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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 473
October 11, 2023 - Introduced by Representatives SINICKI, C. ANDERSON, J.
ANDERSON, ANDRACA, BALDEH, BARE, BILLINGS, CABRERA, CLANCY, CONLEY,
CONSIDINE, DOYLE, DRAKE, EMERSON, GOYKE, HAYWOOD, HONG, JACOBSON,
JOERS, MADISON, MCGUIRE, MOORE OMOKUNDE, MYERS, NEUBAUER, OHNSTAD,
ORTIZ-VELEZ, PALMERI, RATCLIFF, RIEMER, SHANKLAND, SHELTON, SNODGRASS,
STUBBS, SUBECK and VINING, cosponsored by Senators WIRCH, AGARD,
CARPENTER, HESSELBEIN, L. JOHNSON, LARSON, ROYS, SMITH, SPREITZER and
TAYLOR. Referred to Committee on Labor and Integrated Employment.
***AUTHORS SUBJECT TO CHANGE***
AN ACT relating to: investigation and audit of worker misclassification and
making an appropriation.
Analysis by the Legislative Reference Bureau
This bill requires the Unemployment Insurance Division in the Department of
Workforce Development to coordinate with the Division of Personnel Management
in the Department of Administration to review all recruitment and onboarding
programs to ensure that auditor positions are correctly classified and the
compensation for auditors is comparable to that in the private labor market. The bill
also requires DWD to review resources available to investigators and auditors and
evaluate potential strategies and improvements that could be implemented by the
department. The bill also requires DWD to submit a report to the legislature of its
findings no later than January 31, 2025.
Finally, the bill authorizes three full-time positions for DWD to perform
investigations and audits regarding worker misclassification.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1.0Nonstatutory provisions.
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SECTION 1 ASSEMBLY BILL 473
(1) INVESTIGATION AND ENFORCEMENT OF WORKER CLASSIFICATION. The department
of workforce development shall do all of the following before December 31, 2024:
(a) Require the unemployment insurance division, in coordination with the
division of personnel management in the department of administration, to review all
recruitment and onboarding programs to ensure that auditor positions are correctly
classified and the compensation for auditors is comparable to that in the private
labor market.
(b) Review resources available to investigators and auditors and evaluate
potential strategies and improvements that could be implemented, including at least
all of the following:
1. Cross-training all investigators and auditors working in the department.
2. Adding bilingual staff.
3. Information technology improvements for more efficient exchange of
information.
(2) REPORTING. By no later than January 31, 2025, the department of workforce
development shall submit a report to the chief clerk of each house of the legislature
for distribution to the standing committees of the legislature under s. 13.172 (3) with
jurisdiction over workforce development. The report shall include the findings of the
department under sub. (1) (a) and (b).
SECTION 2.0Fiscal changes.
(1) INVESTIGATION AND ENFORCEMENT OF WORKER CLASSIFICATION. In the schedule
under s. 20.005 (3) for the appropriation to the department of workforce development
under s. 20.445 (1) (gc), the dollar amount for fiscal year 2023-24 is increased by
$157,500 to increase the authorized FTE positions for the department by 3.0 PR
positions for the purpose of investigating and enforcing worker classification laws
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SECTION 2
ASSEMBLY BILL 473
and rules. In the schedule under s. 20.005 (3) for the appropriation to the department
of workforce development under s. 20.445 (1) (gc), the dollar amount for fiscal year
2024-25 is increased by $210,000 for the positions authorized under this subsection.
(END)
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