Wisconsin Legislature: DWD 277.19(2)(a)

(2) A record of all persons referred to employers, the date of referral, whether they are hired or not.

(3) A record of all job orders for employees received from employers. Such job orders shall be numbered consecutively and shall show the name and address of the employer, the name and position of the person placing the order, the kind of employee requested, the nature of the employment, the salary or wages to be paid and the duration of the job.

(4) A record of all payments to the agency of any and all placement fees received and refunded. Each record shall show the date of each transaction, the name of the person making the remittance, the amount paid, a duplicate receipt, and the date and amount of any refund.

(5) A record of jobs advertised correlated to show date and publication in which the ad appeared and the job order number of each job advertised.

(6) A record of fee agreement negotiations showing the amount to be paid by each party.

History: Cr. Register, July, 1970, No. 175, eff. 8-1-70; am. (2), Register, June, 1985, No. 354, eff. 7-1-85.

DWD 277.15 Applicant-paid fee agents.

(1) All advertising, including newspaper ads, informational flyers, and bulletins, shall contain the name of the employment agency and a statement that the agency is a “licensed employment agent.”

(2) Advertisements for positions located in communities other than that in which the employment agency is located shall clearly indicate that fact for each position advertised may require geographic relocation.

(3) Positions listed in the “Help Wanted” columns of newspapers or other media shall refer to bona fide openings available at the time that the advertisement or copy is given to the publisher.

(4) When an agent operates separate divisions within the agency and the separate divisions are operated under different names than the licensed agent, then all advertising shall contain the name of the licensed agent and the fact that the agent is licensed.

History: Cr. Register, July, 1970, No. 175, eff. 8-1-70; am. (2) and cr. (4), Register, June, 1985, No. 354, eff. 7-1-85.

DWD 277.16 Inducing discharge or termination of employment. No employment agent shall persuade, induce or procure, or attempt to persuade, induce, or procure any employer or agent of any employer to discharge any employee.

History: Cr. Register, July, 1970, No. 175, eff. 8-1-70.

DWD 277.18 Posting of license, fee schedule, and rules.

(1) The license shall be posted in a conspicuous place in the main room of the agency.

(2) The name of the agency and the fact that he is licensed shall be posted on or near the main entrance door of the agency.

(3) All stationery, contracts, and fee schedules shall contain the name of the employment agency and a statement that the agency is a “licensed employment agent.”

(4) A copy of ch. 105, Stats., and ch. DWD 277 shall be posted or made readily available to visitors in the main room of the agency.

History: Cr. Register, July, 1970, No. 175, eff. 8-1-70; correction in (4) made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1996, No. 482.

DWD 277.19 Notice to home care consumers and workers.

(1) Definitions. In this section:

(a) “Home care consumer” or “consumer” has the meaning given in s. 105.115 (1) (b), Stats.

Note: Section 105.115 (1) (b), Stats., provides that “home care consumer” means “a person who receives home care services in his or her temporary or permanent residence from a home care worker.”

(b) “Home care placement agency” means a person that is engaged in placing home care workers in the temporary or permanent residences of home care consumers for the purpose of providing home care services to those home care consumers, including an employment agent engaged in the business specified in s. 105.01 (1) (intro.), Stats., or a person specified in s. 105.01 (1) (f), Stats., whose fees or charges are paid entirely by a home care consumer. “Home care placement agency” does not include a person that places home care workers in the residences of home care consumers for the purpose of providing home care services to those home care consumers if the person employs the individuals and pays wages or salaries, federal social security taxes, and state and federal unemployment contributions or taxes; carries worker’s compensation insurance as required by state law; and maintains liability insurance covering the acts of its employees while providing home care services.

Note: Section 105.115 (1) (e), Stats., provides that “home care worker” means “a person who provides home care services to a home care consumer in the temporary or permanent residence of the home care consumer.”

(d) “Refer” means to bring to the attention of a potential home care consumer the qualifications of a potential home care worker.

(2) Notice to home care consumer.

(a) A home care placement agency shall have in its files a copy of the notice required under s. 105.115 (2), Stats., signed by a home care consumer, before the home care placement agency refers a home care worker to the consumer.

Note: Section 105.115 (2) (intro.), Stats., provides that the notice shall be on a form prescribed by the department. A copy of the required form is available by contacting the Equal Rights Division, 201 East Washington Avenue, P.O. Box 8928, Madison WI 53708; phone (608) 266-6860; or by following the link to Equal Rights on the department’s website at https://dwd.wisconsin.gov/er/.

(b) “Temporarily substituting” as used in s. 105.115 (2) (intro.), Stats., means no more than 2 weeks per incident.

Note: Section 105.115 (2) (intro.), Stats., provides that “a home care placement agency is not required to provide that notice [the notice to home care consumers] when placing a home care worker who is temporarily substituting for the regular home care worker of a home care consumer.”

(3) Notice to home care worker. A home care placement agency shall have in its files a copy of the notice required under s. 105.115 (3), Stats., signed by a home care worker, before the home care placement agency refers the potential home care worker to a consumer.

Note: Section 105.115 (3) (intro.), Stats., provides that the notice shall be on a form prescribed by the department. A copy of the required form is available by contacting the Equal Rights Division, 201 East Washington Avenue, P.O. Box 8928, Madison WI 53708; phone (608) 266-6860; or by following the link to Equal Rights on the department’s website at https://dwd.wisconsin.gov/er/.

(4) Record retention. A home care placement agency shall retain the notices required under s. 105.115 (2) and (3), Stats., at least 4 years from the date that the home care agency referred the home care worker to the consumer if the home care worker and home care consumer enter into an employment agreement or contract for services.

History: CR 06-138: cr. Register April 2007 No. 616, eff. 5-1-07.