Section 103.275. Duties of employers in house-to-house street trades.

 

(1)   Certification required. No person may do any of the following without obtaining a certificate under sub. (2) :

(a) Act as a house-to-house employer.

(b) Recruit or offer employment to a minor to conduct street trades from house to house.

(2)   Application and issuance of certificate.

(a) A person shall apply to the department for a house-to-house employer certificate by submitting an application to the department. The department shall furnish applications upon request and applications shall contain all of the following:

1. The name of the applicant and the address and telephone of its principal place of business.

2. If the applicant is a corporation, the date and place of its incorporation.

2L. If the applicant is a limited liability company, the date and place of its organization.

3. The name and permanent home address of the sole proprietor, managing partner, managers or principal officers of the applicant.

4. The names, permanent home addresses and dates of birth of any of the applicant's employees, agents or representatives who supervise minor employees conducting street trades from house to house.

5. The employer identification numbers assigned to the applicant by the internal revenue service and the department of revenue.

6. Any documents required by the department to prove that the applicant has complied with sub. (3) .

7. Any other information that the department considers relevant.

(b) Except as provided under pars. (bm) , (br) , and (bt) , upon receipt of a properly completed application, the department shall issue a house-to-house employer certificate if all of the following apply:

1. The department is satisfied that the applicant will comply with ss. 103.21 to 103.31 .

2. The applicant has established proof of ability to pay under sub. (3) .

3. If the application is for a new certificate after revocation under sub. (7) , the revocation occurred at least 12 months before issuance of the new certificate.

(bg)

1. Except as provided in subd. 2m. , the department shall require each applicant for a house-to-house employer certificate under this subsection who is an individual to provide the department with the applicant's social security number, and shall require each applicant for a house-to-house employer certificate who is not an individual to provide the department with the applicant's federal employer identification number, when initially applying for or applying to renew the house-to-house employer certificate.

2. If an applicant who is an individual fails to provide the applicant's social security number to the department or if an applicant who is not an individual fails to provide the applicant's federal employer identification number to the department, the department may not issue or renew a house-to-house employer certificate under this subsection to or for the applicant unless the applicant is an individual who does not have a social security number and the applicant submits a statement made or subscribed under oath or affirmation as required under subd. 2m.

2m. If an applicant who is an individual does not have a social security number, the applicant shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department. A house-to-house employer certificate issued in reliance upon a false statement submitted under this subdivision is invalid.

3. The department of workforce development may not disclose any information received under subd. 1. to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 or the department of children and families for purposes of administering s. 49.22 .

(bm) The department of workforce development shall deny, suspend, restrict, refuse to renew, or otherwise withhold a house-to-house employer certificate for failure of the applicant or house-to-house employer to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse or for failure of the applicant or house-to-house employer to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857 . Notwithstanding sub. (7) and s. 103.005 (10) , an action taken under this paragraph is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in sub. (7) and ch. 227 .

(br) The department shall deny an application for the issuance or renewal of a house-to-house employer certificate, or revoke such a certificate already issued, if the department of revenue certifies under s. 73.0301 that the applicant or house-to-house employer is liable for delinquent taxes. Notwithstanding sub. (7) and s. 103.005 (10) , an action taken under this paragraph is subject to review only as provided under s. 73.0301 (5) and not as provided in sub. (7) and ch. 227 .

(bt)

1. The department may deny an application for the issuance or renewal of a house-to-house employer certificate, or revoke such a certificate already issued, if the department determines that the applicant or house-to-house employer is liable for delinquent contributions, as defined in s. 108.227 (1) (d) . Notwithstanding sub. (7) and s. 103.005 (10) , an action taken under this subdivision is subject to review only as provided under s. 108.227 (5) and not as provided in sub. (7) and ch. 227 .

2. If the department denies an application or revokes a certificate under subd. 1. , the department shall mail a notice of denial or revocation to the applicant or house-to-house employer. The notice shall include a statement of the facts that warrant the denial or revocation and a statement that the applicant or house-to-house employer may, within 30 days after the date on which the notice of denial or revocation is mailed, file a written request with the department to have the determination that the applicant or house-to-house employer is liable for delinquent contributions reviewed at a hearing under s. 108.227 (5) (a) .

3. If, after a hearing under s. 108.227 (5) (a) , the department affirms a determination under subd. 1. that an applicant or house-to-house employer is liable for delinquent contributions, the department shall affirm its denial or revocation. An applicant or house-to-house employer may seek judicial review under s. 108.227 (6) of an affirmation by the department of a denial or revocation under this subdivision.

4. If, after a hearing under s. 108.227 (5) (a) , the department determines that a person whose certificate is revoked or whose application is denied under subd. 1. is not liable for delinquent contributions, as defined in s. 108.227 (1) (d) , the department shall reinstate the certificate or approve the application, unless there are other grounds for revocation or denial. The department may not charge a fee for reinstatement of a certificate under this subdivision.

(c) A person who receives a house-to-house employer certificate shall notify the department of any changes in the information required in the application submitted under par. (a) within 30 days after the change occurs.

(d) A house-to-house employer certificate is valid for a 12-month period. A house-to-house employer may renew a certificate by submitting an application under par. (a) , subject to the conditions under par. (b) .

(3)   Financial responsibility.

(a) A house-to-house employer shall establish proof of its ability to pay any compensation owed to minor employees and any penalties that may be imposed under s. 103.29 .

(b) A house-to-house employer shall prove its ability to pay under par. (a) by maintaining one of the following commitments, in an amount of at least $5,000 and in a form approved by the department:

1. A bond.

2. A certificate of deposit.

3. An established escrow account.

4. An irrevocable letter of credit.

(c) The commitment described in par. (b) shall be established in favor of or made payable to the department, for the benefit of the state and any minor employee who does not receive the compensation earned by the minor employee. The house-to-house employer shall file with the department any agreement, instrument or other document necessary to enforce the commitment against the house-to-house employer or any relevant 3rd party, or both.

(4)   Disclosure to minor employees.

(a) When a minor applies for a job to conduct street trades from house to house, the house-to-house employer shall inform the minor in writing of the terms and conditions of employment including all of the following:

1. Compensation, including commissions, bonuses or contest awards.

2. The time and manner of the payment of compensation.

3. The number of days per week and of hours per day that the minor would be required to conduct street trades from house to house.

4. The nature and frequency of required employment-related meetings and how compensation is paid for attendance at the meetings.

5. Whether and how the house-to-house employer provides transportation.

6. The expenses related to employment that the applicant would be required to pay.

(b) No house-to-house employer may fail to comply with the terms of the written disclosure statement required under par. (a) . A house-to-house employer may change the terms of a disclosure statement by a supplemental document in writing, if the change applies only prospectively.

(5)   Records and inspection. A door-to-door employer shall do all of the following:

(a) Keep a copy of the street trade permit obtained for an employee under s. 103.25 for at least 3 years after the employee attains the age of 18 or leaves the employment of the employer, whichever occurs first.

(b) Keep a list of the names of all municipalities where minor employees of the house-to-house employer conducted street trades from house to house within the last 3 years.

(c) At the department's request, do any of the following:

1. Allow the department to inspect the certificate issued under sub. (2) or any street trade permits obtained under s. 103.25 .

2. Provide a list of the municipalities where the house-to-house employer intends to employ minors to conduct street trades from house to house within 6 months after the date of the request.

(6)   Notification to police or sheriff.

(a) When a house-to-house employer obtains a stamp from a municipal clerk under s. 103.25 (3m) (b) , the house-to-house employer shall provide notice that a minor is or will be conducting a street trade for the house-to-house employer in the municipality to the following:

1. The local police department, if the municipality has a police department and a population of 2,500 or more.

2. To the office of the sheriff of the county where the municipality is located, if the municipality has no police department.

3. To the local police department or the office of the sheriff of the county where the municipality is located, if the municipality has a police department or a population greater than 2,500.

(7)   Suspension or revocation of certificate.

(a) The department may investigate and hold hearings in connection with certificates issued under sub. (2) .

(b) Except as provided in sub. (2) (bm) , (br) , and (bt) , after providing at least 10 days' notice to a house-to-house employer, the department may, on its own or upon a written and signed complaint, suspend the house-to-house employer's certificate. The department shall serve a copy of the complaint with notice of a suspension of the certificate on the person complained against, and the person shall file an answer to the complaint with the department and the complainant within 10 days after service. After receiving the answer, the department shall set the matter for hearing as promptly as possible and within 30 days after the date of filing the complaint. Either party may appear at the hearing in person or by attorney or agent. The department shall make its findings and determination concerning the suspension within 90 days after the date that the hearing is concluded and send a copy to each interested party.

(c) Except as provided in sub. (2) (bm) , (br) , and (bt) , the department may revoke a certificate issued under sub. (2) after holding a public hearing at a place designated by the department. At least 10 days prior to the revocation hearing, the department shall send written notice of the time and place of the revocation hearing to the person holding the certificate and to the person's attorney or agent of record by mailing the notice to their last-known address. The testimony presented and proceedings at the revocation hearing shall be recorded and preserved as the records of the department. The department shall, as soon after the hearing as possible, make its findings and determination concerning revocation and send a copy to each interested party.

(d) The department may suspend a certificate under par. (b) only if it has reason to believe, or may revoke a certificate under par. (c) only if it finds, that the house-to-house employer has done any of the following:

1. Submitted false information to the department in an application under sub. (2) (a) , if the information caused the department to issue the certificate when it would otherwise not have done so.

2. Failed to notify the department of a change in information under sub. (2) (c) .

3. Failed to comply with the terms of a written disclosure statement under sub. (4) .

4. Failed to maintain proof of ability to pay under sub. (3) .

5. Failed to comply with s. 103.23 , 103.24 , 103.25 or 103.27 or the rules of the department.

(8)   Exception. This section does not apply to the employment of a minor by a newspaper publisher or in a fund-raising sale for a nonprofit organization, a public school, a private school, or a tribal school.

1989 a. 113 , 359 ; 1993 a. 112 ; 1997 a. 191 , 237 ; 1999 a. 9 ; 2009 a. 180 , 302 ; 2013 a. 36 .