Wis. Admin. Code Department of Workforce Development DWD 301.06 - Work agreements and written disclosures
(1) A single work
agreement for a family may be used only when all of the terms and conditions of
employment are substantially similar for all working family members.
(1e) A work agreement and written recruiting
disclosure statement shall include all of the following:
Note: Section 103.915 (1) (a), Stats., requires that a migrant worker be provided with a written recruiting disclosure statement containing the information required in a work agreement at the time of the worker's recruitment.
(a) A description of
cooking, bathing, laundry, and toilet facilities.
(b) A statement of the maximum number of
persons to be accommodated in the following:
1. If the work agreement is for employment of
a single person, the sleeping area to which the person will be
assigned.
2. If the work agreement
is for employment of a family, the housing unit to which the family will be
assigned.
(c) The
positions related to planting, cultivating, raising, harvesting, handling,
drying, packing, packaging, processing, freezing, grading, or storing any
agricultural or horticultural commodity in its unmanufactured state.
(d) Transportation costs, if any, paid by the
worker.
(e) If the employer
provides transportation for the worker, the specific mode of transportation,
including the type of vehicle used.
(f) If the employer makes a payroll deduction
for a travel or subsistence advance, the rate of the deduction.
(3) If an employer does not use
the department's prescribed migrant labor work agreement form, the employer
shall use a form approved by the department. An employer may not use a form
unless it has been approved by the department prior to its use. When
considering an employer's form for approval, the department shall, in addition
to the requirements of s.
103.915 (4),
Stats., take into account the clarity and design of such form.
(3m) An employer may offer to provide to a
migrant worker a migrant labor work agreement in an electronic form as provided
in s. 137.15, Stats. If the migrant
worker does not consent to receive the migrant labor work agreement
electronically, the employer shall provide a physical copy of the migrant labor
work agreement. By the first day of work, an employer shall provide a physical
copy of the migrant labor work agreement to all migrant workers, including
those who consented to receive the agreement electronically.
(8)
(a) The
minimum work guarantee under s.
103.915 (4) (b), Stats., shall cover the period from the
date the worker is notified by the employer to report for work, which date
shall be reasonably related to the approximate beginning date specified in the
work agreement or the date the worker reports for work, whichever is later, and
continuing until the date of the final termination of employment, as specified
in the work agreement, or earlier if the worker is terminated for cause or due
to seriously adverse circumstances beyond the employer's control. If a worker
is notified by the employer to report for work or is employed prior to the
approximate beginning date specified in the work agreement, the period of
employment and the guarantee of minimum work shall begin on the date the worker
is notified to report for work or the date the worker reports for work,
whichever is later, and shall continue until the final termination of
employment, as specified in the work agreement, signed at the time of
recruitment, or earlier if the worker is terminated for cause or due to
seriously adverse circumstances beyond the employer's control.
(b) For purposes of par. (a), a date shall be
considered "reasonably related to the approximate beginning date specified in a
work agreement" if the number of days between the date the worker is notified
by the employer to report for work and the approximate beginning date specified
in the work agreement pursuant to s.
103.915 (4) (b), Stats., is no greater than 15% of the
length of time between the approximate beginning date specified in the work
agreement and the date of the final termination of employment as specified in
the work agreement or 10 days, whichever is shorter.
(c) For purposes of par. (a) and s.
103.915 (4) (b) and (5), Stats., in determining whether an
interruption in operations constitutes seriously adverse circumstances beyond
the employer's control, the department shall consider the circumstances that
led to the interruption of the employer's operations including loss of crops,
loss of or inability to operate facilities, or inability to store or process
unmarketable, perishable agricultural produce and the department may not
consider change-over of equipment or between packs or crops. The department
shall also consider the duration of the interruption of the employer's
operations in relation to the term of employment identified in the work
agreement pursuant to s.
103.915 (4) (a), Stats.
(d) If a migrant worker is required by the
employer to isolate under s.
DWD 301.075 (2)
(d), the migrant worker is considered
available for work for purposes of s.
103.915 (4) (b), Stats, during the period of required
isolation.
(11) For
purposes of s. 103.915 (5),
Stats., elapsed time shall be computed on the basis of 500 miles of travel per
day.
(12) If the worker will be
paid on a piece rate basis, the applicable wage rate included in the work
agreement shall be the employer's guaranteed hourly rate. If at the time of
recruitment the employer cannot anticipate the exact rate the worker will be
paid, the work agreement shall specify a base rate which shall be not less than
the base rate paid by the employer at the end of the preceding season for the
kind of work specified, together with the words "or more" or similar
phrase.
(13) If the applicable wage
rate to be paid includes a bonus provision, the work agreement shall clearly
state the conditions under which the bonus shall be paid or forfeited. A work
agreement may not state that a migrant worker must continue to work "until the
end of the harvest" as a condition to receive a bonus. A bonus may be
conditioned on a worker continuing to work up to 7 days beyond the approximate
ending date in the work agreement.
(14) If an employer uses multiple sheet forms
and signs the agreement first, the work agreement may provide that it may be
cancelled by the employer if, by a specific date, the employer or the
designated agent has not received a fully signed copy of the work agreement,
but only if the provision is set forth in a conspicuous manner compared to the
printing of the rest of the work agreement.
(15) The work agreement may provide for
cancellation by the employer if the worker fails to notify the employer or
designated agent within a reconfirmation period of not less than 15 days of the
worker's continuing intention to accept the employment, but only if the
provision is set forth in a conspicuous manner compared to the printing of the
rest of the work agreement. Notification of reconfirmation may be made by
collect telephone call, by an employer provided prepaid postcard, or any other
means paid for by the employer.
Notes
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