reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 277 - Private Employment Agents Required To Be Licensed Under ch. 105, Stats › Section DWD 277.07 - Licenses withheld, suspended, or revoked

Current through June 24, 2024
(1) The license may
				be withheld, suspended, or revoked by the department if the applicant for a
				license or licensee fails to meet the requirements of ch. 105, Stats., or ch.
				DWD 277.
(2) The license may be
				withheld, suspended, or revoked by the department if the licensee fails to meet
				the requirements of the Wisconsin fair employment law, ss.
				111.31 to
				111.395, Stats.,
				Wisconsin labor standards laws applying to the payment of minimum wage, ch. DWD
				272, overtime, ch. DWD 274, and complying with the wage payment and collection
				law, ch. 109, Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 277 - Private Employment Agents Required To Be Licensed Under ch. 105, Stats › Section DWD 277.08 - Moving place of business

Current through June 24, 2024
(1) No agent shall
				open, conduct or maintain an office at any place of business other than that
				approved by the department.
(2) A
				place of business shall not be moved unless the agent first obtains the written
				consent of the department.
(3) No
				branch office or additional place of business shall be opened without the prior
				approval of the department.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 277 - Private Employment Agents Required To Be Licensed Under ch. 105, Stats › Section DWD 277.09 - Classifications, fee schedules, and other requirements

Current through June 24, 2024
(1) CLASSIFICATIONS
				OF LICENSES.
(a)
Class I
				applicant-paid fee agencies.
A class I license is for agencies which
				charge and collect a fee from the applicant for securing work for persons in
				the following positions:
1.
				Administrative
2.
				Clerical
3. Commercial
4. Executive
5. Professional
6. Sales
7. Technical
8. Domestic, household employer, unskilled or
				untrained
9. Industrial worker or
				mechanic, skilled or unskilled.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 277 - Private Employment Agents Required To Be Licensed Under ch. 105, Stats › Section DWD 277.10 - Receipts, refunds, and other contractual provisions applicable to all classes

Current through June 24, 2024
(1) The agency shall give every person from
				whom a fee is received for services rendered a receipt which shall include:
(a) Name of the person paying the
				fee.
(b) Amount of the
				fee.
(c) Date of payment of the
				fee.
(d) Balance due, if
				any.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 277 - Private Employment Agents Required To Be Licensed Under ch. 105, Stats › Section DWD 277.11 - Orders from employers

Current through June 24, 2024
No employment agent shall refer an employee to employment
				  without having obtained either orally or in writing authorization therefor, and
				  if no employment of the kind specified by the employment agent existed at the
				  place to which such employee was directed or if no other employment in
				  substitution thereof is accepted by the employee, the agent shall within 24
				  hours of demand refund to the employee any sums paid by the employee for
				  transportation in going to and returning from such place.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 277 - Private Employment Agents Required To Be Licensed Under ch. 105, Stats › Section DWD 277.13 - Applicant travel expense

Current through June 24, 2024
The employment agent shall clearly advise the applicant who
				  is liable for all necessary expenses incurred by the applicant when referred to
				  a position outside the city where the agent is located. Failure by the agent to
				  advise the applicant either verbally or in writing who is responsible for the
				  expenses shall result in the employment agent being liable for the expenses
				  incurred.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 277 - Private Employment Agents Required To Be Licensed Under ch. 105, Stats › Section DWD 277.14 - Records to be kept

Current through June 24, 2024
For the purpose of this chapter, each employment agency shall
				  keep, in the English language, for at least 2 years, the following
				  records:
(1) A record of all
				applications for employment showing the name and address of the
				applicant.
(2) A record of all
				persons referred to employers, the date of referral, whether they are hired or
				not.
(3) A record of all job orders
				for employees received from employers. Such job orders shall be numbered
				consecutively and shall show the name and address of the employer, the name and
				position of the person placing the order, the kind of employee requested, the
				nature of the employment, the salary or wages to be paid and the duration of
				the job.
(4) A record of all
				payments to the agency of any and all placement fees received and refunded.
				Each record shall show the date of each transaction, the name of the person
				making the remittance, the amount paid, a duplicate receipt, and the date and
				amount of any refund.
(5) A record
				of jobs advertised correlated to show date and publication in which the ad
				appeared and the job order number of each job advertised.
(6) A record of fee agreement negotiations
				showing the amount to be paid by each party.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 277 - Private Employment Agents Required To Be Licensed Under ch. 105, Stats › Section DWD 277.15 - Applicant-paid fee agents

Current through June 24, 2024
(1) All
				advertising, including newspaper ads, informational flyers, and bulletins,
				shall contain the name of the employment agency and a statement that the agency
				is a "licensed employment agent."
(2) Advertisements for positions located in
				communities other than that in which the employment agency is located shall
				clearly indicate that fact for each position advertised may require geographic
				relocation.
(3) Positions listed in
				the "Help Wanted" columns of newspapers or other media shall refer to bona fide
				openings available at the time that the advertisement or copy is given to the
				publisher.
(4) When an agent
				operates separate divisions within the agency and the separate divisions are
				operated under different names than the licensed agent, then all advertising
				shall contain the name of the licensed agent and the fact that the agent is
				licensed.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 277 - Private Employment Agents Required To Be Licensed Under ch. 105, Stats › Section DWD 277.16 - Inducing discharge or termination of employment

Current through June 24, 2024
No employment agent shall persuade, induce or procure, or
				  attempt to persuade, induce, or procure any employer or agent of any employer
				  to discharge any employee.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 277 - Private Employment Agents Required To Be Licensed Under ch. 105, Stats › Section DWD 277.18 - Posting of license, fee schedule, and rules

Current through June 24, 2024
(1) The license
				shall be posted in a conspicuous place in the main room of the
				agency.
(2) The name of the agency
				and the fact that he is licensed shall be posted on or near the main entrance
				door of the agency.
(3) All
				stationery, contracts, and fee schedules shall contain the name of the
				employment agency and a statement that the agency is a "licensed employment
				agent."
(4) A copy of ch. 105,
				Stats., and ch. DWD 277 shall be posted or made readily available to visitors
				in the main room of the agency.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 277 - Private Employment Agents Required To Be Licensed Under ch. 105, Stats › Section DWD 277.19 - Notice to home care consumers and workers

Current through June 24, 2024
(1) DEFINITIONS. In
				this section:
(a) "Home care consumer" or
				"consumer" has the meaning given in s.
				105.115(1)
				(b), Stats.
Note:
Section
				  105.115(1)
				  (b), Stats., provides that "home care
				  consumer" means "a person who receives home care services in his or her
				  temporary or permanent residence from a home care worker."
(b) "Home care placement agency" means a
				person that is engaged in placing home care workers in the temporary or
				permanent residences of home care consumers for the purpose of providing home
				care services to those home care consumers, including an employment agent
				engaged in the business specified in s.
				105.01(1)
				(intro.), Stats., or a person specified in s.
				105.01(1)
				(f), Stats., whose fees or charges are paid
				entirely by a home care consumer. "Home care placement agency" does not include
				a person that places home care workers in the residences of home care consumers
				for the purpose of providing home care services to those home care consumers if
				the person employs the individuals and pays wages or salaries, federal social
				security taxes, and state and federal unemployment contributions or taxes;
				carries worker's compensation insurance as required by state law; and maintains
				liability insurance covering the acts of its employees while providing home
				care services.
(c) "Home care
				worker" has the meaning given in s.
				105.115(1)
				(e), Stats.
Note:
Section
				  105.115(1)
				  (e), Stats., provides that "home care worker"
				  means "a person who provides home care services to a home care consumer in the
				  temporary or permanent residence of the home care consumer."
(d) "Refer" means to bring to the attention
				of a potential home care consumer the qualifications of a potential home care
				worker.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 279 - Business Closing And Mass Layoff › Section DWD 279.001 - Purpose

Current through June 24, 2024
The purpose of this chapter is to implement s.
				  109.07,
				  Stats., which provides remedies for an employer's failure to provide notice of
				  a business closing or mass layoff in certain cases. The chapter provides
				  criteria for exceptions and is designed to aid the administration and
				  enforcement of the law.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 279 - Business Closing And Mass Layoff › Section DWD 279.002 - Interpretation

Current through June 24, 2024
Whenever possible, this chapter will be interpreted in a
				  manner consistent with the Federal Worker Adjustment and Retraining
				  Notification Act,
				  29
				  USC 2101, et seq., the federal regulations
				  and court decisions interpreting that Act to the extent that the provisions of
				  federal and state law are the same.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 279 - Business Closing And Mass Layoff › Section DWD 279.02 - Employer notice

Current through June 24, 2024
(1) An employer who has decided upon a
				business closing or mass layoff in this state shall provide written notice of
				the closing or mass layoff to the department, any affected employee, any
				collective bargaining representative of any affected employee and the highest
				official of any municipality in which the affected employment site is located.
Note:
An employer shall notify the department of
				  a business closing or mass layoff by providing written notice delivered to
				  WIOATitleI@dwd.wisconsin.gov.
(2)
(a) In
				the case of the sale of part or all of a business the exception in s.
				109.07(6)
				(a), Stats., may apply. If that exception
				does not apply and if notice is required, the seller shall provide notice of
				any business closing or mass layoff that occurs up to the effective date of
				sale, and the buyer is responsible for providing notice of any business closing
				or mass layoff that takes place thereafter. If termination or layoff takes
				place on the sale's effective date, notice to affected employees not hired by
				the buyer in connection with the sale is the responsibility of the
				buyer.
(b) Not withstanding the
				allocation of responsibility for notice in par. (a), a buyer and seller may
				issue notices jointly or as agents of one another. Buyers and sellers also may
				enter into private agreements which address their respective rights and notice
				obligations under this subsection.
(c) If notice is not given as required by
				par. (a), the employer required to give notice shall be liable for penalties
				under s.
				109.07(3)
				and (4m), Stats.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 279 - Business Closing And Mass Layoff › Section DWD 279.03 - Who must receive notice

Current through June 24, 2024
(1) An employer
				shall provide notice to all affected employees that may reasonably be expected
				to lose employment as a result of a business closing or mass layoff. If at the
				time the notice is given, the employer is unable to identify which employee
				will lose employment due to elimination of a particular position, notice shall
				be provided to the employee currently holding that position.
(2) An employer shall notify the collective
				bargaining representative of an affected employee by providing written notice
				to that employee's local bargaining agent or the chief elected officer of the
				employee's exclusive bargaining agent.
(3) An employer shall notify the affected
				municipality of the business closing or mass layoff by providing written notice
				to the mayor of a city, town board chairman or village president. In the case
				of cities organized under a city manager plan, notice shall be delivered to the
				president of the city council and city manager. For villages organized under a
				city manager plan, notice shall be delivered to the president of the village
				board of trustees and the village manager.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 279 - Business Closing And Mass Layoff › Section DWD 279.04 - When employer notice must be given

Current through June 24, 2024
(1) An employer who
				has decided upon a business closing or mass layoff in this state shall provide
				written notice of such action no later than 60 calendar days prior to the date
				that the closing or layoff occurs. The department shall, upon complaint,
				determine whether notice is required or should have been provided.
(2)
(a) An
				employer is not required to provide notice as required in this section unless
				affected employees lose employment in sufficient number on a particular date to
				meet the definition of business closing or mass layoff. However, subject to
				par. (c), 2 or more groups of employees who are affected during a 90-day period
				may be considered in the aggregate in order to determine whether the business
				closing or mass layoff thresholds have been met, unless the loss of employment
				in different groups are the result of separate and distinct actions and causes.
				In order to be considered in the aggregate, each group of employees affected by
				a reduction in the workforce on different dates must, by itself, be
				insufficient to trigger notice obligations.
(b) For the purpose of this subsection
				successive layoffs or terminations that result from different events are
				separate and distinct actions and causes. Successive layoffs or reductions in
				the workforce caused by ongoing unfavorable business conditions are separate
				and distinct if the employer had a reasonable basis for believing that the
				subsequent reduction would not necessarily follow from the earlier reduction or
				reductions.
(c) The department
				shall consider, subject to par. (a), a series of layoffs that are related and
				conducted by the employer with the intent to evade the notice requirements of
				s.
				109.07,
				Stats. as failure to give timely notice.
(d) The department shall consider permanent
				or routine notice given by an employer with the intent to evade the
				requirements of s.
				109.07,
				Stats., as failure to give timely notice.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 279 - Business Closing And Mass Layoff › Section DWD 279.05 - Extension of notice

Current through June 24, 2024
Additional notice of a delayed business closing or mass
				  layoff must be issued within a reasonable time after the employer learns there
				  will be a postponement or delay beyond the date announced in the original
				  notice. The additional notice shall be directed to the same recipients of the
				  original notice. The additional notice shall include reference to the earlier
				  notice, the date to which the planned action is postponed, and the reasons for
				  the postponement or change.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 279 - Business Closing And Mass Layoff › Section DWD 279.06 - Content of employer notice

Current through June 24, 2024
(1) Notice by the
				employer to each affected employee shall contain at least all of the following:
(a) The name and address of the employment
				site where the business closing or mass layoff will occur and the name and
				telephone number of a company official to contact for further
				information.
(b) A description of
				whether the planned action is expected to be permanent or temporary and, if the
				entire employment site is to be closed, a statement to that effect. If the
				planned action is expected to be temporary the notice should to the extent
				reasonable include the estimated duration of that action, if known.
(c) The expected date when the business
				closing or mass layoff will commence and the expected date of the employee's
				layoff or separation.
(d) The name
				and address of the employee's collective bargaining representative, if
				applicable.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 279 - Business Closing And Mass Layoff › Section DWD 279.07 - Posting of notice

Current through June 24, 2024
An employer shall permanently post in one or more conspicuous
				  places where notices to employees are customarily posted a written notice of
				  employees' rights, in a form approved by the department, as required by s.
				  109.07(7),
				  Stats.
A copy of the form may be obtained at no charge from the
					 department's Equal Rights Division, P.O. Box 8928, Madison, Wisconsin 53708.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 279 - Business Closing And Mass Layoff › Section DWD 279.08 - Exceptions

Current through June 24, 2024
An employer is not liable for failure to give notice if the
				  department, upon complaint, determines the business closing or mass layoff is
				  caused by any of the following:
(1) A
				strike or a lockout not intended to evade the requirements of s.
				109.07,
				Stats., including but not limited to loss of employment for nonstriking
				employees who lose work with an employer because of a strike.
(2) The sale of all or part of an employer's
				business, if the purchaser agrees, in writing, as part of the purchase
				agreement to hire substantially all of the affected employees with not more
				than a 6 month break in employment.
(3)
(a) The
				relocation of all or part of an employer's business within a reasonable
				commuting distance, if the employer offers to transfer or hire substantially
				all of the affected employees with not more than a 6-month break in
				employment.
(b) Offers to transfer
				shall be considered a relocation under this subsection if the employee receives
				a bona fide transfer offer to an employment site owned and operated by a
				related enterprise. If the new employment site is within a reasonable commuting
				distance, the relocation exception will apply, regardless of whether the
				employer offers to compensate the affected employee for relocation costs.
				However, an employer's offer to pay relocation costs may make a more distant
				site equivalent to one within a reasonable commuting distance for purposes of
				this subsection.
(c) Under this
				subsection, a "reasonable commuting distance" shall be presumed to be a
				distance of less than 50 miles, unless an affected employee has already been
				commuting 50 miles or greater on a voluntary basis prior to the relocation or
				indicates in writing that he or she is willing to commute 50 miles or more
				under a relocation. On a case by case basis, the department may determine that
				a commuting distance of less than 50 miles is not reasonable if industry
				practice or local conditions, such as climate, geographic accessibility, the
				quality of roads, customary available transportation, including public
				transportation, and travel time, so warrant.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 279 - Business Closing And Mass Layoff › Section DWD 279.09 - Applicability

Current through June 24, 2024
(1) Voluntary notice by an employer is
				encouraged, even in situations which technically do not constitute a business
				closing or mass layoff. For that reason, whether particular actions by
				employers actually constitute a business closing or mass layoff within the
				meaning of s.
				109.07,
				Stats., will depend on the actions themselves, and not on how characterized by
				an employer in any written notice.
(2) The amount for which an employer is
				liable for claims by affected employees shall be reduced by any wages paid by
				the employer for the period of the violation and any voluntary and
				unconditional payment by the employer to the employee that is not required by
				any legal or contractual obligation.
(3) An employee who has received notice of a
				business closing or mass layoff but who remains employed and is placed on paid
				leave or comparable program is not an affected employee for the purposes of
				this chapter even though the employee does not report to work or is transferred
				to another position or assigned different job duties.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 279 - Business Closing And Mass Layoff › Section DWD 279.10 - Complaint

Current through June 24, 2024
A complaint concerning an employer's failure to give timely
				  notice of a business closing or mass layoff, may be filed by any affected
				  employee, the highest official of any municipality in which the affected
				  employment site is located, or the collective bargaining representative of any
				  affected employee. The complaint must be in writing, signed by the complainant
				  and filed with the department's Equal Rights Division, P.O. Box 8928, Madison
				  Wisconsin 53708.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 279 - Business Closing And Mass Layoff › Section DWD 279.11 - Reviews

Current through June 24, 2024
(1) After a department investigator has
				issued an initial determination on a claim, the claimant or the employer named
				in the claim may request an administrative review. If an investigator has
				issued a determination on whether notice should be given under s.
				109.07(1m),
				Stats., any person entitled to receive notice under s.
				109.07(1m),
				Stats., may request administrative review of that determination. All requests
				for administrative review of an initial determination must be in writing and
				must be mailed to the department within 10 days of the initial determination. A
				request for administrative review shall specify the reasons for contesting the
				initial determination. The department in its discretion may deny a request for
				administrative review if adequate issues for review are not
				presented.
(2) The administrative
				review shall be conducted by either the investigator's supervisor or a
				designated department employee other than the investigator that issued the
				initial determination. The administrative review is not a contested case
				proceeding. The person conducting the review may determine whether the review
				shall be limited to the existing file or may include new information or
				arguments. The administrative review shall conclude with a written
				determination that either affirms, reverses or modifies the initial
				determination.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 279 - Business Closing And Mass Layoff › Section DWD 279.12 - Referrals

Current through June 24, 2024
The department shall refer each claim filed by an employee to
				  the department of justice unless the claim is satisfied.
The intent of this section is to provide for a prompt
					 informal review of initial determinations. These decisions should not be
					 subject to formal appeals because the determinations control only the contents
					 of a case file referral to the department of justice. By providing that all
					 unsatisfied claims are to be referred, this section preserves the right of any
					 individual to take a claim to court under s.
					 109.07(4)
					 (c), Stats., if the department of justice
					 does not proceed with the referral within 120 days. An employer that opposes
					 the department's determination will have an opportunity to present its
					 arguments to the department of justice. If the department of justice proceeds
					 in court, that will be a "de novo" proceeding.
Wisconsin Administrative Code › Department of Workforce Development › DWD 270-279 - Labor Standards › Chapter DWD 279 - Business Closing And Mass Layoff › Section DWD 279.13 - Records and inspections

Current through June 24, 2024
The employer shall maintain and have available for inspection
				  by the department copies of all notices and correspondence delivered to
				  affected employees, municipalities, collective bargaining representatives and
				  the department, as well as any records used in connection with preparation and
				  delivery of these notices.
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 290.001 - Scope

Current through June 24, 2024
This chapter applies to all prevailing wage rate
				  determinations under ss.
				  66.0903, 66.0904,
				  and
				  103.49, 2009 Stats.,
				  and to the certification of prevailing wage rates and the notification of minor
				  subcontractors under s.
				  103.50, 2009
				  Stats.
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 › Section DWD 290.02 - Apprentices

Current through June 24, 2024
(1) Apprentices may work at less than the
				prevailing wage rate for the work they perform when they are employed pursuant
				to and individually registered in a bona fide apprenticeship program
				administered by the U.S. department of labor, a state agency recognized by the
				U.S. department of labor, or under Wisconsin's apprenticeship law, ch. 106,
				Stats.
(2) Any employee who is not
				properly registered as an apprentice under sub. (1) shall be paid not less than
				the prevailing wage rate applicable to the work actually performed.
(3) Apprentices shall be paid a percentage of
				the applicable journeyperson's hourly basic rate of pay and hourly fringe
				benefit contributions specified in the prevailing wage rate determination
				issued for a project.
(4) The
				appropriate percentage shall be obtained from each apprentice's contract or
				indenture.
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 290.03 - Classification of laborers, workers, mechanics and truck drivers

Current through June 24, 2024
(1) Wages paid
				for work done in any given trade or occupation shall be computed at a wage rate
				not less than the prevailing wage rate specified in the prevailing wage rate
				determination issued for a project. The type of work done for the most similar
				trade or occupation, and not a previously assigned occupational title, shall
				determine the required minimum prevailing wage rate payable.
(2) Under ss.
				66.0903(4)
				and
				103.49(2m),
				2009 Stats., a laborer, worker, mechanic or truck driver who is regularly
				employed to process, manufacture, pick up or deliver materials or products from
				a commercial establishment that has a fixed place of business from which the
				establishment regularly supplies processed or manufactured materials or
				products is not entitled to receive the prevailing wage rate or to receive at
				least 1.5 times his or her hourly basic rate of pay for all hours worked in
				excess of the prevailing hours of labor unless any of the following applies:
(a) The laborer, worker, mechanic or truck
				driver is employed to deliver mineral aggregate such as sand, gravel or stone
				that is immediately incorporated into the work, and not stockpiled or further
				transported by truck, to or from the site of a project that is subject to this
				chapter by depositing the material substantially in place, directly or through
				spreaders from the transporting vehicle.
(b) The laborer, worker, mechanic or truck
				driver is employed to transport excavated material or spoil from and return to
				the site of a project that is subject to this chapter.
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 290.04 - Straight time wages

Current through June 24, 2024
(1) An employer may discharge its obligation
				for payment for work done less than or equal to the prevailing hours of labor
				as defined in s.
				103.49(1)
				(c), Stats., by paying the total prevailing
				wage rate in cash or by paying in cash and incurring costs for bona fide
				economic benefits if the total of the cash payment and the total hourly
				contribution for the bona fide economic benefits equal or exceed the total
				prevailing wage rate.
(2) Before an
				employer can be given credit for any unfunded economic benefit plan or program,
				the employer shall supply a copy of the plan or program to the department and
				comply with all other provisions of s.
				DWD 290.01(10)
				(c).
(3) Unconventional plans shall be approved by
				the department before any credit will be given to an employer.
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 290.05 - Overtime wages

Current through June 24, 2024
All hours worked by a laborer, worker, mechanic or truck
				  driver in excess of the prevailing hours of labor per day or per week must be
				  paid at a rate at least 1.5 times the hourly basic rate of pay. Sums paid by an
				  employer for bona fide economic benefits shall be excluded in the computation
				  of the overtime premium. In no event can the rate upon which the overtime
				  premium is calculated be less than the amount determined by the department as
				  the hourly basic rate of pay. Nor can the rate upon which the overtime premium
				  is calculated be less than the straight time cash payment made to the laborer,
				  worker, mechanic or truck driver or be less than the employee's normal hourly
				  basic rate of pay, if it is higher. Contributions by employees are not excluded
				  from the rate upon which the overtime premium is computed; that is, an
				  employee's overtime premium rate is computed on the taxable earnings before any
				  deductions are made for the employee's contributions to bona fide economic
				  benefits. The employer's contributions, costs or cash payments for bona fide
				  economic benefits may be excluded in computing the overtime premium rate so
				  long as the exclusions do not reduce the overtime premium rate below the hourly
				  basic rate contained in the prevailing wage rate determination issued for a
				  project.
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 290.08 - Prevailing wage rate determinations for individual projects

Current through June 24, 2024
(1) Every state
				agency or local governmental unit shall request the department to determine the
				prevailing wage rates for all trades or occupations required to complete any
				project of public works which meets or exceeds the dollar thresholds provided
				in s.
				DWD
				290.155.
(1m) Every owner or developer of a publicly
				funded private construction project shall request the department to determine
				the prevailing wage rates for all trades or occupations required to complete
				the project.
(2) A request under
				this section shall be made on the form numbered ERD-5719, which shall be
				provided at no charge by the department, or on an equivalent electronic
				form.
(3) The department may be
				notified about ensuing projects as far in advance as possible. However, the
				official request to the department to determine the prevailing wage rates for
				all trades and occupations required to complete the work contemplated shall be
				made between 50 to 60 days before making a contract by direct negotiation or
				soliciting bids.
(4) A prevailing
				wage rate determination that is issued on or before June 30 in a particular
				year shall remain in effect for the remainder of the calendar year. A
				prevailing wage rate determination that is issued after June 30 shall remain in
				effect for 180 days.
"Application for a Prevailing Wage Determination Issued by
					 the Department of Workforce Development," form ERD-5719, is available at no
					 charge from the Department of Workforce Development Equal Rights Division, 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 290.09 - Procedure for requesting exemption from applying for individual project prevailing wage rate determinations

Current through June 24, 2024
(1) The petition of
				any local governmental unit for exemption from applying to the department to
				determine the prevailing wage rates for any individual public works project
				pursuant to s.
				66.0903(6),
				2009 Stats., or the petition of an owner or developer of real property for
				exemption from applying to the department to determine the prevailing wage
				rates for any individual publicly funded private construction project pursuant
				to s. 66.0904, 2009 Stats., shall be sent to the department and shall include:
(a) A certified copy of the ordinance or
				other enactment setting forth the standards, policy, procedure and practice
				followed in determining the prevailing wage rates for all trades or occupations
				required in the work contemplated.
(b) A current schedule of prevailing wage
				rates for all trades or occupations required for any project of public works or
				publicly funded private construction project, setting forth all of the
				following:
1. The trades or occupations
				required.
2. The current and future
				hourly basic rates of pay, the hourly contribution for bona fide economic
				benefits and any premium pay, if applicable, for these trades or
				occupations.
3. The types of
				projects of public works or publicly funded private construction projects, by
				kind and size, that are subject to the ordinance or other enactment.
4. The effective date of the hourly basic
				rates of pay and hourly contribution for bona fide economic benefits.
(c) Frequency of, method of, and
				responsibility for updating the schedule of prevailing wage rates, hours of
				labor and hourly basic pay rates.
(d) Name, title, address and phone number of
				person to whom the exemption order is to be mailed.
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 290.10 - Procedure for an administrative review

Current through June 24, 2024
(1) This section
				applies to a request for review by a local government unit under s.
				66.0903(3)
				(br), 2009 Stats., an owner or developer of
				real property under s. 66.0904(4) (e), 2009 Stats., or a state agency under s.
				103.49(3)
				(c), 2009 Stats.
(2) A request for review by a local
				governmental unit, an owner or developer of real property, or a state agency
				will be accepted for consideration if the request meets the following
				requirements:
(a) The request is in
				writing.
(b) The request is made
				within 30 days from the date the determination was issued. A request is timely
				under this section if it is received by mail with a postmark date within the
				review period.
(c) The request is
				made at least 10 days before the date that construction contracts are awarded
				or negotiated.
(d) The request
				includes wage rate information for the contested trade or occupation on at
				least 3 projects of the same type located in the city, village or town where
				the proposed project is located and on which some work was performed within the
				applicable survey period and which was previously considered by the department
				in issuing the determination.
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 290.11 - Procedure when a covered entity fails to request a required prevailing wage rate determination or incorporate a required prevailing wage rate determination into a contract

Current through June 24, 2024
(1) When the department finds that a state
				agency or local governmental unit has not requested a prevailing wage rate
				determination as required under s.
				66.0903(3)
				(am) or
				103.49(3),
				2009 Stats., the department shall promptly notify the state agency or local
				governmental unit of the noncompliance.
(1m) When the department finds that an owner
				or developer has not requested a prevailing wage rate determination as required
				under s. 66.0904(4) (a), 2009 Stats., the department shall promptly notify the
				owner or developer of the noncompliance.
(2) The state agency or local governmental
				unit notified under sub. (1), or an owner or developer notified under sub.
				(1m), shall file an application for a prevailing wage rate determination, on a
				form prescribed by the department, within 10 days of the department's notice of
				noncompliance.
(3) The department
				shall issue the prevailing wage rate determination within 30 days of the notice
				of noncompliance.
(4) The local
				governmental unit or state agency notified under sub. (1), or an owner or
				developer notified under sub. (1m), may request a review of the prevailing wage
				rate determination within 30 days of the issuance of the determination pursuant
				to s.
				DWD
				290.10.
(5) If the state agency or local governmental
				unit notified under sub. (1), or an owner or developer notified under sub.
				(1m), failed to incorporate a prevailing wage rate determination into a
				contract or bid, the local governmental unit, state agency, owner or developer
				shall either terminate the contract and resolicit bids using the prevailing
				wage rate determination or incorporate the determination retroactive to the
				beginning of construction through supplemental agreement or change order. The
				employer shall be compensated for any increases in wages resulting from the
				change and any amount of liquidated damages assessed by the department to the
				employer under s.
				66.0903(11)
				(a), 66.0904(9) (a), or
				103.49(6m)
				(ag), 2009 Stats. The method of incorporation
				of the prevailing wage rate determination and the adjustment in the contract or
				bid price shall be in accordance with applicable procurement law.
Application for a Prevailing Wage Determination Issued by
					 the Department of Workforce Development," form ERD-5719, may be obtained at no
					 charge from the Department of Workforce Development Equal Rights Division, 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 290.12 - Posting of prevailing wage rates

Current through June 24, 2024
(1) A clearly
				legible copy of the prevailing wage rate determination issued by the department
				or exempted local governmental unit, together with the provisions of s.
				66.0903(10) (a) and (11)
				(a), 66.0904(8) (a) and (9) (a), or
				103.49(2) and
				(6m), 2009 Stats., shall be kept posted in at
				least one conspicuous and easily accessible place on the site of each project
				by the contracting state agency, owner or developer of real property, or local
				governmental unit and the notice shall remain posted during the full time any
				laborer, worker, mechanic or truck driver is employed on the project.
(2) If there is no appropriate site on a
				project, a local governmental unit may post the prevailing wage rate
				determination at the place normally used to post public notices.
(3) Before the date that work is first
				performed by a minor subcontractor, a contractor or subcontractor that hires a
				minor subcontractor shall provide a copy of the prevailing wage determination
				for the project to the minor subcontractor.
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 290.13 - Evidence of compliance by agent and subcontractor

Current through June 24, 2024
(1) AFFIDAVIT OF
				COMPLIANCE. Upon completion of their portion of work on a project of public
				works or a publicly funded private construction project and prior to receiving
				final payment for work on the project, each agent or subcontractor shall file
				an agent or subcontractor affidavit of compliance with the prevailing wage rate
				determination, on a form prescribed by the department, with its prime
				contractor.
(2) RECORD RETENTION.
(a) Each agent or subcontractor who performed
				work on a project of public works or a publicly funded private construction
				project shall retain the following records for at least 3 years after the last
				day on which the prime contractor and all its agents or subcontractors
				completed work on the site of the project:
1.
				An accurate record of the name, trade or occupation, hours worked, and actual
				wages paid for all of its employees who performed work on the
				project.
2. A properly completed
				agent or subcontractor affidavit of compliance with the prevailing wage rate
				determination, on a form prescribed by the department, from each of its agents
				or subcontractors that performed work on the project.
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 290.14 - Evidence of compliance by prime contractor

Current through June 24, 2024
(1) AFFIDAVIT OF
				COMPLIANCE. Upon completion of the project of public works or publicly funded
				private construction project and prior to receiving its final payment for work
				on the project, each prime contractor shall file a prime contractor affidavit
				of compliance with the prevailing wage rate determination, on a form prescribed
				by the department, with the state agency, local governmental unit, or owner or
				developer of real property that awarded the contract.
(2) RECORD RETENTION.
(a) Each prime contractor shall retain the
				following records for at least 3 years after the last day on which the prime
				contractor and all its agents or subcontractors completed work on the site of
				the project:
1. An accurate record of the
				name, trade or occupation, hours worked, and actual wages paid for all of its
				employees who performed work on the project.
2. A properly completed agent or
				subcontractor affidavit of compliance with the prevailing wage rate
				determination, on a form prescribed by the department, from each of its agents
				or subcontractors that performed work on the project.
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 290.145 - Evidence of compliance by owner or developer of real property

Current through June 24, 2024
Prior to the local governmental unit accepting the
				  dedication of any work completed under s.
				  66.0903(2),
				  2009 Stats., each owner or developer of real property shall file an owner or
				  developer affidavit of compliance with the prevailing wage rate determination,
				  on a form prescribed by the department, with the local governmental
				  unit.
"Owner or Developer of Real Property Affidavit of
					 Compliance with Prevailing Wage Rate Determination," ERD Form 16864, 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://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 290.155 - Minimum estimated project costs

Current through June 24, 2024
(1) This chapter
				does not apply to any project of public works for which the estimated cost of
				completion is below $25,000.
(1m)
				This chapter does not apply to a publicly funded private construction project
				that receives less than $1,000,000 in direct financial assistance from a local
				governmental unit.
(2) The
				estimated cost of completion of a project of public works shall include all
				contracts and subcontracts that are closely related in purpose, time, and
				place. Similar or related work may be considered a separate project of public
				works only if all of the following apply to each portion of work:
(b) It is advertised separately.
(c) It is bid or negotiated
				separately.
(d) It is awarded
				separately.
(e) It is not dependent
				on another segment of work for completion.