DWD 272.09(14)
(14) Licensing under a special license requested by a sponsoring agency. A sponsoring agency may request a special minimum wage license on behalf of a worker with a disability. The department may issue a license to a worker with a disability which will authorize an employer to pay the rate of pay stated on the license. An employer that hires a licensed worker with a disability shall retain a photocopy of the license for the employer's records. A license issued under this subsection is effective for not more than one year.
DWD 272.09 Note
Note: The intent of issuing this type of license to a worker with a disability instead of to the employer is to permit the sponsoring agency to make short term placements which enable the worker to gain a variety of experiences without putting the burden on each employer to obtain a license. However, this does not relieve an employer from complying with the Federal Labor Standards Act which requires that an individual subminimum wage license be issued to any federally covered employer.
DWD 272.09(15)
(15) Student learners. A license may be issued for a student who is enrolled in a bona fide school training program.
DWD 272.09(15)(a)1.1. Applications shall be filed with the department by the school on behalf of the employer.
DWD 272.09(15)(a)2.
2. The application must be made on a form provided by the department, and accompanied by a copy of the training agreement, or, in the absence of such agreement, a copy of the program or curriculum may be submitted. The application must be signed by the employer, the appropriate school official, the student, and the student's parent or guardian.
DWD 272.09(15)(b)2.
2. The employment at subminimum rates is necessary to provide employment opportunities under the program.
DWD 272.09(15)(b)3.
3. The student must be at least 14 years of age and obtain a work permit if under 18 years of age.
DWD 272.09(15)(b)4.
4. The occupation for which the student is receiving preparatory training must require a sufficient degree of skill to necessitate a learning period.
DWD 272.09(15)(b)5.
5. The training must not be for the specific purpose of acquiring manual dexterity and high production speed in repetitive operation. In case of a training program which does not qualify as a bona fide training program within the meaning of s.
104.01 (6), Stats., the employer must pay the trainee the minimum wage for all time spent on the training program whether such time is instructional or work in nature.
DWD 272.09(15)(b)6.
6. The employment must not have the effect of displacing a worker employed in the establishment. A student learner must be paid minimum wage for time spent doing work which would be normally done by a regular paid employee if the student learner performed the work.
DWD 272.09(15)(b)7.
7. The employment must not tend to impair or depress the wage rates or working standards established for experienced workers for work of a like or comparable character.
DWD 272.09(15)(b)8.
8. The issuance of such license must not tend to prevent the development of apprenticeship nor impair established apprenticeship standards in the occupation or industry involved.
DWD 272.09(15)(c)1.c.
c. The name and address of the school which provides the related school instructions.
DWD 272.09(15)(c)3.
3. The license shall be effective for the period designated thereon, and no license shall be issued retroactively.
DWD 272.09(15)(c)4.
4. A student may work a number of hours in addition to the daily and weekly hours of employment training authorized by the license provided the total hours of work shall not exceed the limits set forth in s.
DWD 270.05, and that the pay for such hours is not less than that prescribed in s.
DWD 272.03.
DWD 272.09(15)(c)5.
5. Students under 18 years of age may not serve at any job prohibited by statute, or orders of the department. (See s.
DWD 270.03.)
DWD 272.09(15)(c)6.
6. A training agreement shall set down the scheduled duties and responsibilities of the local school, the employer, the student, and the student's parent or guardian. The training agreement shall be signed by an appropriate school official, the employer, the student, and the student's parent or guardian.
DWD 272.09(15)(c)7.
7. The department may set a rate of less than 75% of the rates in s.
DWD 272.03 for student learners with disabilities if justified by extraordinary circumstances. The rates granted shall be commensurate with the student's ability.
DWD 272.09(15)(d)
(d) Employment records to be kept. In addition to the records required in s.
DWD 272.11 the employer shall keep the following for each student employed at a subminimum wage rate.
DWD 272.09(15)(d)1.
1. The student shall be identified on the payroll records, showing the student's occupation and rate of pay.
DWD 272.09(15)(d)2.
2. The employer's copy of the license and training agreement must be available at all times for inspection for a period of 3 years.
DWD 272.09(16)(a)(a) The department may deny or revoke a special minimum wage or student learner license for cause at any time. The department may amend or modify a special minimum wage or student learner license if conditions or extraordinary circumstances warrant the action. The grounds for revocation or denial include but are not limited to the facts specified in this subsection.
DWD 272.09(16)(a)1.
1. A license may be revoked or denied if misrepresentations or false statements have been made to obtain the license or to permit a worker with a disability to be employed under the license.
DWD 272.09(16)(a)2.
2. A license may be revoked or denied if any provision of the Wisconsin labor standards law or any of the terms of the license has been violated.
DWD 272.09(16)(a)3.
3. A license may be revoked or denied if the license is no longer necessary in order to prevent a curtailment of opportunities for employment.
DWD 272.09(16)(b)
(b) Unless the public interest requires otherwise, the department shall notify the employer of facts or conduct which may warrant revocation before beginning revocation proceedings and shall provide the employer an opportunity to demonstrate or achieve compliance with all legal requirements.
DWD 272.09 Note
Note: The legal procedure for license revocations is established by ch.
227, Stats.
DWD 272.09(17)
(17) Review. Any person that is aggrieved by an action of the department taken under this section may, within 60 days after learning of the action or within any additional time that the department might allow, file with the department a request for reconsideration or review. The department shall determine if a review shall be granted. If a review is conducted, it shall be conducted by the department. The department may provide other interested persons an opportunity to present data and views.
DWD 272.09(18)(a)
(a) The department and community-based rehabilitation organizations are committed to the continued development and implementation of individual vocational rehabilitation programs that will facilitate the transition of persons with disabilities into employment within their communities. This transition must take place under conditions that will not jeopardize the protection afforded by the minimum wage law to program participants, employees, employers or other programs providing rehabilitation services to individuals with disabilities.
DWD 272.09(18)(b)
(b) When all of the following criteria are met, the department shall not assert an employment relationship for the purposes of the minimum wage:
DWD 272.09(18)(b)1.
1. Participants are individuals with physical or mental disabilities for whom competitive employment at or above the minimum wage level is not immediately obtainable and who, because of their disabilities, will need intensive ongoing support to perform in a work setting.
DWD 272.09(18)(b)2.
2. Participation is for vocational exploration, assessment or training in a community-based placement work site under the general supervision of rehabilitation organization personnel.
DWD 272.09(18)(b)3.
3. Community-based placements are clearly defined components of individual rehabilitation programs developed and designed for the benefit of each participant. The statement of needed transition services established for the exploration assessment or training components shall be included in each participant's IWRP.
DWD 272.09(18)(b)4.
4. The department does not require disclosure of the information contained in the IWRP. However, the department does require documentation as to the participant's enrollment in the community-based placement program. The participant and, when appropriate, the parent or guardian of the participant, shall be fully informed of the IWRP and the community-based placement component and shall have indicated voluntary participation with the understanding that participation in such a component does not entitle the participant to wages.
DWD 272.09(18)(b)5.
5. The activities of the participants at the community-based placement site do not result in an immediate advantage to the business. The department shall be more likely to conclude that there has been no immediate advantage to the business if all of the following determinations can be made:
DWD 272.09(18)(b)5.a.
a. There has been no displacement of employees, vacant positions have not been filled, employees have not been relieved of assigned duties, and the participants are not performing services that, although not ordinarily performed by employees, clearly are of benefit to the business.
DWD 272.09(18)(b)5.b.
b. The participants are under continued and direct supervision by either representatives of the rehabilitation facility or by employees of the business.
DWD 272.09(18)(b)5.c.
c. The placements are made according to the requirements of the participant's IWRP and not to meet the labor needs of the business.
DWD 272.09(18)(b)5.d.
d. The periods of time spent by the participants at any one site or in any clearly distinguishable job classification are specifically limited by the IWRP.
DWD 272.09(18)(b)7.
7. A participant is not entitled to employment at the business at the conclusion of his or her IWRP, however, if a participant does becomes an employee, he or she cannot be considered to be a trainee at that particular community-based placement unless he or she is in a clearly distinguishable occupation.
DWD 272.09(18)(c)
(c) An employment relationship shall exist unless all of the criteria described in par.
(b) are met. If an employment relationship is found to exist, the business shall be held responsible for full compliance with the applicable sections of the minimum wage law.
DWD 272.09(18)(d)
(d) Businesses and rehabilitation organizations may, at any time, consider participants to be employees and may structure a program so that the participants are compensated in accordance with the requirements of the minimum wage law. Whenever an employment relationship is established, the business may make use of the special minimum wage provisions provided by this section.
DWD 272.09 History
History: Cr.
Register, July, 1978, No. 271, eff. 8-1-78; r. and recr. (2) (a) 1. and am. (2) (a) intro. and 2.,
Register, August, 1987, No. 380, eff. 9-1-87; r. (1), (2) and (4), renum. (3) to be (15), cr. (1) to (14), (16) and (17),
Register, January, 1991, No. 421, eff. 2-1-91; am. (1) (g) (h) (intro.) and (m),
Register, May, 1997, No. 497, eff. 6-1-97; correction in (1) (h) 2. made under s.
13.92 (4) (b) 6., Stats.,
Register February 2009 No. 638;
2019 Wis. Act 1: am. (1) (e), (n)
Register May 2019 No. 761, eff. 6-1-19;
CR 20-031: am. (1) (g), (m), (15) (c) 7.
Register October 2021 No. 790, eff. 11-1-21.
DWD 272.10
DWD 272.10 Listing deductions from wages. An employer shall state clearly on the employee's paycheck, pay envelope, or paper accompanying the wage payment the number of hours worked, the rate of pay and the amount of and reason for each deduction from the wages due or earned by the employee, except such miscellaneous deductions as may have been authorized by request of individual employees for reasons personal to themselves. A reasonable coding system may be used by the employers.
DWD 272.10 History
History: Cr.
Register, July, 1978, No. 271, eff. 8-1-78;
cr. (1) (dm) and (18), renum. (1) (g) to (i) to be (1) (i), (L) and (n), (1) (g), (h), (j), (k) and (m) renum. from Ind 72.01 (12) to (15) and (17),
Register, February, 1996, No. 482, eff. 3-1-96.
DWD 272.11
DWD 272.11 Permanent records to be kept by the employer. DWD 272.11(1)(1)
Every employer shall make and keep for at least 3 years payroll or other records for each of their employees which contain:
DWD 272.11(1)(e)1.
1. When employee's meal periods are required or when such meal periods are to be deducted from work time.
DWD 272.11(1)(e)2.
2. This requirement shall not apply when work is of such a nature that production or business activity ceases on a regularly scheduled basis.
DWD 272.11(1)(h)
(h) The amount of and reason for each deduction from the wages earned.
DWD 272.11(2)
(2) The required records or a duplicate copy thereof shall be kept safe and accessible at the place of employment or business at which the employee is employed, or at one or more established central record keeping offices in the state of Wisconsin.
DWD 272.11(3)
(3) The required records shall be made available for inspection and transcription by a duly authorized deputy of the department during the business hours generally observed by the office at which they are kept or in the community generally.
DWD 272.11 History
History: Cr.
Register, July, 1978, No. 271, eff. 8-1-78.
DWD 272.12
DWD 272.12 Interpretation of hours worked. DWD 272.12(1)(a)1.1. Employees subject to the statutes must be paid for all time spent in “physical or mental exertion (whether burdensome or not) controlled or required by the employer and pursued necessarily and primarily for the benefit of the employer's business." The workweek ordinarily includes “all time during which an employee is necessarily required to be on the employer's premises, on duty or at a prescribed work place."
DWD 272.12(1)(a)2.
2. “Workday," in general, means the period between “the time on any particular workday at which such employee commences their principal activity or activities" and “the time on any particular workday at which they cease such principal activity or activities." The “workday" may thus be longer than the employee's scheduled shift, hours, tour of duty, or time on the production line. Also, its duration may vary from day to day depending upon when the employee commences or ceases their “principal" activities.
DWD 272.12(2)(a)1.1. General. Work not requested but suffered or permitted is work time. For example, an employee may voluntarily continue to work at the end of the shift. They may be a pieceworker, they may desire to finish an assigned task or they may wish to correct errors, past work tickets, prepare time reports or other records. The reason is immaterial. The employer knows or has reason to believe that they are continuing to work and the time is working time.
DWD 272.12(2)(a)2.
2. Work performed away from the premises or job site. The rule is also applicable to work performed away from the premises or the job site, or even at home. If the employer knows or has reason to believe that the work is being performed, they must count the time as hours worked.
DWD 272.12(2)(a)3.
3. Duty of management. In all such cases it is the duty of the management to exercise its control and see that the work is not performed if it does not want it to be performed. It cannot sit back and accept the benefits without compensating for them. The mere promulgation of a rule against such work is not enough. Management has the power to enforce the rule and must make every effort to do so.
DWD 272.12(2)(b)1.1. General. Whether waiting time is time worked depends upon particular circumstances. The determination involves “scrutiny and construction of the agreements between particular parties, appraisal of their practical construction of the working agreement by conduct, consideration of the nature of the service, and its relation to the waiting time, and all of the circumstances. Facts may show that the employee was engaged to wait, or they may show that he/she waited to be engaged."
DWD 272.12(2)(b)2.
2. On duty. A stenographer who reads a book while waiting for dictation, a messenger who works a crossword puzzle while awaiting assignments, a firefighter who plays checkers while waiting for alarms and a factory worker who talks to fellow employees while waiting for machinery to be repaired are all working during their periods of inactivity. The rule also applies to employees who work away from the plant. For example, a repairperson is working while they wait for their employer's customer to get the premises in readiness. The time is work time even though the employee is allowed to leave the premises or the job site during such periods of inactivity. The periods during which these occur are unpredictable. They are usually of short duration. In either event the employee is unable to use the time effectively for their own purposes. It belongs to and is controlled by the employer. In all of these cases waiting is an integral part of the job. The employee is engaged to wait.
