Wis. Admin. Code Department of Workforce Development DWD 270.04

Current through October 28, 2024
Section DWD 270.04 - Definitions

In this chapter, the following words and phrases have the designated meanings unless a different meaning is expressly provided:

(1) "Charter school" has the meaning given in s. 115.001(1), Stats.

Note: Section 115.001(1), Stats., provides that "charter school" means "a school under contract with a school board under s. 118.40 or with one of the entities under s. 118.40(2r)(b), or a school established and operated by one of the entities under s. 118.40(2r)(b)."

(2) "Day" means a calendar day, except when a work shift commences in one calendar day and ends in the following day, all hours worked in that shift will count in the day the shift commenced.
(3) "Department" means the department of workforce development.
(4) "Employee" has meaning given in s. 103.001(5), Stats.

Note: Section 103.001(5), Stats., provides that "employee" means "any person who may be required or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any employment, or to go or work or be at any time in any place of employment."

(5) "Employer" has the meaning given in s. 103.001(6), Stats.

Note: Section 103.001(6), Stats., provides that "employer" means "any person, firm, corporation, state, county, town, city, village, school district, sewer district, drainage district, family care district and other public or quasi-public corporations as well as any agent, manager, representative or other person having control or custody of any employment, place of employment of any employee."

(6) "Employment" has the meaning given in s. 103.001(7), Stats.

Note: Section 103.001(7), Stats., provides that "employment" means "any trade, occupation or process of manufacture, or any method of carrying on such trade, occupation or process of manufacture in which any person may be engaged, except in such private domestic service as does not involve the use of mechanical power and in farm labor as used in sub. (12)."

(7) "Farming" has the meaning given in s. 102.04(3), Stats.

Note: Note: Section 102.04(3), Stats., provides: "As used in this chapter `farming' means the operation of farm premises owned or rented by the operator. `Farm premises' means areas used for operations herein set forth, but does not include other areas, greenhouses or other similar structures unless used principally for the production of food and farm plants. `Farmer' means any person engaged in farming as defined. Operation of farm premises shall be deemed to be the planting and cultivating of the soil thereof; the raising and harvesting of agricultural, horticultural or arboricultural crops thereon; the raising, breeding, tending, training and management of livestock, bees, poultry, fur-bearing animals, wildlife or aquatic life, or their products, thereon; the processing, drying, packing, packaging, freezing, grading, storing, delivering to storage, to market or to a carrier for transportation to market, distributing directly to consumers or marketing any of the above-named commodities, substantially all of which have been planted or produced thereon; the clearing of such premises and the salvaging of timber and management and use of wood lots thereon, but not including logging, lumbering or wood cutting operations unless conducted as an accessory to other farming operations; the managing, conserving, improving and maintaining of such premises or the tools, equipment and improvements thereon and the exchange of labor, services or the exchange of use of equipment with other farmers in pursuing such activities. The operation for not to exceed 30 days during any calendar year, by any person deriving the person's principal income from farming, of farm machinery in performing farming services for other farmers for a consideration other than exchange of labor shall be deemed farming. Operation of such premises shall be deemed to include also any other activities commonly considered to be farming whether conducted on or off such premises by the farm operator."

(8) "General educational development test" has the meaning given in s. PI 5.02(6).

Note: Section PI 5.02(6) provides that "general educational development test" means "the test developed by the American Council on Education and administered in Wisconsin at testing sites approved by the state superintendent and the American Council on Education."

(9) "Graduated from high school" has the meaning given in s. PI 5.02(6m).

Note: Section PI 5.02(6m) provides that "graduated from high school" means "for purposes of compulsory attendance under s. 118.15(1) (a), Stats., means having received a diploma in satisfaction of school board requirements under s. 118.33, Stats., or a high school equivalency diploma under s. 115.29(4) (a), Stats."

(10) "High school equivalency diploma" means the diploma granted by the state superintendent under s. 115.29(4), Stats., and ch. PI 5.
(11) "Home-schooled" means participating in a home-based private educational program as defined in s. 115.001(3g), Stats.

Note: Section 115.001(3g), Stats., provides that "home-based private educational program" means "a program of educational instruction provided to a child by the child's parent or guardian or by a person designated by the parent or guardian. An instructional program provided to more than one family unit does not constitute a home-based private educational program."

(12) "Permit officer" means any person designated by the department to issue child labor permits and certificates of age.
(13) "Place of employment" has the meaning given in s. 103.001(12), Stats.

Note: Section 103.001(12), Stats., provides that "place of employment" includes "every place, whether indoors or out or underground and the premises appurtenant thereto where either temporarily or permanently any industry, trade or business is carried on, or where any process or operation, directly or indirectly related to any industry, trade or business, is carried on, and where any person is, directly or indirectly, employed by another for direct or indirect gain or profit, but does not include any place where persons are employed in private domestic service which does not involve the use of mechanical power or in farming. `Farming' includes those activities specified in s. 102.04(3), and also includes the transportation of farm products, supplies or equipment directly to the farm by the operator of said farm or employees for use thereon, if such activities are directly or indirectly for the purpose of producing commodities for market, or as an accessory to such production."

(14) "Public schools" has the meaning given in s. 115.01(1), Stats.

Note: Section 115.01(1), Stats., provides that "Public schools are the elementary and high schools supported by public taxation."

(15) "Schooled at home" means enrolled in a public or private school but receiving instruction at home rather than the school by special arrangement.
(16) "Street trade" has the meaning given in s. 103.21(6), Stats.

Note: Section 103.21(6), Stats., provides that "street trade" means "the selling, offering for sale, soliciting for, collecting for, displaying or distributing any articles, goods, merchandise, commercial service, posters, circular, newspapers or magazines, or the blacking of boots, on any street or other public place or from house to house."

(17) " Week" means a calendar week, except all hours worked in a shift commenced in a calendar week will count in that calendar week.
(18) "Welfare" has the meaning given in s. 103.001(16), Stats.

Wis. Admin. Code Department of Workforce Development DWD 270.04

CR 04-010: cr. Register November 2004 No. 587, eff. 12-1-04.

Section 103.001(16), Stats., provides that "welfare" includes "comfort, decency and moral well-being."