103.06 Worker classification compliance.
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103.06 Worker classification compliance.
(1)Definitions. In this section:
(a)“Business day” means any day on which the offices of the department are open.
(b)“Employee” means any of the following who is employed by an employer:
1. For purposes of compliance with the requirement specified in sub.
(a)1. , an employee, as defined in s. 103.001
(5).
2. For purposes of compliance with the requirement specified in sub.
(a)2. , an employee, as defined in s. 102.07 .
3. For purposes of compliance with the requirement specified in sub.
(a)3. , an employee, as defined in rules promulgated under s. 103.05 .
4. For purposes of maintaining records under sub.
(a)4. as required under rules promulgated under s. 103.02 , an employee, as defined in s. 103.001
(5).
5. For purposes of maintaining records under sub.
(a)4. as required under rules promulgated under s. 104.035 , an employee, as defined in s. 104.01
(2).
6. For purposes of listing deductions from wages under sub.
(a)4. as required under s. 103.457 , an employee, as defined in s. 103.001
(5).
7. For purposes of compliance with the requirement specified in sub.
(a)5. , an employee, as defined in s. 108.02
(12).
(c)“Employer” means any of the following that is engaged in the work described in s. 108.18
(c):
1. For purposes of compliance with the requirement specified in sub.
(a)1. , an employer, as defined in s. 103.001
(6).
2. For purposes of compliance with the requirement specified in sub.
(a)2. , an employer, as defined in s. 102.04 .
3. For purposes of compliance with the requirement specified in sub.
(a)3. , an employer, as defined in rules promulgated under s. 103.05 .
4. For purposes of maintaining records under sub.
(a)4. as required under rules promulgated under s. 103.02 , an employer, as defined in s. 103.01
(1).
5. For purposes of maintaining records under sub.
(a)4. as required under rules promulgated under s. 104.035 , an employer, as defined in s. 104.01
(3).
6. For purposes of listing deductions from wages under sub.
(a)4. as required under s. 103.457 , an employer, as defined in s. 103.001
(6).
7. For purposes of compliance with the requirement specified in sub.
(a)5. , an employer, as defined in s. 108.02
(13).
(2)Worker classification compliance; duties of department. For purposes of promoting and achieving compliance by employers with the laws specified in sub.
(a)through the proper classification of persons performing services for an employer as employees and nonemployees, the department shall do all of the following:
(a)Educate employers, employees, nonemployees, and the public about the proper classification of persons performing services for an employer as employees and nonemployees.
(b)Receive and investigate complaints alleging violations of the requirements specified in sub.
(a), or investigate any such alleged violations on its own initiative, and, if the department finds that an employer is in violation of a requirement specified in sub.
(a), order the employer to stop work and pay a forfeiture as provided under sub.
(5).
(c)Refer complaints of misclassification of employees as nonemployees to other state or local agencies that administer laws whose enforcement depends on the proper classification of employees.
(d)Cooperate with other state or local agencies in the investigation and enforcement of laws whose enforcement depends on the proper classification of employees.
(e)Appoint attorneys licensed to practice in this state as appeal tribunals to conduct hearings and issue decisions under sub.
(b).
(3)Compliance requirements.