Wisconsin Statutes
Wis. Stat. § 103.001 (2026)
Definitions
✓ current as of July 2026
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103.001103.001 Definitions. In chs. 103 to 106, the following words and phrases have the designated meanings unless a different meaning is expressly provided:
103.001(4)(4) “Deputy” means any person employed by the department designated as a deputy, who possesses special, technical, scientific, managerial or personal abilities or qualities in matters within the jurisdiction of the department, and who may be engaged in the performance of duties under the direction of the secretary, calling for the exercise of such abilities or qualities.
103.001(5)(5) “Employee” means, except as provided in s. 452.38, any person who may be required or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any employment, or to go or work or be at any time in any place of employment.
103.001(6)(6) “Employer” means any person, firm, corporation, state, county, town, city, village, school district, sewer district, drainage district, long-term care district and other public or quasi-public corporations as well as any agent, manager, representative or other person having control or custody of any employment, place of employment or of any employee.
103.001(7)(7) “Employment” means any trade, occupation or process of manufacture, or any method of carrying on such trade, occupation or process of manufacture in which any person may be engaged, except in such private domestic service as does not involve the use of mechanical power and in farm labor as used in sub. (12).
103.001(8)(8) “Frequenter” means every person, other than an employee, who may go in or be in a place of employment or public building under circumstances which render such person other than a trespasser. Such term includes a pupil or student when enrolled in or receiving instruction at an educational institution.
103.001(9)(9) “General order” means such order as applies generally throughout the state to all persons, employments, places of employment or public buildings, or all persons, employments or places of employment or public buildings of a class under the jurisdiction of the department. All other orders of the department shall be considered special orders.
103.001(10)(10) “Local order” means any ordinance, order, rule or determination of any common council, board of alderpersons, board of trustees or the village board, of any village or city, a regulation or order of the local board of health, as defined in s. 250.01 (3), or an order or direction of any official of a municipality, upon any matter over which the department has jurisdiction.
103.001(11)(11) “Order” means any decision, rule, regulation, direction, requirement or standard of the department, or any other determination arrived at or decision made by the department.
103.001(12)(12) “Place of employment” includes every place, whether indoors or out or underground and the premises appurtenant thereto where either temporarily or permanently any industry, trade or business is carried on, or where any process or operation, directly or indirectly related to any industry, trade or business, is carried on, and where any person is, directly or indirectly, employed by another for direct or indirect gain or profit, but does not include any place where persons are employed in private domestic service which does not involve the use of mechanical power or in farming. “Farming” includes those activities specified in s. 102.04 (3), and also includes the transportation of farm products, supplies or equipment directly to the farm by the operator of said farm or employees for use thereon, if such activities are directly or indirectly for the purpose of producing commodities for market, or as an accessory to such production.
103.001(13)(13) “Public building” means any structure, including exterior parts of such building, such as a porch, exterior platform or steps providing means of ingress or egress, used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy, or use by the public or by 3 or more tenants.
103.001(14)(14) “Safe” or “safety”, as applied to an employment or a place of employment or a public building, means such freedom from danger to the life, health, safety or welfare of employees or frequenters, or the public, or tenants, or fire fighters, and such reasonable means of notification, egress and escape in case of fire, and such freedom from danger to adjacent buildings or other property, as the nature of the employment, place of employment, or public building, will reasonably permit.
103.001 HistoryHistory: 1995 a. 27 ss. 3612, 3613, 3746, 9130 (4); 1997 a. 3; 1999 a. 9; 2007 a. 20; 2015 a. 258.
Notes of Decisions
Cited in 17
cases (9 in the last 5 years), 1999–2026 · leading case: Beard v. Lee Enter., Inc., 591 N.W.2d 156 (Wis. 1999).
Beard v. Lee Enter., Inc., 591 N.W.2d 156 (Wis. 1999). “[10] In 1995, these definitions were recreated in Wis. Stat. § 103.001 (1995-96) and made applicable to chs.”
In re Fedex Ground Package Sys., Inc., 273 F.R.D. 424 (N.D. Ind. 2008). “The Wisconsin statute defines an “employee” as “any person who may be required or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any employment, or to go to work or be at any time in any place of employment.”
In re Fedex Ground Package Sys., Inc., Emp. Practices Litig., 283 F.R.D. 427 (N.D. Ind. 2012). “The Wisconsin statute defines an “employee” as “any person who may be required or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any employment, or to go to work or be at any time in any place of employment.”
Wisconsin Legislature v. Andrea Palm, 2020 WI 42 (Wis. 2020). “Wis. Stat. § 103.001 (9), (10), (11). Again, this understanding is replicated throughout Wisconsin law, offering a consistent 22 No.”
Paczkowski v. My Choice Fam. Care, Inc., 384 F. Supp. 3d 991 (W.D. Wis. 2019). “]" Wis. Stat. §§ 103.001 , 103.02. Weissman v.”
Metro. Milwaukee Ass'n of Com., Inc. v. City of Milwaukee, 2011 WI App 45 (Wis. Ct. App. 2011). “" §§ 103.001(10), 103.005(7)(b). D. Worker's Compensation Act ¶ 86.”
Olson v. Auto Sport, Inc., 2002 WI App 206 (Wis. Ct. App. 2002). “Auto Sport contends that the summary judgment record presents no indicia that an employer/employee relationship existed between James and Auto Sport or any other entity at the time of the accident.”
Wisconsin Legislature v. Andrea Palm, 2020 WI 42 (Wis. 2020). “Wis. Stat. § 103.001 (9), (10), (11). Again, this understanding is replicated throughout Wisconsin law, offering a consistent 22 No.”
Wendt v. Trifecta Solutions LLC (E.D. Wis. 2024). “” Wis. Stat. § 103.001 (5). An “employer” is defined as “any person, firm, corporation, state, county, town, city, village, school district, sewer district, drainage district, long-term care district and other public or quasi-public corporations as well as any agent, manager,…”
Zagorski v. The Pennant Grp. Inc (E.D. Wis. 2021). “, and the Wisconsin Wage Payment and Collection Laws, Wis. Stat. § 103.001 et seq., Wis. Stat. § 104.”
Parker v. Villa of Greenfield LLC (E.D. Wis. 2022). “Attorney David Potteiger filed a declaration explaining that informal settlement discussions began on May 10, 2021, and that the parties “engaged in intensive and substantive arms-length settlement negotiations” citing law and facts supporting the respective positions.”
Jackson v. Dovenmuehle Mortg. Inc (E.D. Wis. 2023). “The settlement resolves only Plaintiff’s claims on an individual basis.”
— Wis. Stat. § 103.001(10) — 1 case
Metro. Milwaukee Ass'n of Com., Inc. v. City of Milwaukee, 2011 WI App 45 (Wis. Ct. App. 2011). “" §§ 103.001(10), 103.005(7)(b). D. Worker's Compensation Act ¶ 86.”
— Wis. Stat. § 103.001(5) — 2 cases
Olson v. Auto Sport, Inc., 2002 WI App 206 (Wis. Ct. App. 2002). “Auto Sport contends that the summary judgment record presents no indicia that an employer/employee relationship existed between James and Auto Sport or any other entity at the time of the accident.”
Michael Stehberger v. Journal Sentinel, Inc. (Wis. Ct. App. 2025).
— Wis. Stat. § 103.001(6) — 1 case
Baier v. Layin Low Transp. LLC (E.D. Wis. 2025).
— Wis. Stat. § 103.001(7) — 1 case
Olson v. Auto Sport, Inc., 2002 WI App 206 (Wis. Ct. App. 2002). “Auto Sport contends that the summary judgment record presents no indicia that an employer/employee relationship existed between James and Auto Sport or any other entity at the time of the accident.”
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