103.96 Retaliation prohibited.
(1) No employer or migrant labor contractor may terminate, suspend, demote, transfer or take any action otherwise unfavorable to any migrant worker in retaliation for the exercise by such worker of any right secured under the laws and regulations of the United States or of this state or any subdivision thereof.
(2) Any person aggrieved under this section may maintain an action against the employer or migrant labor contractor. In addition to any other damages awarded, an employer or migrant labor contractor found to have violated this section shall be liable to such person aggrieved for full reinstatement and for back wages accumulated during the period of such unlawful retaliation. In cases of willful violation of this section, the court may assess exemplary damages up to double the amount of back wages found due in addition to any other damages awarded. In cases of aggravated circumstances, the court may also assess reasonable attorney fees in addition to any other damages awarded.
History: 1977 c. 17; 1993 a. 490.
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.