Wisconsin Administrative Code
Department of Workforce Development
DWD 301 - Migrant Labor
Chapter DWD 301 - Migrant Labor
Section DWD 301.015 - Definitions
Current through February 26, 2024
In this chapter and as applied under ss. 103.90 to 103.97, Stats:
Note: For terms that are not used in this chapter, this section includes notes identifying the statutes in which the terms are used.
(1) "Agricultural or horticultural commodity" has the meaning given in 29 CFR 780.112.
(2) "Applicable wage rate" means the actual anticipated straight-time hourly rates that a worker will be paid and any other wages, as defined in s. 109.01 (3), Stats., that are payable to the worker.
(3) "Camp operator" means a person who maintains a migrant labor camp.
(4) "Common use facility" means a structure or area other than sleeping or living quarters that is designed for use by occupants who are not members of the same family.
(5) "Common use room, shower facility, or toilet facility" means a room, toilet facility, or shower facility that is designed for use by occupants who are not members of the same family.
(6) "Communicable disease" means a disease listed in ch. DHS 145 Appendix A.
(7) "Department" means the department of workforce development.
(8) "Employer" has the meaning given in s. 103.90 (2), Stats.
(9) "Employer's own operation" means any farm or other business enterprise wholly owned or managed by the employer.
Note: The above term is used in the definition of "migrant labor contractor" at s. 103.90 (4), Stats.
(10) "Employment" means the act of having direction and control of any worker, being responsible for the wages of a worker, or allowing a worker to perform work for the worker's employer.
(11) "Fee or other consideration" means money or anything of value or benefit paid or promised to be paid for services as a migrant labor contractor.
Note: The above term is used in the definition of "migrant labor contractor" at s. 103.90 (4), Stats.
(12) "Habitable room" has the meaning given in s. SPS 320.07 (37).
(13) "Hand labor" means that work that is performed by hand or with hand tools in the field.
(14) "Handwashing facility" means a facility provided with running water for washing hands, arms, face, and head, including lavatories, basins, and sinks, both for cleanliness and for safety purposes.
(15) "Immediate family" means any of the following:
Note: The above term is used in the definition of "migrant labor contractor" at s. 103.90 (4), Stats., and in s. DWD 301.07 (23) (b).
(16) "Migrant labor camp" has the meaning given in s. 103.90 (3), Stats.
(17) "Migrant labor contractor" has the meaning given in s. 103.90 (4), Stats.
(18) "Migrant worker" or "worker" has the meaning given in s. 103.90 (5), Stats.
(19) "Occupant" means any person who lives in a migrant labor camp.
(20) "Recruit or "recruitment" means to offer, or the offer of, employment to a migrant worker whether by personal contact, telephone, correspondence, or a recall notice due to a union contract.
(21) "Regular employee" means a person employed year round by an employer and who engages in activities as a migrant labor contractor solely for the employer.
Note: The above term is used in the definition of "migrant labor contractor" at s. 103.90 (4), Stats.
(22) "Service buildings" means common use facilities for toilets, lavatories, showers, and laundry facilities.
(23) "Terms and conditions of employment" includes job assignment, layoffs, discharge, filling vacancies, transfers, job bidding, seniority, hours, work schedule, overtime pay, leave of absence, benefits, insurance, pension, vacation, holiday leave, sick leave, and general working conditions.
(24) "Toilet facility" means a facility provided for the purpose of defecation or urination, or both, including water closets and biological or chemical toilets, and urinals.
(25) "Wisconsin commercial building code" means chs. SPS 361 to 366.
(26) "Working day" means any day except Saturday, Sunday, and holidays designated in s. 230.35 (4) (a), Stats.
