Chapter DWD 273

DWD 273.08(1) (1) Payment and records required. The employer of a traveling sales crew shall provide payment to its employees on the regularly agreed upon pay dates, which shall in no case be less often than semimonthly. The employer shall keep, for three years, the following records for all traveling sales crew workers:

DWD 273.08(1)(a) (a) Name and address.

DWD 273.08(1)(b) (b) Date of birth.

DWD 273.08(1)(c) (c) Date of entering and leaving employment.

DWD 273.08(1)(d) (d) Time of beginning and ending of work each day.

DWD 273.08(1)(e) (e) Time of beginning and ending of meal periods, when the traveling sales crew worker’s meal periods are required or when such meal periods are to be deducted from work time.

DWD 273.08(1)(f) (f) Total number of hours worked per day and per week.

DWD 273.08(1)(g) (g) Rate of pay and wages paid each payroll period.

DWD 273.08(1)(h) (h) The amount of and reason for each deduction from the wages earned.

DWD 273.08(1)(i) (i) Output of the traveling sales crew worker, if paid on other than time basis.

DWD 273.08(1)(j) (j) Documentation that the traveling sales crew worker has been paid the applicable minimum wage for all hours worked each pay period.

DWD 273.08(2) (2) Deductions. The employer may make deductions from pay as allowed under s. 103.34 (6) (b), Stats. The employer shall state clearly on the traveling sales crew worker’s paycheck, pay envelope, pay stub, other paper accompanying the wage payment, or simultaneously issued electronic statement corresponding to 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 traveling sales crew worker, except such miscellaneous deductions as may have been authorized by request of the individual traveling sales crew worker for reasons personal to himself or herself. The employer may use a reasonable coding system.

DWD 273.08 History History: EmR1011: emerg. cr. eff. 4-19-10; CR 09-110: cr. Register August 2010 No. 656, eff. 9-1-10; 2013 Wis. Act 361: am. (1) (intro.), (2) Register May 2014 No. 701, eff. 6-1-14.

DWD 273.09 DWD 273.09 Worker safety.

DWD 273.09(1) (1) Vehicles. The vehicle used to transport traveling sales crews shall be used for its intended use. The vehicle shall have all safety equipment required under state and federal laws. The safety equipment shall be operational as defined in these laws.

DWD 273.09(2) (2) Transportation of materials. If any motor vehicle is used by the operator of a traveling sales crew to carry the products or samples of the products that the traveling sales crew is selling, the following requirements apply:

DWD 273.09(2)(a) (a) If the product may pose any hazard to health due to contact with skin, or the breathing of fumes, or for any other reason, the operator shall obtain written information from the manufacturer or an equivalent source on the potential health hazards. The operator shall provide this information to all traveling sales crew workers and shall include the information provided in its application for a certificate of registration.

DWD 273.09(2)(b) (b) The operator shall prepare a plan for the storage of products that are carried with the traveling sales crew which specifies how the products are to be stored in the vehicle, and during any temporary storage outside of the vehicle, to minimize the risk of injury to traveling sales crew workers. The operator shall provide this information to all traveling sales crew workers and shall include the information provided in its application for a certificate of registration.

DWD 273.09 History History: EmR1011: emerg. cr. eff. 4-19-10; CR 09-110: cr. Register August 2010 No. 656, eff. 9-1-10.

DWD 273.10 DWD 273.10 Insurance. The registered operator of a traveling sales crew shall maintain in force the following insurance policies:

DWD 273.10(1) (1) Commercial automobile liability that provides minimum coverage limits of $500,000 per person, $2,000,000 per accident and $500,000 of physical damage.

DWD 273.10(2) (2) Commercial general liability that provides minimum coverage limits of $500,000 per occurrence and $1,000,000 aggregate.

DWD 273.10 History History: EmR1011: emerg. cr. eff. 4-19-10; CR 09-110: cr. Register August 2010 No. 656, eff. 9-1-10; numbering of (1) and (2) made under s. 13.92 (4) (b) 1., Stats., Register August 2010 No. 656.

DWD 273.11 DWD 273.11 Traveling sales crew worker permits and identification cards.

DWD 273.11(1) (1) Requirement. The operator of a traveling sales crew shall obtain a permit and identification card for each traveling sales crew worker who works in Wisconsin or who is recruited from Wisconsin before the traveling sales crew worker begins work.

DWD 273.11(2) (2) Application. In order to obtain a traveling sales crew worker permit and identification card from the department, the traveling sales crew operator shall submit to the department a government-issued picture ID, which shall include date of birth and permanent home address for each worker. Accompanying the government picture ID, a letter from the operator of the traveling sales crew shall be submitted which identifies the following:

DWD 273.11(2)(a) (a) The location where the traveling sales crew worker was recruited.

DWD 273.11(2)(b) (b) The locations where the traveling sales crew worker shall be working.

DWD 273.11(2)(c) (c) A description of the traveling sales crew worker’s general duties and responsibilities.

DWD 273.11(2)(d) (d) A description of the products being sold.

DWD 273.11(2)(e) (e) A statement verifying that the required disclosure statement has been provided to the traveling sales crew worker.

DWD 273.11(3) (3) Processing. Within ten calendar days after receipt of the completed application materials, the department shall complete its processing of the application and issue the permit and identification card.

DWD 273.11(4) (4) Operator requirement to carry permit and identification card. The operator of a traveling sales crew and anyone supervising or transporting a traveling sales crew worker shall carry at all times, while engaged in traveling sales crew activities, a copy of each permit and identification card. An operator shall provide a traveling sales crew worker’s permit and identification card upon the request of a deputy of the department, a law enforcement officer, or a person with whom the employer, traveling sales crew worker, agent, or representative is doing business.

DWD 273.11(5) (5) Traveling sales crew worker requirement to carry permit and identification card. While engaged in traveling sales crew activities, a traveling sales crew worker shall carry at all times his or her original traveling sales crew worker permit and identification card and his or her government-issued picture ID. A traveling sales crew worker shall provide any one or more of these documents upon the request of a deputy of the department, a law enforcement officer, or a person with whom the traveling sales crew worker is doing business.

DWD 273.11 History History: EmR1011: emerg. cr. eff. 4-19-10; CR 09-110: cr. Register August 2010 No. 656, eff. 9-1-10; 2013 Wis. Act 361: am. (title), (1), (2) (intro.), (3) to (5) Register May 2014 No. 701, eff. 6-1-14.

DWD 273.12 DWD 273.12 Wage claims. A person for whom an operator is required to obtain a traveling sales crew worker permit is entitled to file an unpaid wage complaint with the department under s. 109.09, Stats.

DWD 273.12 History History: EmR1011: emerg. cr. eff. 4-19-10; CR 09-110: cr. Register August 2010 No. 656, eff. 9-1-10.