Section 301.06. Work agreements.

 

(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.

(2)  In the department's interpretation of s. 103.915 (1) (a) , Stats., and in this chapter, the term "employment" means the act of having direction and control of any worker, being responsible for the wages of a worker, or allowing a worker to perform work for the employer.

(2m)  In the department's interpretation of s. 103.915 (1) (a) , Stats., and in this chapter, the term "recruitment" means offering a migrant worker employment whether by personal contact, telephone, correspondence, or a recall notice due to a union contract. If recruitment is by telephone, the written work agreement shall be furnished as soon as reasonably possible.

(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.

(4)  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.

(5)  "Kind of work available" means planting, cultivating, raising, harvesting, handling, drying, packing, packaging, processing, freezing, grading or storing any agricultural or horticultural commodity in its unmanufactured state.

(6)  The description in the work agreement of the housing to be supplied shall include a description of cooking, bathing, laundry and toilet facilities and a statement of the maximum number of persons to be accommodated in the sleeping area to which the worker will be assigned, in the case of single persons, or, in the case of families, in the housing unit to which the worker will be assigned.

(7)  "Transportation arrangements" means:

(a) Costs, if any, to the worker.

(b) The specific mode of transportation, including the type of vehicle used if the employer is to provide transportation.

(c) The rate of payroll deduction for a travel or subsistence advance, if such advance is to be deducted.

(8)  The minimum work guarantee shall cover the period from the date the worker is notified by the employer to report for work, which date shall be no later than 10 days from 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, which date shall be no sooner than 7 days before the approximate ending date 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.

(9)  The term "seriously adverse circumstances beyond the employer's control" means the substantial shutdown of the employer's operations for reasons including, without limitation because of enumeration, loss of crops, loss of, or inability to operate facilities or inability to store or process unmarketable, perishable agricultural produce; such term shall not apply to the shutdown of the employer's operation for change over of equipment or between packs or crops.

(10)  "Terms and conditions of employment" includes, without limitation because of enumeration, job assignment, layoffs, discharge, filling vacancies, transfers, job bidding, seniority, hours, work schedule, overtime pay, leave of absence, benefits, insurance, pension, vacation, holiday leave, sick leave, or general working conditions.

(11)  Elapsed time shall be computed, subject to the limits in s. 103.915 (5) , Stats., on the basis of 500 miles of travel per day.

(12)  

(a) "Applicable wage rates" means the actual anticipated straight-time hourly rates the worker will be paid. If the worker will be paid on a piece rate basis, the work agreement shall show the employer's guarantee 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.

(b) In determining whether the employer has met the weekly or bi-weekly guarantee under s. 103.915 (4) (b) , Stats., the straight-time hourly rate which the worker was paid for the greatest number of hours during the preceding work guarantee period shall be used. If there was no preceding work guarantee period, the rate paid the worker during the current guarantee period shall be used. If the worker is paid on a piece rate basis, the employer's specified guaranteed hourly rate shall be used.

(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)  When 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.

(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 his or her continuing intention to accept the employment. 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.

(16)  Any work agreement utilizing one or both of the options embodied in subs. (14) and (15) shall set forth the optional language in a highly visible manner compared to the printing of the rest of the work agreement.

History: Emerg. cr. (13), eff. 3-30-78; Register, April, 1978, No. 268 , eff. 5-1-78; emerg. cr. (12) and (13), eff. 2-21-79; cr. (12) and (13), Register, May, 1979, No. 281 , eff. 6-1-79; cr. (14) to (16), Register, March, 1986, No. 363 , eff. 4-1-86; renum. from Ind 201.06, Register, February, 1993, No. 446 , eff. 3-1-93; am. (5) and (12) (b), Register, December, 1997, No. 504 , eff. 1-1-98; CR 07-018 : am. (2), (3) and (13), cr. (2m) Register December 2007 No. 624 , eff. 1-1-08.