SB197: Bill Text

Finally, current law allows DWD to require a claimant to participate in a public employment office workshop or training program. The bill provides that DWD must require a claimant to participate in a public employment office workshop or training program if the claimant is likely to exhaust regular UI benefits. DWD may also require other claimants to participate in a public employment office workshop or training program, but must prioritize claimants more likely to have difficulty obtaining reemployment.

Reemployment Services and Eligibility Assessment grants

Under federal law, the United States Department of Labor (USDOL) operates the Reemployment Services and Eligibility Assessment (RESEA) program, whereby grants are awarded to states to provide reemployment services to claimants. Participation in the RESEA program is voluntary and requires that a state submit a state plan to USDOL that outlines how the state intends to conduct a program of reemployment services and eligibility assessments.

The bill requires that DWD act to continue to participate in the RESEA program and requires DWD to provide certain RESEA services to all UI claimants.

For further information see the state and local 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:

SB197,1 Section 1. 15.223 (2) of the statutes is created to read:

SB197,2,3 15.223 (2) Division of reemployment assistance. There is created in the department of workforce development a division of reemployment assistance.

SB197,2 Section 2. 40.02 (22) (b) 3. of the statutes is amended to read:

SB197,2,6 40.02 (22) (b) 3. Unemployment insurance or reemployment assistance benefits.

SB197,3 Section 3. 40.65 (5) (b) 2. of the statutes is amended to read:

SB197,2,9 40.65 (5) (b) 2. Any unemployment insurance or reemployment assistance benefit payable to the participant because of his or her work record.

SB197,4 Section 4. 49.147 (3) (ac) 2. of the statutes is amended to read:

SB197,3,2 49.147 (3) (ac) 2. State and federal unemployment reemployment assistance contributions or federal unemployment taxes.

SB197,5 Section 5. 49.163 (3) (a) 3. c. of the statutes is amended to read:

SB197,3,5 49.163 (3) (a) 3. c. State reemployment assistance contributions and federal unemployment insurance contributions or taxes, if any.

SB197,6 Section 6. 71.67 (7) (title) of the statutes is amended to read:

SB197,3,8 71.67 (7) (title) Withholding from unemployment compensation insurance reemployment assistance.

SB197,7 Section 7. 105.01 (1) (b) 1. of the statutes is amended to read:

SB197,3,15 105.01 (1) (b) 1. The person employing the individuals in addition to wages or salaries pays federal social security taxes, state reemployment assistance contributions, 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 rendering services to, for or under the direction of a 3rd person; and

SB197,8 Section 8. 105.115 (2) (b) of the statutes is amended to read:

SB197,4,2 105.115 (2) (b) A statement of the employment status of the home care worker, specifically, whether the home care worker is an employee of the home care placement agency or of the home care consumer or is an independent contractor and a statement identifying which party is responsible for paying the wages or salary of the home care worker, paying federal social security taxes and state reemployment assistance contributions and federal unemployment contributions or taxes with respect to the home care worker, and procuring worker’s compensation or liability insurance covering injury to the home care worker.

SB197,9 Section 9. 105.115 (2) (c) of the statutes is amended to read:

SB197,4,12 105.115 (2) (c) A statement that, notwithstanding the employment status of the home care worker specified in the notice, the home care consumer may be determined to be the employer of the home care worker for purposes of certain state and federal labor laws and that, if that is the case, the home care consumer may be held responsible for paying the wages or salary of the home care worker, paying federal social security taxes and state reemployment assistance contributions and federal unemployment contributions or taxes with respect to the home care worker, procuring worker’s compensation or liability insurance covering injury to the home care worker, and complying with various other state and federal labor laws.

SB197,10 Section 10. 105.115 (3) (a) 1. of the statutes is amended to read:

SB197,4,18 105.115 (3) (a) 1. A statement identifying which party is responsible for paying the wages or salary of the home care worker, paying federal social security taxes and state reemployment assistance contributions and federal unemployment contributions or taxes with respect to the home care worker, and procuring worker’s compensation or liability insurance covering injury to the home care worker.

SB197,11 Section 11. 105.115 (4) (b) 1. of the statutes is amended to read:

SB197,5,7 105.115 (4) (b) 1. If the department finds that a home care placement agency has failed to provide a home care consumer with the notice required under sub. (2) and that the home care consumer is liable for the payment of federal social security taxes or state reemployment assistance contributions or federal unemployment contributions or taxes with respect to the home care worker, for the provision of worker’s compensation or liability insurance covering injury to the home care worker, for the payment of any fine or penalty imposed on the home care consumer for noncompliance with any state or federal labor law with respect to the home care worker, or for any injury to the home care worker, the department may recover from the home care placement agency, on behalf of the home care consumer, an amount equal to the total cost of those liabilities.

SB197,12 Section 12. 105.115 (4) (b) 3. of the statutes is amended to read:

SB197,5,21 105.115 (4) (b) 3. In the case of a home care consumer who commences an action in circuit court under par. (a), if the circuit court finds that the home care placement agency has failed to provide the home care consumer with the notice required under sub. (2) and that the home care consumer is liable for the payment of federal social security taxes or state reemployment assistance contributions or federal unemployment contributions or taxes with respect to the home care worker, for the provision of worker’s compensation or liability insurance covering injury to the home care worker, for the payment of any fine or penalty imposed on the home care consumer for noncompliance with any state or federal labor law with respect to the home care worker, or for any injury to the home care worker, the court may order the home care placement agency to pay to the home care consumer an amount equal to the total cost of those liabilities, together with costs under ch. 814 and, notwithstanding s. 814.04 (1), reasonable attorney fees.

SB197,13 Section 13. 106.38 (3) (c) 3. of the statutes is amended to read:

SB197,6,2 106.38 (3) (c) 3. State reemployment assistance contributions and federal unemployment insurance contributions or taxes, if any.

SB197,14 Section 14. Chapter 108 (title) of the statutes is repealed and recreated to read:

SB197,6,6 CHAPTER 108 REEMPLOYMENT ASSISTANCE

SB197,15 Section 15. 108.01 (2m) of the statutes is created to read:

SB197,6,12 108.01 (2m) The federal Social Security Act requires that, in order for an individual to be eligible for reemployment assistance benefits, the individual must be able to work, available to work, and actively seeking work. The reemployment assistance program in Wisconsin should enact and focus on policies that complement individuals’ efforts to find employment.

SB197,16 Section 16. 108.013 of the statutes is created to read:

SB197,6,18 108.013 Name of program. The program established under this chapter and administered by the department shall be referred to as the “Reemployment Assistance Program,” and the benefits available under this chapter shall be referred to as “reemployment assistance benefits.” This section applies notwithstanding any provision referring to “unemployment insurance.”

SB197,17 Section 17. 108.02 (21r) of the statutes is created to read:

SB197,6,23 108.02 (21r) Reemployment assistance. “Reemployment assistance,” when used in reference to the law of another state or jurisdiction or the federal government, includes an unemployment insurance law of that state or jurisdiction or the federal government.

SB197,18 Section 18. 108.04 (2) (a) 3. of the statutes is amended to read:

SB197,7,14 108.04 (2) (a) 3. The claimant conducts a reasonable search for suitable work during that week and provides verification of that search to the department. The search for suitable work must include at least 4 actions per week that constitute a reasonable search as prescribed by rule of the department. The department shall require, for the 3rd or subsequent week of the claimant’s benefit year, that at least 2 actions per week be direct contacts with potential employing units. In addition, the department may, by rule, require a claimant to take more than 4 reasonable work search actions in any week. The department shall require a uniform number of reasonable work search actions for similar types of claimants. The department may require a claimant to apply for one or more of the potential opportunities provided to the claimant under sub. (15) (a) 1. and may refer a claimant to opportunities with a temporary help company as part of the required search for suitable work under this subdivision.

SB197,19 Section 19. 108.04 (2) (a) 4. of the statutes is renumbered 108.04 (2) (a) 4. (intro.) and amended to read:

SB197,7,18 108.04 (2) (a) 4. (intro.) If the claimant is claiming benefits for a week other than an initial week, the claimant provides does all of the following:

SB197,7,20 a. Provides information or job application materials that are requested by the department and participates.

SB197,7,23 b. Participates in a public employment office workshop or training program or in similar reemployment services that are required by the department under sub. (15) (a) 2.

SB197,20 Section 20. 108.04 (2) (a) 4. c. of the statutes is created to read:

SB197,8,3 108.04 (2) (a) 4. c. Submits and keeps posted on the department’s job center website a current resume, if the claimant resides in this state.

SB197,21 Section 21. 108.04 (2) (a) 5. of the statutes is created to read:

SB197,8,6 108.04 (2) (a) 5. The claimant completes any reemployment counseling session required of the claimant under sub. (15) (ao) 1.

SB197,22 Section 22. 108.04 (12) (b) of the statutes is amended to read:

SB197,8,11 108.04 (12) (b) Any individual who receives, through the department, any other type of unemployment or reemployment assistance benefit or allowance for a given week is ineligible for benefits for that same week under this chapter, except as specifically required for conformity with 19 USC 2101 to 2497b.

SB197,23 Section 23. 108.04 (15) (a) (intro.) and 1. of the statutes are consolidated, renumbered 108.04 (15) (a) 1. and amended to read:

SB197,8,23 108.04 (15) (a) 1. Except as provided in par. (b), the department may do any of the following shall, for the purpose of assisting claimants to find or obtain work: 1. Use, use the information or, materials, and resume provided under sub. (2) (a) 4. to assess a claimant’s efforts, skills, and ability to find or obtain work and to develop a list of potential opportunities for a the claimant to obtain suitable work. A claimant who otherwise satisfies the requirement under sub. (2) (a) 3. is not required to apply for any specific positions on the list in order to satisfy that requirement The department shall provide each claimant, prior to the claimant filing a weekly claim for benefits, with at least 4 such potential opportunities each week, one or more of which may be opportunities with a temporary help company.

SB197,24 Section 24. 108.04 (15) (a) 2. of the statutes is renumbered 108.04 (15) (a) 2. a. and amended to read:

SB197,9,8 108.04 (15) (a) 2. a. Require Except as provided in par. (b), the department shall require a claimant whom the department identifies as likely to exhaust regular benefits to participate in a public employment office workshop or training program or in similar reemployment services that do not charge the claimant a participation fee and that offer instruction to improve the claimant’s ability to obtain suitable work.

SB197,25 Section 25. 108.04 (15) (a) 2. b. of the statutes is created to read:

SB197,9,13 108.04 (15) (a) 2. b. Except as provided in par. (b), in addition to the claimants described in subd. 2. a., the department may require other claimants to participate in the reemployment services described in subd. 2. a., but the department shall prioritize claimants who are more likely to have difficulty obtaining reemployment.

SB197,26 Section 26. 108.04 (15) (am) and (ao) of the statutes are created to read:

SB197,9,19 108.04 (15) (am) In carrying out this state’s program of reemployment services and eligibility assessments using grant funds awarded under 42 USC 506, the department shall, except as provided in par. (b), provide reemployment services to all claimants receiving benefits, including benefits under ss. 108.141 and 108.142, including by doing all of the following for each such claimant:

SB197,9,21 1. Requiring the claimant to complete an online assessment aimed at identifying the claimant’s skills, abilities, and career aptitude.

SB197,9,23 2. Coordinating with the claimant to develop an individualized employment plan for the claimant.

SB197,10,3 3. Requiring the claimant to participate in the services described under par. (a) 2. a. as needed pursuant to the individualized employment plan described in subd. 2.

SB197,10,6 (ao) Except as provided in par. (b), the department shall, when a claimant’s remaining benefit entitlement under s. 108.06 (1) is 3 or less times the claimant’s weekly benefit rate under s. 108.05 (1), do all of the following:

SB197,10,8 1. Require the claimant to participate in a live, one-on-one reemployment counseling session between the claimant and an employee of the department.

SB197,10,12 2. Provide the claimant information about services and benefits that are available to the claimant pursuant to the federal Workforce Innovation and Opportunity Act of 2014, 29 USC 3101 to 3361, once the claimant exhausts his or her benefit entitlement.

SB197,27 Section 27. 108.13 (4) (a) 4. of the statutes is renumbered 108.13 (4) (a) 2m. and amended to read:

SB197,10,18 108.13 (4) (a) 2m. “Unemployment insurance” “Reemployment assistance” means any compensation payable under this chapter, including amounts payable by the department pursuant to an agreement under any federal law providing for compensation, assistance or allowances with respect to unemployment.

SB197,28 Section 28. 108.14 (1) of the statutes is amended to read:

SB197,10,21 108.14 (1) This chapter shall be administered by the department through its division of reemployment assistance.

SB197,29 Section 29. 108.14 (8o) of the statutes is created to read:

SB197,11,2 108.14 (8o) The department shall act to continue to receive grants for reemployment services and eligibility assessments under 42 USC 506.

SB197,30 Section 30. 108.141 (1) (b) 3. of the statutes is amended to read:

SB197,11,11 108.141 (1) (b) 3. Has no right to unemployment reemployment assistance benefits or allowances, as the case may be, under the railroad unemployment insurance act or such other federal laws as are specified in regulations issued by the U.S. secretary of labor, and has not received and is not seeking unemployment reemployment assistance benefits under the unemployment insurance reemployment assistance law of Canada, but if the individual is seeking such benefits and the appropriate agency finally determines that he or she is not entitled to benefits under such law he or she is an exhaustee.

SB197,31 Section 31. 108.142 (1) (h) 3. of the statutes is amended to read:

SB197,11,20 108.142 (1) (h) 3. Has no right to unemployment reemployment assistance benefits or allowances under the railroad unemployment insurance act or such other federal laws as are specified in regulations issued by the U.S. secretary of labor, and has not received and is not seeking unemployment reemployment assistance benefits under the unemployment insurance reemployment assistance law of Canada, but if the individual is seeking such benefits and the appropriate agency finally determines that he or she is not entitled to benefits under that law, the individual is an “exhaustee”.

SB197,32 Section 32. 108.19 (1m) of the statutes is amended to read:

SB197,12,18 108.19 (1m) Each employer subject to this chapter as of the date a rate is established under this subsection shall pay an assessment to the unemployment reemployment assistance interest payment fund at a rate established by the department sufficient to pay interest due on advances from the federal unemployment account under Title XII of the federal social security act, 42 USC 1321 to 1324. The rate established by the department for employers who finance benefits under s. 108.15 (2), 108.151 (2), or 108.152 (1) shall be 75 percent of the rate established for other employers. The amount of any employer’s assessment shall be the product of the rate established for that employer multiplied by the employer’s payroll of the previous calendar year as taken from quarterly employment and wage reports filed by the employer under s. 108.205 (1) or, in the absence of the filing of such reports, estimates made by the department. Each assessment made under this subsection is due within 30 days after the date the department issues the assessment. If the amounts collected from employers under this subsection exceed the amounts needed to pay interest due, the department shall use any excess to pay interest owed in subsequent years on advances from the federal unemployment account. If the department determines that additional interest obligations are unlikely, the department shall transfer the excess to the balancing account of the fund, the unemployment reemployment assistance program integrity fund, or both in amounts determined by the department.

SB197,33 Section 33. 111.39 (4) (c) of the statutes is amended to read:

SB197,13,19 111.39 (4) (c) If, after hearing, the examiner finds that the respondent has engaged in discrimination, unfair honesty testing or unfair genetic testing, the examiner shall make written findings and order such action by the respondent as will effectuate the purpose of this subchapter, with or without back pay. If the examiner awards any payment to an employee because of a violation of s. 111.321 by an individual employed by the employer, under s. 111.32 (6), the employer of that individual is liable for the payment. If the examiner finds a respondent violated s. 111.322 (2m), the examiner shall award compensation in lieu of reinstatement if requested by all parties and may award compensation in lieu of reinstatement if requested by any party. Compensation in lieu of reinstatement for a violation of s. 111.322 (2m) may not be less than 500 times nor more than 1,000 times the hourly wage of the person discriminated against when the violation occurred. Back pay liability may not accrue from a date more than 2 years prior to the filing of a complaint with the department. Interim earnings or amounts earnable with reasonable diligence by the person discriminated against or subjected to unfair honesty testing or unfair genetic testing shall operate to reduce back pay otherwise allowable. Amounts received by the person discriminated against or subject to the unfair honesty testing or unfair genetic testing as unemployment reemployment assistance benefits or welfare payments shall not reduce the back pay otherwise allowable, but shall be withheld from the person discriminated against or subject to unfair honesty testing or unfair genetic testing and immediately paid to the unemployment reserve fund or, in the case of a welfare payment, to the welfare agency making the payment.

SB197,34 Section 34. 230.43 (4) of the statutes is amended to read:

SB197,14,12 230.43 (4) Rights of employee. If an employee has been removed, demoted or reclassified, from or in any position or employment in contravention or violation of this subchapter, and has been restored to such position or employment by order of the commission or any court upon review, the employee shall be entitled to compensation therefor from the date of such unlawful removal, demotion or reclassification at the rate to which he or she would have been entitled by law but for such unlawful removal, demotion or reclassification. Interim earnings or amounts earnable with reasonable diligence by the employee shall operate to reduce back pay otherwise allowable. Amounts received by the employee as unemployment reemployment assistance benefits or welfare payments shall not reduce the back pay otherwise allowable, but shall be withheld from the employee and immediately paid to the unemployment reserve fund or, in the case of a welfare payment, to the welfare agency making such payment. The employee shall be entitled to an order of mandamus to enforce the payment or other provisions of such order.

SB197,35 Section 35. 230.85 (3) (d) of the statutes is amended to read:

SB197,14,21 230.85 (3) (d) Interim earnings or amounts earnable with reasonable diligence by the person subjected to the retaliatory action or threat shall reduce back pay otherwise allowable. Amounts received by the person subjected to the retaliatory action or threat as unemployment reemployment assistance benefits or welfare payments do not reduce the back pay otherwise allowable, but shall be withheld from the person subjected to the retaliatory action or threat and immediately paid to the unemployment reserve fund or to the welfare agency making the payment.

SB197,36 Section 36. 779.01 (2) (am) of the statutes is amended to read:

SB197,15,2 779.01 (2) (am) “Labor” includes any wages and related contributions for state employment taxes, worker’s compensation and unemployment compensation insurance reemployment assistance, and other fringe benefits.

SB197,37 Section 37. Terminology changes.