103.90(2)(2) “Employer” means a person engaged in planting, cultivating, raising, harvesting, handling, drying, packing, packaging, processing, freezing, grading or storing any agricultural or horticultural commodity in its unmanufactured state who employs a migrant worker. 103.90(3)(a)(a) “Migrant labor camp” means the site and all structures maintained as living quarters by, for or under the control and supervision of any person for: 103.90(3)(a)2.2. Any other person who is not related by blood, marriage or adoption to his or her employer and who occasionally or habitually leaves an established place of residence to travel to another locality to accept seasonal employment in the planting, cultivating, raising, harvesting, handling, drying, packing, packaging, processing, freezing, grading or storing of any agricultural or horticultural commodity in its unmanufactured state. 103.90(3)(b)1.1. Premises occupied by the employer as a personal residence and by no more than 2 migrant workers. 103.90(4)(4) “Migrant labor contractor” means any person, who, for a fee or other consideration, on behalf of another person, recruits, solicits, hires, or furnishes migrant workers, excluding members of the contractor’s immediate family, for employment in this state. “Migrant labor contractor” shall not include an employer or any full-time regular employees of an employer who engages in any such activity for the purpose of supplying workers solely for the employer’s own operation. 103.90(5)(a)(a) “Migrant worker” or “worker” means any person who temporarily leaves a principal place of residence outside of this state and comes to this state for not more than 10 months in a year to accept seasonal employment in the planting, cultivating, raising, harvesting, handling, drying, packing, packaging, processing, freezing, grading or storing of any agricultural or horticultural commodity in its unmanufactured state. 103.90(5)(b)(b) “Migrant worker” or “worker” does not include the following: 103.90(5)(b)1.1. Any person who is employed only by a state resident if such resident or the resident’s spouse is related to the worker as one of the following: child, parent, grandchild, grandparent, brother, sister, aunt, uncle, niece, nephew, or the spouse of any such relative. 103.90(5)(b)2.2. A student who is enrolled or, during the past 6 months has been enrolled, in any school, college or university unless the student is a member of a family or household which contains a migrant worker. 103.90(5)(c)(c) No more than 3 persons otherwise included in the definition under par. (a) may be excluded under par. (b) 1. 103.90 Annotation“Sharecropping” or other agreements attempting to establish a migrant worker as an independent contractor violate migrant law. 71 Atty. Gen. 92. 103.905103.905 Department’s duties. The department shall: 103.905(2)(2) Cooperate and enter into agreements with departments or agencies of this state or of the United States to coordinate, administer or enforce all other laws and programs designed to assist, serve or protect migrant workers. 103.905(3)(3) Gather, compile and submit to the council on migrant labor data and information relative to ss. 103.90 to 103.97. 103.905(4)(4) Investigate, or cause to be investigated, any complaint filed with the department concerning any violation of ss. 103.90 to 103.97, and during reasonable daylight hours, and upon notice to the employer or person in charge, enter and inspect any premises, inspect such records and make transcriptions thereof, question such persons, and investigate such facts, conditions, practices or matters as may be necessary or appropriate to determine whether a violation of such sections has been committed. 103.905(5)(5) Enforce, or cause to be enforced, ss. 103.90 to 103.97 and any rules promulgated under ss. 103.90 to 103.97, and cooperate with other officers, departments, boards, agencies or commissions of this state, or of the United States, or of any other state, or of any local government in the enforcement of such sections. 103.905 HistoryHistory: 1977 c. 17. 103.905 Cross-referenceCross-reference: See also ch. DWD 301, Wis. adm. code. 103.91103.91 Migrant labor contractors. 103.91(1)(1) Registration required. No person may engage in activities as a migrant labor contractor without first obtaining a certificate of registration from the department. The certificate shall constitute a permit from this state to operate as a migrant labor contractor, and shall not be transferable to any person. 103.91(2)(a)(a) A migrant labor contractor shall apply to the department for a certificate in such manner and on such forms as the department prescribes. The migrant labor contractor may submit a copy of a federal application filed under 7 USC 2045 in lieu of the forms prescribed by the department under this paragraph.