Wis. Admin. Code Department of Workforce Development DWD 273.03

Current through October 28, 2024

Section DWD 273.03 - Definitions

Unless otherwise provided, in this chapter:

(1) "Department" means the Department of Workforce Development.

(2) "Employee" means an individual who is recruited in Wisconsin to be a traveling sales crew worker or who is working in Wisconsin as a traveling sales crew worker.

(3) "Employer" means an entity that is operating a traveling sales crew in Wisconsin or that recruits any traveling sales crew worker in Wisconsin.

(4) "Misconduct" for the purposes of s. 103.34(9) (e), Stats., means conduct evincing such willful or wanton disregard of an employer's interests as is found in a deliberate violation or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design, or to show an intentional and substantial disregard of the employer's interests or of the employee's duties and obligations to the employer. Mere inefficiency, unsatisfactory conduct, failure of good performance as the result of inability or incapacity, inadvertencies of ordinary negligence in isolated instances, or good-faith errors in judgment or discretion are not to be deemed "misconduct."

Note: The term "misconduct" is defined because s. 103.34(9) (e), Stats., provides as follows: "(9) No employer of a traveling sales crew worker and no employee, agent, or representative of that employer who supervises or transports traveling sales crew workers may do any of the following: . . . . . (e) Abandon a traveling sales crew worker who is unable to work due to illness or injury or who is discharged from employment for reasons other than misconduct without providing for the return of the traveling sales crew worker to his or her permanent place of residence."

(5) "Operator" means a person, corporation, limited liability company or other entity that employs, offers to employ, or otherwise recruits an individual to work as a traveling sales crew worker, including a proprietor, managing partner, manager, principal officer, employee, agent or representative of the entity.

(6) "Traveling sales crew" has the same meaning as in s. 103.34(1) (d), Stats.

Note: Section 103.34(1) (d), Stats., defines "traveling sales crew" as "2 or more individuals who are employed as salespersons or in related support work, who travel together in a group, and who are absent overnight from their permanent places of residence for the purpose of selling consumer goods or services to consumers from house to house, on any street, or in any other place that is open to the public. "Traveling sales crew" does not include 2 or more individuals who are traveling together for the purpose of participating in a trade show or convention or 2 or more immediate family members who are traveling together for the purpose of selling consumer goods or services."

(7) "Traveling sales crew activities" has the same meaning as in s. 103.34(1) (e), Stats.

Note: Section 103.34(1) (e), Stats., defines "traveling sales crew activities" as "(e) "Traveling sales crew activities" means the sale of consumer goods or services to consumers from house to house, on any street, or in any other place that is open to the public or related support work. "Traveling sales crew activities" does not include the sale of consumer goods or services from a fixed location at a concert, festival, carnival, street fair, public exhibition, or other similar special event with the permission of the organizer of the special event."

(8) "Traveling sales crew worker" has the same meaning as in s. 103.34(1) (f), Stats.

Wis. Admin. Code Department of Workforce Development DWD 273.03

EmR1011: emerg. cr. eff. 4-19-10; CR 09-110: cr. Register August 2010 No. 656, eff. 9-1-10.

Section 103.34(1) (f), Stats., defines "traveling sales crew worker" as "a member of a traveling sales crew."