DWD 272.12(2)(g)7.7. When private automobile is used in travel away from home community. If an employee is offered public transportation but requests permission to drive their car instead, the employer may count as hours worked either the time spent driving the car or the time they would have had to count as hours worked during working hours if the employee had used the public conveyance.

DWD 272.12(2)(g)8.8. Work performed while traveling. Any work which an employee is required to perform while traveling must of course be counted as hours worked. An employee who drives a truck, bus, automobile, boat or airplane, or an employee who is required to ride therein as an assistant or helper, is working while riding, except during bona fide meal periods or when the employee is permitted to sleep in adequate facilities furnished by the employer.

DWD 272.12(2)(h)(h) Adjusting grievances, medical attention, civic and charitable work, and suggestion systems.

DWD 272.12(2)(h)1.1. Adjusting grievances. Time spent in adjusting grievances between an employer and employees during the time the employees are required to be on the premises is hours worked, but in the event a bona fide union is involved the counting of such time will, as a matter of enforcement policy, be left to the process of collective bargaining or to the custom or practice under the collective bargaining agreement.

DWD 272.12(2)(h)2.2. Medical attention. Time spent by an employee in waiting for and receiving medical attention on the premises or at the direction of the employer during the employee’s normal working hours on days when they are working, constitutes hours worked.

DWD 272.12(2)(h)3.3. Civic and charitable work. Time spent in work for public or charitable purposes at the employer’s request, or under their direction or control, or while the employee is required to be on the premises, is working time. However, time spent voluntarily in such activities outside of the employee’s normal working hours is not hours worked.

DWD 272.12(2)(h)4.4. Suggestions systems. Generally, time spent by employees outside of their regular working hours in developing suggestions under a general suggestion system is not working time, but if employees are permitted to work on suggestion during regular working hours the time spent must be counted as hours worked. Where an employee is assigned to work on the development of a suggestion, the time is considered hours worked.

DWD 272.12 HistoryHistory: Cr. Register, July, 1978, No. 271, eff. 8-1-78; corrections in (2) (f) 5. a. made under s. 13.93 (2m) (b) 6., Stats., Register, August, 1987, No. 380; cr. (2) (d) 1. and 5., am. (2) (d) 3. a. and 4., Register, February, 1996, No. 482, eff. 3-1-96; emerg. r. and recr. (2) (g) 6. eff 6-1-05; CR 05-056: r. and recr. (2) (g) 6. Register August 2005 No. 596, eff. 11-1-05; correction in (2) (f) 5. a. made under s. 13.92 (4) (b) 6., Stats., Register February 2009 No. 638.

DWD 272.13DWD 272.13 Forms. The following forms are listed in accordance with s. 227.23, Stats. These forms are issued by and may be obtained from the Equal Rights Division, Department of Workforce Development, P. O. Box 8928, Madison, Wisconsin, 53708.

DWD 272.13(1)(1) ERD-9247 Minimum Wage Rates.

DWD 272.13(2)(2) LS-37, Application for Subminimum Wage License. This particular form is used for both workers with disabilities and student learners. WH-226 is the application for a sheltered workshop to employ workers with disabilities at a subminimum wage. WH-227 is a supplement data sheet for sheltered workshop certificate. WH-247 is an application for a certificate for a training or evaluation program in a sheltered workshop. WH-249 is an application for a special individual rate in a sheltered workshop.

DWD 272.13 HistoryHistory: Cr. Register, July, 1978, No. 271, eff. 8-1-78; corrections in (intro.) made under s. 13.93 (2m) (b) 6., Stats., Register, August, 1987, No. 380; am. (intro.) and (1), Register, May, 1997, No. 497, eff. 6-1-97; CR 20-031: am. (2) Register October 2021 No. 790, eff. 11-1-21.

DWD 272.14DWD 272.14 Prohibition of displacement. An employer may not displace an employee solely for the purpose of hiring an employee to be paid the opportunity wage.