The Worker's Compensation division recently updated this website. Please refer to the site update documentation for more information.
The Wisconsin Statutes relating to the practice of real estate, defines a real estate salesperson as "any person other than a broker who is employed by a broker to perform any act authorized by Chapter 452 to be performed by a broker." (s. 452.01(7), Wis. Stats.)
The statutes further provide that "each broker is responsible for the acts of any brokers, salesperson or time-share salesperson employed by the broker." (s.452.12(3), Wis. Stats.)
All licensed real estate salespersons are required to work for a licensed broker. The broker/employer is required to:
These requirements demonstrate the right to control the details of the work, the key test of an employment relationship. Since the broker is responsible for the acts of the salesperson, the employer/employee relationship is clearly established.
Therefore, real estate salespersons licensed to work for licensed brokers are employees of the broker under the Wisconsin Worker's Compensation Act.
An employer becomes subject to the Wisconsin Worker's Compensation Act under s. 102.04(1) of the Wisconsin Statutes and must carry a worker's compensation insurance policy when they: