Wis. Admin. Code Department of Workforce Development DWD 100.02 - Definitions
In chs. DWD 100 to 150, the following words and phrases have the designated meanings unless a different meaning is expressly provided or the context clearly indicates a different meaning:
(3) "Agricultural labor" has the meaning
specified in s.
108.02(2),
Stats.
(4) "Asset" means any
resource of the transferor used in the business, whether owned or not and
whether tangible or intangible, including real estate, inventories, machinery
and equipment, furniture and fixtures, contracts, franchises, licenses,
goodwill, accounts receivable, contracts for leased employees and customer
lists. The outstanding shares of stock of an employer which is a corporation
are not assets of the issuing corporation for purposes of s.
108.16(8),
Stats.
(5) "Base period" has the
meaning specified in s.
108.02(4),
Stats.
(6) "Benefit year" has the
meaning specified in s.
108.02(5),
Stats.
(7) "Business activity"
includes the product or the service provided by a business.
(8) "Carrier" means a person engaged in the
hauling of passengers or freight by motor vehicle and includes a person engaged
as a "common motor carrier", under s.
194.01(1),
Stats., as a "contract motor carrier", under s.
194.01(2),
Stats., or as a "private motor carrier", under s.
194.01(11),
Stats.
(9) "Commission" means the
labor and industry review commission.
(11) "Constructively paid" means credited to
or set apart for an employee without any substantial limitation or restriction
as to the time or manner of payment or condition upon which payment may be
made, such that the amounts so credited or set aside are available for the
employee to draw upon at any time.
(12) "Contract operator" means an individual
who contracts to lease a motor vehicle to a carrier for use in the carrier's
business.
(13) "Contribution
report" means the written document or electronic transmission, submitted in the
manner prescribed by the department, in which an employer makes a quarterly
report of total employment or wages or both to the department.
(14) "Covered wages" means wages less the
exclusion under s.
108.02(15) (L), Stats., and any applicable exclusions
under s.
108.02(15) (f) to (k), Stats., unless the wages attributed to
an exclusion under s.
108.02(15) (f) to (k), Stats., are subject to a tax under the
Federal Unemployment Tax Act and are not subject to a tax under any other
unemployment insurance law.
(15)
"Customary occupation" means the occupation for which a claimant is most
qualified based on the claimant's skills, abilities, training, education and
work experience.
(15m) "Decision"
means a written resolution by an appeal tribunal of an appeal from a
determination or a written resolution of a petition for review by the
commission or a written resolution of an action for judicial review by a court
of competent jurisdiction.
(16)
"Department" means the department of workforce development.
(16f) "Determination" means an initial
determination issued under s.
108.09,
108.095,
or
108.10(1),
Stats.
(16m) "Disaster" means a
fire, flood, or other physical occurrence beyond the employer's control that is
caused naturally or accidentally.
(18) "Employee" has the meaning specified in
s.
108.02(12),
Stats.
(19) "Employer" has the
meaning specified in s.
108.02(13),
Stats.
(20) "Employer's account"
has the meaning specified in s.
108.02(14),
Stats.
(21) "Employing unit" means
any employer or any other person who engages one or more individuals to perform
services for pay, whether or not that person is subject to the reimbursement
financing or contribution requirements of ch. 108, Stats.
(22) "Employment" has the meaning specified
in s.
108.02(15),
Stats.
(23) "Employment
relationship" means a relationship between an employee and an employer in which
the employee performs services for pay for the employer under an informal or
formal agreement of employment and which continues when the employment is
temporarily suspended for a definite, discernible period of time.
(24) "FUTA" means the federal unemployment
tax act, subtitle C, ch. 23 of the internal revenue code,
26 USC
3301 to
3311.
(27) "Forest products manufacturer" means a
business engaged in the processing of logs, and includes pulp mills, saw mills
or other manufacturing plants.
(29)
"Government unit" has the meaning specified in s.
108.02(17),
Stats.
(35) "Labor market area"
means a geographical area in which there are jobs deemed to be suitable work
for the claimant and which encompasses the geographical area in which workers
with similar occupational skills customarily travel to obtain or perform
suitable work.
(36) "Lag period"
means the period between the end of the base period and the valid new claim
week under s.
108.02(25m),
Stats.
(37) "Logging contractor"
means a person who contracts for the cutting of timber, the hauling of logs or
the skidding of logs, purchases timber to cut, or sells unmanufactured forest
products.
(38) "Motor vehicle" has
the meaning designated in s.
194.01(7),
Stats.
(39) "Multiemployer benefit
plan" means a benefit plan maintained pursuant to one or more collective
bargaining agreements between 2 or more employers and one or more employee
organizations under which each employer makes contributions to provide sickness
or accident disability payments through the plan to eligible employees or their
dependents.
(40) "Nonprofit
organization" has the meaning specified in s.
108.02(19),
Stats.
(41) "Partial unemployment"
and "partially unemployed" have the meaning designated in s.
108.02(20),
Stats.
(42) "Payroll" has the
meaning specified in s.
108.02(21),
Stats.
(43) "Payroll base" means
the applicable amount under s.
108.02(21) (b) or (c), Stats., paid by an employer during a
calendar year to an individual, including any wages paid for any work covered
by the unemployment insurance law of any other state, which is payroll under s.
108.02(21),
Stats.
(44) "Penalty" includes any
tardy payment fee or late filing fee provided for in ch. 108, Stats., and a
forfeiture assessed under s.
108.04(11) (c), Stats., but does not include any fine or
restitution arising under s.
108.24,
Stats.
(45) "Piece cutter" means a
person who fells timber, removes branches from timber, saws timber into logs,
or stacks logs.
(47) "Public
housing agency" means any state, county, municipality, or other governmental
entity or public body, or agency or instrumentality thereof, which is
authorized by the U.S. department of housing and urban development to engage in
or assist in the development or operation of low-income housing.
(48) "Quarter" has the meaning designated in
s.
108.02(21m),
Stats.
(49) "Reemployment services"
means job search assistance and job placement services, such as: assessment,
testing, counseling, provision of occupational and labor market information,
job search workshops, referrals to potential employers, and other similar
services.
(50) "Representative of
the department" means any person employed by the department of workforce
development who has job duties involving the taking, processing or adjudication
of benefit claims.
(56) "Shipper"
means a customer of the carrier who arranges or contracts for the
transportation of goods.
(57)
"Sickness or accident disability payment" means any payment made on account of
sickness or accident disability which is considered wages under s.
108.02(26),
Stats.
(58) "Similar work" means
work in a claimant's labor market which, when compared with a particular job,
has substantially equivalent duties and responsibilities and requires
substantially equivalent skills, abilities and knowledge.
(59) "Skidding operator" means a person who
removes logs from the woods to a roadside landing or other collection point for
hauling.
(60) "Successor" means the
transferee when a transfer of a business has occurred under ch. DWD 115 and ch.
108, Stats., and when either the department finds successorship status under s.
108.16(8) (c), (d) or (e), Stats., or the transferee requests
successorship status under s.
108.16(8) (b), Stats.
(61) "Suitable work" means work that is
reasonable considering the claimant's training, experience, and duration of
unemployment as well as the availability of jobs in the labor market.
(67) "Unemployment insurance record" means
any material that contains, records, or preserves written, drawn, printed,
spoken, visual, digital, or electromagnetic information, regardless of physical
form or characteristics:
(a) Relating to the
wages earned by a worker from one or more employing units including supporting
data, and which has been created or is being kept by the department in
connection with the administration of ch. 108, Stats., or as required by
federal law, and also includes the record on which an employer makes a
quarterly report of total employment or wages or both to the
department;
(b) Relating to records
kept by the department in connection with the processing of a claim for
benefits under ch. 108, Stats., or for other benefits or allowances under
similar programs administered by the department pursuant to federal law;
and
(c) Relating to records kept by
the department concerning employers and employing units including but not
limited to audit records, coverage records, successorship records, rating
records, collection records, and related correspondence.
(70) "Wages" has the meaning designated in s.
108.02(26),
Stats.
(71) "Week" has the meaning
designated in s.
108.02(27),
Stats.
Notes
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