Section DWD 80.51 - Computation of weekly wage Pursuant to s. 102.11, Stats.
(1) In determining daily earnings, if the number of hours a full-time employee worked had been either decreased or increased for a period of at least 90 total days prior to the injury, then this revised schedule worked during those 90 days shall be considered to be normal full-time employment.(2) When an employee furnishes his or her truck to the employer and is paid by the employer in gross to include operating expenses, one-third of that gross sum is considered as wages except as a showing is made to the contrary.(3) Prisoners injured in prison industries are considered to be earning the maximum average weekly earnings under the provisions of s. 102.11, Stats., except as a showing is made to the contrary.(4) The 24-hour minimum workweek under s. 102.11(1) (f)1, 2019 Stats., does not apply to a part-time employee unless the employee is a member of a regularly scheduled class of part-time employees. In all other cases part-time employment is on the basis of normal full-time employment in such job. However, this subsection does not apply to part-time employees described in s. 102.11(1) (f), Stats., who restrict availability on the labor market. As to the employees so described, those wages will be expanded to the normal part-time or full-time wages unless the employer or insurance company complies with s. DWD 80.02 (2) (d). This subsection does not apply to employees who are injured on or after April 10, 2022.(5) Computation of the weekly wage for an employee who is injured while employed at part-time employment shall be made pursuant to s. 102.11(1) (ap), Stats. This subsection applies to employees who are injured on or after April 10, 2022.Wis. Admin. Code Department of Workforce Development DWD 80.51
Cr. Register, September, 1982, No. 321, eff. 10-1-82; CR 07-019: am. (4), Register October 2007 No. 622, eff. 11-1-07.Amended by, EmR2212: emerg. am. (4), cr. (5), eff. 10-15-22; CR 22-072: am. (4), cr. (5) Register May 2023 No. 809, eff. 6/1/2023