Arrest and conviction record discrimination — "substantially related" standard
Wisconsin prohibits employment discrimination based on arrest or conviction records under Wis. Stat. § 111.335. Employers may not request information about an applicant's arrest record (other than pending charges) on an application or otherwise, except when bondability under a standard fidelity bond is required by law, regulation, or established business practice. Employers may refuse to employ an individual subject to a pending criminal charge if the charge's circumstances substantially relate to the job. For conviction records, an employer may lawfully reject or terminate an applicant only if the individual was convicted of a felony, misdemeanor, or other offense whose circumstances substantially relate to the particular job, or if the individual is not bondable where bondability is required by law or established practice. This "substantial relationship" test—developed through Wisconsin case law—examines whether the circumstances fostering the criminal activity (opportunity, responsibility, character traits) relate to the job's circumstances, not the details of the offense.
Source: Wis. Stat. § 111.335
New hire reporting — 20-day deadline and required information
Wisconsin law requires every employer that employs individuals in the state to report newly hired employees to the Wisconsin Department of Workforce Development (DWD) within 20 days after the employee starts work. This obligation arises under Wis. Stat. § 103.05 and Wis. Admin. Code § DWD 142.03, which implement the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (42 U.S.C. § 653a). The reports feed the State Directory of New Hires, primarily used for child support enforcement, and secondarily for detecting unemployment insurance and workers' compensation fraud.
Who must report. Every employer with one or more employees performing services in Wisconsin must report, unless the employer is a multi-state employer that has designated another state to the U.S. Department of Health and Human Services for centralized reporting (in which case the employer reports to that other state under Wis. Admin. Code § DWD 142.04).
Definition of "newly hired employee." Under Wis. Admin. Code § DWD 142.02(7), the term includes: (a) any employee who reports for work for the first time; (b) any employee (other than poll workers or substitute teachers) who is rehired, recalled, or returns to work after an unpaid absence of more than 60 days; and (c) poll workers the employer has never previously reported to the state directory.
Required information. Each new hire report must contain eight elements under Wis. Admin. Code § DWD 142.03(1): (a) newly hired employee's name; (b) employee's address; (c) employee's Social Security number; (d) employer's name; (e) employer's payroll address for the employee; (f) employer's federal employer identification number (FEIN); (g) date the employee started work; and (h) employee's date of birth (the DWD may waive this element if the employer is unable to provide it).
Deadline. Employers must file the report within 20 days after the newly hired employee starts work. Employers filing electronically may instead file twice monthly, not less than 12 days nor more than 16 days apart. If the deadline falls on a Saturday, Sunday, a Wisconsin state holiday, or any day on which the U.S. Postal Service does not deliver mail, the deadline extends to the next business day.
Reporting methods. Employers may file electronically through the DWD online portal (https://dwd.wisconsin.gov/uinh) or on paper by submitting: (1) a completed Wisconsin Form WT-4 (Employee's Wisconsin Withholding Exemption Certificate/New Hire Reporting); (2) a paper report containing all required information; or (3) a completed federal Form W-4 (Employee's Withholding Allowance Certificate), provided the W-4 includes the employee's date of hire and date of birth.
Multi-state employer alternative. A multi-state employer (one with employees in Wisconsin and at least one other state) may report all new hires—including Wisconsin employees—to a single state, if the employer submits written notice to the U.S. Secretary of Health and Human Services designating that state and files electronically in the chosen state. If the employer chooses Wisconsin as its single reporting state, it must file electronically and include the work-state for any employee not working in Wisconsin.
Penalties. Under Wis. Stat. § 103.05(5), an employer may be required to forfeit up to $25 for each employee concerning whom a violation has occurred. The forfeit may rise to $500 if the employer fails to supply information—or supplies false or incomplete information—as a result of a conspiracy with the employee. The DWD must notify the employer of any violation and provide an opportunity to correct before imposing a penalty.
Source: Wis. Stat. § 103.05 Source: Wis. Admin. Code § DWD 142.03