108.221 Misclassification; administrative assessments.
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/wi/chapter-108/108-221A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
108.221 Misclassification; administrative assessments.
(a)Any employer described in s. 108.18
(c)or engaged in the painting or drywall finishing of buildings or other structures who knowingly and intentionally provides false information to the department for the purpose of misclassifying or attempting to misclassify an individual who is an employee of the employer as a nonemployee shall, for each incident, be assessed a penalty by the department in the amount of $500 for each employee who is misclassified, but not to exceed $7,500 per incident.
(b)The department shall consider the following nonexclusive factors in determining whether an employer described under par.
(a)knowingly and intentionally provided false information to the department for the purpose of misclassifying or attempting to misclassify an individual who is an employee of the employer as a nonemployee:
1. Whether the employer was previously found to have misclassified an employee in the same or a substantially similar position.