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.
(a)For purposes of ensuring that an employer is properly classifying the persons performing services for the employer as employees and nonemployees, the department may require an employer to prove all of the following:
1. That the employer is maintaining records identifying all persons performing work for the employer, including the name, address, and social security number of each of those persons.
2. That the employer is maintaining worker’s compensation coverage for its employees as required under s. 102.28
(2).
3. That the employer has provided to the department the information required under s. 103.05 with respect to each newly hired employee of the employer.
4. That the employer is maintaining records of the hours worked by its employees, the wages paid to those employees, any deductions from those wages, and any other information that the employer is required to keep under rules promulgated under s. 103.02 or 104.035 , and is listing deductions from wages as required under s. 103.457 .
5. That the employer is in compliance with ch. 108 .
(b)Any agreement between an employer and employee purporting to waive or modify any requirement under par.
(a)is void.
(4)Compliance investigations.
(a)The department may conduct investigations to ensure compliance with the requirements specified in sub.
(a). In conducting an investigation, the department may do any of the following: