Wisconsin has amended its Unemployment Insurance and Reserves Act as follows:
Definition of "employee." Effective December 31, 2010, with respect to contribution requirements and benefit eligibility, an individual performing services for an employing unit for pay is an employee whether or not he or she is paid directly by the employer, except this definition does not apply to an individual performing services for an employing unit other than a government unit or nonprofit organization in a capacity other than as a logger or trucker, if the employing unit satisfies the Department that the individual meets the following conditions by contract and in fact:
The services of the individual are performed free from control or direction by the employing unit and the individual meets six or more of the following conditions. He or she advertises or otherwise affirmatively holds himself or herself out as being in business; maintains his or her own office or performs most of the services in a facility or location chosen by the individual and uses his or her own equipment or materials; operates under multiple contracts with one or more employing units to perform specific services; incurs the main expenses related to the services that he or she performs under contract; is obligated to redo unsatisfactory work for no additional compensation or is subject to a monetary penalty for unsatisfactory work; performs services that do not directly relate to the employing unit retaining the services; may realize a profit or suffer a loss under contracts to perform such services; has recurring business liabilities or obligations; or is not economically dependent upon a particular employing unit with respect to the services being performed.
Definition of "employment." Employment does not includes work performed as a member of an elective legislative body or the judiciary of an Indian tribe or by an individual receiving work relief or work training as part of an unemployment work-relief or work training program assisted or financed in whole or in part by any federal agency or by an agency of a state or political subdivision or by an Indian tribe.
Effective with respect to contribution requirements, the following first applies with respect to services performed after December 31, 2010. With respect to benefit eligibility, the following first applies with respect to benefit years beginning on January 2, 2011. "Employment," as applied to work for an employer other than a government unit or a nonprofit organization, does not include service provided by an individual to an ill or disabled family member as personal care or companionship.
Indian tribes. Certain changes have also been made to the reimbursement financing process for Indian tribes, effective December 31, 2010.
Full-time work. "Full-time work" means work performed for 32 or more hours per week.
Qualifying requirements. A claimant is eligible for benefits as to any given week only if he or she: Is able to work and available for work during that week, has registered for work, and conducts a reasonable search for suitable work during that week.
Voluntary termination. Voluntary termination is not applicable to an employee who terminates his or her part-time work if the employee is otherwise eligible to receive benefits because of the loss of his or her full-time employment and the loss of the full-time employment makes it economically unfeasible for the employee to continue the part-time work.
In addition, voluntary termination is not applicable to an employee who terminates his or her work in one of two or more concurrently held positions, at least one of which is full-time work, if the employee terminates the work before receiving notice of termination from a full-time position.
Approved training. "Approved training" means:
1. A course of vocational training or basic education which is a prerequisite to such training in which an individual is enrolled if:
a. The course is expected to increase the individual's opportunities to obtain employment;
b. The course is given by a school or another training institution approved by the Department;
c. The individual is enrolled full time as determined by the training institution;
d. The course does not grant substantial credit leading to a bachelor's or higher degree; and
e. The individual is attending regularly and making satisfactory progress in the course.
2. A program administered by the Department for the training of unemployed workers, other than the youth apprenticeship program.
3. The plan of any state for training under the federal trade act; or
4. A plan for training approved under the federal workforce investment act.
The Department will not deny benefits as a result of the individual's leaving unsuitable work to enter or continue training, as a result of the individual's leaving work that he or she engaged in on a temporary basis during a break in the training or a delay in the commencement of the training, or because the individual left on-the-job training not later than 30 days after commencing that training because he or she did not meet the requirements of the federal trade act.
Partial benefits. A claimant must now work "full time" instead of "at least 35 hours" per week in order to satisfy the partial benefits requirement.
Pension payments. If a pension payment is actually or constructively received on other than a periodic basis, the Department will allocate the payment to the week in which it is received.
Voluntary contributions. A payment is timely if it is received by the Department no later than November 30 following the computation date for the calendar year to which it applies. A postmark made on the computation date is no longer sufficient.
An employer that suffers physical damage to its business caused by a catastrophic event for which the employer is not primarily responsible, and incurs benefit charges to its account for layoffs due to that damage may, by means of a voluntary contribution, increase its reserve percentage to no greater than the reserve percentage that would have applied to the employer as of the next computation date had that damage not caused the employer to lay off its employees. An employer that makes such a voluntary contribution is required to notify the Department of its election to have its contribution treated in the manner provided and must submit proof to establish that its employees were laid off due to the catastrophic event.
If an employer makes a payment after November 30 and before November 1 of the succeeding year, the Department will establish the payment as a credit and apply the payment as a voluntary contribution to the employer's account when the next rate computation occurs. Any amount paid to the Department in excess of the amount that may be applied in any year may continue to be held as a credit, without interest, against future required or voluntary contributions for a calendar year or refunded to the employer, at the employer's option.
Penalties. Any individual who does any of the following will be fined not less than $100 or more than $1,000 or imprisoned for not more than 90 days or both:
1. Makes a deduction from the wages of an employee because of liability for contributions or payments in lieu of contributions or because of the employee's potential right to benefits.
2. Knowingly refuses or fails to furnish to an employee any notice, report or information required by the Department to be furnished to such employee.
3. Directly or indirectly, by promise of reemployment or by threat not to employ, to terminate, or not to reemploy or by any other means, attempts to induce an employee to refrain from claiming or accepting benefits, participating in an audit or investigation by the Department, testifying in a hearing, or waiving any right.
4. Discriminates or retaliates against an individual because the individual claims benefits, participates in an audit or investigation by the Department, testifies in a hearing or exercises any other right.