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What a Wisconsin business has to have in writing

Wisconsin has no OSHA state plan and no comprehensive consumer privacy law, so its written-policy load is concentrated in the Equal Rights Division's poster and notice rules.

The distinctive twist is a written-policy mandate that scales down: employers with 50 or more people post the state's family and medical leave and bone marrow donation posters, while employers with 25 to 49 must post a notice describing their own leave policies.

Wisconsin's breach statute is one of the few that counts DNA profiles and biometric data as personal information, and insurance licensees have had to keep a written information security program and certify compliance to OCI each March since 2023.

Wisconsin has a rule of its own in 7 of the 14 areas, listed below. In 1 more we searched the state's own site and found nothing beyond the federal rule, but we have not finished writing up where we looked, so that one is not shown yet. The remaining 6 areas we have not checked yet.

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Wisconsin rules for a 15–19 person general business

We check the same 14 areas of state law on every state page: breach notification, data security program, consumer privacy law, biometric and health data, harassment prevention, workplace safety programs, workplace violence prevention, insurance data security, state vendor security program, paid leave policies, required postings, pay transparency, licensing and certifications, and other written policies. Federal rules apply in most of these already. What this page adds is whether Wisconsin has a rule of its own on top. The federal rules every employer carries follow the Wisconsin rules. Each row names what you must write, post, file or certify, who enforces it, and links to the authority.

Breach Notification 1Who you must tell after a data breach, and how fast

LawProduceWhat it requiresTriggerEnforced by

Notice of unauthorized acquisition of personal informationWis. Stat. § 134.98 #Any entity other than an individual that conducts business in Wisconsin and maintains personal information, licenses personal information in the state, holds a depository account for a resident or lends to a resident; state and local government bodies are includedDistribute + ack

Notice

Notify each affected person within a reasonable time and no later than 45 days after learning of the unauthorized acquisition, by mail or the channel already used with that person. Wisconsin's definition of personal information reaches DNA profiles and unique biometric data as well as Social Security, driver license and financial account numbers. If a single incident triggers notice to 1,000 or more individuals, also tell the nationwide consumer reporting agencies the timing, distribution and content of the notices. No notice is required where the acquisition creates no material risk of identity theft or fraud.

From the first employee

Private civil action; Wisconsin Department of Justice

AuthorityWisconsin Legislature - Wis. Stat. § 134.98 Wisconsin Legislature - Wis. Stat. chapter 134 Report an error

Data Security Program 1A written safeguards program the state requires before anything goes wrong

LawProduceWhat it requiresTriggerEnforced by

Disposal of records containing personal informationWis. Stat. § 134.97 #Financial institutions, medical businesses (any organization holding health information other than personnel records) and tax preparation businessesWrite

Written program

Before disposing of any record holding personal information, shred it, erase the personal information, modify the record so the information is unreadable, or take steps reasonably believed to keep unauthorized people away from it between disposal and destruction. Contractors handling the disposal are covered too, and the business is liable in damages to anyone whose information is disposed of improperly.

From the first employee

Private civil action for damages

AuthorityWisconsin Legislature - Wis. Stat. § 134.97 Wisconsin Legislature - Wis. Stat. chapter 134 Report an error

Paid Leave Policies 2Sick and family leave laws that come with a written policy or notice

LawProduceWhat it requiresTriggerEnforced by

Wisconsin Family and Medical Leave ActWis. Stat. § 103.10 #Employers with at least 50 permanent employees during at least 6 of the last 12 months; employees qualify after 52 consecutive weeks and 1,000 hours. Employers with 25 to 49 employees have a posting duty of their own.Write

Written policy

Give eligible employees up to 2 weeks of leave a year for their own serious health condition, 2 weeks for a parent, child or spouse, and 6 weeks for a birth or adoption, on a calendar year basis, keep group health coverage on the same terms, let the employee substitute any accrued paid leave, and restore the same or an equivalent position. Employers with 50 or more employees post DWD's Family and Medical Leave poster; employers with 25 to 49 employees must instead post a notice describing their own family and medical leave policies.

25+ employees

Wisconsin Department of Workforce Development, Equal Rights Division (30-day complaint window)

AuthorityWisconsin DWD - Wisconsin Family and Medical Leave Act Wisconsin Legislature - Wis. Stat. § 103.10 Wisconsin DWD - Workplace Posters (posting thresholds)Report an error

Bone Marrow and Organ Donation Leave ActWis. Stat. § 103.11 #Employers with 50 or more employees; employers with 25 to 49 employees have a posting duty of their ownPost

Posting

Allow eligible employees leave to serve as a bone marrow or organ donor and post DWD's Bone Marrow and Organ Donation Leave poster. Employers with 25 to 49 employees must post a notice describing their own policies on leave for bone marrow and organ donation, which means writing that policy down.

25+ employees

Wisconsin Department of Workforce Development, Equal Rights Division

AuthorityWisconsin DWD - Workplace Posters (Bone Marrow and Organ Donation Leave Act)Wisconsin Legislature - Wis. Stat. § 103.11 Wisconsin DWD - Bone Marrow and Organ Donation Leave poster (ERD-18114-P)Report an error

Required Postings 1The notices every workplace in the state must display

LawProduceWhat it requiresTriggerEnforced by

Required state workplace postersWis. Stat. chs. 103, 109 and 111; Wis. Admin. Code ch. DWD 218 #Every Wisconsin employer, employment agency, labor organization and licensing agency, with several posters keyed to headcountPost

Posting

Post the state set in a conspicuous place where employee notices are customarily displayed. Fair Employment Law and the minor-hours poster apply to all employers; family and medical leave, bone marrow and organ donation leave, business closing/mass layoff and cessation of health care benefits posters apply at 50 or more employees; the honesty-testing poster applies to any employer that uses honesty testing; the special minimum wage poster applies only to licensees. DWD supplies all of them free and also mirrors them in its eWorkBoard.

From the first employee

Wisconsin Department of Workforce Development, Equal Rights Division

AuthorityWisconsin DWD - Workplace Posters Wisconsin DWD - Workplace Poster Downloads Wisconsin DWD - eWorkBoard Report an error

Licensing and Certifications 2Registrations, licenses and certifications a business or its staff must hold

LawProduceWhat it requiresTriggerEnforced by

Business entity registration and annual reportWis. Stat. chs. 179, 180, 181 and 183 #Any corporation, LLC, limited partnership or nonprofit formed in or transacting business in WisconsinFile

Filing / record

File articles of organization or incorporation, or a foreign registration, with the Department of Financial Institutions, keep a registered agent and office on file, and file the annual report on the schedule set for the entity type to stay in good standing.

From the first employee

Wisconsin Department of Financial Institutions, Division of Corporate and Consumer Services

AuthorityWisconsin Department of Financial Institutions - Business Entities General Information Wisconsin DFI - File Business Entity Documents Online Wisconsin One Stop Business Portal Report an error

Business tax registration and seller's permitWis. Stat. ch. 77, subch. III #Businesses selling taxable goods or services in Wisconsin, plus employers withholding Wisconsin income taxFile

Filing / record

Register with the Department of Revenue before making taxable sales, obtain a seller's permit and display it at the business location, and register for withholding if the business has employees. Sales and use tax and withholding returns are then filed on the frequency the department assigns.

From the first employee

Wisconsin Department of Revenue

AuthorityWisconsin Department of Revenue - Starting a Business Wisconsin Department of Revenue - Business Registration Report an error

Other Written Policies 5Any other document the state makes an employer write or hand out

LawProduceWhat it requiresTriggerEnforced by

Business (Plant) Closing and Mass Layoff LawWis. Stat. § 109.07 #Employers with 50 or more employees in Wisconsin; government bodies and charitable or tax-exempt institutions are excludedDistribute

Notice

Give 60 days' written notice of a business closing or mass layoff to DWD's Dislocated Workers Unit, every affected employee, any collective bargaining representative and the top official of the municipality. A mass layoff means at least 25% of the workforce or 25 employees, whichever is greater, or at least 500 employees, counting terminations, layoffs over six months and hour cuts of more than 50%. Also post the Business Closing/Mass Layoff rights poster at all worksites. Missing notice exposes the employer to back pay and benefits for up to 60 days.

50+ employees

Wisconsin Department of Workforce Development, Equal Rights Division (complaints within 300 days)

AuthorityWisconsin DWD - Business (Plant) Closing and Mass Layoff Law Wisconsin Legislature - Wis. Stat. § 109.07 Report an error

Cessation of health care benefits noticeWis. Stat. § 109.075 #Employers with 50 or more employees in WisconsinDistribute

Notice

Give employees 60 days' notice before health care benefits cease, and post the Cessation of Health Care Benefits poster where employee notices are customarily displayed. Without proper notice the employer can be liable for the premium value or the actual medical expenses employees incur during the 60-day window.

50+ employees

Wisconsin Department of Workforce Development, Equal Rights Division

AuthorityWisconsin DWD - Cessation of Health Care Benefits Wisconsin Legislature - Wis. Stat. § 109.075 Wisconsin DWD - Cessation of Health Care Benefits poster (ERD-11054-P)Report an error

Employee protections against honesty testing devicesWis. Stat. § 111.37 #Any employer that uses honesty testing devices such as polygraphs or written honesty testsPost

Posting

Display DWD's honesty-testing poster in one or more conspicuous places where employee notices are customarily posted, and follow the statute's limits on requiring, requesting or administering an honesty test as a condition of employment.

From the first employee

Wisconsin Department of Workforce Development, Equal Rights Division

AuthorityWisconsin DWD - Workplace Posters (Employee Protections Against Use of Honesty Testing Devices)Wisconsin Legislature - Wis. Stat. § 111.37 Wisconsin DWD - Honesty testing poster (ERD-10861-P)Report an error

Personnel records open to employeesWis. Stat. § 103.13 #Wisconsin employers that keep personnel recordsWrite

Written policy

Let an employee inspect the personnel documents used to decide about hiring, pay, promotion, discipline or discharge, and the employee's medical records, on request. Narrow categories such as test documents, staff planning materials and third-party privacy information may be withheld. If the employee disputes an entry and no correction is agreed, the employer must attach the employee's written statement to the disputed item and release it whenever that item goes to a third party.

From the first employee

Wisconsin Department of Workforce Development, Equal Rights Division

AuthorityWisconsin DWD - Personnel Records Open to Employees Wisconsin Legislature - Wis. Stat. § 103.13 Report an error

Minor work permits and hours of workWis. Stat. ch. 103, subch. VIII; Wis. Admin. Code ch. DWD 270 #Any employer of minors under 16, and of 16- and 17-year-olds in certain circumstancesFile

Filing / record

Make sure a DWD work permit is on file before a minor starts work, reimburse the permit fee, keep the permit and hours records at the worksite, and post the Hours and Days of Work Minors May Work poster. Permits are issued through DWD's online system with a MyWisconsin ID.

From the first employee

Wisconsin Department of Workforce Development, Equal Rights Division

AuthorityWisconsin DWD - Work Permits Wisconsin DWD - Workplace Posters (Hours and Days of Work Minors May Work)Report an error

Because You Are in Construction 1Industry layer

LawProduceWhat it requiresTriggerEnforced by

Dwelling contractor certification and trades credentialsWis. Stat. ch. 101; Wis. Admin. Code ch. SPS 305 #Contractors obtaining building permits for one- and two-family dwellings, and the individual trades they employCertify

Certification

Hold a Dwelling Contractor certification (the business credential, which requires proof of liability and workers' compensation insurance or an exemption) and employ or be a Dwelling Contractor Qualifier who has completed the required education, before pulling a permit. Applications, renewals and continuing education are handled in the DSPS LicensE portal.

From the first employee

Wisconsin Department of Safety and Professional Services

AuthorityWisconsin DSPS - Dwelling Contractor Wisconsin DSPS - Dwelling Contractor Qualifier Report an error

Because You Are in Food & Beverage 1Industry layer

LawProduceWhat it requiresTriggerEnforced by

Retail food establishment license and certified food managerWis. Stat. ch. 97; Wis. Admin. Code chs. ATCP 75 and ATCP 75 Appendix #Restaurants, retail food stores, mobile and transient food operations; the manager certification carries exemptions for prepackaged-only operations, whole produce handling, transient events and micro marketsCertify

Certification

Hold a DATCP retail food establishment license (or one from a local agent health department) before operating, pass inspections, and for most establishments have at least one certified food protection manager whose exam certificate, taken within the past five years, is posted in public view for inspection staff.

From the first employee

Wisconsin Department of Agriculture, Trade and Consumer Protection, Division of Food and Recreational Safety, and agent local health departments

AuthorityWisconsin DATCP - Food Manager Requirements Wisconsin DATCP - FAQ on Retail Food Establishment and Meat Processing Operations Wisconsin DATCP - Certificates of Food Protection for Small Operators Report an error

Because You Are in Financial & Tax 1Industry layer

LawProduceWhat it requiresTriggerEnforced by

Insurance data security (2021 Wisconsin Act 73)Wis. Stat. ch. 601, subch. IX (§§ 601.95 to 601.958) #Licensees of the Office of the Commissioner of Insurance, including insurers, agents, agencies and public adjusters; licensees with fewer than 50 employees are exempt from the program duty, and FINRA-affiliated, Farm Credit and HIPAA-covered licensees are largely exemptCertify

Certification

Run a risk assessment and keep a comprehensive written information security program with administrative, technical and physical safeguards and a named person in charge, plus a written incident response plan. Notify the Commissioner within 3 business days of determining a cybersecurity event involving nonpublic information occurred, using OCI's report form and content list. Licensees domiciled in Wisconsin file an annual compliance certification with OCI by March 1 and keep the supporting records for at least five years; exempt licensees certify which alternative regime they meet.

50+ employees

Wisconsin Office of the Commissioner of Insurance

AuthorityWisconsin Office of the Commissioner of Insurance - Insurance Cybersecurity Wisconsin Legislature - 2021 Wisconsin Act 73 OCI - Bulletin on the new cybersecurity law (September 30, 2021)Report an error

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Sources

What a Wisconsin business has to have in writing

Headcount

Industry General is always on

Wisconsin rules for a 15–19 person general business

Breach Notification 1Who you must tell after a data breach, and how fast

Data Security Program 1A written safeguards program the state requires before anything goes wrong

Paid Leave Policies 2Sick and family leave laws that come with a written policy or notice

Required Postings 1The notices every workplace in the state must display

Licensing and Certifications 2Registrations, licenses and certifications a business or its staff must hold

Other Written Policies 5Any other document the state makes an employer write or hand out

Because You Are in Construction 1Industry layer

Because You Are in Food & Beverage 1Industry layer

Because You Are in Financial & Tax 1Industry layer

Federal rules for a 15–19 person general business

Keep Your Written Policies in One Place

Your business type, with Wisconsin on top

For another state

Find a Consultant Who Does This Work

Sources

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