Wisconsin Administrative Code Department of Workforce Development
Wisconsin Administrative Code – Department of Workforce Development (DWD)
1. Overview
The Wisconsin Department of Workforce Development (DWD) is a state agency responsible for enforcing labor and employment-related laws, including:
Unemployment insurance (UI)
Worker’s compensation
Equal rights (e.g., discrimination, fair employment)
Apprenticeship programs
Workforce training and development
The Wisconsin Administrative Code, under various chapters designated DWD 1 through DWD 300+, sets out rules and procedures for these responsibilities.
DWD regulations are issued pursuant to authority granted by Wisconsin statutes (primarily Chapters 102, 103, 106, 108, and 109 of the Wisconsin Statutes).
2. Key Areas of Regulation
2.1. Unemployment Insurance (UI)
Chapters DWD 100–150
Key Provisions:
DWD 128: Work search requirements for UI claimants.
DWD 127: Availability for work and claimant eligibility standards.
DWD 120: Employer notification obligations.
DWD 140: Appeal procedures for UI benefit determinations.
Summary:
UI claimants must actively seek work and meet eligibility criteria to receive benefits. Employers are also required to notify employees about their UI rights upon separation. Disputes are handled via administrative hearings and appeals through the Labor and Industry Review Commission (LIRC).
2.2. Equal Rights and Fair Employment
Chapters DWD 218–225
Key Provisions:
DWD 218: Discrimination in employment, including based on race, sex, disability, arrest/conviction record, and more.
DWD 220: Fair employment standards for persons with disabilities.
DWD 221–224: Housing, public accommodations, and postsecondary education discrimination.
Summary:
DWD enforces Wisconsin's Fair Employment Act, which prohibits discrimination in employment. Administrative complaints can lead to investigations, hearings, and remedies such as back pay, reinstatement, or fines.
2.3. Worker’s Compensation
Chapters DWD 80–82
Key Provisions:
DWD 80.40–80.73: Permanent and temporary disability benefits.
DWD 80.60: Health care provider fee dispute resolution.
DWD 81: Treatment guidelines for injured workers.
Summary:
DWD handles claims between injured employees and employers or insurance carriers. The code defines benefits, injury classifications, fee schedules, and treatment protocols.
2.4. Wage and Hour Standards
Chapters DWD 270–279
Key Provisions:
DWD 274: Overtime and minimum wage rules.
DWD 272: Minimum wage orders for different categories of workers.
DWD 275: Hours of work for minors.
Summary:
DWD enforces wage and hour laws, including minimum wage, overtime, and child labor protections. Employers violating these rules may face fines or be ordered to pay back wages.
2.5. Apprenticeship and Workforce Development
Chapters DWD 295–296
Key Provisions:
DWD 295: Registered apprenticeship standards.
DWD 296: Equal opportunity standards in apprenticeship programs.
Summary:
DWD supports workforce development through apprenticeship and vocational training programs. These programs must comply with nondiscrimination and equal opportunity rules.
3. Case Law Involving DWD
Case 1: Operton v. LIRC (2017)
Wisconsin Supreme Court
Facts:
A grocery store clerk was denied unemployment benefits for misconduct after making multiple mistakes while processing transactions.
Issue:
Did the employee's errors amount to "substantial fault" under DWD UI rules?
Holding:
The Court ruled in favor of the employee, holding that while the errors were careless, they did not meet the threshold of "substantial fault" as defined in Wis. Stat. § 108.04 and DWD 100 series.
Principle:
Unemployment benefit eligibility must distinguish between inadvertent errors and intentional misconduct or substantial fault.
Case 2: State of Wisconsin v. LIRC, DWD (2005)
Facts:
A man was denied equal rights after alleging employment discrimination based on a prior criminal conviction.
Issue:
Was the denial of employment based on the conviction record lawful under Wisconsin's Fair Employment Act (interpreted via DWD 218)?
Holding:
The court sided with the claimant, stating that the employer failed to show that the conviction was "substantially related" to the job duties, which is required to justify discrimination.
Principle:
Employers must establish a clear connection between a conviction and the job to deny employment on that basis; otherwise, it violates DWD 218 and the Fair Employment Act.
Case 3: Kirchberg v. DWD (2011)
Court of Appeals of Wisconsin
Facts:
An injured worker disputed the classification of his disability and the amount of compensation.
Issue:
Did DWD correctly apply its administrative rule under DWD 80 when determining compensation for partial permanent disability?
Holding:
The court found DWD’s application of the rule was consistent with the statutory intent and medical guidelines.
Principle:
DWD’s interpretations of its own administrative rules will generally be upheld if they are reasonable and align with legislative intent.
4. Legal Principles from DWD Code and Case Law
Deference to Agencies:
Wisconsin courts often defer to DWD's interpretation of its own rules unless clearly erroneous.
Due Process in Hearings:
UI and discrimination cases must follow proper procedures under DWD administrative rules, including notice, hearing rights, and appeals.
Balance of Rights:
The rules aim to balance the rights of employers, employees, and the state while maintaining fairness and economic stability.
Evolving Standards:
DWD rules are updated periodically to reflect changes in labor practices, economic conditions, and court interpretations.
5. Summary
The Wisconsin Administrative Code for the Department of Workforce Development establishes a comprehensive legal framework for managing labor relations, unemployment benefits, wage enforcement, worker protections, and vocational training in the state.
Key Functions of DWD:
Administering and adjudicating unemployment benefits
Enforcing equal rights and discrimination laws
Managing worker’s compensation benefits
Regulating wages, hours, and child labor
Overseeing apprenticeships and workforce programs
Key Legal Principles:
Agencies like DWD have authority to interpret and enforce rules they are tasked with implementing.
Claimants and employers have rights to appeal adverse decisions.
Courts generally defer to reasonable agency interpretations if consistent with statutory intent.
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