103.43 Fraudulent advertising for labor.
(1)
(a) No person may influence, induce, persuade or attempt to influence, induce, persuade or engage a worker to change from one place of employment to another in this state or to accept employment in this state, and no person may bring a worker of any class or calling into this state to work in any department of labor in this state, through or by means of any false or deceptive representations, false advertising or false pretenses concerning or arising from any of the following:
1. The kind and character of the work to be done.
2. The amount and character of the compensation to be paid for work.
3. The sanitary or other conditions of the employment.
4. The failure to state in any advertisement, proposal or contract for the employment that there is a strike or lockout at the place of the proposed employment, when a strike or lockout then actually exists in the employment at the proposed place of employment.
(b) Any of the acts described in par. (a) shall be considered a false advertisement or misrepresentation for the purposes of this section.
(1m) A strike or lockout is considered to exist as long as any of the following conditions exists:
(a) The usual concomitants of a strike or lockout.
(b) Unemployment on the part of workers affected continues.
(c) Any payments of strike benefits are being made.
(d) Any picketing is maintained.
(e) Publication is being made of the existence of a strike or lockout.
(2) Any person who, by himself or herself, or by a servant or agent, or as the servant or agent of any other person, or as an officer, director, servant or agent of any firm, corporation, association or organization of any kind, violates sub. (1) (a) shall be fined not more than $2,000 or imprisoned in the county jail for not more than one year or both.
(3) Any worker who is influenced, induced or persuaded to engage with any person specified in sub. (1) (a), through or by means of any of the acts prohibited in sub. (1) (a), shall have a right of action for recovery of all damages that the worker sustains in consequence of the false or deceptive representation, false advertising or false pretenses used to induce the worker to change his or her place of employment in this state or to accept employment in this state, against any person, corporation, company or association, directly or indirectly, causing the damage. In addition to all actual damages that the worker may sustain, the worker shall be entitled to recover reasonable attorney fees as determined by the court, to be taxed as costs in any judgment recovered.
History: 1993 a. 492; 1995 a. 225; 1997 a. 253.
This section applies only to manual laborers, particularly those in industrial labor. Bellon v. Ripon College, 2005 WI App 29, 278 Wis. 2d 790, 693 N.W.2d 330, 04-0515.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 103 - Employment regulations.
103.005 - Powers, duties and jurisdiction of department.
103.007 - Local regulation of hours of labor and overtime; statewide concern; uniformity.
103.01 - Hours of labor; definitions.
103.025 - Hours of labor; compensatory time.
103.04 - Labor and industry review commission.
103.05 - Hiring reporting system; state directory of new hires.
103.06 - Worker classification compliance.
103.10 - Family or medical leave.
103.11 - Bone marrow and organ donation leave.
103.12 - Local regulation of employment benefits; statewide concern; uniformity.
103.13 - Records open to employee.
103.14 - Grooming requirement; notification.
103.15 - Restrictions on use of an HIV test.
103.16 - Seats for employees; penalty.
103.165 - Employee's cash bonds to be held in trust; duty of employer; penalty.
103.18 - Threat or promise to influence vote.
103.21 - Street trades; definitions.
103.22 - General standards and powers of the department.
103.245 - Designation of a permit officer.
103.25 - Permits and identification cards.
103.26 - Refusal or revocation of permits and identification cards.
103.27 - Duties of employers of minors in street trades.
103.275 - Duties of employers in house-to-house street trades.
103.30 - Penalty on newspapers for allowing minors to loiter around premises.
103.31 - Penalty on parent or guardian.
103.32 - Recovery of arrears of wages.
103.33 - Discriminatory acts; street trades.
103.34 - Regulation of traveling sales crews.
103.35 - Information required for licensure.
103.37 - Certain requirements to obtaining employment prohibited.
103.38 - Eight-hour work day; applicability.
103.43 - Fraudulent advertising for labor.
103.45 - Time checks; penalty.
103.455 - Deductions for faulty workmanship, loss, theft or damage.
103.457 - Listing deductions from wages.
103.465 - Restrictive covenants in employment contracts.
103.503 - Substance abuse prevention on public works and public utility projects.
103.505 - Collective bargaining; definitions.
103.51 - Public policy as to collective bargaining.
103.52 - “ Yellow-dog" contracts.
103.53 - Lawful conduct in labor disputes.
103.535 - Unlawful conduct in labor controversies.
103.54 - Responsibility for unlawful acts.
103.545 - Recruitment of strikebreakers.
103.55 - Public policy as to labor litigation.
103.56 - Injunctions: conditions of issuance; restraining orders.
103.57 - Clean hands doctrine.
103.58 - Injunctions: contents.
103.59 - Injunctions: appeals.
103.61 - Punishment for contempt.
103.64 - Employment of minors; definitions.
103.65 - General standards for employment of minors.
103.66 - Powers and duties of the department relating to employment of minors.
103.67 - Minimum ages in various employments.
103.695 - Designation of a permit officer.
103.70 - Permits necessary for minors; exceptions.
103.71 - Conditions for issuance of permits.
103.72 - Refusal and revocation of permits.
103.73 - Form and requisites of permit; as evidence.
103.74 - Duties of employers of minors.
103.76 - Proof of age in court.
103.78 - Minors in public exhibitions, radio and television broadcasts, modeling.
103.805 - Fees; permits and certificates of age.
103.81 - Advertising; penalty.
103.83 - Discriminatory acts; employment of minors.
103.85 - One day of rest in seven.
103.86 - Employee welfare funds: default in payments.
103.87 - Employee not to be disciplined for testifying.
103.905 - Department's duties.
103.91 - Migrant labor contractors.
103.915 - Migrant work agreements.
103.917 - Safe transportation.
103.92 - Certification of migrant labor camps.
103.94 - Civil action by migrant workers.
103.945 - Nonwaiver of rights.
103.96 - Retaliation prohibited.
103.967 - Duties of council on migrant labor.
103.968 - Council review of rules.