(b) Notwithstanding par. (a), a laborer, worker, mechanic or truck driver who is regularly employed in the processing, manufacturing or delivery of materials or products by or for a commercial establishment that has a fixed place of business from which the establishment regularly supplies processed or manufactured materials or products is not entitled to receive the prevailing wage rate determined under sub. (3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor determined under sub. (3).
(c) A truck driver who is an owner-operator of a truck shall be paid separately for his or her work and for the use of his or her truck.
215,70
Section 70
. 103.50 (3) (a) of the statutes is renumbered 103.50 (3) and amended to read:
103.50 (3) Investigations; determinations. The department shall conduct investigations and hold public hearings necessary to define classes of laborers and mechanics the trades or occupations that are commonly employed in the highway construction industry and to inform itself as to the hours of labor and prevailing wage rates and prevailing hours of labor in all areas of the state for all classes of labor and mechanics commonly employed in highway construction work, with a view to ascertaining and determining prevailing hours of labor, those trades or occupations, in order to ascertain and determine the prevailing wage rates and hourly basic rates of pay prevailing hours of labor accordingly.
215,71
Section 71
. 103.50 (3) (b) of the statutes is repealed.
215,72
Section 72
. 103.50 (4) of the statutes is amended to read:
103.50 (4) (title) Certification of prevailing wage rates and hours and wages of labor. The department of industry, labor and human relations shall
prior to, by May 1 of the current each calendar year, certify to the department of transportation the prevailing hours of labor, the prevailing wage rate rates and the hourly basic rate of pay for all such classes of laborers and mechanics prevailing hours of labor in each area for all trades or occupations commonly employed in the highway construction industry. The certification shall, in addition to the current prevailing hours of labor, the prevailing wage rates and the hourly basic rates of pay prevailing hours of labor, include future hours and prevailing wage rates and prevailing hours of labor when such hours and
prevailing wage rates and prevailing hours of labor can be determined for any such classes of laborers and mechanics trade or occupation in any area and shall specifically set forth specify the effective dates thereof when date of those future hours and rates are certified
prevailing wage rates and prevailing hours of labor. If a construction project extends into more than one area there shall be but one standard of hours of labor and prevailing wage rates and prevailing hours of labor for the entire project.
215,73
Section 73
. 103.50 (4) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
103.50 (4) Certification of prevailing wage rates and hours of labor. The department of industry, labor and job development shall, by May 1 of each calendar year, certify to the department of transportation the prevailing wage rates and the prevailing hours of labor in each area for all trades or occupations commonly employed in the highway construction industry. The certification shall, in addition to the current prevailing wage rates and prevailing hours of labor, include future prevailing wage rates and prevailing hours of labor when such prevailing wage rates and prevailing hours of labor can be determined for any such trade or occupation in any area and shall specify the effective date of those future prevailing wage rates and prevailing hours of labor. If a construction project extends into more than one area there shall be but one standard of prevailing wage rates and prevailing hours of labor for the entire project.
215,74m
Section 74m. 103.50 (4m) of the statutes is created to read:
103.50 (4m) Wage rate data. In determining prevailing wage rates for projects that are subject to this section, the department shall use data from projects that are subject to this section, s. 66.293 or 103.49 or 40 USC 276a.
215,75
Section 75
. 103.50 (5) of the statutes is amended to read:
103.50 (5) Appeals to governor. If the department of transportation deems considers any determination of the department of industry, labor and human relations as to the prevailing hours of labor, prevailing wage rates and the hourly basic rates of pay prevailing hours of labor in an area to have been incorrect, it may appeal to the governor, whose determination shall be final.
215,76
Section 76
. 103.50 (5) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
103.50 (5) Appeals to governor. If the department of transportation considers any determination of the department of industry, labor and job development as to the prevailing wage rates and the prevailing hours of labor in an area to have been incorrect, it may appeal to the governor, whose determination shall be final.
215,77
Section 77
. 103.50 (6) of the statutes is amended to read:
103.50 (6) Contents of contracts. The prevailing hours of labor, the A reference to the prevailing wage rates and the hourly basic rates of pay and classifications for all labor as certified by the department shall be specifically set forth in the proposals and contracts for each highway construction contract to which the state is a party prevailing hours of labor determined under sub. (3) shall be published in the notice issued for the purpose of securing bids for a project. If any contract or subcontract for a project that is subject to this section is entered into, the prevailing wage rates and prevailing hours of labor determined under sub. (3) shall be physically incorporated into and made a part of the contract or subcontract, except that for a minor subcontract, as determined by the department of industry, labor and human relations, that department shall prescribe by rule the method of notifying the minor subcontractor of the prevailing wage rates and prevailing hours of labor applicable to the minor subcontract. The prevailing wage rates and prevailing hours of labor applicable to a contract or subcontract may not be changed during the time that the contract or subcontract is in force. For the information of the employes working on the project, the prevailing wage rates and prevailing hours of labor determined by the department and shall, together with the provisions of sub. subs. (2) and (7), shall be kept posted
on the project by the employer department of transportation in at least one conspicuous and easily accessible place for the information of employes working on the site of the project.
215,78
Section 78
. 103.50 (6) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
103.50 (6) Contents of contracts. A reference to the prevailing wage rates and the prevailing hours of labor determined under sub. (3) shall be published in the notice issued for the purpose of securing bids for a project. If any contract or subcontract for a project that is subject to this section is entered into, the prevailing wage rates and prevailing hours of labor determined under sub. (3) shall be physically incorporated into and made a part of the contract or subcontract, except that for a minor subcontract, as determined by the department of industry, labor and job development, that department shall prescribe by rule the method of notifying the minor subcontractor of the prevailing wage rates and prevailing hours of labor applicable to the minor subcontract. The prevailing wage rates and prevailing hours of labor applicable to a contract or subcontract may not be changed during the time that the contract or subcontract is in force. For the information of the employes working on the project, the prevailing wage rates and prevailing hours of labor determined by the department and the provisions of subs. (2) and (7) shall be kept posted by the department of transportation in at least one conspicuous and easily accessible place on the site of the project.
215,79
Section 79
. 103.50 (7) (a) of the statutes is amended to read:
103.50 (7) (a) Except as provided in par. pars. (b), (d) and (f), any contractor, subcontractor or agent thereof who violates this section may be fined not less than $50 nor more than $200 or imprisoned for not more than 18 6 months or both. Each day that any such violation continues shall be deemed considered a separate offense.
215,80
Section 80
. 103.50 (7) (b) of the statutes is amended to read:
103.50 (7) (b) Whoever induces any individual who seeks to be or is employed on any project that is subject to this section to give up or forego, waive or return any part of the wages to which he or she the individual is entitled under the contract governing such project, or who reduces the hourly basic rate of pay normally paid to an employe for work on a project that is not subject to this section during a week in which the employe works both on a project that is subject to this section and on a project that is not subject to this section, by threat not to employ, by threat of dismissal from such employment or by any other means is guilty of an offense under s. 946.15 (1).
215,81
Section 81
. 103.50 (7) (c) of the statutes is amended to read:
103.50 (7) (c) Any person employed on a project
under a contract that is subject to this section who knowingly permits the a contractor
or, subcontractor or agent thereof to pay him or her less than the prevailing wage rate set forth in the contract, or governing such project, who gives up, waives or returns any part of the compensation to which he or she is entitled under the contract, or who gives up, waives or returns any part of the compensation to which he or she is normally entitled for work on a project that is not subject to this section during a week in which the person works both on a project that is subject to this section and on a project that is not subject to this section, is guilty of an offense under s. 946.15 (2).
215,82
Section 82
. 103.50 (7) (d), (e) and (f) of the statutes are created to read:
103.50 (7) (d) Whoever induces any individual who seeks to be or is employed on any project that is subject to this section to permit any part of the wages to which the individual is entitled under the contract governing such project to be deducted from the individual's pay is guilty of an offense under s. 946.15 (3), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to 40 USC 276c.
(e) Any person employed on a project that is subject to this section who knowingly permits any part of the wages to which he or she is entitled under the contract governing such project to be deducted from his or her pay is guilty of an offense under s. 946.15 (4), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to 40 USC 276c.
(f) Paragraph (a) does not apply to any person who fails to provide any information to the department to assist the department in determining prevailing wage rates or prevailing hours of labor under sub. (3) or (4).
215,83
Section 83
. 103.50 (8) of the statutes is amended to read:
103.50 (8) Enforcement and prosecution. The department of transportation shall require adherence to subs. (2) and (6). The department of transportation may demand and examine, and it shall be the duty of every contractor and, subcontractor
and agent thereof shall to keep and furnish to the department of transportation, copies of payrolls and it may examine all other records and information relating to hours of work and the wages paid laborers and mechanics on the to persons described in sub. (2m) for work to which this section is applicable applies. Upon request of the department of transportation or upon complaint of alleged violation, the district attorney of the county in which the work is located shall make such investigation as necessary and prosecute violations in a court of competent jurisdiction. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.
215,84
Section 84
. 227.01 (13) (t) of the statutes is amended to read:
227.01 (13) (t) Ascertains and determines prevailing hours of labor, wage rates and truck rental rates under s. 103.50 and prevailing wage rates and prevailing hours of labor under s. ss. 66.293, 103.49
and 103.50, except that any action or inaction which ascertains and determines prevailing hours of labor, wage rates and truck rental rates prevailing hours of labor under ss.
66.293, 103.49 and 103.50 is subject to judicial review under s. 227.40.
215,85
Section 85
. 946.15 (1) of the statutes is amended to read:
946.15 (1) Any employer, or any agent or employe of an employer, who induces any person who seeks to be or is employed pursuant to a public contract as defined in s. 66.29 (1) (c) or who seeks to be or is employed on a project on which a prevailing wage rate determination has been established issued by the department of industry, labor and human relations under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (6) to give up, waive or return any part of the compensation to which that person is entitled under his or her contract of employment or under the prevailing wage rate determination made issued by the department
or local governmental unit, or who reduces the hourly basic rate of pay normally paid to an employe for work on a project on which a prevailing wage rate determination has not been issued under s. 66.293 (3) or (6), 103.49 (3) or 103.50 (3) during a week in which the employe works both on a project on which a prevailing wage rate determination has been issued and on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class E felony.
215,86
Section 86
. 946.15 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
946.15 (1) Any employer, or any agent or employe of an employer, who induces any person who seeks to be or is employed pursuant to a public contract as defined in s. 66.29 (1) (c) or who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of industry, labor and job development under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (6) to give up, waive or return any part of the compensation to which that person is entitled under his or her contract of employment or under the prevailing wage rate determination issued by the department or local governmental unit, or who reduces the hourly basic rate of pay normally paid to an employe for work on a project on which a prevailing wage rate determination has not been issued under s. 66.293 (3) or (6), 103.49 (3) or 103.50 (3) during a week in which the employe works both on a project on which a prevailing wage rate determination has been issued and on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class E felony.
215,87
Section 87
. 946.15 (2) of the statutes is amended to read:
946.15 (2) Any person employed pursuant to a public contract as defined in s. 66.29 (1) (c) or employed on a project on which a prevailing wage rate determination has been established issued by the department of industry, labor and human relations under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (6) who gives up, waives or returns to the employer or agent of the employer any part of the compensation to which the employe is entitled under his or her contract of employment or under the prevailing wage determination made
issued by the department or local governmental unit, or who gives up any part of the compensation to which he or she is normally entitled for work on a project on which a prevailing wage rate determination has not been issued under s. 66.293 (3) or (6), 103.49 (3) or 103.50 (3) during a week in which the person works part-time on a project on which a prevailing wage rate determination has been issued and part-time on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class C misdemeanor.
215,88
Section 88
. 946.15 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
946.15 (2) Any person employed pursuant to a public contract as defined in s. 66.29 (1) (c) or employed on a project on which a prevailing wage rate determination has been issued by the department of industry, labor and job development under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (6) who gives up, waives or returns to the employer or agent of the employer any part of the compensation to which the employe is entitled under his or her contract of employment or under the prevailing wage determination issued by the department or local governmental unit, or who gives up any part of the compensation to which he or she is normally entitled for work on a project on which a prevailing wage rate determination has not been issued under s. 66.293 (3) or (6), 103.49 (3) or 103.50 (3) during a week in which the person works part-time on a project on which a prevailing wage rate determination has been issued and part-time on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class C misdemeanor.
215,89
Section 89
. 946.15 (3) of the statutes is created to read:
946.15 (3) Any employer or labor organization, or any agent or employe of an employer or labor organization, who induces any person who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of industry, labor and human relations under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (6) to permit any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from the person's pay is guilty of a Class E felony, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 276c.
215,90
Section 90
. 946.15 (3) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:
946.15 (3) Any employer or labor organization, or any agent or employe of an employer or labor organization, who induces any person who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of industry, labor and human relations job development under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (6) to permit any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from the person's pay is guilty of a Class E felony, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 276c.
215,91
Section 91
. 946.15 (4) of the statutes is created to read:
946.15 (4) Any person employed on a project on which a prevailing wage rate determination has been issued by the department of industry, labor and human relations under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (6) who permits any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from his or her pay is guilty of a Class C misdemeanor, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 276c.
215,92
Section 92
. 946.15 (4) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:
946.15 (4) Any person employed on a project on which a prevailing wage rate determination has been issued by the department of industry, labor and human relations job development under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (6) who permits any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from his or her pay is guilty of a Class C misdemeanor, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 276c.
215,9331
Section 9331.
Initial applicability; industry, labor and human relations.
(1) Except as provided in subsections (2) to (6), this act first applies to work performed on the effective date of this subsection.
(2) Except as provided in subsection (5), the repeal and recreation of sections 66.293 (1) (b) and (h) and (10) (b) and (d), 101.02 (13) (a), 103.49 (5) (b), 103.50 (4), (5) and (6) and 946.15 (1) and (2) of the statutes and the amendment of sections 103.005 (12) (a) and 946.15 (3) and (4) of the statutes first apply to work performed on the effective date of this subsection.
(3) Except as provided in subsection (6), the treatment of sections 66.293 (1) (a), (cm), (f) and (g), (3) (intro.), (ar), (av), (br) and (d) and (11) (b) 6., 103.49 (1) (a), (bg), (c) and (d) and (6m) (f) and 103.50 (1) (a), (bg), (c) and (d) and (4m) of the statutes, the renumbering and amendment of section 103.49 (3) of the statutes and the creation of section 103.49 (3) (am), (ar), (b) and (c) of the statutes first apply to work performed on the effective date of this subsection.
(4) Except as provided in subsections (5) and (6), this act first applies to an employe covered by a collective bargaining agreement that is in effect on the effective date of this subsection that contains provisions that are inconsistent with this act on the day after the collective bargaining agreement expires or on the day that the collective bargaining agreement is modified, extended or renewed.
(5) The repeal and recreation of sections 66.293 (1) (b) and (h) and (10) (b) and (d), 101.02 (13) (a), 103.49 (5) (b), 103.50 (4), (5) and (6) and 946.15 (1) and (2) of the statutes and the amendment of sections 103.005 (12) (a) and 946.15 (3) and (4) of the statutes first apply to an employe covered by a collective bargaining agreement that is in effect on the effective date of this subsection that contains provisions that are inconsistent with this act on the day after the collective bargaining agreement expires or on the day that the collective bargaining agreement is modified, extended or renewed.
(6) The treatment of sections 66.293 (1) (a), (cm), (f) and (g), (3) (intro.), (ar), (av), (br) and (d) and (11) (b) 6., 103.49 (1) (a), (bg), (c) and (d) and (6m) (f) and 103.50 (1) (a), (bg), (c) and (d) and (4m) of the statutes, the renumbering and amendment of section 103.49 (3) of the statutes and the creation of section 103.49 (3) (am), (ar), (b) and (c) of the statues first apply to an employe covered by a collective bargaining agreement that is in effect on the effective date of this subsection that contains provisions that are inconsistent with this act on the day after the collective bargaining agreement expires or on the day that the collective bargaining agreement is modified, extended or renewed.
215,9431
Section 9431.
Effective dates; industry, labor and human relations. This act takes effect on the day after publication, except as follows:
(1) The repeal and recreation of sections 66.293 (1) (b) and (h) and (10) (b) and (d), 101.02 (13) (a), 103.49 (5) (b), 103.50 (4), (5) and (6) and 946.15 (1) and (2) of the statutes and the amendment of sections 103.005 (12) (a), 946.15 (3) and (4) of the statutes and Section 9331 (2) and (5) of this act take effect on July 1, 1996, or on the day after publication, whichever is later.
(2) The treatment of sections 66.293 (1) (a), (cm), (f) and (g), (3) (intro.), (ar), (av), (br) and (d) and (11) (b) 6., 103.49 (1) (a), (bg), (c) and (d) and (6m) (f) and 103.50 (1) (a), (bg), (c) and (d) and (4m) of the statutes, the renumbering and amendment of section 103.49 (3) of the statutes and the creation of section 103.49 (3) (am), (ar), (b) and (c) of the statutes and Section 9331 (3) and (6) of this act take effect on January 1, 1997, or on the day after publication, whichever is later.
