Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 90-139 - Trade and Consumer Protection
Chapter ATCP 116 - Work recruitment schemes
Section ATCP 116.01 - Definitions

Universal Citation: WI Admin Code ยง ATCP 116.01

Current through August 26, 2024

In this chapter:

(1) "Earnings" means any compensation for work, and includes wages, salaries, commissions, bonuses, profits and other compensation.

(2) "Employment service" means a service designed to help individuals obtain work, other than work offered by the provider of the employment service. "Employment service" does not include a person who is licensed as an employment agent under s. 105.05(1), Stats. "Employment service" includes assistance with any of the following:

(a) Finding work announcements or obtaining work offers.

(b) Preparing resumes or portfolios.

(c) Obtaining or completing work application materials.

(3) "Individual" means a natural person.

(4) "Person" means any individual, corporation, partnership, limited liability company, cooperative, business trust, or business association or entity. "Person" includes any employee, agent or representative who acts on behalf of a person.

(5) "Purchase or investment" means any arrangement involving a direct or indirect payment from a recruit to a recruiter. "Purchase or investment" includes all of the following:

(a) The purchase or rental of goods, services or contract rights.

(b) A deposit given, or a financial obligation incurred, in return for the loan or custody of goods.

(c) A contract to make a purchase or investment.

(d) A deposit or installment on a purchase or investment.

(6) "Recruit" means an individual whom a recruiter solicits to apply for work, accept a work offer or to perform work.

(7) "Recruiter" means a person who makes a work advertisement or work offer, or who solicits individuals to apply for work or accept a work offer.

(8) "Sales work" means work in which the worker solicits persons to buy or lease goods, services or contract rights which the worker's recruiter is in the business of selling or leasing.

(9) "Work" means either of the following:

(a) Work of any kind which a recruit is to perform as an employee of a recruiter.

(b) Sales work which a recruit is to perform as an agent or independent contractor, other than as a franchisee under ch. 553, Stats.

(10) "Work advertisement" means any solicitation or representation, other than a face-to-face statement, in which a recruiter invites one or more individuals to apply for work or accept a work offer.

(11) "Work offer" means an offer of work which, if accepted, becomes a contract between the recruiter who makes and the recruit who accepts the offer.

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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