Question of Full Time: If an employer does not maintain regularly scheduled
full time employees, it is the department’s assumption that 40 hours is to
be considered normal full time. A full-time workweek can never be fewer than
24 hours. For injuries prior to November 27, 1985, the minimum was 30 hours. Bring wage up to normal full-time employment for that type of work setting,
unless the following apply:
If the employee is part of a regularly scheduled class of part-time
employees, raise to minimum of 24 hour workweek or to actual hours if higher
than 24. To be considered part of a regularly scheduled class of part-time
employees, an employee must be a member of a group of part-time employees
who do the same type of work and who maintain the same type of regular work
schedule, of the same hours as each other. Note that at least 10% of total
employees must work the same schedule to constitute a class, in the same
classification or job title of work. There can’t be more than a 5-hour
variance from week to week or from one employee to another doing the same
If the employee restricts availability on the labor market and is not
employed elsewhere and 2/3’s of the wage established above is more than the
person’s actual earnings, temporary disability benefits are limited to the
person’s actual earnings. The restricted employment wage is only used for
temporary disability payments. The wage for permanent disability and death
benefits must be computed as in prior sections.
A self restriction statement is a signed statement or a copy of the
transcription of a recorded statement from the employee indicating that
he/she restricted availability on the labor market to part-time employment
and was not employed elsewhere at the time of the injury. It must be
submitted by the insurer or self-insured employer wishing to pay
compensation under the provisions of the restricted employment section. The
requirement for the statement is waived for children under the age of 16.
The injured employee cannot receive more than their non-restricting peers.
The TTD is then paid at 100%. (Reference Adm. Code DWD 80.02(2)(2). The
minimum compensation wage in Section 102.11 (1) is not considered when
applying the restricted section.
When an employee is not part of a regularly scheduled class of part-time
employees, and the employer does not maintain full-time employment for the
type of work, the department assumes the normal full-time workweek to be 40
hours unless there is information that can be supported to show otherwise.
If there is a contention of less then 40 hours, an investigation must be
made by the insurer to establish the wage under Section 102.11(1)(c),
statutes. A check is made with other employers in the same area where the
injured employee worked to find out the number of hours that constitute the
normal full-time workweek for the same or similar type of employment. The
injured employee’s wage is then based on an average of the number of hours
that these other full-time employees work. C. If part-time employees are
salaried or paid by some method other than an hourly rate, an hourly rate
must be established. This is done by dividing the total earned by the number
of hours worked in a pay period. If the employer’s records are so incomplete
that this cannot be done, a check for the going rate must be made with other
employers in the same area, as in Section B on the previous page.