LRB-4101/1
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2013 - 2014 LEGISLATURE
January 31, 2014 - Introduced by Representatives Born, Ballweg, Bies, Brooks,
Jacque, Jagler, Kestell, Knodl, Kulp, T. Larson, LeMahieu, Marklein,
Murtha and Thiesfeldt, cosponsored by Senators Farrow, S. Fitzgerald and
Grothman. Referred to Committee on Workforce Development.
AB712,1,4 1An Act to amend 104.09 of the statutes; relating to: exempting employers from
2keeping records of the hours of employment of an employee who is exempt from
3the overtime pay requirement and who is not compensated on an hourly rate
4basis.
Analysis by the Legislative Reference Bureau
Under current administrative rules promulgated by the Department of
Workforce Development, employers are generally required to pay employees 1.5
times their regular rates of pay for all hours worked in excess of 40 hours per week
(overtime pay). Those rules, however, exempt from the overtime pay requirement
certain employees, including employees whose primary duty consists of
administrative, executive, or professional work; outside salespersons; highly
compensated employees; and computer professionals (exempt employees). Current
law also requires an employer to keep records of the hours of employment and wages
of its employees, including its exempt employees.
This bill provides that an employer is not required to keep a record of the hours
of employment of an exempt employee who is not compensated on an hourly rate
basis.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB712,1
1Section 1. 104.09 of the statutes is amended to read:
AB712,2,8 2104.09 Records. Each employer shall keep a record of the names and
3addresses of all student learners and employees, the hours of employment and wages
4of each, and such other records pertaining to ability as the department requires,
5except that an employer is not required to keep a record of the hours of employment
6of an employee who is exempt under rules promulgated by the department from the
7requirement under s. 103.02 that an employee be paid overtime compensation, as
8defined in s. 103.025 (1) (c), and who is not compensated on an hourly rate basis
.
AB712,2 9Section 2. Initial applicability.
AB712,2,1310 (1) Exempt employees. This act first applies to an employee who is affected by
11a collective bargaining agreement that contains provisions inconsistent with this act
12on the day on which the collective bargaining agreement expires or is extended,
13modified, or renewed, whichever occurs first.
AB712,2,1414 (End)
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