and hiring
				officials.
Wisconsin Administrative Code › Department of Workforce Development › DWD 295-296 - Apprenticeship › Chapter DWD 296 - Federal Equal Employment Opportunity Standards For Apprenticeship Programs › Section DWD 296.14 - Complaints

Current through June 24, 2024
(1) REQUIREMENTS FOR INDIVIDUALS FILING
				COMPLAINTS.
(a) If an applicant or apprentice
				of a registered apprenticeship program believes he or she has been
				discriminated against on the basis of race, color, religion, national origin,
				sex, sexual orientation, age (40 or older), genetic information, or disability
				with regard to apprenticeship, or been retaliated against in violation of s.
				DWD
				296.17, the applicant or apprentice of a registered
				apprenticeship program, or the applicant's or apprentice's authorized
				representative, may file a written complaint with the department.
(b) A complaint under par. (a) shall be filed
				within 300 days of the alleged discrimination or failure to follow the equal
				opportunity standards. The department may extend the filing time for good cause
				shown. The time period for filing is for the administrative convenience of the
				department and does not create a defense for the respondent.
(c) Each complaint filed under par. (a) shall
				be made in writing and contain all of the following information:
1. The applicant's or apprentice of a
				registered apprenticeship program's name, address, and telephone number,
				including best method of contact.
2. All available information to identify the
				respondent including name, address, and telephone number.
3. A short description of the events that the
				applicant or apprentice of a registered apprenticeship program believes are
				discriminatory or a failure to follow equal opportunity standards. The
				description shall include the date and location the events took place, and why
				the applicant or apprentice believes the actions were discriminatory or a
				failure to follow equal opportunity standards.
4. The applicant's or apprentice's signature,
				or the signature of the applicant's or apprentice's authorized
				representative.
Wisconsin Administrative Code › Department of Workforce Development › DWD 295-296 - Apprenticeship › Chapter DWD 296 - Federal Equal Employment Opportunity Standards For Apprenticeship Programs › Section DWD 296.15 - Enforcement actions

Current through June 24, 2024
(1) If the department determines that a
				sponsor is not operating its registered apprenticeship program as specified
				under this chapter because of a compliance review, complaint investigation, or
				other reason, the department shall notify the sponsor in writing and identify
				the specific violations.
(2) The
				department may take enforcement action if a violation under sub. (1) occurs,
				including any of the following:
(a) Offering
				the sponsor technical assistance to promote compliance.
(b)
1.
				Suspending the sponsor's right to register new apprentices if the sponsor fails
				to implement a compliance action plan to correct the violation identified
				within 30 business days from the date the sponsor is notified, or if the
				sponsor submits a written response to the findings of noncompliance and fails
				to implement a compliance action plan within 30 days of receiving the
				department notice upholding the initial noncompliance findings.
2. If a sponsor has not implemented a
				compliance action plan within 30 business days of notification of suspension,
				the department may begin proceedings to deregister the sponsor's registered
				apprenticeship program as prescribed under s.
				DWD
				295.21. If the department does not begin proceedings
				to deregister the sponsor's program under this paragraph within 45 days of the
				start of the suspension, the suspension is lifted.
(c) Taking other action authorized by law
				that may include referral to any of the following:
1. The U.S. equal employment opportunity
				commission.
2. Wisconsin equal
				rights division.
3. The U.S.
				department of labor's office of federal contract compliance programs.
Wisconsin Administrative Code › Department of Workforce Development › DWD 295-296 - Apprenticeship › Chapter DWD 296 - Federal Equal Employment Opportunity Standards For Apprenticeship Programs › Section DWD 296.16 - Appeal procedure

Current through June 24, 2024
A sponsor that is deregistered by the department under s.
				  DWD 296.15(2) (b)
				  2. may request a hearing as prescribed under
				  s.
				  DWD
				  295.23.
Wisconsin Administrative Code › Department of Workforce Development › DWD 295-296 - Apprenticeship › Chapter DWD 296 - Federal Equal Employment Opportunity Standards For Apprenticeship Programs › Section DWD 296.17 - Intimidation and retaliation prohibited

Current through June 24, 2024
(1) An applicant or
				apprentice in a registered apprenticeship program shall not be intimidated,
				threatened, coerced, retaliated against, or discriminated against because the
				individual has done any of the following:
(a)
				Filed a complaint under s.
				DWD
				296.14.
(b) Opposed a practice prohibited by this
				chapter or any other federal or state equal opportunity law.
(c) Furnished information to, assisted or
				participated in any investigation, compliance review, proceeding, or hearing
				under this chapter or any federal or state equal opportunity law.
(d) Exercised any rights and privileges under
				the provisions of this chapter.
Wisconsin Administrative Code › Department of Workforce Development › DWD 295-296 - Apprenticeship › Chapter DWD 296 - Federal Equal Employment Opportunity Standards For Apprenticeship Programs › Section DWD 296.18 - Reinstatement of program registration

Current through June 24, 2024
An apprenticeship program that has been deregistered for
				  failure to comply with this chapter may be reinstated if the sponsor provides
				  evidence to the department that the apprenticeship program is operating as
				  prescribed in this chapter.
Wisconsin Administrative Code › Department of Workforce Development › DWD 295-296 - Apprenticeship › Chapter DWD 296 - Federal Equal Employment Opportunity Standards For Apprenticeship Programs › Section DWD 296.19 - Exemptions

Current through June 24, 2024
A sponsor may request an exemption from any part of this
				  chapter by providing the department with a written statement that identifies
				  the reasons to support the request. With approval from the U.S. department of
				  labor's office of apprenticeship, the department may grant an exemption in
				  writing for good cause.
Wisconsin Administrative Code › Department of Workforce Development › DWD 301 - Migrant Labor › Chapter DWD 301 - Migrant Labor › Section DWD 301.015 - Definitions

Current through June 24, 2024
In this chapter and as applied under ss.
				  103.90 to
				  103.97, Stats:
Note:
For terms that are not used in this
				  chapter, this section includes notes identifying the statutes in which the
				  terms are used.
(1) "Agricultural or
				horticultural commodity" has the meaning given in
				29 CFR
				780.112.
(2) "Applicable wage rate" means the actual
				anticipated straight-time hourly rates that a worker will be paid and any other
				wages, as defined in s.
				109.01 (3),
				Stats., that are payable to the worker.
(3) "Camp operator" means a person who
				maintains a migrant labor camp.
(4)
				"Common use facility" means a structure or area other than sleeping or living
				quarters that is designed for use by occupants who are not members of the same
				family.
(5) "Common use room,
				shower facility, or toilet facility" means a room, toilet facility, or shower
				facility that is designed for use by occupants who are not members of the same
				family.
(6) "Communicable disease"
				means a disease listed in ch. DHS 145 Appendix A.
(7) "Department" means the department of
				workforce development.
(8)
				"Employer" has the meaning given in s.
				103.90 (2),
				Stats.
(9) "Employer's own
				operation" means any farm or other business enterprise wholly owned or managed
				by the employer.
Note:
The above term is used in the definition
				  of "migrant labor contractor" at s.
				  103.90 (4),
				  Stats.
(10) "Employment"
				means the act of having direction and control of any worker, being responsible
				for the wages of a worker, or allowing a worker to perform work for the
				worker's employer.
(11) "Fee or
				other consideration" means money or anything of value or benefit paid or
				promised to be paid for services as a migrant labor contractor.
Note:
The above term is used in the definition
				  of "migrant labor contractor" at s.
				  103.90 (4),
				  Stats.
(12) "Habitable room"
				has the meaning given in s.
				SPS
				320.07 (37).
(13) "Hand labor" means that work that is
				performed by hand or with hand tools in the field.
(14) "Handwashing facility" means a facility
				provided with running water for washing hands, arms, face, and head, including
				lavatories, basins, and sinks, both for cleanliness and for safety
				purposes.
(15) "Immediate family"
				means any of the following:
(a) A
				spouse.
(b) Natural, adopted, or
				foster children; stepchildren; and legal wards.
(c) Natural, foster, or adoptive parents;
				stepparents; and legal guardians.
(d) Brothers, sisters, and half brothers and
				sisters.
(e) Grandparents.
Note:
The above term is used in the definition
				  of "migrant labor contractor" at s.
				  103.90 (4),
				  Stats., and in s.
				  DWD 301.07 (23)
				  (b).
Wisconsin Administrative Code › Department of Workforce Development › DWD 301 - Migrant Labor › Chapter DWD 301 - Migrant Labor › Section DWD 301.02 - Data

Current through June 24, 2024
The department shall submit data and information relative to
				  ss.
				  103.90 to
				  103.97, Stats., and
				  this chapter to the council on migrant labor pursuant to specific requests from
				  the council and through an annual report submitted to the council in
				  January.
Wisconsin Administrative Code › Department of Workforce Development › DWD 301 - Migrant Labor › Chapter DWD 301 - Migrant Labor › Section DWD 301.03 - Forms

Current through June 24, 2024
The department shall issue and make available any forms that
				  are required to comply with this chapter.
All forms issued by the department to comply with this
					 chapter may be obtained at
https://dwd.wisconsin.gov/jobservice/MSFW/forms.htm
or from the Department of Workforce Development, Migrant and Seasonal
					 Farmworker Programs, Dane County Job Service, 1819 Aberg Avenue, Ste. C,
					 Madison, WI 53704. Email address:
					 MSFW@dwd.wisconsin.gov.
Wisconsin Administrative Code › Department of Workforce Development › DWD 301 - Migrant Labor › Chapter DWD 301 - Migrant Labor › Section DWD 301.04 - Complainant confidentiality

Current through June 24, 2024
The department may not disclose the name of a person filing
				  a complaint with the department under s.
				  103.905 (4),
				  Stats., if the person requests that the person's name not be disclosed by the
				  department.
Wisconsin Administrative Code › Department of Workforce Development › DWD 301 - Migrant Labor › Chapter DWD 301 - Migrant Labor › Section DWD 301.05 - Migrant labor contractors

Current through June 24, 2024
(1) CERTIFICATE OF
				REGISTRATION.
(a) A person shall apply
				annually to the department for issuance or renewal of a certificate of
				registration to engage in activities as a migrant labor contractor on a form
				prescribed by the department or on the form used to comply with
				29 USC
				1811(a). The fee for
				issuance or renewal of the certificate of registration shall be $100.
Note:
Section
				  103.91 (1),
				  Stats., prohibits a person from engaging in activities as a migrant labor
				  contractor unless the person obtains a certificate of registration from the
				  department. Section 103.91 (3),
				  Stats., requires a certificate to be renewed annually.
(b) The department shall review and make a
				determination on a person's application under par. (a) within 20 working days
				after the application is received. The department may extend the time period
				for making a determination in order to determine whether s.
				103.91 (4) (b), (c), or
				(d), Stats., applies to the person.
Note:
Sections
				  103.91 (4) (b), (c), and
				  (d), Stats., specify the circumstances for
				  denying, suspending, revoking, or not renewing a certificate of registration to
				  engage in activities as a migrant labor contractor based on delinquencies in
				  child or family support, taxes, or unemployment insurance
				  contributions.
(c) If the
				department refuses to issue a certificate of registration to engage in migrant
				labor contractor activities to a person or suspends, revokes, or refuses to
				renew a person's certificate of registration to engage in migrant labor
				contractor activities, the person may, within 20 days of the date of the
				refusal, suspension, or revocation, file a written request for a hearing under
				s.
				DWD
				301.135. The request shall specify the grounds for the
				review and the relief sought.
Wisconsin Administrative Code › Department of Workforce Development › DWD 301 - Migrant Labor › Chapter DWD 301 - Migrant Labor › Section DWD 301.06 - Work agreements and written disclosures

Current through June 24, 2024
(1) A single work
				agreement for a family may be used only when all of the terms and conditions of
				employment are substantially similar for all working family members.
(1e) A work agreement and written recruiting
				disclosure statement shall include all of the following:
Note:
Section
				  103.915 (1)
				  (a), Stats., requires that a migrant worker
				  be provided with a written recruiting disclosure statement containing the
				  information required in a work agreement at the time of the worker's
				  recruitment.
(a) A description of
				cooking, bathing, laundry, and toilet facilities.
(b) A statement of the maximum number of
				persons to be accommodated in the following:
1. If the work agreement is for employment of
				a single person, the sleeping area to which the person will be
				assigned.
2. If the work agreement
				is for employment of a family, the housing unit to which the family will be
				assigned.
(c) The
				positions related to planting, cultivating, raising, harvesting, handling,
				drying, packing, packaging, processing, freezing, grading, or storing any
				agricultural or horticultural commodity in its unmanufactured state.
(d) Transportation costs, if any, paid by the
				worker.
(e) If the employer
				provides transportation for the worker, the specific mode of transportation,
				including the type of vehicle used.
(f) If the employer makes a payroll deduction
				for a travel or subsistence advance, the rate of the deduction.
Wisconsin Administrative Code › Department of Workforce Development › DWD 301 - Migrant Labor › Chapter DWD 301 - Migrant Labor › Section DWD 301.07 - Migrant labor camps

Current through June 24, 2024
(1) APPLICATION.
(a) The application fee for operating a
				migrant labor camp shall be $50, plus the cost of water sampling and testing
				under sub. (9) (e). Issuance of a certificate to operate will be contingent on
				the camp satisfying the minimum standards of this chapter. The application fee
				for a registration after March 31 shall be $100, plus the cost of water
				sampling and testing under sub. (9) (e). The department shall review and make a
				determination on an application under this subsection within 130 working days
				after the application is received and within 20 working days after the camp has
				been inspected. The department shall schedule each inspection promptly, taking
				into consideration seasonal conditions and the employer's schedule for the use
				of the camp. If 3 or more inspection visits are needed to certify, the
				department shall charge an additional fee of $300 for the third inspection and
				$500 for the fourth inspection and each subsequent inspection.
(b) A camp operator shall file a separate
				application for a certificate to operate a migrant labor camp for each separate
				migrant labor camp that the camp operator maintains. In determining whether
				certain facilities constitute 2 or more separate migrant labor camps, the
				department shall consider the distance separating the housing units and whether
				or not there are shared facilities for the use of the people residing in the
				housing units.
(c) The department
				shall not conduct any inspection for an applicant under this subsection until
				the application fee has been paid and the application has been filed.
(d) The department shall charge a fee of $100
				for each partial inspection that is requested. A partial inspection is not an
				additional inspection visit under par. (a).
(e) A visit to a migrant labor camp that is
				solely for the purpose of obtaining a water sample for testing is not an
				additional inspection visit under par. (a).
(f) If the only purpose for an additional
				inspection visit is to verify that specified corrections have been made, the
				department may instead accept a letter from the camp operator which verifies
				that the corrections have been made.
Wisconsin Administrative Code › Department of Workforce Development › DWD 301 - Migrant Labor › Chapter DWD 301 - Migrant Labor › Section DWD 301.075 - Disease and illness prevention and control

Current through June 24, 2024
(1) Camp operators,
				employers, and migrant labor contractors shall comply with s.
				252.05 (3),
				Stats., and, upon identification of a migrant worker's case or suspected case
				of a communicable disease, make a report to a local health officer as required
				under s.
				DHS 145.04
				(3).
Note:
An explanation of the communicable disease
				  reporting requirements under s.
				  DHS 145.04
				  (3) is available at
https://www.dhs.wisconsin.gov/disease/reporting.htm
.
(2) A camp operator shall do all of the
				following:
(a) Report to a local health
				officer a migrant worker's case of suspected food poisoning or an unusual
				prevalence in a migrant labor camp of any illness in which fever, diarrhea,
				sore throat, vomiting, jaundice, productive cough, weight loss, runny nose, eye
				irritation, body aches, fatigue, headache, or shortness of breath is a
				prominent symptom.
(b) Prohibit any
				individual with a communicable disease from preparing, cooking, serving, or
				handling food, foodstuffs, or materials in any kitchen or dining room operated
				in connection with a migrant labor camp or regularly used by
				occupants.
(c) Provide written
				procedures for the temporary isolation of sick or injured occupants, including
				procedures for ensuring that, when required, space is available for the
				temporary isolation, which may include rooms in hotels, motels, or tourist
				rooming houses that are licensed under s.
				ATCP
				72.04.
(d)
				Suitably isolate any person reasonably suspected of having a communicable
				disease for the amount of time recommended by public health
				authorities.
Wisconsin Administrative Code › Department of Workforce Development › DWD 301 - Migrant Labor › Chapter DWD 301 - Migrant Labor › Section DWD 301.08 - Wages

Current through June 24, 2024
(1) For purposes of s.
				103.93 (1) (a),
				Stats., payment of wages by check or draft includes payment by direct deposit.
				Checks or drafts shall be made payable to the order of individual workers for
				whom payment is being made.
Note:
Section
				  103.91 (1) (a),
				  Stats., requires wage to be paid in U.S. currency or by check or
				  draft.
(2) For purposes of
				s. 103.93 (1) (b),
				Stats., "termination of the period of employment for which the worker was
				employed" includes termination by either party for whatever reason.
Note:
Section
				  103.93 (1) (b),
				  Stats., generally requires every employer to pay in full all wages due any
				  migrant worker within 3 days after the termination of the period of employment
				  for which the worker was employed. Section
				  103.915 (5),
				  Stats., provides for an exception to this requirement.
(3) Partial payment under s.
				103.93 (1) (b),
				Stats., is prohibited unless the employer is unable to determine the amount of
				piece rate wages owed a worker because of a lack of confirmation from a
				processor buyer.
(4) Any additional
				wages due a worker under s.
				103.92 (1) (b),
				Stats., shall be paid within 2 days after such wages are determined.
(5)
(a)
				Every employer shall furnish to each migrant worker an individual wage
				statement for each pay period at the time of payment. A wage statement may not
				combine information on wages earned by multiple members of a family. Wage
				statements shall show the amount of gross and net wages paid by the employer to
				the worker, the number of hours worked, and the amount of and reason for each
				deduction from the wages of the worker. A reasonable coding system may be used
				by an employer.
(b) If an employer
				electronically furnishes a migrant worker an individual wage statement under
				par. (a), the employer shall furnish a paper copy of the statement to the
				migrant worker upon the migrant worker's request.
Wisconsin Administrative Code › Department of Workforce Development › DWD 301 - Migrant Labor › Chapter DWD 301 - Migrant Labor › Section DWD 301.09 - Field sanitation standards

Current through June 24, 2024
In operations where 6 or more migrant workers are engaged in
				  hand labor, the employer shall meet the requirements of subs. (1) to (5)
				  without cost to the worker.
(1)
				TOILET FACILITIES. Toilet facilities shall be provided in the ratio of one
				facility per every 20 workers, regardless of gender, located within 1/4 mile of
				each employee's work place in the field or, if not feasible, at the closest
				vehicular access. Toilet facilities shall have doors than can be closed and
				latched from the inside.
(2)
				HANDWASHING FACILITIES.
(a) Handwashing
				facilities shall be provided in the ratio of one facility per every 20 workers,
				regardless of gender, located within 1/4 mile of each employee's work place in
				the field, or if not feasible, at the closest vehicular access.
(b) The department may authorize the
				substitution of prepackaged towelettes for handwashing facilities when such a
				variation is necessary to prevent a practical difficulty or unnecessary
				hardship and the substitution does not compromise the health and safety of the
				worker.
(c) Written application for
				a variance under par. (b) shall be filed with the department on a form
				prescribed by the department. A variance shall not be effective until granted
				in writing by the department.
Wisconsin Administrative Code › Department of Workforce Development › DWD 301 - Migrant Labor › Chapter DWD 301 - Migrant Labor › Section DWD 301.09 - Field sanitation standards

Current through June 24, 2024
(1m) OPERATIONS
				WITH 6 OR MORE MIGRANT WORKERS.
(a)
Applicability.
This subsection applies to operations where 6
				or more migrant workers are engaged in hand labor.
(b)
Toilet facilities.
Toilet facilities shall be provided in the ratio of one facility per every 20
				workers engaged in hand labor, regardless of gender, and located within
				one-fourth mile of each worker's work place in the field or, if not feasible,
				at the closest vehicular access to the work place. Toilet facilities shall have
				doors than can be closed and latched from the inside.
(c)
Handwashing facilities.
Handwashing facilities shall be provided in the ratio of one facility per every
				20 workers engaged in hand labor, regardless of gender, and located within
				one-fourth mile of each worker's work place in the field, or if not feasible,
				at the closest vehicular access to the work place.
(d)
Maintenance.
1. Toilet and handwashing facilities required
				under this subsection shall be clean and sanitary and the toilet facilities
				shall be provided with an adequate supply of toilet paper.
2. Disposal of wastes from facilities serving
				workers engaged in hand labor shall not cause unsanitary conditions.
Wisconsin Administrative Code › Department of Workforce Development › DWD 301 - Migrant Labor › Chapter DWD 301 - Migrant Labor › Section DWD 301.135 - Hearings

Current through June 24, 2024
(1) A person shall serve a written request
				for a hearing under s.
				DWD 301.05 (1)
				(c),
				301.07 (1)
				(aw), or
				301.13
				(5) on the department by personal delivery or
				certified mail to the office of the secretary of the department.
Note:
For personal delivery, the office of
				  secretary is located at 201 East Washington Avenue, Madison, Wisconsin 53703.
				  For certified mail, the mailing address of the office of secretary is P.O. Box
				  7946, Madison, Wisconsin 53707.
(2) 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 the hearing by
				registered mail, return receipt requested, to the department and the person
				requesting the hearing. 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 or ss.
				103.90 to
				103.97, Stats., that are the
				basis of the action to be contested at the hearing.
Wisconsin Administrative Code › Department of Workforce Development › DWD 301 - Migrant Labor › Chapter DWD 301 - Migrant Labor › Section DWD 301.13 - Violation penalty fees

Current through June 24, 2024
(1) PURPOSE. This section applies to
				post-occupancy inspections of migrant labor camps and other situations in which
				the department determines that a violation of ss.
				103.90 to
				103.97, Stats., or this chapter
				has taken place. The intent of this section is to supplement the system of
				enforcement under s. 103.97, Stats., that is based on
				citations taken to court with a system based on administrative assessment of
				penalty fees. A system based on administrative assessment of penalty fees
				enables the department to focus on violations that are serious and base the
				size of the fee on the degree of danger created by the violation.
(2) ISSUANCE. Subject to sub. (3), the
				department may issue a penalty fee assessment for a violation of ss.
				103.90 to
				103.97, Stats., or this chapter
				that is not corrected within a correction period specified in s.
				103.965 (1),
				Stats.
Note:
Section
				  103.965 (1),
				  Stats., provides that in most cases there is a correction period for
				  violations: "
Except as provided in [s.103.965
				  (2), Stats.], if the department determines
				  that any person has violated ss.
				  103.90 to
				  103.97 the person shall have a
				  reasonable time, not to exceed 15 days from the day he or she receives notice
				  of the violation, to correct the violation. If the violation is corrected
				  within that period, no penalty may be imposed under s.
				  103.97."
Section
				  103.965 (2),
				  Stats., specifies violations for which there is no correction
				  period.
(3) SEVERITY OF
				RISK. Violations of ss.
				103.90 to
				103.97, Stats., and this chapter
				shall be rated on a severity scale of high, medium, and low. A high severity
				violation may result in a penalty fee assessment of no more than $1,000.00. A
				medium severity violation may result in a penalty fee assessment of no more
				than $500.00. A low severity violation may result in a penalty fee assessment
				of no more than $250.00.
(5)
				ADMINISTRATIVE REVIEW. Any person who wishes to contest the issuance of a
				penalty fee assessment under sub. (2) may, within 30 days after the date of the
				issuance, file a written request for hearing under s.
				DWD
				301.135.
Wisconsin Administrative Code › Department of Workforce Development › DWD 301 - Migrant Labor › Chapter DWD 301 - Migrant Labor › Section DWD 301.14 - Posting of migrant worker rights

Current through June 24, 2024
A summary of the provisions of this chapter shall be posted
				  in a conspicuous place in all migrant labor camps or where the occupants report
				  for work in a place easily seen by the occupants. The posting shall be on a
				  form prescribed by the department and shall be in English and in the language
				  of the occupants if other than English.
The required posting may be obtained at
https://dwd.wisconsin.gov/jobservice/MSFW/forms.htm
or from the Department of Workforce Development, Migrant and Seasonal
					 Farmworker Programs, Dane County Job Service, 1819 Aberg Avenue, Ste. C,
					 Madison, WI 53704. Email address: MSFW@dwd.wisconsin.gov. For other posting
					 requirements, see ss.
					 DWD 301.07 (1)
					 (g) (certificate to operate migrant labor
					 camp), 301.07 (8) (f) 3. (pesticide application notice), 301.07 (22) (a)
					 (migrant labor camp's occupancy and care rules), 301.07 (22) (b) 4. (name of
					 employee or other individual responsible for complying with s.
					 DWD 301.07 (22)
					 (b)), and 301.07 (24) (copy of s.
					 DWD
					 301.07 rules). In addition, the posting requirement
					 for nitrate maximum contaminant levels under s.
					 NR 809.11 (3)
					 (b) applies to a camp operator who is
					 required under s.
					 DWD 307.07 (9)
					 (ar) 2. to demonstrate that the requirements
					 of s.
					 NR 809.11 (3) (a) to
					 (e) are
					 satisfied.
Wisconsin Administrative Code › Department of Workforce Development › DWD 801-810 - Employment and Training › Chapter DWD 801 - Wisconsin Fast Forward Workforce Training Grants › Section DWD 801.01 - Authority and purpose

Current through June 24, 2024
This chapter is created to establish the rules that shall
				  govern the administration and granting of funds for the training of unemployed
				  and underemployed workers and incumbent employees in this state, as authorized
				  under s. 106.27(1),
				  Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 801-810 - Employment and Training › Chapter DWD 801 - Wisconsin Fast Forward Workforce Training Grants › Section DWD 801.02 - Applicability

Current through June 24, 2024
This chapter applies to the department, to applicants for
				  grants awarded by the department, and to public and private organizations that
				  are awarded grants by the department, all in connection with workforce training
				  grants applied for and awarded under s.
				  106.27(1),
				  Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 801-810 - Employment and Training › Chapter DWD 801 - Wisconsin Fast Forward Workforce Training Grants › Section DWD 801.03 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Administrative costs" means costs associated with a grantee's general
				administration of a grant, such as office supplies and the wages and benefits
				of staff who perform functions related to the administration of the grant but
				who do not directly carry out the grant's objectives or activities.
(2) "Applicant" means a public or private
				organization that applies for a grant from the department for the development
				or implementation of a project.
(3)
				"Capital equipment" means equipment having a value greater than $5000 and a
				useful life of more than one year.
(4) "Department" means the department of
				workforce development.
(8) "Grant"
				means a contract between the department and a grantee whereby the department
				provides funds from the appropriation under s.
				20.445(1) (b),
				Stats., for the purposes specified in s.
				106.27(1),
				Stats.
(9) "Grantee" means a public
				or private organization receiving a grant from the department, except that if a
				lead public or private organization serves as the applicant for a consortium of
				placement partners under s. DWD 801.05 (1) (c), "grantee" means the lead public
				or private organization and not the placement partners.
(10) "Grant Program Announcement" or "GPA"
				means a document describing a grant program that includes all of the following:
(a) Solicitation of applications for grants
				that specifies who may apply and establishes application procedures, including
				requirements for demonstrating eligibility under s. DWD 801.04.
(b) Criteria for awarding grants.
(c) Conditions and restrictions that
				accompany grants, including any outcomes the grantee must achieve under the
				grant program and any matching funds required by the grantee under s.
				106.27(1)
				(intro.), Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 801-810 - Employment and Training › Chapter DWD 801 - Wisconsin Fast Forward Workforce Training Grants › Section DWD 801.04 - Eligibility

Current through June 24, 2024
(1) ELIGIBLE APPLICANTS. Any public or
				private organization that is current on all federal and state tax obligations,
				is in compliance with applicable federal and state laws and regulations, and is
				financially viable is eligible to receive grant funds.
(2) ELIGIBLE PROJECTS. A project is eligible
				to receive grant funds if its proposal demonstrates that the project will do
				all of the following:
(a) Train unemployed
				workers, underemployed workers, incumbent employees, or any combination of
				unemployed workers, underemployed workers, or incumbent employees.
(b) Achieve the outcomes required by the GPA,
				which may include improving employment, reducing layoffs, and increasing
				overall employment in the state by improving unemployed and underemployed
				workers' and incumbent employees' skills to better match employers'
				needs.
Wisconsin Administrative Code › Department of Workforce Development › DWD 801-810 - Employment and Training › Chapter DWD 801 - Wisconsin Fast Forward Workforce Training Grants › Section DWD 801.05 - Application

Current through June 24, 2024
(1) WHO MAY APPLY. An applicant may be any of
				the following:
(a) A public
				organization.
(b) A private
				organization.
(c) A consortium of
				placement partners with a lead public or private organization serving as the
				applicant.
Wisconsin Administrative Code › Department of Workforce Development › DWD 801-810 - Employment and Training › Chapter DWD 801 - Wisconsin Fast Forward Workforce Training Grants › Section DWD 801.06 - Grant awards

Current through June 24, 2024
(1) MAKING AWARDS. Except as provided in sub.
				(2), for each GPA, the department shall award a grant to the applicant with the
				highest numerical score under s. DWD 801.05 (6).
(2) EXCEPTIONS. In reviewing a grant
				application, the department may do any of the following:
(a) Reject any application which fails to
				meet the content specifications under s. DWD 801.05 (4). Rejection of an
				application for failure to meet the content specifications under s. DWD 801.05
				(4) is not subject to administrative review.
(b) Negotiate the amount of an award,
				authorized budget items, and programmatic goals and objectives before awarding
				a grant to an applicant.
(c)
				Consider additional factors, including underserved populations, strategic
				priorities, past performance, underserved geographic areas, potential to
				replicate the project, cost per trainee, and available funding.
Wisconsin Administrative Code › Department of Workforce Development › DWD 801-810 - Employment and Training › Chapter DWD 801 - Wisconsin Fast Forward Workforce Training Grants › Section DWD 801.07 - Restrictions

Current through June 24, 2024
(1) PROHIBITED USE OF FUNDS. Grant funds
				shall be used only for the payment or reimbursement of expenses which are
				allowable under s. DWD 801.09, reasonable, necessary, and properly assignable
				to the purposes of an approved grant. Any other use of grant funds is
				prohibited.
(2) VIOLATION OF
				PROHIBITED ACTIVITIES. If a grantee uses grant funds for prohibited activities
				under sub. (1), the department may terminate the grant and recover funds
				previously paid to the grantee under the grant.
(4) OWNERSHIP OF CURRICULUM. Curriculum
				developed for a project using grant funds is owned by the department. Subject
				to any conditions established by the grant, any of the following may make
				future use of the curriculum:
(a) The
				grantee.
(b) Any placement partner
				that is part of a consortium for which an application is made under s. DWD
				801.05 (1) (c).
Wisconsin Administrative Code › Department of Workforce Development › DWD 801-810 - Employment and Training › Chapter DWD 801 - Wisconsin Fast Forward Workforce Training Grants › Section DWD 801.08 - Match requirement

Current through June 24, 2024
Match contributions determined by the department under s.
				  106.27(1)
				  (intro.), Stats., are subject to all of the following criteria:
(1) The match contributions shall be from
				private funds or from public funds specifically authorized by federal or state
				law to satisfy the matching requirements.
(2) The match contributions may not be used
				to satisfy any other state or federal matching requirements.
(3) The match contributions shall be made
				during the required matching period identified in the GPA and the
				grant.
(5) Trainee wages, stipends,
				and fringe benefits may be considered as match contributions.
(6) In-kind contributions may be accepted as
				part of the match contribution if the grantee provides the basis for valuing
				the contribution.
(7) The GPA or
				the grant may identify additional match conditions based on the specific nature
				of the proposal or grant.
Wisconsin Administrative Code › Department of Workforce Development › DWD 801-810 - Employment and Training › Chapter DWD 801 - Wisconsin Fast Forward Workforce Training Grants › Section DWD 801.09 - Use of grant funds

Current through June 24, 2024
(1) ALLOWABLE USES. A grantee may use grant
				funds received under this chapter for any of the following:
(a) Developing or implementing curriculum for
				projects that are designed to do any of the following:
1. Increase the skills of unemployed workers
				to meet the needs of one or more employers.
2. Increase the skills of underemployed
				workers to a level which would qualify the workers for employment at the
				current employer or a new employer with higher wages, more hours, or increased
				functionality.
3. Increase the
				skills of incumbent employees to a level which would qualify the employees for
				employment at the current employer with higher wages, more hours, or increased
				functionality.
Wisconsin Administrative Code › Department of Workforce Development › DWD 801-810 - Employment and Training › Chapter DWD 801 - Wisconsin Fast Forward Workforce Training Grants › Section DWD 801.10 - Amount of grants

Current through June 24, 2024
(1m) Subject to subs. (3) and (4), the amount
				of a grant shall be based on the following:
(a) The amount requested by the applicant and
				approved by the department.
(b) The
				amount of match contributions by the applicant under s. DWD 801.08 that are
				approved by the department.
Wisconsin Administrative Code › Department of Workforce Development › DWD 801-810 - Employment and Training › Chapter DWD 801 - Wisconsin Fast Forward Workforce Training Grants › Section DWD 801.11 - Reporting requirements

Current through June 24, 2024
(1) A grantee shall submit to the department
				data and information on the use and effect of the grant funds as specified in
				this section and in any grant guidelines issued under s. DWD 801.05 (3) (d).
				The grantee shall authorize the department to audit and inspect its records and
				to use business data for administrative purposes.
(2) A grantee shall submit quarterly Bureau
				of Labor Statistics multiple worksite survey forms.
(3) As specified in a grant, a grantee shall
				report all of the following:
(a) The O*NET
				occupation code for each trainee.
(b) The actual employer worksite location of
				each trainee after the completion of the training.
(c) The number of trainees initially enrolled
				in the project, identified by social security number and status at the time of
				enrollment as an unemployed worker, an underemployed worker, or an incumbent
				employee.
(d) For each trainee who
				is employed at the time of enrollment, whether the trainee is an employee of
				one of the placement partners and the hourly wage of the trainee.
(e) For each trainee who is an unemployed
				worker at the time of enrollment, whether the trainee has obtained employment
				during the training, or within a specified time period after successful
				completion of the training, whether the employment obtained is with one of the
				placement partners, and the hourly wages of the newly employed
				worker.
(f) The number of trainees,
				identified by social security number, that successfully complete the training,
				and the status of the trainees at the completion of the project as an
				unemployed worker, underemployed worker, or incumbent employee.
(g) For each trainee who was an underemployed
				worker at the time of enrollment, whether the trainee has obtained new
				employment, whether any new employment is with a placement partner, and whether
				the new employment has provided an increased wage or increased hours of
				work.
(h) Such other information as
				may be required by the department.
Wisconsin Administrative Code › Department of Workforce Development › DWD 801-810 - Employment and Training › Chapter DWD 801 - Wisconsin Fast Forward Workforce Training Grants › Section DWD 801.12 - Assurances and certifications

Current through June 24, 2024
Each grantee shall assure and certify that the grantee and
				  its contractors are in compliance with all of the following:
(1) AUTHORITY TO SIGN AND ACCEPT FUNDS. The
				grantee shall certify that the designated signatory official has the authority
				to sign on behalf of the grantee and has the authority to accept
				funds.
(2) COMPLIANCE STATEMENT.
				The grantee shall provide a statement that it is in compliance with applicable
				state and federal laws, rules, and regulations, including tax laws, the
				unemployment insurance and worker's compensation laws, the requirements of this
				chapter, and the GPA.
(3)
				NONDISCRIMINATION AND EQUAL OPPORTUNITY. In accordance with s.
				16.765, Stats., the grantee may
				not discriminate in violation of state or federal law and shall follow equal
				employment opportunity practices in the administration and delivery of project
				services and benefits to eligible applicants and participants.
(4) ADEQUATE AND DOCUMENTED SYSTEMS. The
				grantee shall have adequate and documented administrative, personnel,
				financial, and project management systems, including the policies, procedures,
				and controls necessary to ensure effective and efficient use of funds and
				reporting of how funds are used for the delivery of projects.
Wisconsin Administrative Code › Department of Workforce Development › DWD 801-810 - Employment and Training › Chapter DWD 801 - Wisconsin Fast Forward Workforce Training Grants › Section DWD 801.13 - Grant Administration

Current through June 24, 2024
(1) GRANT RECORDS. A grantee shall maintain
				grant records and provide access to the records when requested by the
				department.
(2) RETENTION. A
				grantee shall retain grant records for at least three years after the
				conclusion of the grant.
(3)
				INVOICES. A grantee shall submit invoices for reimbursement in accordance with
				procedures established by the department.
(4) MONITORING AND AUDITS. A grantee shall
				cooperate with any monitoring and auditing activities of the department related
				to the grant activities or grant expenditures, including providing the
				department with any requested records or information and, at the request of the
				department, appearing before the department to respond to any questions about
				the grant activities or grant expenditures.
Wisconsin Administrative Code › Department of Workforce Development › DWD 801-810 - Employment and Training › Chapter DWD 802 - Technical Education Equipment Grants › Section DWD 802.01 - Authority and purpose

Current through June 24, 2024
This chapter is created to establish the rules for
				  administering and awarding technical education equipment grants to school
				  districts in this state, as authorized under s.
				  106.275,
				  Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 801-810 - Employment and Training › Chapter DWD 802 - Technical Education Equipment Grants › Section DWD 802.02 - Applicability

Current through June 24, 2024
This chapter applies to the department, applicants for
				  grants, and school districts in this state that are awarded grants for
				  technical education equipment under s.
				  106.275,
				  Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 801-810 - Employment and Training › Chapter DWD 802 - Technical Education Equipment Grants › Section DWD 802.03 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Applicant" means a school district in this state that applies to the
				department for a grant.
(2)
				"Department" means the department of workforce development.
(3) "Grant" means an agreement between the
				department and the grantee whereby the department provides funds from the
				appropriation under s.
				20.445(1)
				(cg), Stats., for the purposes specified in
				s.
				106.275(1)
				(b), Stats.
(4) "Grantee" means a school district awarded
				a grant by the department.
(5)
				"Grant program announcement" or "GPA" means a document that describes the grant
				program under this chapter, invites applications for a grant, specifies who may
				apply, establishes application procedures, specifies how the department will
				evaluate applications based on the criteria for awarding the grants, and
				establishes conditions and restrictions that accompany grants.