103.43(1)(a)2.2. The amount and character of the compensation to be paid for work. 103.43(1)(a)4.4. The failure to state in any advertisement, proposal or contract for the employment that there is a strike or lockout at the place of the proposed employment, when a strike or lockout then actually exists in the employment at the proposed place of employment. 103.43(1)(b)(b) Any of the acts described in par. (a) shall be considered a false advertisement or misrepresentation for the purposes of this section. 103.43(1m)(1m) A strike or lockout is considered to exist as long as any of the following conditions exists: 103.43(1m)(b)(b) Unemployment on the part of workers affected continues. 103.43(1m)(e)(e) Publication is being made of the existence of a strike or lockout. 103.43(2)(2) Any person who, by himself or herself, or by a servant or agent, or as the servant or agent of any other person, or as an officer, director, servant or agent of any firm, corporation, association or organization of any kind, violates sub. (1) (a) shall be fined not more than $2,000 or imprisoned in the county jail for not more than one year or both. 103.43(3)(3) Any worker who is influenced, induced or persuaded to engage with any person specified in sub. (1) (a), through or by means of any of the acts prohibited in sub. (1) (a), shall have a right of action for recovery of all damages that the worker sustains in consequence of the false or deceptive representation, false advertising or false pretenses used to induce the worker to change his or her place of employment in this state or to accept employment in this state, against any person, corporation, company or association, directly or indirectly, causing the damage. In addition to all actual damages that the worker may sustain, the worker shall be entitled to recover reasonable attorney fees as determined by the court, to be taxed as costs in any judgment recovered. 103.45103.45 Time checks; penalty. All persons paying wages in time checks or paper, other than legal money, shall make those time checks or that paper payable in some designated place of business in the county in which the work was performed or at the office of the person paying the wages if within this state, or at any bank within this state. Any person failing to comply with this section shall be fined not less than $10 nor more than $100. 103.45 HistoryHistory: 1997 a. 253. 103.455103.455 Deductions for faulty workmanship, loss, theft or damage. No employer may make any deduction from the wages due or earned by any employee, who is not an independent contractor, for defective or faulty workmanship, lost or stolen property or damage to property, unless the employee authorizes the employer in writing to make that deduction or unless the employer and a representative designated by the employee determine that the defective or faulty workmanship, loss, theft or damage is due to the employee’s negligence, carelessness, or willful and intentional conduct, or unless the employee is found guilty or held liable in a court of competent jurisdiction by reason of that negligence, carelessness, or willful and intentional conduct. If any deduction is made or credit taken by any employer that is not in accordance with this section, the employer shall be liable for twice the amount of the deduction or credit taken in a civil action brought by the employee. Any agreement entered into between an employer and employee that is contrary to this section shall be void. In case of a disagreement between the 2 parties, the department shall be the 3rd determining party, subject to any appeal to the court. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding to recover a deduction under this section. 103.455 HistoryHistory: 1989 a. 228; 1997 a. 253. 103.455 AnnotationThe consent of the employee may only serve as a basis for a deduction if it is given in writing after the loss and before the deduction. Donovan v. Schlesner, 72 Wis. 2d 74, 240 N.W.2d 135 (1976). 103.455 AnnotationTermination of an employee-at-will may violate the public policy underlying this section. Wandry v. Bull’s Eye Credit Union, 129 Wis. 2d 37, 384 N.W.2d 325 (1986). 103.455 AnnotationCommissions earned over and above a salary are wages under this section. The six-year statute of limitations, under s. 893.43, applicable to claims for commissions applies to the recovery of deductions from commissions under this section. A claimant need not first bring a claim before the Department of Industry, Labor and Human Relations if the employer has never given the employee an opportunity to contest the deductions. Erdman v. Jovoco, Inc., 181 Wis. 2d 736, 512 N.W.2d 487 (1994). 103.455 AnnotationThe exception to the at-will employment doctrine, founded on well-defined public policy found in this section, does not reach every potential deduction by an employer from an employee’s wages. Batteries Plus, LLC v. Mohr, 2001 WI 80, 244 Wis. 2d 559, 628 N.W.2d 364, 99-1319. 103.455 AnnotationThis section necessarily creates a separate and distinct claim from simple breach of contract, and it must be pled as such. Wolnak v. Cardiovascular & Thoracic Surgeons of Central Wisconsin, 2005 WI App 217, 287 Wis. 2d 560, 706 N.W.2d 667, 04-1051. 103.455 AnnotationOnce an employee earns wages, this section protects that employee from having the employer deduct those earned wages on charges that the employee was responsible for defective or faulty workmanship, or lost or stolen property or damaged property unless one of three things occurs. The public policy goal of the statute is to prevent the employer from arbitrarily deducting hard earned wages at its prerogative. Farady-Sultze v. Aurora Medical Center of Oshkosh, Inc., 2010 WI App 99, 327 Wis. 2d 110; 787 N.W.2d 433, 09-2429. 103.455 AnnotationAn employer who fired an employee after discovering that it had mistakenly overpaid her and concluding that the employee kept those overpayments to herself, did not run afoul of this statute or the public policy. The employee never earned the extra payments, and the statute does not protect her. Farady-Sultze v. Aurora Medical Center of Oshkosh, Inc., 2010 WI App 99, 327 Wis. 2d 110; 787 N.W.2d 433, 09-2429. 103.457103.457 Listing deductions from wages. An employer shall state clearly on the employee’s pay check, pay envelope, or paper accompanying the wage payment the amount of and reason for each deduction from the wages due or earned by the employee, except such miscellaneous deductions as may have been authorized by request of the individual employee for reasons personal to the employee. A reasonable coding system may be used by the employer. 103.457 HistoryHistory: 1993 a. 492. 103.46103.46 Contracts; promises to withdraw from or not to join labor, employers’ or cooperative organizations are void. Every undertaking or promise, whether written or oral, express or implied, constituting or contained in any of the following is declared to be contrary to public policy and wholly void and shall not afford any basis for the granting of any legal or equitable relief by any court: