New Rules For Temporary Employment

A new set of rules for temporary employment, DWD 133, took effect on August 5, 2007. The new rules determine whether the employment relationship continues or is terminated for the purpose of unemployment insurance benefit eligibility.

It is common for temporary assignments to end suddenly. The new rules require the employer and employee to communicate promptly when either of them learns that an assignment has ended -- prior to the end of the second full business day after the end of the assignment. Failure to do so will affect benefit eligibility.

To avoid a separation the employer must inform the employee that the employer will provide a new assignment that will begin within 7 days and start the new assignment. The assignment must conform to the conditions under which the individual offered to work in the written application for employment submitted prior to the first assignment, or as subsequently agreed. An offer of a nonconforming assignment is a separation by the employer.

The employment relationship between the employer and the employee is voluntarily separated by the employee when the employee fails to notify the employer that an assignment has ended -- but only if the employer’s policy requires such notification and the employee had notice of this policy prior to the end of the assignment and the employer is not aware that the assignment has ended. It is also considered a quit where the employee refuses a conforming assignment, fails to respond to an offer of work within a reasonable time or cannot be contacted because of the employee’s failure to provide the employer with adequate contact information.

Tax Liability Deferral

Any employer who elected to defer payment on their first quarter 2007 UI tax liability is reminded that at least 90% of the liability must be paid by the October 31, 2007 third quarter due date. In addition, all other tax liability, including third quarter 2007, must be paid in full.

Discontinuation of Reminder Postcards

Employers who electronically file their quarterly tax and wage reports have been receiving postcards to remind them it is time to file their quarterly reports. These postcards arrive approximately 30 days before the filing deadline. The postcard sent for the 3rd quarter of 2007 will be the last time we will be sending out these reminder postcards.

Labor Law Clinics

The Department of Workforce Development (DWD) has scheduled various Labor Law Clinics for Wisconsin area business leaders and employees. Labor Law Clinics are educational seminars focusing on topics chosen by local employers about laws such as Wisconsin’s anti-discrimination, unemployment insurance, worker's compensation, and labor standards laws.

Clinics are scheduled as follows:

• October 17, 2007 – Kimberly
• November 14, 2007 – Janesville
• December 6, 2007 – Milwaukee
• January 23, 2008 – Kenosha (tentative)

Presentations provide an initial orientation to the topic. Speakers are “hands-on” experts working within the program area and are available to respond to a wide range of questions about their programs. In addition, extensive resource materials such as employer handbooks, law text, and required posters are available free of charge.

Registration for the clinic is required. A registration form is available from the DWD website http://dwd.wisconsin.gov/laborlaw/, or by contacting Yvonne Hagen at 608-266-3100 or Egon Breckner at 608-267-9796, or sending an email to laborlawclinic@dwd.state.wi.us.

To receive notification of future clinic dates, an email subscription service is available through the web site at http://dwd.wisconsin.gov/laborlaw/maillists.

Electronic Reporting

For Tax and Wage Reports due for 3rd Quarter 2007: Quarterly reporting requirements will change for employers reporting 50 or more employees.

Contribution Reports: Employers with 50 or more employees who prepare and file their own reports must file via QTWRS, our web-based reporting screen (http://uiqtwrs.wisconsin.gov).

Wage Reports: Employers with 50 or more employees who file their own reports must file electronically, via QTWRS or one of the other automated media reporting options described on our website (http://dwd.wisconsin.gov/uiben/wagehome.htm).

Penalties: Failure to comply with these filing requirements will result in penalties of $25 for each Contribution Report filed on paper, and $10 per employee for Wage Reports filed on paper.

Report Your Multiple Worksite Data on the Web

DWD’s Bureau of Workforce Training, Labor Market Information Section, has partnered with the Bureau of Labor Statistics (BLS) to offer an additional method for reporting your Multiple Worksite Report (MWR). You can now report your MWR data using the Internet at a BLS secure website!

In fact, since it was introduced to a sample of employers for 2007/1 reporting, and expanded for 2007/2, Wisconsin has led the nation in response rates both quarters. Thank you!

If you choose the Web-reporting option, then:

• Once you submit your data on the Web, you will no longer receive paper forms. A reminder email will be sent indicating that data collection for the new quarter has begun.
• If you want to convert back to paper or have problems, BLS provides a help desk.
• If you forget to submit your data on the Web as the deadline approaches, you’ll receive a reminder email.

We will continue to expand our selection of eligible employers each quarter. Contact Deb Holt at 608-266-5321 or deb.holt@dwd.state.wi.us for more information. You help us create the labor market information you need to make decisions about your work world!

Plant Shutdowns

If you are planning a plant shutdown or a major layoff that affects 50 or more employees over Thanksgiving and/or Christmas/New Years weeks, we can arrange to take their applications for unemployment benefits early. By filing their claims early, your employees can avoid the busy signals we usually experience in holiday weeks.

To arrange a special time for your employees to apply for unemployment benefits, please contact Lara Meinholz by telephone at 608-232-0779, by fax at 608-260-2518 or by e-mail at lara.meinholz@dwd.state.wi.us.

If you have less than 50 employees, no special arrangements need to be made.

An initial claim application can be made on-line at http://ucclaim-wi.org. Employees can also call one of the following telephone numbers to apply if they do not have Internet access.

Madison 608-232-0678
Milwaukee 414-438-7700
Toll Free 1-800-822-5246
TTY Toll Free 1-888-393-8914

Remember that weekly claims can now be filed on-line at http://ucclaim-wi.org.

NEW HIRE REPORTING

State and federal law requires all employers with a Federal Employer Identification Number to report all newly hired employees. New Hire reports are due within 20 days after the employee begins working or returns to work after an unpaid absence of 90 days or more. Reports should include all employees (even short-term or no longer employed).

The easiest and most cost-effective way to submit a New Hire report is through the Internet. To begin reporting, visit the New Hire web site at http://dwd.wisconsin.gov/ui/ and follow the link to New Hire Reporting. If you would like more information, please call the New Hire Processing Center toll free at 1-888-300-4473.

If you have employees in more than one state and want to report all of your new hires to only one state, you will find information about how to register as a multi-state employer at http://dwd.wisconsin.gov/uinh/multi.htm.

The New Hire program’s primary aim is to locate individuals with child support obligations. The reported employment start dates are vital to the program. More information is available at http://dwd.wisconsin.gov/uinh/.

UCB-11618 (R. 08/2007)