Chapter DWD 301

Chapter DWD 301

MIGRANT LABOR

DWD 301.01   Scope.

DWD 301.015   Definitions.

DWD 301.02   Data.

DWD 301.03   Forms.

DWD 301.04   Complainant confidentiality.

DWD 301.05   Migrant labor contractors.

DWD 301.06   Work agreements and written disclosures.

DWD 301.07   Migrant labor camps.

DWD 301.075   Disease and illness prevention and control.

DWD 301.08   Wages.

DWD 301.09   Field sanitation standards.

DWD 301.13   Violation penalty fees.

DWD 301.135   Hearings.

DWD 301.14   Posting of migrant worker rights.

Ch. DWD 301 Note Note: Chapter Ind 49, Migrant Labor Camps as it existed on April 30, 1978 was repealed and a new chapter Ind 201, Migrant Labor was created effective May 1, 1978. Chapter Ind 201 was revised and renumbered to be chapter ILHR 301 effective March 1, 1993. Chapter ILHR 301, as it existed on December, 31, 1997 was renumbered to be chapter DWD 301 effective January 1, 1998.

DWD 301.01 DWD 301.01 Scope. This chapter is promulgated pursuant to and for the enforcement and implementation of ss. 103.90 to 103.97, Stats.

DWD 301.01 History History: Cr. Register, April, 1978, No. 268, eff. 5-1-78; renum. from Ind 201.01, Register, February, 1993, eff. 3-1-93.

DWD 301.015 DWD 301.015 Definitions. In this chapter and as applied under ss. 103.90 to 103.97, Stats:

DWD 301.015 Note Note: For terms that are not used in this chapter, this section includes notes identifying the statutes in which the terms are used.

DWD 301.015(1) (1) “Agricultural or horticultural commodity” has the meaning given in 29 CFR 780.112.

DWD 301.015(2) (2) “Applicable wage rate” means the actual anticipated straight-time hourly rates that a worker will be paid and any other wages, as defined in s. 109.01 (3), Stats., that are payable to the worker.

DWD 301.015(3) (3) “Camp operator” means a person who maintains a migrant labor camp.

DWD 301.015(4) (4) “Common use facility” means a structure or area other than sleeping or living quarters that is designed for use by occupants who are not members of the same family.

DWD 301.015(5) (5) “Common use room, shower facility, or toilet facility” means a room, toilet facility, or shower facility that is designed for use by occupants who are not members of the same family.

DWD 301.015(6) (6) “Communicable disease” means a disease listed in ch. DHS 145 Appendix A.

DWD 301.015(7) (7) “Department” means the department of workforce development.

DWD 301.015(8) (8) “Employer” has the meaning given in s. 103.90 (2), Stats.

DWD 301.015(9) (9) “Employer’s own operation” means any farm or other business enterprise wholly owned or managed by the employer.

DWD 301.015 Note Note: The above term is used in the definition of “migrant labor contractor” at s. 103.90 (4), Stats.

DWD 301.015(10) (10) “Employment” means the act of having direction and control of any worker, being responsible for the wages of a worker, or allowing a worker to perform work for the worker’s employer.

DWD 301.015(11) (11) “Fee or other consideration” means money or anything of value or benefit paid or promised to be paid for services as a migrant labor contractor.

DWD 301.015 Note Note: The above term is used in the definition of “migrant labor contractor” at s. 103.90 (4), Stats.

DWD 301.015(12) (12) “Habitable room” has the meaning given in s. SPS 320.07 (37).

DWD 301.015(13) (13) “Hand labor” means that work that is performed by hand or with hand tools in the field.

DWD 301.015(14) (14) “Handwashing facility” means a facility provided with running water for washing hands, arms, face, and head, including lavatories, basins, and sinks, both for cleanliness and for safety purposes.

DWD 301.015(15) (15) “Immediate family” means any of the following:

DWD 301.015(15)(a) (a) A spouse.

DWD 301.015(15)(b) (b) Natural, adopted, or foster children; stepchildren; and legal wards.

DWD 301.015(15)(c) (c) Natural, foster, or adoptive parents; stepparents; and legal guardians.

DWD 301.015(15)(d) (d) Brothers, sisters, and half brothers and sisters.

DWD 301.015(15)(e) (e) Grandparents.

DWD 301.015 Note Note: The above term is used in the definition of “migrant labor contractor” at s. 103.90 (4), Stats., and in s. DWD 301.07 (23) (b).

DWD 301.015(16) (16) “Migrant labor camp” has the meaning given in s. 103.90 (3), Stats.

DWD 301.015(17) (17) “Migrant labor contractor” has the meaning given in s. 103.90 (4), Stats.

DWD 301.015(18) (18) “Migrant worker” or “worker” has the meaning given in s. 103.90 (5), Stats.

DWD 301.015(19) (19) “Occupant” means any person who lives in a migrant labor camp.

DWD 301.015(20) (20) “Recruit or “recruitment” means to offer, or the offer of, employment to a migrant worker whether by personal contact, telephone, correspondence, or a recall notice due to a union contract.

DWD 301.015(21) (21) “Regular employee” means a person employed year round by an employer and who engages in activities as a migrant labor contractor solely for the employer.

DWD 301.015 Note Note: The above term is used in the definition of “migrant labor contractor” at s. 103.90 (4), Stats.

DWD 301.015(22) (22) “Service buildings” means common use facilities for toilets, lavatories, showers, and laundry facilities.

DWD 301.015(23) (23) “Terms and conditions of employment” includes job assignment, layoffs, discharge, filling vacancies, transfers, job bidding, seniority, hours, work schedule, overtime pay, leave of absence, benefits, insurance, pension, vacation, holiday leave, sick leave, and general working conditions.

DWD 301.015(24) (24) “Toilet facility” means a facility provided for the purpose of defecation or urination, or both, including water closets and biological or chemical toilets, and urinals.

DWD 301.015(25) (25) “Wisconsin commercial building code” means chs. SPS 361 to 366.

DWD 301.015(26) (26) “Working day” means any day except Saturday, Sunday, and holidays designated in s. 230.35 (4) (a), Stats.

DWD 301.015 History History: CR 23-030: cr. (title), (intro.), (1), (2), renum. (3), (4) from DWD 301.07 (5) (a), (b) and, as renumbered, am. (4), cr. (5) to (8), renum. (9), (10), (11) from DWD 301.05 (6), DWD 301.06 (2), and DWD 301.05 (4) and am., cr. (12), renum. (13), (14) from DWD 301.09 (6) (a), (b) and am., cr. (15) to (18), renum. (19), (20), (21), (22), (23), (24) from DWD 301.07 (5) (c), DWD 301.06 (2m), DWD 301.05 (5), DWD 301.07 (5) (d), DWD 301.06 (10), and DWD 301.09 (6) (e) and, as renumbered, am. (20) to (23), cr. (25), (26) Register January 2024 No. 817, eff. 2-1-24.