Section 279.01. Definitions and scope.

 

(1)  When used in this chapter or in s. 109.07 , Stats.:

(a) "Affected employee" has the meaning specified in s. 109.07 (1) (a) , Stats. An employee that suffers loss of employment is an affected employee if that loss is the result of an employment termination (other than a discharge for cause, voluntary departure or retirement), a layoff exceeding 6 months or a reduction in hours of work of more than 50% during each month of any 6-month period. An affected employee does not include an employee discharged for cause or employees who terminate their employment as a result of retirement or voluntary departure. Business partners as well as consultant or contract employees who are paid by another employer or are self employed are not affected employees of the business to which they are assigned.

(b) "Business closing" has the meaning specified in s. 109.07 (1) (b) , Stats.

(c) "Department" means the department of workforce development.

(d) "Employer" has the meaning specified in s. 109.07 (1) (d) , Stats., but does not include the federal or state government or any of their political subdivisions. Charitable or tax-exempt institutions and organizations are also not included. Independent contractors and wholly or partially owned subsidiaries that are independent from the parent corporation are considered separate employers for the purposes of this section.

(e) "Employment site" as used in s. 109.07 , Stats. means a single location or group of locations within the same municipality or reasonable geographic proximity that share the same or related staff or operational purpose. Employment sites that have separate workforces, separate management, or produce different products are separate employment sites.

(f) "Facilities" as used in s. 109.07 (1) (b) , Stats., means a building or buildings.

(g) "Mass layoff" has the meaning specified in s. 109.07 (1) (f) , Stats.

(h) "Municipality" means a city, town or village.

(i) "New or low hour employee" has the meaning specified in s. 109.07 (1) (h) , Stats.

(j) "Operating units" as used in s. 109.07 (1) (b) , Stats., means an organizationally or operationally distinct operation or specific work function within or across facilities at an employment site. Only distinct structural or operational entities within an employment site are intended to be included as"operating units."

(k) "Persons" as used in s. 109.07 (1) (d) , Stats., does not include new or low-hour employees.

(L) "Substantially all" as used in s. 109.07 (6) (a) and (b) , Stats., means that number of an employers affected employees who if hired or offered transfer, will make the total number of affected employees experiencing a loss of employment, as determined by the department on a case by case basis less than the thresholds for a "business closing" or "mass layoff" as defined in s. 109.07 (1) (b) or (f) , Stats.

History: Cr. Register, March, 1991, No. 423 , eff. 4-1-91.