Special Employment Situations

When an employee has 2 or more jobs with different employers: When the employee has more than one job, use only the earnings from the job of injury. The only time a second job enters into the picture is if the employee can return to the second job and the injured employee’s wages have been expanded to either a minimum of 24, as part of a regular scheduled class or to full-time hours. The insurance company pays TPD, using the earnings from the second job. Wages from a full-time job cannot be used to offset against those from a part-time job unless the job was obtained after the injury, s. 102.43(6)(b).

Less than minimum wage earners: If an employer is paying the employees at less than the minimum hourly rate established by the Department of Workforce Development Division of Equal Rights, the hourly rate used in setting the compensation wage must be raised to the legal minimum wage. The State of Wisconsin and its political subdivisions and certain employers who have obtained sub-minimum Wage Licenses from the Equal Rights Division are exempt from the minimum wage rates. For current information, see ILHR Rule 72 or contact the Equal Rights Division. If a self-employed person pays him or herself less than minimum wage, accept amount paid, subject to the statutory minimum (currently $30 per week).

Employees 15 and under: Set wages at full (100%) without requesting a restriction statement, as long as they do not make more then their non-restricting peers and did not work elsewhere.

Sheltered employees: Some employers are allowed by a sub-minimum Wage License to pay less than the minimum hourly rate. These are workers in sheltered employment for rehabilitation purposes whose skills are such that they cannot compete in the labor market. Since the employers are licensed to pay sub minimum hourly rates for these employees, the actual hourly rate (rather than the minimum hourly rate) may be used for purposes of determining the compensation rate.

Sheltered employees are always treated as part of a regularly scheduled class. In cases where the employee is working fewer than 16 hours per week, and consideration is being given to setting the TTD rate as restricted at 100% of actual earnings, a restriction statement must be provided. If necessary, the employee's caseworker or parent/guardian may sign the statement for the worker.

Husband and Wife: If the husband and wife are hired jointly, one-half of the wage is allowed to each person, unless specific agreement of some other division can be shown.

Welfare Workers: If the person is working in exchange for public assistance, there will be no wage loss for temporary disability so it will be handled as salary continuation. For purposes of paying permanent disability or death benefits, wage will be set as for any other employee depending on full or part-time status.

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