Leyes de Denunciantes de Wisconsin: Protecciones y Cómo Denunciar

(1) No appointing authority, agent of an appointing authority or supervisor may initiate or administer, or threaten to initiate or administer, any retaliatory action against an employee. (2) This section does not apply to an employee who discloses information if the employee knows or anticipates that the disclosure is likely to result in the receipt of anything of value for the employee or for the employee’s immediate family, unless the employee discloses information in pursuit of any award offered by any governmental unit for information to improve government administration or operation. (3) Nothing in this section restricts the right of an employer to take appropriate disciplinary action against an employee who knowingly makes an untrue statement or discloses information the disclosure of which is expressly prohibited by state or federal law, rule or regulation. Cross-reference: See also ch. DWD 224, Wis. adm. code.

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(1) In this section: (a) “Disciplinary action” means any action taken with respect to an employee which has the effect, in whole or in part, of a penalty. (b) “Employee” means any person employed by any governmental unit except: 1. A person employed by the office of the governor, the courts, the legislature or a service agency under subch. IV of ch. 13. 2. A person who is, or whose immediate supervisor is, assigned to an executive salary group under s. 20.923 or a person who has, or whose immediate supervisor has, a position specified in s. 36.115 (3m) (ae) to (f). (c) “Governmental unit” means any association, authority, board, commission, department, independent agency, institution, office, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor and the courts. “Governmental unit” does not mean the University of Wisconsin Hospitals and Clinics Authority or any political subdivision of the state or body within one or more political subdivisions which is created by law or by action of one or more political subdivisions.

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In this subchapter: (1) “Abuse of authority” means an arbitrary or capricious exercise of power. (1m) “Appointing authority” means the chief officer of any governmental unit unless another person is authorized to appoint subordinate staff by the constitution or any law. (2) “Disciplinary action” means any action taken with respect to an employee which has the effect, in whole or in part, of a penalty, including but not limited to any of the following: (a) Dismissal, demotion, transfer, removal of any duty assigned to the employee’s position, refusal to restore, suspension, reprimand, verbal or physical harassment or reduction in base pay. (b) Denial of education or training, if the education or training may reasonably be expected to lead to an appointment, promotion, performance evaluation or other personnel action. (c) Reassignment. (d) Failure to increase base pay, except with respect to the determination of a discretionary performance award. (3) “Employee” means any person employed by any governmental unit except: (a) A person employed by the office of the governor, the courts, the legislature or a service agency under subch. IV of ch. 13.

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(1) An employee with knowledge of information the disclosure of which is not expressly prohibited by state or federal law, rule or regulation may disclose that information to any other person. However, to obtain protection under s. 230.83, before disclosing that information to any person other than his or her attorney, collective bargaining representative or legislator, the employee shall do either of the following: (a) Disclose the information in writing to the employee’s supervisor. (b) After asking the division of equal rights which governmental unit is appropriate to receive the information, disclose the information in writing only to the governmental unit that the division of equal rights determines is appropriate. The division of equal rights may not designate the department of justice, the courts, the legislature or a service agency under subch. IV of ch. 13 as an appropriate governmental unit to receive information. Each appropriate governmental unit shall designate an employee to receive information under this section.

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(1) An employee who believes that a supervisor or appointing authority has initiated or administered, or threatened to initiate or administer, a retaliatory action against that employee in violation of s. 230.83 may file a written complaint with the division of equal rights, specifying the nature of the retaliatory action or threat thereof and requesting relief, within 60 days after the retaliatory action allegedly occurred or was threatened or after the employee learned of the retaliatory action or threat thereof, whichever occurs last. (2) The division of equal rights shall receive and, except as provided in s. 230.45 (1m), investigate any complaint under sub. (1). In the course of investigating or otherwise processing such a complaint, the division of equal rights may require that an interview with any employee described in s. 230.80 (3), except a management or supervisory employee who is a party to or is immediately involved in the subject matter of the complaint, be conducted outside the presence of the appointing authority or any representative or agent thereof unless the employee voluntarily requests that presence.

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(1) Payment. Any award, judgment or settlement obtained by an employee under this subchapter shall be paid from the funds appropriated under s. 20.865 (1) (a), (g) and (q). (2) Effect. (a) A final order issued under s. 230.85 or 230.87 which has not been appealed and for which the time of appeal has passed binds all parties who were subjected to the jurisdiction of the division of equal rights or the court and who received an opportunity to be heard. With respect to these parties, the decree is conclusive as to all issues of law and fact decided. (b) No collective bargaining agreement supersedes the rights of an employee under this subchapter. However, nothing in this subchapter affects any right of an employee to pursue a grievance procedure under a collective bargaining agreement under subch. V of ch. 111, and if the division of equal rights determines that a grievance arising under such a collective bargaining agreement involves the same parties and matters as a complaint under s.

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Subject to ss. 111.33 to 111.365, it is an act of employment discrimination to do any of the following: (1) To refuse to hire, employ, admit or license any individual, to bar or terminate from employment or labor organization membership any individual, or to discriminate against any individual in promotion, compensation or in terms, conditions or privileges of employment or labor organization membership because of any basis enumerated in s. 111.321. (2) To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for employment or to make any inquiry in connection with prospective employment, which implies or expresses any limitation, specification or discrimination with respect to an individual or any intent to make such limitation, specification or discrimination because of any basis enumerated in s. 111.321. (2m) To discharge or otherwise discriminate against any individual because of any of the following: (a) The individual files a complaint or attempts to enforce any right under s.

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Except as provided under s. 111.375 (2), the department shall have the following powers and duties in carrying out this subchapter: (1) The department may receive and investigate a complaint charging discrimination, discriminatory practices, unfair honesty testing or unfair genetic testing in a particular case if the complaint is filed with the department no more than 300 days after the alleged discrimination, unfair honesty testing or unfair genetic testing occurred. The department may give publicity to its findings in the case. (2) In carrying out this subchapter the department and its duly authorized agents are empowered to hold hearings, subpoena witnesses, take testimony and make investigations in the manner provided in s. 103.005. The department or its duly authorized agents may privilege witnesses testifying before them under the provisions of this subchapter against self-incrimination. (3) The department shall dismiss a complaint if the person filing the complaint fails to respond within 20 days to any correspondence from the department concerning the complaint and if the correspondence is sent by certified mail to the last-known address of the person.

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(1) Definitions. In this section: (a) “Department” means the department of workforce development. (b) “Disciplinary action” has the meaning given in s. 230.80 (2). (c) “Health care facility” means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health complex or other place licensed or approved by the department of health services under s. 49.70, 49.71, 49.72, 50.03, 50.35, 51.08 or 51.09 or a facility under s. 45.50, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10. (d) “Health care provider” means any of the following: 1. A nurse licensed under ch. 441. 2. A chiropractor licensed under ch. 446. 3. A dentist or dental therapist who is licensed under ch. 447 or who holds a compact privilege under subch. II of ch. 447. 4. A physician, physician assistant, podiatrist, perfusionist, physical therapist, physical therapist assistant, occupational therapist, occupational therapy assistant, or genetic counselor licensed under ch. 448; a physical therapist or physical therapist assistant who holds a compact privilege under subch. XI of ch.

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(1) No employer or migrant labor contractor may terminate, suspend, demote, transfer or take any action otherwise unfavorable to any migrant worker in retaliation for the exercise by such worker of any right secured under the laws and regulations of the United States or of this state or any subdivision thereof. (2) Any person aggrieved under this section may maintain an action against the employer or migrant labor contractor. In addition to any other damages awarded, an employer or migrant labor contractor found to have violated this section shall be liable to such person aggrieved for full reinstatement and for back wages accumulated during the period of such unlawful retaliation. In cases of willful violation of this section, the court may assess exemplary damages up to double the amount of back wages found due in addition to any other damages awarded. In cases of aggravated circumstances, the court may also assess reasonable attorney fees in addition to any other damages awarded.

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No person may be employed or be permitted to work in any place of employment or at any employment for such period of time during any day, night or week, as is dangerous or prejudicial to the person’s life, health, safety or welfare. The department shall investigate, ascertain, determine and fix such reasonable classification, and promulgate rules fixing a period of time, or hours of beginning and ending work during any day, night or week, which shall be necessary to protect the life, health, safety or welfare of any person, or to carry out the purposes of ss. 103.01 to 103.03. The department shall, by rule, classify such periods of time into periods to be paid for at regular rates and periods to be paid for at the rate of at least one and one-half times the regular rates. Such investigations, classifications and orders shall be made as provided in s. 103.005 and the penalties under s. 103.005 (12) shall apply to and be imposed for any violation of ss. 103.01 to 103.03. Such orders shall be subject to review in the manner provided in ch. 227. Section 111.322 (2m) applies to discharge or other discriminatory acts arising in connection with any proceeding under this section.

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(1) Definitions. In this section: (a) “Child” means a natural, adopted, or foster child, a stepchild, or a legal ward to whom any of the following applies: 1. The individual is less than 18 years of age. 2. The individual is 18 years of age or older and cannot care for himself or herself because of a serious health condition. (am) “Christian Science practitioner” means a Christian Science practitioner residing in this state who is listed as a practitioner in the Christian Science journal. (ar) “Domestic partner” has the meaning given in s. 40.02 (21c) or 770.01 (1). (b) Except as provided in sub. (1m) (b) 2. and s. 452.38, “employee” means an individual employed in this state by an employer, except the employer’s parent, spouse, domestic partner, or child. (c) Except as provided in sub. (1m) (b) 3., “employer” means a person engaging in any activity, enterprise or business in this state employing at least 50 individuals on a permanent basis.

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(1) Definition. In this section, “employee” includes former employees. (2) Open records. Every employer shall, upon the request of an employee, which the employer may require the employee to make in writing, permit the employee to inspect any personnel documents which are used or which have been used in determining that employee’s qualifications for employment, promotion, transfer, additional compensation, termination or other disciplinary action, and medical records, except as provided in subs. (5) and (6). An employee may request all or any part of his or her records, except as provided in sub. (6). The employer shall grant at least 2 requests by an employee in a calendar year, unless otherwise provided in a collective bargaining agreement, to inspect the employee’s personnel records as provided in this section. The employer shall provide the employee with the opportunity to inspect the employee’s personnel records within 7 working days after the employee makes the request for inspection. The inspection shall take place at a location reasonably near the employee’s place of employment and during normal working hours.

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As used in ss. 103.64 to 103.82: (1m) “Farming” has the meaning given in s. 102.04 (3). (2) “Nonprofit organization” means an organization described in section 501 (c) of the internal revenue code. (3) “Permit officer” means a person designated by the department to issue permits authorizing the employment of minors. (4) “Private school” has the meaning given in s. 115.001 (3r). (5) “Public school” has the meaning given in s. 115.01 (1). (6) “Tribal school” has the meaning given in s. 115.001 (15m).

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(1) Definitions. In this section: (a) “Abuse” means any of the following: 1. Physical abuse. 2. Emotional abuse. 3. Sexual abuse. 4. Treatment without consent. 5. Unreasonable confinement or restraint. (ag) “Aging unit” has the meaning given under s. 46.82 (1) (a). (aj) “Bodily harm” means physical pain or injury, illness, or any impairment of physical condition. (an) “Caregiver” means a person who has assumed responsibility for all or a portion of an individual’s care voluntarily, by contract, or by agreement, including a person acting or claiming to act as a legal guardian. (ar) “Case management” means an assessment of need for direct services, development of a direct service plan and coordination and monitoring of the provision of direct services. (bm) “Direct services” includes temporary shelter, relocation assistance, housing, respite care, emergency funds for food and clothing and legal assistance. (br) “Elder adult at risk” means any person age 60 or older who has experienced, is currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or financial exploitation.

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(1) Not to work with toxic substance, infectious agent or pesticide. Except as provided in ss. 101.589 (3) and 101.592, if an employee has requested information about a toxic substance, infectious agent or pesticide under s. 101.583, 101.585 or 101.586 and has not received the information required to be provided under s. 101.583, 101.585, 101.586 or 101.589 (1) or (2), the employee may refuse to work with or be exposed to the toxic substance, infectious agent or pesticide until such time as the employer or agricultural employer supplies the information under s. 101.583, 101.585 or 101.586 to the employee who has made the request. (2) Retaliation prohibited. (a) No employer or agricultural employer may discharge or otherwise discipline or discriminate against any employee because the employee has exercised any rights under ss. 101.58 to 101.599. (b) Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under ss. 101.58 to 101.599. (3) Waiver prohibited. No person may request or require any employee to waive any rights under ss. 101.58 to 101.599. Cross-reference: See also ch. SPS 335, Wis. adm. code.

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(1) Short title. Sections 101.58 to 101.599 shall be known as the “Employees’ Right to Know Law”. (2) Definitions. In ss. 101.58 to 101.599: (a) “Agricultural employer” means any person, including the state and its political subdivisions, who engages the services of any employee to perform agricultural labor. If any employee is present at the workplace of an agricultural employer under an agreement between that agricultural employer and another agricultural employer or employer, “agricultural employer” means the agricultural employer with control or custody of a pesticide. An agricultural employer who engages some employees to perform agricultural labor and other employees for other purposes is only an agricultural employer with respect to the employees engaged to perform agricultural labor. (b) “Agricultural labor” has the meaning provided in s. 108.02 (2). (c) “Employee” means any person whose services are currently or were formerly engaged by an employer or an agricultural employer, or any applicant at the time an employer or agricultural employer offers to engage his or her services.

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(1) Complaint. An employee or employee representative who has not been afforded his or her rights by an employer or agricultural employer in violation of s. 101.583, 101.585, 101.586, 101.595 (1), (2) (a) or (3) or 101.597 (1) or (2) may, within 30 days after the violation occurs or the employee or employee representative first obtains knowledge of the violation, whichever is later, file a complaint with the department alleging the violation. The department shall investigate the complaint and shall attempt to resolve the complaint by conference, conciliation or persuasion. If the complaint is not resolved and the department finds probable cause to believe a violation has occurred, the department shall proceed with notice and a hearing on the complaint as provided in ch. 227. The hearing shall be held within 60 days after receipt by the department of the complaint. (2) Remedies. The department shall issue its decision and order within 30 days after the hearing. If the department finds that an employer or agricultural employer has violated s.

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(1) Every employer and every insurance company that fails to keep the records or to make the reports required by this chapter or that knowingly falsifies such records or makes false reports shall pay a work injury supplemental benefit surcharge to the state of not less than $10 nor more than $100 for each offense. The department may waive or reduce a surcharge imposed under this subsection if the employer or insurance company that violated this subsection requests a waiver or reduction of the surcharge within 45 days after the date on which notice of the surcharge is mailed to the employer or insurance company and shows that the violation was due to mistake or an absence of information. A surcharge imposed under this subsection is due within 30 days after the date on which notice of the surcharge is mailed to the employer or insurance company. Interest shall accrue on amounts that are not paid when due at the rate of 1 percent per month. All surcharges and interest payments received under this subsection shall be deposited in the fund established under s. 102.65.

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Any person may register with the department a complaint that the wages paid to an employee for whom a minimum wage has been established under s. 104.035 are less than that minimum wage, and the department shall investigate the matter and take all proceedings necessary to enforce the payment of that minimum wage. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.

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(1) Required frequency of payments. Every employer shall as often as monthly pay to every employee engaged in the employer’s business, except those employees engaged in logging operations and farm labor, all wages earned by the employee to a day not more than 31 days prior to the date of payment. Employees engaged in logging operations and farm labor shall be paid all earned wages no less often than at regular quarterly intervals. Any employee who is absent at the time fixed for payment or who for any other reason is not paid at that time shall be paid thereafter at any time upon 6 days’ demand. The required frequency of wage payments provided in this subsection does not apply to any of the following: (a) Employees covered under a valid collective bargaining agreement establishing a different frequency for wage payments, including deferred payments exercised at the option of employees.

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(1) In this section: (a) “Affected employee, retiree or dependent” means an employee, retired employee or a surviving covered dependent of an employee or retired employee who loses, or may reasonably be expected to lose, his or her health care benefits provided by an employer who is required to give notice under sub. (2) because the employer has decided to cease providing health care benefits. (b) “Employee benefit plan” means a plan as defined in 29 USC 1002 (3). (c) “Employer” means any business enterprise that employs 50 or more persons in this state. (d) “Health care benefits” means coverage of health care expenses under an employee benefit plan. (2) Subject to sub. (5) or (6), an employer who has decided to cease providing health care benefits in this state shall promptly notify any affected employee, retiree or dependent and any collective bargaining representative of any affected employee, retiree or dependent in writing of such action no later than 60 days prior to the date that the cessation of health care benefits takes place. This subsection does not apply to a cessation of health care benefits that is caused by a strike or lockout.

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(1) Definitions. In this section: (a) “Local governmental unit” means a political subdivision of this state, a special purpose district in this state, an agency or corporation of a political subdivision or special purpose district, or a combination or subunit of any of the foregoing. (b) “Prohibited boycott” means a refusal to deal with or a termination of business relations with Israel or a person doing business in Israel or in a territory under Israeli jurisdiction, if the refusal or termination is intended to penalize, inflict economic harm on, or limit commercial relations with Israel or the territory. “Prohibited boycott” does not include an action taken for ordinary business purposes. (c) “State agency” means an association, authority, board, department, commission, independent agency, institution, office, society, or other body in state government created or authorized to be created by the constitution or any law. (2) Prohibition of boycotting and other actions. No state agency and no local governmental unit may adopt a rule, ordinance, policy, or procedure that involves the state agency or local governmental unit in a prohibited boycott.

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(1b) In this section: (a) “Crime” means any of the following: 1. Any Class A, B, C, or D felony under chs. 940 to 948 or 961. 2. A violation of any of the following if it is a Class E, F, G, H, or I felony: a. Section 940.04, 940.11, 940.22 (2), 940.225 (3), 940.29, 940.302 (2) (c), 940.32, 940.60 (2) or (3), 940.61, 940.62, 940.65 (2) or (3), 940.66 (2) (b) or (c) or (3), 941.32, 941.38 (2), 942.09 (2), 942.095, 943.10, 943.205, 943.32 (1), 946.43, 946.44, 946.47, 946.48, 947.016, 948.02 (3), 948.03 (2) (b) or (c), (3), or (4), 948.04, 948.055, 948.095, 948.10 (1) (a), 948.11, 948.13 (2) (a), 948.14, 948.20, 948.23 (1), (2), or (3) (c) 2. or 3., or 948.30 (1) or s. 940.19 (2), 2023 stats., s. 940.19 (4), 2023 stats., s. 940.19 (5), 2023 stats., s. 940.19 (6), 2023 stats., s. 940.195 (2), 2023 stats., s. 940.195 (4), 2023 stats., s. 940.195 (5), 2023 stats., s. 940.195 (6), 2023 stats., s. 940.198 (2) (b), 2023 stats., s. 940.198 (2) (c), 2023 stats., s. 940.198 (3), 2023 stats., s. 940.20, 2023 stats., s. 940.201, 2023 stats., s. 940.203, 2023 stats., s. 940.204, 2023 stats., s. 940.205, 2023 stats., s. 940.207, 2023 stats., or s. 940.208, 2023 stats. b.

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