SB505,7,2423 (c) Paragraph (a) does not preclude the department from promulgating rules
24to increase a minimum wage provided under subs. (1) to (3).
SB505,12
1Section 12. 104.045 of the statutes is renumbered 104.045 (intro.) and
2amended to read:
SB505,8,5 3104.045 Tipped employees Tips, meals, lodging, and hours worked.
4(intro.) The department shall by rule determine what amount of promulgate rules
5governing all of the following:
SB505,8,7 6(1) The counting of tips or similar gratuities may be counted toward fulfillment
7of the employer's obligation under this chapter.
SB505,13 8Section 13. 104.045 (2) and (3) of the statutes are created to read:
SB505,8,109 104.045 (2) The deduction of meals or lodging provided by an employer to an
10employee from the employer's obligation under this chapter.
SB505,8,12 11(3) The determination of hours worked by an employee during which the
12employee is entitled to a living wage under this chapter.
SB505,14 13Section 14. 104.05 of the statutes is amended to read:
SB505,8,19 14104.05 Complaints; investigation. The department shall, within Within 20
15days after the filing of a verified complaint of any person setting forth alleging that
16the wages paid to any employee in any occupation are not sufficient to enable the
17employee to maintain himself or herself under conditions consistent with his or her
18welfare, the department shall investigate and determine whether there is
19reasonable cause to believe that the wage paid to any employee is not a living wage.
SB505,15 20Section 15. 104.07 (1) of the statutes, as affected by 2013 Wisconsin Act 36,
21is amended to read:
SB505,9,222 104.07 (1) The department shall make promulgate rules, and, except as
23provided under subs. (5), (6), and (7), grant licenses a license to any employer who
24employs any employee who is unable to earn the living wage determined by the
25department, permitting the employee to work for a wage that is commensurate with

1the employee's ability. Each license so granted shall establish a wage for the licensee
2employees of the licensee who are unable to earn a living wage.
SB505,16 3Section 16. 104.07 (2) of the statutes, as affected by 2013 Wisconsin Act 36,
4is amended to read:
SB505,9,105 104.07 (2) The department shall make promulgate rules, and, except as
6provided under subs. (5), (6), and (7), grant licenses to sheltered workshops, to permit
7the employment of workers with disabilities who are unable to earn the living wage
8at a wage that is commensurate with their ability and productivity. A license granted
9to a sheltered workshop under this subsection may be issued for the entire workshop
10or a department of the workshop.
SB505,17 11Section 17. 104.10 of the statutes is amended to read:
SB505,9,18 12104.10 Penalty for intimidating witness. Any employer who discharges or
13threatens to discharge, or who in any way discriminates , or threatens to discriminate
14against, any employee because the employee has testified or is about to testify, or
15because the employer believes that the employee may testify, in any investigation or
16proceeding relative to the enforcement of this chapter, is guilty of a misdemeanor,
17and upon conviction thereof shall be punished by a fine of
may be fined $25 for each
18offense.
SB505,18 19Section 18. 104.11 of the statutes is amended to read:
SB505,9,23 20104.11 Definition of violation. Each day during which any employer shall
21employ
employs a person for whom a living wage has been fixed at a wage that is less
22than the living wage fixed shall constitute a separate and distinct violation of this
23chapter.
SB505,19 24Section 19. 234.94 (5) of the statutes is amended to read:
SB505,10,4
1234.94 (5) "Primary employment" means work which that pays at least the
2minimum wage as established under ch. 104 s. 104.035 (1) or under federal law,
3whichever is greater,; offers adequate fringe benefits, including health insurance,;
4and is not seasonal or part time.
SB505,20 5Section 20. 234.94 (8) of the statutes is amended to read:
SB505,10,116 234.94 (8) "Target group" means a population group for which the
7unemployment level is at least 25% 25 percent higher than the statewide
8unemployment level, or a population group for which the average wage received is
9less than 1.2 times the minimum wage as established under ch. 104 s. 104.035 (1) or
10under federal law, whichever is greater. No population group is required to be located
11within a contiguous geographic area to be considered a target group.
SB505,21 12Section 21. 800.09 (1j) of the statutes is amended to read:
SB505,10,2413 800.09 (1j) If the court orders the defendant to perform community service
14work in lieu of making restitution or of paying the forfeiture, surcharges, fees and
15costs, or both, the court may order that the defendant perform community service
16work for a public agency or a nonprofit charitable organization that is approved by
17the court and agreed to by the public agency or nonprofit charitable organization.
18Community service work may be in lieu of restitution only if also agreed to by the
19person to whom restitution is owed. The number of hours of community service work
20required may not exceed the number determined by dividing the amount owed on the
21forfeiture by the minimum wage established under ch. 104 for adults in
22nonagriculture, nontipped employment
s. 104.035 (1). The court shall ensure that
23the defendant is provided a written statement of the terms of the community service
24order and that the community service order is monitored.
SB505,22 25Section 22. 800.095 (1) (d) of the statutes is amended to read:
SB505,11,11
1800.095 (1) (d) That the defendant perform community service work for a
2public agency or nonprofit charitable organization approved by the court and agreed
3to by the agency or nonprofit charitable organization. If the community service work
4is in lieu of restitution, then the person to whom restitution is owed must agree; the
5defendant shall be given credit at the rate of not less than the minimum wage
6established under ch. 104 for adults in nonagriculture, nontipped employment s.
7104.035 (1)
for each one hour of community service completed. The defendant shall
8be given a written statement of the community service order. Nothing in this
9paragraph makes the defendant an employee or agent of the court or the
10municipality. The defendant shall be responsible for providing the court with proof
11that the community service hours have been completed.
SB505,23 12Section 23. 895.035 (2m) (c) of the statutes is amended to read:
SB505,12,413 895.035 (2m) (c) The court assigned to exercise jurisdiction under chs. 48 and
14938 may order that the juvenile perform community service work for a public agency
15or nonprofit charitable organization that is designated by the court in lieu of making
16restitution or paying the forfeiture or surcharge. If the parent agrees to perform
17community service work in lieu of making restitution or paying the forfeiture or
18surcharge, the court may order that the parent perform community service work for
19a public agency or a nonprofit charitable organization that is designated by the court.
20Community service work may be in lieu of restitution only if also agreed to by the
21public agency or nonprofit charitable organization and by the person to whom
22restitution is owed. The court may utilize any available resources, including any
23community service work program, in ordering the juvenile or parent to perform
24community service work. The number of hours of community service work required
25may not exceed the number determined by dividing the amount owed on the

1restitution, forfeiture, or surcharge by the minimum wage established under ch. 104
2for adults in nonagriculture, nontipped employment
s. 104.035 (1). The court shall
3ensure that the juvenile or parent is provided with a written statement of the terms
4of the community service order and that the community service order is monitored.
SB505,24 5Section 24. Effective date.
SB505,12,76 (1) Minimum wage. This act takes effect on the first day of the 3rd month
7beginning after publication.
SB505,12,88 (End)
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