Section DWD 301.05 - Migrant labor contractors(1) CERTIFICATE OF REGISTRATION.(a) A person shall apply annually to the department for issuance or renewal of a certificate of registration to engage in activities as a migrant labor contractor on a form prescribed by the department or on the form used to comply with 29 USC 1811(a). The fee for issuance or renewal of the certificate of registration shall be $100. Note: Section 103.91 (1), Stats., prohibits a person from engaging in activities as a migrant labor contractor unless the person obtains a certificate of registration from the department. Section 103.91 (3), Stats., requires a certificate to be renewed annually.
(b) The department shall review and make a determination on a person's application under par. (a) within 20 working days after the application is received. The department may extend the time period for making a determination in order to determine whether s. 103.91 (4) (b), (c), or (d), Stats., applies to the person. Note: Sections 103.91 (4) (b), (c), and (d), Stats., specify the circumstances for denying, suspending, revoking, or not renewing a certificate of registration to engage in activities as a migrant labor contractor based on delinquencies in child or family support, taxes, or unemployment insurance contributions.
(c) If the department refuses to issue a certificate of registration to engage in migrant labor contractor activities to a person or suspends, revokes, or refuses to renew a person's certificate of registration to engage in migrant labor contractor activities, the person may, within 20 days of the date of the refusal, suspension, or revocation, file a written request for a hearing under s. DWD 301.135. The request shall specify the grounds for the review and the relief sought.(8) DUTIES. Every migrant labor contractor shall do all of the following:(a) Submit a separate application for a migrant labor contractor employee identification card on a form prescribed by the department or the form used to comply with 29 USC 1811 (b) for each officer, director, partner, or agent of the migrant labor contractor at the time of application or within 10 days after hiring or contracting with such person.(am) Provide to the department a copy of the migrant labor contractor's certificate of registration as a farm labor contractor issued pursuant to 29 USC 1811 (a) and the certificate of registration issued to any individual hired, employed, or used by the migrant labor contractor to perform farm labor contracting activities.(b) Keep records that show all of the following for each worker recruited: 1. Name in full and home address.2. All fees and other consideration paid to the migrant labor contractor on account of the labor or recruitment of the worker.3. The cost to the migrant labor contractor of goods and services provided to the worker.4. All sums and the purpose for all sums received from or on behalf of the worker.(bm) Preserve the records specified in par. (b) for a period of 3 years and make them available to the worker or the department for inspection upon request.(c) Provide a policy under s. 103.91 (8) (f), Stats., the limits of which with respect to each vehicle shall be not less than $100,000 for each seat in the vehicle, but in no event is the total insurance required to be more than $5,000,000 for any one vehicle. For purposes of this paragraph, the number of seats in the vehicle is the manufacturer's rated capacity or, for vehicles fitted or customized after manufacture, the number of seats prescribed in 29 CFR 500.105 (b) (3) (vi) (D). This paragraph shall not apply if the migrant labor contractor furnishes transportation only as the agent of an employer who has obtained a policy of insurance against liability for damages arising out of the operation of motor vehicles with coverage equivalent to the coverage required under this paragraph.(d) Provide a completed Vehicle Mechanical Inspection Report Form WH-514 for each vehicle used to transport individuals or property in connection with activities as a migrant labor contractor. Note: Form WH-514 is available for the U.S. Department of Labor at https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/wh514.pdf.
(e) Provide every worker recruited a written work agreement as specified in ss. 103.90 to 103.97, Stats., and this chapter. If recruitment of a worker is by telephone, the migrant labor contractor shall provide the written work agreement as soon as reasonably possible.Wis. Admin. Code Department of Workforce Development DWD 301.05
Cr. Register, April, 1978, No. 268, eff. 5-1-78; cr. (9), Register, March, 1986, No. 363, eff. 4-1-86; renum. from Ind 201.05, Register, February, 1993, No. 446, eff. 3-1-93; am. (2), (8) (a), (c) and (d), Register, December, 1997, No. 504, eff. 1-1-98; CR 07-018: am. (1) and (8) (a) Register December 2007 No. 624, eff. 1-1-08.Amended by, CR 23-030: cr. (1) (title), cons. (1) and (2) and renum. to (1) (a) and am., cr. (1) (b), (c), r. (3), renum. (4), (5), (6) to DWD 301.015 (11), (21), (9) and am., r. (7), cr. (8) (title), am. (8) (intro.), (a), cr. (8) (am), renum. (8) (b) to (8) (b) (intro.) and (bm) and am., am. (8) (c) to (e), r. (9) Register January 2024 No. 817, eff. 2/1/2024