Section 101.599. Remedies; civil forfeitures.

 

(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. 101.583 , 101.585 , 101.586 , 101.595 (1) , (2) (a) or (3) or 101.597 (1) or (2) , it may order the employer or agricultural employer to take such action as will remedy the effects of the violation, including instituting an education or training program, providing the requested information, reinstating an employee or providing back pay to an employee.

(3)   Civil forfeiture.

(a) Except as provided in par. (b) , any person who violates ss. 101.58 to 101.599 or an order of the department issued under ss. 101.58 to 101.599 shall forfeit not more than $1,000 for each violation.

(b) Any person who willfully violates or exhibits a pattern of violation of ss. 101.58 to 101.599 or an order of the department issued under ss. 101.58 to 101.599 shall forfeit not more than $10,000 for each violation.

1981 c. 364 ; 1981 c. 391 ss. 101 , 102 ; 1983 a. 392 ; 1989 a. 228 . Cross-reference: See also ch. SPS 335 , Wis. adm. code.