2. Employers within the same listing in the Standard Industrial Classification (SIC) Manual current North American Industry Classification System, Sector 23 – Construction as the employer customarily suspend or significantly curtail business operations in this state for regularly recurring periods because of climatic conditions or because of the seasonal nature of the employment.
Section 4. DWD 102.02 (3) (am) (Note) is created to read:
Section 5. DWD 103.01 (2) is amended to read:
DWD 103.01 (2) Unpaid managers of a limited liability company. Under s. 108.02 (15) (k) 8., Stats., service as an unpaid manager of a limited liability company is not “employment”, but all paid managers of a limited liability company are in “employment” under ch. 108, Stats., subject to s. ss. 108.02 (12), 108.02 (15) (L), and 108.068, Stats. Section 6. DWD 111.05 is repealed.
Section 7. DWD 132.04 (1) and (2) (intro.) are amended to read:
DWD 132.04 (1) Scope. Under s. 108.04 (17) (a), (b) and (c) 108.04 (17) (a) to (i), Stats., a claimant is ineligible for benefits based upon services provided to or on behalf of an educational institution for weeks of unemployment which occur between academic years or terms or during an established and customary vacation period or holiday recess if the claimant performed the services in the first such year or term or in the year or term immediately before the vacation period or holiday recess and if there is reasonable assurance that the claimant will perform such services for any educational institution in the year or term immediately following the academic year, term, vacation period or holiday recess. (2) Standard. (intro.) Except as provided under sub. (3), the terms and conditions of the employment for which the claimant receives assurance from an educational institution under s. 108.04 (17) (a), (b) and (c) 108.04 (17) (a) to (i), Stats., for the academic year or term immediately following the weeks of unemployment which occurred between academic years or terms or during an established and customary vacation period or holiday recess are reasonably similar if all of the following apply: Section 8. DWD 132.04 (3) is amended to read:
DWD 132.04 (3) Effect on eligibility. (a) If the employment for which the claimant receives assurance is not reasonably similar under sub. (2), the claimant is eligible for benefits based on services provided to or on behalf of an educational institution between academic years or terms or during established and customary vacation periods or holiday recesses under s. 108.04 (17) (a), (b) and (c) 108.04 (17) (a) to (i), Stats., if otherwise qualified. (b) If the employment for which the claimant receives assurance is reasonably similar under sub. (2), the claimant is not eligible for benefits based on services to or on behalf of an educational institution between academic years or terms or during established and customary vacation periods or holiday recesses under s. 108.04 (17) (a), (b) and (c) 108.04 (17) (a) to (i), Stats. Section 9. DWD 147.01 (2) is amended to read:
DWD 147.01 (2) This chapter enumerates which employers specifies the industries that the department shall consider to be primarily engaged in agricultural production, agricultural services, forestry, or commercial fishing, hunting, or trapping.
Section 10. DWD 147.02 is amended to read:
DWD 147.02 Affected employers. An employer shall be considered to be primarily engaged in agricultural production, agricultural services, forestry, or commercial fishing, hunting, or trapping if the department determines that the employer’s primary type of business activity is one of those specified in figure DWD 147.02 and assigns the employer one of the Standard Industrial Classification (SIC) codes listed in that figure. [see Figure 147.02 following] the current North American Industry Classification System, Sector 11 – Agriculture, Forestry, Fishing and Hunting.
Section 11. DWD 147.02 (Note) is created to read:
Section 12. Figure DWD 147.02 is repealed.
Section 13. DWD 149.001 (2) (c) 1. is amended to read:
DWD 149.001 (2) (c) 1. Information about the organization of the department’s unemployment insurance division and the labor and industrial review commission.
Section 14. DWD 150 (title) is repealed and recreated to read:
DWD 150 (Title) FORMS.
Section 15. EFFECTIVE DATE. This rule shall take effect on the first day of the month following publication in the Wisconsin administrative register, as provided under s. 227.22 (2) (intro.), Stats. Signed this ________ day of ______________________, 2022.
Amy Pechacek, Secretary-designee
