Labor, Workforce, and Occupational Licensing

The Department of Workforce Development houses the Worker’s Compensation Division, which administers the state’s Worker’s Compensation (WC) program. The WC law, established in 1911, is a system of no-fault insurance that pays benefits to employees for accidental injuries or diseases arising from an employee’s job.

Wisconsin has a number of laws that require recognition of a person’s military training and experience for the purpose of granting an occupational license. Veterans are also often entitled to a waiver or reduction of certain occupational licensing fees. In addition, state law provides a process for many military spouses living temporarily in Wisconsin to qualify for a reciprocal license.

Under Wisconsin law, the distinction between an employee and an independent contractor is important in the application of several state employment laws. For each law in which this distinction is important, state statute or case law contains a test used to determine whether an individual is an independent contractor. The application of the test is fact-specific, meaning that whether an individual is an independent contractor will depend on the specific facts surrounding that individual’s work. This issue brief describes the independent contractor tests for state laws relating to unemployment insurance and worker’s compensation.

Licensing of professional occupations in Wisconsin is largely overseen by the Department of Safety and Professional Services (DSPS), which regulates over 200 types of occupational licenses and houses almost 100 boards, councils, and advisory committees. This information memorandum provides a general overview of the following key aspects of DSPS’s administration of occupational licensing: (1) the types of occupations licensed through DSPS; (2) the joint administration of licenses by DSPS and the licensing bodies it houses; (3) the enforcement of licensing standards through disciplinary actions; and (4) the effect of criminal history and other “discriminatory” licensure criteria on an individual’s ability to qualify for a license.

Certain able individuals must fulfill a number of work hours to be eligible for food stamps, referred to in Wisconsin as the FoodShare program. Able-bodied adults without dependents who participate in FoodShare are subject to a federal time limit and work requirement. Each state is also required to operate its own food stamp employment and training program. Recent legislation enacted as part of the January 2018 Special Session on Welfare Reform expands the scope of Wisconsin’s FoodShare Employment and Training Program (FSET) to generally require FSET participation for all able-bodied adults, including those with dependents ages six and older. This information memorandum provides a general overview of the current status of implementation of these work requirements.

A “right-to-work” law prohibits an employer and labor organization from entering into an agreement that requires membership in a labor organization as a condition of employment. 2015 Wisconsin Act 1 creates such a “right-to-work” law for private sector employers and employees in Wisconsin. This information memorandum describes that law and provides background information on federal law relating to collective bargaining between private sector employers and employees.