Section 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.Wis. Admin. Code Department of Workforce Development § DWD 301.06
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.Amended by, CR 23-030: am. (title), cr. (1e), renum. (2), (2m), to DWD 301.015 (10), (20) and am., cons. (3) and (4) and renum. to (3)., cr. (3m), r. (5) to (7), renum. (8) to (8) (a) and am., cr. (8) (b), (d), renum. (9) to (8) (c) and am., renum. (10) to DWD 301.015 (23) and am., am. (11), renum. (12) (a) to (12) and am., r. (12) (b), am. (14), (15), r. (16) Register January 2024 No. 817, eff. 2/1/2024