The Wisconsin farm labor laws are found in Wis. Stat. §§ 103.90 through 103.96, Wis. Stat. §§ 101.586 through 101.587, Wis. Stat. §§ 101.586 through 101.587, Wis. Adm. Code ATCP 29.60 through ATCP 29.66, Wis. Adm. Code DWD 147.001 through DWD 147.02, and Wis. Adm. Code DWD 301.01 through DWD 301.14.

Wis. Stat. § 101.581 provides that an employer who uses, studies, or produces a toxic substance, infectious agent, or pesticide shall post in every workplace at the location where notices to employees are usually posted a sign which informs employees that the employer is required, upon request, to provide an employee or employee representative with all of the following:

(a) The identity of any toxic substance or infectious agent which an employee works with or is likely to be exposed to.

(b) A description of any hazardous effect of the toxic substance or infectious agent.

(c) Information regarding precautions to be taken when handling the toxic substance or infectious agent.

(d) Information regarding procedures for emergency treatment in the event of overexposure to the toxic substance or infectious agent.

(e) Access to the information contained on the label of any pesticide with which the employee works or to which the employee is likely to be exposed.

An agricultural employer who uses pesticides shall post in a prominent place in the workplace a sign which informs employees that the agricultural employer is required, upon request, to provide an employee or employee representative with access to the information contained on the label of any pesticide with which the employee works or to which the employee is likely to be exposed.  If an employee is a minor, an employer or agricultural employer shall send to the employees parent or guardian, at the address provided by the employee, notice of the employees rights under sub. (1) or (2).  The department or the department of health services may request the information required to be provided to employees under ss. 101.583, 101.585 and 101.586 The employer or agricultural employer shall provide the information within the time periods provided in ss. 101.583, 101.585, 101.586 and 101.589[i].

Pursuant to Wis. Stat. § 103.91, no person may engage in activities as a migrant labor contractor without first obtaining a certificate of registration from the department. The certificate shall constitute a permit from this state to operate as a migrant labor contractor, and shall not be transferable to any person.  A migrant labor contractor shall apply to the department for a certificate in such manner and on such forms as the department prescribes. The migrant labor contractor may submit a copy of a federal application filed under 7 USC 2045 in lieu of the forms prescribed by the department under this paragraph.  Except as provided in subd. 2m., the department shall require from each applicant a certificate under par. (a) who is an individual to provide the department with the applicants social security number, and shall require from each applicant a certificate under par. (a) who is not an individual to provide the department with the applicants federal employer identification number, when initially applying for or applying to renew the certificate.  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 certificate under par. (a) 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.  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 certificate issued under par. (a) in reliance upon a false statement submitted under this subdivision is invalid.  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.  Each certificate shall be renewed annually.  The fee for the certificate or renewal shall be in an amount determined by the department.  The department may refuse to issue a certificate and may suspend or revoke any certificate previously issued whenever it finds that the applicant or registrant has:

• Made a material misrepresentation or false statement in his or her application for a certificate.
• Violated ss. 103.90 to 103.97, or any rules promulgated under such sections.

The department of workforce development shall deny, suspend, restrict, refuse to renew, or otherwise withhold a certificate of registration under sub. (1) for failure of the applicant or registrant 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 registrant 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 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 ch. 227 (c).  The department shall deny an application for the issuance or renewal of a certificate under sub. (1), or revoke such a certificate already issued, if the department of revenue certifies under. s. 73.0301 that the applicant or registrant is liable for delinquent taxes.  Notwithstanding 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 ch. 227.

The department may refuse to issue a certificate, and may suspend or revoke any certificate previously issued, whenever it determines that the real party in interest in any such application or certificate is a person who previously has applied for and has been denied a certificate, or is a person who previously had been issued a certificate which subsequently was revoked or suspended by the department.

Refusal to issue or to renew a certificate or the suspension or revocation of a certificate or renewal shall be in addition to any other penalties imposed.  A full-time employee of any person holding a valid certificate under ss. 103.90 to 103.97 who has been designated as an agent of the registrant and who is employed partly or solely for the purpose of engaging in activities as a migrant labor contractor on behalf of the registrant, shall not be required to obtain a certificate in his or her own name under this section.  Every such agent shall have in his or her immediate possession, when engaging in activities as a migrant labor contractor, such identification as the department may require, showing such employee to be an agent of a registrant.  Every agent shall be subject to ss. 103.90 to 103.97 and any rules promulgated under such sections to the same extent as if the agent were required to obtain a certificate in his or her own name.  The department shall require that every registrant identify to the department all persons who have been, or who subsequently become, agents of the registrant, and may disallow, suspend or revoke the designation as agent of any person pursuant to the qualifications of registrants required by this section.  For the purposes of ss. 103.90 to 103.97, every registrant shall be responsible for the activities of every agent designated by him or her, and shall be subject to any penalties, including the refusal, suspension or revocation of a certificate, proceeding from any act of any agent so designated, while the agent is engaged in activities as a migrant labor contractor.  No agent shall be permitted separately to engage in activities as a migrant labor contractor.  Every person engaged in activities as a migrant labor contractor and every agent of a migrant labor contractor shall:

• Carry at all times the certificate or other identification of such certification as the department may prescribe, and exhibit the same to all persons with whom he or she intends to deal as a migrant labor contractor prior to so dealing.
• File at the U.S. post office serving the address of such migrant labor contractor, a correct address within 10 days after a change of address.
• Promptly pay or deliver when due to the individuals entitled thereto, all moneys or other things of value entrusted to the contractor by any person.
• Comply with the terms and provisions of all legal agreements and contracts entered into between himself or herself as a migrant labor contractor and any person.
• Keep such records as the department prescribes and preserve such records for inspection by the department for such periods of time as the department shall prescribe.
• Obtain a policy of insurance from any insurance carrier authorized to do business in this state in an amount as prescribed by the department, which policy insures the migrant labor contractor against liability for damages to persons or property arising out of the operation or ownership by the migrant labor contractor or by his or her agent of any vehicle for the transportation of individuals or property in connection with activities as a migrant labor contractor.  This paragraph shall not apply if the contractor furnishes transportation only as the agent of an employer who has obtained a policy of insurance against liability for damages arising out of the operation of motor vehicles.

No person engaged in activities as a migrant labor contractor, and no person acting as an agent for any such person, may:

(a) Knowingly give to any migrant worker or a prospective migrant worker any false or misleading information, or fail to disclose fully to any such worker information concerning the terms, conditions or existence of employment.

(b) Receive, disburse or withhold the wages of any worker except to immediately distribute a check payable to a worker.

(c) Charge or collect interest from any worker on account of any loan or extension of credit.

(d) Charge or collect from any worker for the provision of goods or services an amount in excess of the costs to him or her of providing such goods and services.

(e) Recruit any migrant worker except as provided in s. 103.915.

Every employer shall pay all wages earned by any migrant worker directly to such worker on regular pay days designated in advance by the employer, but in no case less often than semimonthly. Wages shall be paid in U.S. currency or by check or draft.  Every employer shall pay in full all wages due any migrant worker within 3 days after the termination of the period of employment for which the worker was employed except as provided under s. 103.915 (5).  If the employer is unable to determine, due to circumstances beyond the employers control, the amount of wages, figured upon a basis or system other than time rate, due to a worker under this paragraph, the employer shall pay the worker the amount of guaranteed wages due under s. 103.915 (4) (b) within the time required under this paragraph and shall pay any additional wages due within a reasonable time after such wages are determined.  Every employer shall furnish to each migrant worker at the time of payment of wages a written statement showing the amount of gross and net wages paid by the employer to the worker, and each amount deducted or withheld for whatever purpose.

No employer or migrant labor contractor may deduct or withhold from the wages of any migrant worker any amount on account of debts accrued or anticipated unless the worker has previously authorized such deduction or withholding in writing. Nothing in this subsection shall prohibit any employer of a migrant worker from deducting or withholding from any wages paid, such amounts as may be required by law or on account of any court order.  Any migrant worker not employed exclusively in agricultural labor as defined in s. 108.02 (2) shall be paid not less than one and one-half times the worker’s regular rate for any hours worked on Sunday unless the worker is allowed another day of rest in that calendar week[ii].

Wis. Stat. § 103.935 provides that in the case of a migrant worker employed exclusively in agricultural labor as defined in s. 108.02 (2), the hours of labor shall be as follows:

Except in an emergency, no migrant worker may be required to work or be penalized for failure to work on any premises for more than 6 days in any one week or more than 60 hours in any one week, or more than 12 hours in any one day.  Whenever an employer permits a migrant worker to work on the premises of another employer in any one week or in any one day, the aggregate number of hours during which the migrant worker is required to work on such premises shall not exceed 60 in any one week or 12 in any one day.  No migrant worker may be required to work for more than 6 hours continuously without a meal period of at least 30 minutes duration unless a shift can be completed within one additional hour.  The meal period need not be considered as part of the hours of labor.  Each migrant worker not employed exclusively in agricultural labor as defined in s. 108.02 (2) shall be provided a rest period of at least 10 minutes duration within each 5 hours of continuous employment, which rest period shall be considered a part of the hours of labor.

Pursuant to Wis. Adm. Code ATCP 29.61, the following persons shall comply with federal worker protection standards under 40 CFR 170:

(1) An agricultural employer.

(2) A person who employs one or more handlers.

(3) A person who uses or directs the use of an agricultural pesticide as an independent contractor for hire.

Under the federal rules, persons employing agricultural workers and pesticide handlers must do all of the following (there are some exceptions).

• Post pesticide safety information at a central location accessible to workers and handlers.
• Assure that workers and handlers receive approved pesticide safety training before they begin work and at least once every 5 years.
• Establish a decontamination site at every pesticide mixing and loading site, at every site where pesticide handlers remove personal protective equipment, and within 1/4 mile of all agricultural workers and handlers.
• When a worker or handler is poisoned or injured by a pesticide, provide prompt transportation to an emergency medical facility. The employer must provide the victim and emergency medical personnel with pesticide label information and information about the pesticide exposure.

Under the federal rules, an operator of an agricultural establishment who hires a commercial applicator to make a pesticide application must notify the applicator of other pesticide applications that may affect the applicator’s employees while they are on the premises.  An agricultural employer may have agricultural workers enter an area treated with an agricultural pesticide before the restricted entry interval has expired if all of the following apply:

• The early entry is necessary to prevent or mitigate the effects of an agricultural emergency.
• The early entry complies with applicable worker protection standards under 40 CFR 170.112.
• The agricultural workers entering the treated area have been trained in compliance with 40 CFR 170.130.
• The agricultural employer files a written report with the department under sub. (2) within 72 hours after the early entry occurs. The department may require an agricultural employer to file additional information with the department, as necessary[iii].

Under s. 108.066, Stats., an employer engaged in agricultural activities may apply to the department by May 31 for designation as a seasonal employer.  In response to such application, the department shall issue an appealable determination by June 30.  The department shall grant seasonal employer designation if it determines that:

(a) The employer is primarily engaged in agricultural production, agricultural services, forestry, or commercial fishing, hunting, or trapping;

(b) The employer customarily operates primarily during 2 calendar quarters within a year;

(bm) At least 75% of the wages paid by the employer during the preceding year were paid for work performed during those 2 calendar quarters; and

(c) The employer is not delinquent in making any contribution report or payment[iv].

Pursuant to Wis. Adm. Code DWD 301.08, drafts or checks shall be made payable to the order of individual workers.  The term “termination of the period of employment for which the worker was employed” means termination by either party for whatever reason.  Partial payment under s. 103.93 (1) (b), Stats., shall not be allowed unless the employer is unable to determine the amount of piece rate wages owed a worker because of a lack of confirmation from a processor buyer.  Any additional wages due a worker under s. 103.92 (1) (b), Stats., shall be paid within 2 days after such wages are determined.  Every employer shall furnish to each migrant worker an individual wage statement.  A wage statement may not combine information on wages earned by multiple members of a family.  Wage statements shall show the amount of gross and net wages paid by the employer to the worker, the number of hours worked, and the amount of and reason for each deduction from the wages of the worker.  A reasonable coding system may be used by an employer.

Authorizations for deductions or withholding from wages must be specific as to the amount and reason for the deduction.  A general statement authorizing the employer to make deductions for future loans, services, loss, or damage to property shall be invalid.  In cases affecting migrant workers, the statutes and rules authorizing the department to investigate and collect wage claims and enforce the wage and hour laws may be administered by the bureau of migrant services.

In operations where 6 or more migrant workers are engaged in hand labor, the employer shall meet the requirements without cost to the worker.  Toilet facilities shall be provided in the ratio of one facility per every 20 workers, regardless of gender, located within 1/4 mile of each employee’s work place in the field or, if not feasible, at the closest vehicular access.  Toilet facilities shall have doors than can be closed and latched from the inside.

Hand washing facilities shall be provided in the ratio of one facility per every 20 workers, regardless of gender, located within 1/4 mile of each employee’s work place in the field, or if not feasible, at the closest vehicular access.  The department may authorize the substitution of prepackaged towelettes for hand washing facilities when such a variation is necessary to prevent a practical difficulty or unnecessary hardship and the substitution does not compromise the health and safety of the worker.  Written application for a variance shall be filed with the department on a form prescribed by the department. A variance shall not be effective until granted in writing by the department.  Potable drinking water to meet worker needs shall be provided at a readily accessible location.  The water provided to the workers shall be cool and kept in insulated containers which are clean and sanitary.  A supply of water shall be available in a sufficient amount to meet worker needs.  The water shall be dispensed in single serving drinking cups. The use of common drinking cups or dippers is prohibited[v].

[i] Wis. Stat. § 101.587.

[ii] Wis. Stat. § 103.93.

[iii] Wis. Adm. Code ATCP 29.63.

[iv] Wis. Adm. Code DWD 147.01.

[v] Wis. Adm. Code DWD 301.09.