Plain Language Analysis
The Wisconsin unemployment insurance program is administered under chs. DWD 100-150. The proposed rule is minor and technical in nature, and is designed as a “clean-up.” The proposed rule is promulgated to align current rules with federal laws and state statute. In addition, the rule updates obsolete or incorrect cross-references, informs the public of where to obtain information or how to contact the department, and clarifies language. Chapter DWD 100 provides definitions for all terms that are applied to chs. DWD 100-150. The proposed rule made changes to ch. DWD 100, such as: - Repeals the definitions “fax,” “first shift,” “profiling system,” and “unemployment insurance office” because they are no longer used in chs. DWD 100-150. - Renumbers the definition “decision” from ch. DWD 113 to ch. DWD 100, because the term is referenced in multiple chapters within chs. DWD 100-150. - Amends the definition “payroll base” to specify the statutory amount.
- Repeals the definition “employer” because that term is already defined in statute.
- Amends the definition “total unemployment and totally unemployed” to only “total unemployment”.
- Amends the definitions “disposable earnings,” “federal minimum hourly wage,” and “levy” to reference statute because they are already defined in statute.
- Amends the definition of “newly hired employee” under s. DWD 142.02 (7) (b) to reflect an unpaid absence of 60 days rather than 90 days as required by federal guidance. - Amends the definition of “public official” in s. DWD 149.001 to reflect the new federal definition that was enacted to align with the Wisconsin Innovation and Opportunity Act. The following definitions were renumbered from ch. DWD 100 because the terms are only used in specific chapters:
- “Informer” is renumbered in ch. DWD 101.
- “Wage report” and “wage reporting” are renumbered in ch. DWD 111.
- “Compromise,” “same business or operation,” and “settle” are renumbered in ch. DWD 113.
- “Transfer percentage,” transferee,” and “transferor” are renumbered in ch. DWD 115.
- “Full-time,” “shift,” “total unemployment,” and “weekly certification” are renumbered in ch. DWD 128.
- “Health care facility,” “sexual contact,” and “sexual intercourse” are renumbered in ch. DWD 132
-“Agent state,” “ease of access,” and “hearing office” are renumbered in ch. DWD 140.
In addition, the proposed rule:
- Amends the title for ch. DWD 101 to include “benefit purposes” and s. DWD 101.01 to clarify how the department shall apply the definition of wages for benefit purposes. - Creates s. DWD 103.01 (2) to include “unpaid managers of a limited liability company” as excluded “employment” to align with statute. - Repeals ss. DWD 110.07 (5) and (7) because due dates for filing certain reports are already identified in statute. - Amends DWD 110.07 (8) to clarify the requirement for an employer to remit contributions as prescribed by the department.
- Repeals the requirement that employers notify the department as to whether the employer provides health insurance for employees under ch. DWD 111 because the department no longer collects this information. - Amends s. DWD 111.03 to require employers to submit a wage report to the department as prescribed. - Repeals ss. DWD 111.04 and DWD 111.05 because the proposed changes under DWD 111.03 will make these sections obsolete. - Amends “individual” with “person” under ch. DWD 113 to align with statute. - Amends s. DWD 115.06 to include “limited liability company” as a transferee to align with statute for transfers involving fiduciaries. - Repeals the requirement the department consider a mailed application timely if postmarked by the due date or received no more than 3 days after the due date under s. DWD 115.07 because this is not allowed by statute. - Amends s. DWD 115.11 from 2 years to 3 years for new employers assigned an initial rate to align with statute. - Amends references to “justifiable cause” and replaces with “good cause” for consistency under. Ch. DWD 127. - Repeals 129.01 (4) (e) because the automated telephone claim system for filing benefit claims is no longer used.
- Repeals chapter DWD 130 because the proposed amendments to ch. DWD 101 make this chapter unnecessary. - Amends language in ch. DWD 131 to align with statute by changing “presence” to “unlawful use.” - Repeals s. DWD 132.04 (2) (b) relating to the number of hours worked for educational employees, due to updated guidance by the U.S. Department of Labor in UIPL 5-17. -Amends the table in ch. DWD 150 to reflect forms currently used. Chapter DWD 140 outlines the unemployment insurance appeals process. Numerous updates and amendments were made to this chapter to conform to statute changes. The definition “appeal tribunal” was created to align with state statute and it replaced the term “administrative law judge,” which was repealed in ch. DWD 100. The proposed rule specifies that appeals be filed with a hearing office or public employment office in an agent state rather than with the department. In addition, hearings may be conducted via videoconference. Current rule allows 15 minutes for an appellant to appear by telephone and 5 minutes for a respondent to appear after the start time of a hearing (in person or via telephone or videoconference). The proposed rule allows 10 minutes for both appellant or respondent to appear after the start time of a hearing. Summary of, and comparison with, existing or proposed federal statutes and regulations
Under 20 CFR § 601.5, federal law requires that state laws conform to and comply with federal requirements. Comparison with rules in adjacent states
All adjacent states are required to conform to federal law requirements for unemployment insurance and the rules are similar to Wisconsin.
Summary of factual data and analytical methodologies
This rule does not depend on any complex analysis of data. The rule changes are minor and technical in nature.
Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis
The proposed rule will have no significant economic effect on small businesses as defined in s. 227.114 (1), Stats. and there is no economic impact created by this proposed rule because the changes are all minor or technical in nature. The department also consulted the Unemployment Insurance Advisory Council. Effect on small business
The proposed rule will not have a negative effect on small businesses as defined in s. 227.114 (1), Stats. Agency contact person
Questions and comments related to this rule may be directed to:
Janell Knutson, Bureau of Legal Affairs
Division of Unemployment Insurance
Department of Workforce Development
P.O. Box 8942
201 E. Washington Avenue, E300
Madison, WI 53708
Telephone: (608) 266-1639
Place where comments are to be submitted and deadline for submission
Janell Knutson, Bureau of Legal Affairs
Division of Unemployment Insurance
Department of Workforce Development
P.O. Box 8942
201 E. Washington Avenue, E300
