Amendment AA10-ASA1-AB133

LRBb1336/1

GMM&RPN:cmh:km

1999 - 2000 LEGISLATURE

ASSEMBLY AMENDMENT 10, TO ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1999 ASSEMBLY BILL 133

June 29, 1999 - Offered by Representative Turner.

AB133-ASA1-AA10,1,1 At the locations indicated, amend the substitute amendment as follows:

AB133-ASA1-AA10,1,2 1. Page 659, line 19: after that line insert:

AB133-ASA1-AA10,1,3 " Section 1213s. 49.141 (1) (g) of the statutes is amended to read:

AB133-ASA1-AA10,1,6 49.141 (1) (g) "Minimum wage" means the state minimum hourly wage under ch. 104 s. 104.035 (2) or the federal minimum hourly wage under 29 USC 206 (a) (1), whichever is applicable.".

AB133-ASA1-AA10,1,7 2. Page 1080, line 24: after that line insert:

AB133-ASA1-AA10,1,8 " Section 2005hc. 104.01 (intro.) of the statutes is amended to read:

AB133-ASA1-AA10,1,10 104.01 Definitions. (intro.) The following terms as used in ss. 104.01 to 104.12 shall be construed as follows In this chapter:

AB133-ASA1-AA10, s. 2005hd Section 2005hd. 104.01 (5) of the statutes is amended to read:

AB133-ASA1-AA10,2,4 104.01 (5) The term "living-wage" shall mean "Living wage" means compensation for labor paid, whether by time, piecework or otherwise, sufficient to enable the employe receiving it to maintain himself or herself under conditions consistent with his or her welfare.

AB133-ASA1-AA10, s. 2005he Section 2005he. 104.01 (5m) of the statutes is created to read:

AB133-ASA1-AA10,2,8 104.01 (5m) "Opportunity employe" means a person under 20 years of age who has been employed for a cumulative total of 30 calendar days or less within the preceding 3-year period.

AB133-ASA1-AA10, s. 2005hg Section 2005hg. 104.01 (5p) of the statutes is created to read:

AB133-ASA1-AA10,2,12 104.01 (5p) "Poverty line" means the poverty guidelines for the continental United States, as revised annually by the federal department of health and human services under 42 USC 9902 (2).

AB133-ASA1-AA10, s. 2005hh Section 2005hh. 104.01 (7m) of the statutes is created to read:

AB133-ASA1-AA10,2,16 104.01 (7m) "Tipped employe" means an employe who in the course of employment customarily and regularly receives money or other gratuities from persons other than the employe's employer.

AB133-ASA1-AA10, s. 2005hL Section 2005hL. 104.01 (8) of the statutes is amended to read:

AB133-ASA1-AA10,2,19 104.01 (8) The term "wage" and the term "wages" shall each mean "Wage" means any compensation for labor measured by time, piece or otherwise.

AB133-ASA1-AA10, s. 2005hj Section 2005hj. 104.02 of the statutes is amended to read:

AB133-ASA1-AA10,2,23 104.02 Living-wage prescribed Living wage required. Every wage paid or agreed to be paid by any employer to any employe, except as otherwise provided in s. 104.07, shall be not less than a living-wage living wage.

AB133-ASA1-AA10, s. 2005hk Section 2005hk. 104.03 of the statutes is amended to read:

AB133-ASA1-AA10,3,3 104.03 Unlawful wages. Any employer paying, offering to pay, or agreeing to pay any employe a wage lower or less in value than a living-wage living wage is guilty of a violation of ss. 104.01 to 104.12 this chapter.

AB133-ASA1-AA10, s. 2005hm Section 2005hm. 104.035 of the statutes is created to read:

AB133-ASA1-AA10,3,18 104.035 Minimum wage. (1) Department to promulgate rules. The department shall promulgate rules providing minimum hourly wages for the employes specified in subs. (2) to (5). The department shall calculate those minimum hourly wages according to the methods specified in subs. (2) to (5). Annually, within 30 days after the federal department of health and human services publishes its annual revision of the poverty line, the department, using the procedure under s. 227.24 and the methods specified in subs. (2) to (5), shall promulgate rules revising the minimum hourly wages provided under subs. (2) to (5). Notwithstanding s. 227.24 (1) (a) and (2) (b), the department is not required to provide evidence of the necessity of preserving the public peace, health, safety or welfare in promulgating rules revising the minimum wages provided under subs. (2) to (5). A revised minimum wage provided under subs. (2) to (5) shall first apply to wages earned beginning on the first day of the first month beginning after the date on which that minimum wage is revised.

AB133-ASA1-AA10,3,22 (2) Employes generally. Subject to the minimum wages provided under subs. (3) to (6), the department shall calculate the minimum hourly wage for employes generally by dividing the poverty line for a family of 3 persons by 2,080 and rounding the quotient to the nearest multiple of 5 cents.

AB133-ASA1-AA10,4,2 (3) Opportunity employes. Notwithstanding the minimum wage provided under sub. (2), but subject to the minimum wages provided under subs. (4) to (7), the department shall calculate the minimum wage for opportunity employes by multiplying the result obtained under sub. (2) by 92.9% and rounding the product to the nearest multiple of 5 cents.

AB133-ASA1-AA10,4,5 (4) Tipped employes. (a) Notwithstanding the minimum wages provided under subs. (2) and (3), but subject to the minimum wages provided under subs. (5) to (7), the department shall calculate the minimum wage for tipped employes as follows:

AB133-ASA1-AA10,4,8 1. For persons who are not opportunity employes, by multiplying the result obtained under sub. (2) by 54.8% and rounding the product to the nearest multiple of 5 cents.

AB133-ASA1-AA10,4,11 2. For persons who are opportunity employes, by multiplying the result obtained under sub. (2) by 51.7% and rounding the product to the nearest multiple of 5 cents.

AB133-ASA1-AA10,4,16 (b) An employer may pay the minimum wages specified in par. (a) only if the employer establishes by the employer's payroll records that, when adding the tips received by an employe to the wages under par. (a) paid to that employe, the employe receives not less than the minimum wage specified in sub. (2) or (3), whichever is applicable.

AB133-ASA1-AA10,4,24 (5) Agricultural employes. Notwithstanding the minimum wages provided under subs. (2) to (4), but subject to the minimum wages provided under subs. (6) and (7), the department shall calculate the minimum wage for persons 18 years of age or over who are agricultural employes by multiplying the result obtained under sub. (2) by 95.3% and rounding the product to the nearest multiple of 5 cents and shall calculate the minimum wage for persons under 18 years of age who are agricultural employes by multiplying the result obtained under sub. (2) by 87.0% and rounding the product to the nearest multiple of 5 cents.

AB133-ASA1-AA10,5,2 (6) Minimum wage established by department. The department shall promulgate rules providing the minimum wage for all of the following:

AB133-ASA1-AA10,5,4 (a) A counselor employed at a seasonal recreational or educational camp, including a day camp, for campers under 18 years of age.

AB133-ASA1-AA10,5,6 (b) A person engaged in casual employment in and around an employer's home on an irregular or intermittent basis for not more than 15 hours per week.

AB133-ASA1-AA10,5,10 (c) A person who resides with and who provides companionship, care, not including practical or professional nursing, as defined in s. 441.11 (3) and (4), and not more than 15 hours per week of general household work for an employer who, due to advanced age or physical or mental disability, cannot care for his or her own needs.

AB133-ASA1-AA10,5,11 (d) A caddy on a golf course.

AB133-ASA1-AA10,5,13 (e) An employe or worker with a disability covered under a license under s. 104.07.

AB133-ASA1-AA10,5,14 (f) A student learner.

AB133-ASA1-AA10,5,15 (g) A student employed by an independent college or university.

AB133-ASA1-AA10,5,17 (7) Department may revise. The department may promulgate rules to increase a minimum wage provided under subs. (2) to (5).

AB133-ASA1-AA10, s. 2005hn Section 2005hn. 104.04 of the statutes is amended to read:

AB133-ASA1-AA10,6,6 104.04 Classifications; department's authority. The department shall investigate, ascertain, determine and fix such reasonable classifications, and shall impose general or special orders, determining the living-wage living wage, and shall carry out the purposes of ss. 104.01 to 104.12 this chapter. Such investigations, classifications and orders shall be made as provided under s. 103.005, and the penalties specified in s. 103.005 (12) shall apply to and be imposed for any violation of ss. 104.01 to 104.12. In determining the living-wage, the department may consider the effect that an increase in the living-wage might have on the economy of the state, including the effect of a living-wage increase on job creation, retention and expansion, on the availability of entry-level jobs and on regional economic conditions within the state this chapter. The department may not establish a different minimum wage for men and women. Said orders shall be subject to review in the manner provided in ch. 227.

AB133-ASA1-AA10, s. 2005ho Section 2005ho. 104.045 of the statutes is renumbered 104.045 (intro.) and amended to read:

AB133-ASA1-AA10,6,11 104.045 Tipped employes Tips, meals and lodging, and hours worked. (intro.) The department shall by rule determine what amount of promulgate rules governing all of the following:

AB133-ASA1-AA10,6,13 (1) The counting of tips or similar gratuities may be counted toward fulfillment of the employer's obligation under this chapter.

AB133-ASA1-AA10, s. 2005hoo Section 2005hoo. 104.045 (2) and (3) of the statutes are created to read:

AB133-ASA1-AA10,6,16 104.045 (2) The deduction of meals or lodging provided by an employer to an employe from the employer's obligations under this chapter.

AB133-ASA1-AA10,6,18 (3) The determination of hours worked by an employe during which the employe is entitled to a living wage under this chapter.

AB133-ASA1-AA10, s. 2005hp Section 2005hp. 104.05 of the statutes is amended to read:

AB133-ASA1-AA10,6,25 104.05 Complaints; investigation. The department shall, within 20 days after the filing of a verified complaint of any person setting forth alleging that the wages paid to any employe in any occupation are not sufficient to enable the employe to maintain himself or herself under conditions consistent with his or her welfare, investigate and determine whether there is reasonable cause to believe that the wage paid to any the employe is not a living-wage living wage.

AB133-ASA1-AA10, s. 2005hq Section 2005hq. 104.06 of the statutes is amended to read:

AB133-ASA1-AA10,7,10 104.06 Wage council; determination. If, upon investigation, the department finds that there is reasonable cause to believe that the wages paid to any employe are not a living-wage, it living wage, the department shall appoint a wage council, selected so as fairly to represent employers, employes and the public, to assist in its investigations and determinations. The living-wage department may use the results of an investigation under this section to establish a living wage. A living wage so determined upon shall be the living-wage living wage for all employes within the same class as established by the classification of the department under s. 104.04.

AB133-ASA1-AA10, s. 2005hr Section 2005hr. 104.07 (1) of the statutes is amended to read:

AB133-ASA1-AA10,7,18 104.07 (1) The department shall make promulgate rules and, except as provided under subs. (5) and (6), grant licenses, to any employer who employs any employe who is unable to earn the living-wage theretofore determined upon, permitting such person to a living wage so that the employe may work for a wage which shall be that is commensurate with the employe's ability and each. Each license so granted shall establish a wage for the licensee employes of the licensee who are unable to earn a living wage.

AB133-ASA1-AA10, s. 2005hs Section 2005hs. 104.07 (2) of the statutes is amended to read:

AB133-ASA1-AA10,7,25 104.07 (2) The department shall make promulgate rules and, except as provided under subs. (5) and (6), grant licenses to sheltered workshops to permit the employment of workers with disabilities who are unable to earn the living-wage at a living wage so that those workers may work for a wage that is commensurate with their ability and productivity. A license granted to a sheltered workshop under this section may be issued for the entire workshop or a department of the workshop.

AB133-ASA1-AA10, s. 2005ht Section 2005ht. 104.08 (1) of the statutes is renumbered 104.08 (2) and amended to read:

AB133-ASA1-AA10,8,6 104.08 (2) All persons Any person working in an occupation a trade industry for which a living-wage living wage has been established for minors, and who shall have has no trade, shall, if employed in an occupation which is a trade industry, be indentured under the provisions of s. 106.01.

AB133-ASA1-AA10, s. 2005hu Section 2005hu. 104.08 (1) (b) of the statutes is created to read:

AB133-ASA1-AA10,8,10 104.08 (1) (b) "Trade industry" means an industry involving physical labor and characterized by mechanical skill and training such as render a period of instruction reasonably necessary.

AB133-ASA1-AA10, s. 2005hv Section 2005hv. 104.08 (2) of the statutes is renumbered 104.08 (1) (intro.) and amended to read:

AB133-ASA1-AA10,8,14 104.08 (1) (intro.) A "trade" or a "trade industry" within the meaning of ss. 104.01 to 104.12 shall be a trade or In this section:

AB133-ASA1-AA10,8,17 (a) "Trade" means an industry occupation involving physical labor and characterized by mechanical skill and training such as render a period of instruction reasonably necessary.

AB133-ASA1-AA10,8,20 (3) (a) The department shall investigate, determine and declare what occupations and industries are included within the phrase a "trade" or a "trade industry".

AB133-ASA1-AA10, s. 2005hw Section 2005hw. 104.08 (3) of the statutes is renumbered 104.08 (3) (b).

AB133-ASA1-AA10, s. 2005hx Section 2005hx. 104.10 of the statutes is amended to read:

AB133-ASA1-AA10,9,4 104.10 Penalty for intimidating witness. Any employer who discharges or threatens to discharge, or who in any way discriminates , or threatens to discriminate, against any employe because the employe has testified or is about to testify, or because the employer believes that the employe may testify, in any investigation or proceeding relative to the enforcement of ss. 104.01 to 104.12, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of $25 this chapter may be fined $500 for each offense.

AB133-ASA1-AA10, s. 2005hy Section 2005hy. 104.11 of the statutes is amended to read:

AB133-ASA1-AA10,9,9 104.11 Definition of violation. Each day during which any an employer shall employ employs a person for whom a living-wage living wage has been fixed established at a wage less than the living-wage fixed established living wage shall constitute a separate and distinct violation of ss. 104.01 to 104.12 this chapter.

AB133-ASA1-AA10, s. 2005hz Section 2005hz. 104.12 of the statutes is amended to read:

AB133-ASA1-AA10,9,17 104.12 Complaints. Any person may register with the department a complaint that the wages paid to employes for whom a living-wage living wage has been established are less than that rate, and the department shall investigate the matter and take all proceedings necessary to enforce the payment of a wage not less than the living-wage a living wage. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.".