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2021 - 2022 LEGISLATURE
March 9, 2022 - Introduced by Senators Wirch, Agard, Bewley, Carpenter,
Erpenbach, Johnson, Larson, Ringhand and Roys, cosponsored by
Representatives Sinicki, Andraca, Baldeh, Bowen, Cabrera, Conley, Drake,
Doyle, Emerson, Haywood, Hebl, Hong, Milroy, Neubauer, Ohnstad, Pope,
Shankland, Shelton, Snodgrass, Spreitzer, Stubbs, Subeck and Vruwink.
Referred to Committee on Labor and Regulatory Reform.
SB1051,1,2 1An Act relating to: investigation and audit of worker misclassification and
2making an appropriation.
Analysis by the Legislative Reference Bureau
This bill requires the Unemployment Insurance Division in the Department of
Workforce Development to coordinate with the Division of Personnel Management
in the Department of Administration to review all recruitment and onboarding
programs to ensure that auditor positions are correctly classified and the
compensation for auditors is comparable to that in the private labor market. The bill
also requires DWD to review resources available to investigators and auditors and
evaluate potential strategies and improvements that could be implemented by the
department. The bill also requires DWD to submit a report to the legislature of its
findings no later than January 31, 2023.
Finally, the bill authorizes three full-time positions for DWD to perform
investigations and audits regarding worker misclassification.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB1051,1 3Section 1. Nonstatutory provisions.
SB1051,2,2
1(1) Investigation and enforcement of worker classification. The department
2of workforce development shall do all of the following before December 31, 2022:
SB1051,2,73 (a) Require the unemployment insurance division, in coordination with the
4division of personnel management in the department of administration, to review all
5recruitment and onboarding programs to ensure that auditor positions are correctly
6classified and the compensation for auditors is comparable to that in the private
7labor market.
SB1051,2,108 (b) Review resources available to investigators and auditors and evaluate
9potential strategies and improvements that could be implemented, including at least
10all of the following:
SB1051,2,11 111. Cross-training all investigators and auditors working in the department.
SB1051,2,12 122. Adding bilingual staff.
SB1051,2,14 133. Information technology improvements for more efficient exchange of
14information.
SB1051,2,1915 (2) Reporting. By no later than January 31, 2023, the department shall submit
16a report to the chief clerk of each house of the legislature for distribution to the
17standing committees of the legislature under s. 13.172 (3) with jurisdiction over
18workforce development. The report shall include the findings of the department
19under sub. (1) (a) and (b ).
SB1051,2 20Section 2. Fiscal changes.
SB1051,3,321 (1) Investigation and enforcement of worker classification. In the schedule
22under s. 20.005 (3) for the appropriation to the department of workforce development
23under s. 20.445 (1) (gc), the dollar amount for fiscal year 2021-22 is increased by
24$157,500 to increase the authorized FTE positions for the department by 3.0 PR
25positions for the purpose of investigating and enforcing worker classification laws

1and rules. In the schedule under s. 20.005 (3) for the appropriation to the department
2of workforce development under s. 20.445 (1) (gc), the dollar amount for fiscal year
32022-23 is increased by $210,000 for the positions authorized under this subsection.
SB1051,3,44 (End)
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