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DWD Worker Classification
Civil Rights - Worker Classification
Is a Worker an "Employee" or a "Non Employee"?
The statutory definition of "employee" is found in Section 111.32 (5) of the Wisconsin Fair Employment Act. Section 111.32(5) of the act states that an "employee" does not include any individual employed by his or her parents, spouse or child. The definition of employer is found in Section 111.32 (6) of the act. These definitions are limited, so in Wisconsin the definitions of employee, non employee and employer are primarily developed in case law interpreting the Wisconsin Fair Employment Act.
Steps to Classify a Worker
If you are employer or a worker and want to determine how to properly classify a worker as either an employee or a non employee under the Wisconsin Fair Employment Act, continue to the worker classification tests to begin the process:Begin the Process