LRBa0280/1
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2005 - 2006 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO 2005 ASSEMBLY BILL 36
March 8, 2005 - Offered by Representative Richards.
AB36-AA1,1,11 At the locations indicated, amend the bill as follows:
AB36-AA1,1,2 21. Page 1, line 5: delete "and".
AB36-AA1,1,4 32. Page 1, line 5: after "prisoners" insert ", a state minimum wage, granting
4rule-making authority, and providing a penalty".
AB36-AA1,1,5 53. Page 2, line 1: before that line insert:
AB36-AA1,1,6 6" Section 1b. 49.141 (1) (g) of the statutes is amended to read:
AB36-AA1,1,97 49.141 (1) (g) "Minimum wage" means the state minimum hourly wage under
8ch. 104 s. 104.035 (1) or the federal minimum hourly wage under 29 USC 206 (a) (1),
9whichever is applicable.
AB36-AA1, s. 1bm 10Section 1bm. 104.01 (intro.) of the statutes is amended to read:
AB36-AA1,1,12 11104.01 Definitions. (intro.) The following terms as used in ss. 104.01 to
12104.12 shall be construed as follows
In this chapter:
AB36-AA1, s. 1c 13Section 1c. 104.01 (1) of the statutes is renumbered 104.01 (1m).
AB36-AA1, s. 1cm
1Section 1cm. 104.01 (1d) of the statutes is created to read:
AB36-AA1,2,32 104.01 (1d) "Agricultural employee" means an employee who is employed in
3farming, as defined in s. 102.04 (3).
AB36-AA1, s. 1d 4Section 1d. 104.01 (5) of the statutes is amended to read:
AB36-AA1,2,85 104.01 (5) The term "living-wage" shall mean "Living wage" means
6compensation for labor paid, whether by time, piecework, or otherwise, sufficient to
7enable the employee receiving it to maintain himself or herself under conditions
8consistent with his or her welfare.
AB36-AA1, s. 1dm 9Section 1dm. 104.01 (5g) of the statutes is created to read:
AB36-AA1,2,1110 104.01 (5g) "Minor employee" means a minor who is paid at the applicable
11minimum wage rate for minors.
AB36-AA1, s. 1e 12Section 1e. 104.01 (5m) of the statutes is created to read:
AB36-AA1,2,1413 104.01 (5m) "Opportunity employee" means a person under 20 years of age who
14is in the first 90 consecutive days of employment with his or her employer.
AB36-AA1, s. 1em 15Section 1em. 104.01 (7m) of the statutes is created to read:
AB36-AA1,2,1816 104.01 (7m) "Tipped employee" means an employee who in the course of
17employment customarily and regularly receives money or other gratuities from
18persons other than the employee's employer.
AB36-AA1, s. 1f 19Section 1f. 104.01 (8) of the statutes is amended to read:
AB36-AA1,2,2120 104.01 (8) The term "wage" and the term "wages" shall each mean "Wage"
21means
any compensation for labor measured by time, piece, or otherwise.
AB36-AA1, s. 1fm 22Section 1fm. 104.02 of the statutes is amended to read:
AB36-AA1,2,25 23104.02 Living-wage prescribed Living wage required. Every wage paid
24or agreed to be paid by any employer to any employee, except as otherwise provided
25in s. 104.07, shall be not less than a living-wage living wage.
AB36-AA1, s. 1g
1Section 1g. 104.03 of the statutes is amended to read:
AB36-AA1,3,4 2104.03 Unlawful wages. Any employer paying, offering to pay, or agreeing
3to pay any employee a wage lower or less in value than a living-wage living wage is
4guilty of a violation of ss. 104.01 to 104.12 this chapter.
AB36-AA1, s. 1gm 5Section 1gm. 104.035 of the statutes is created to read:
AB36-AA1,3,7 6104.035 Minimum wage. (1) Employees generally. (a) Minimum rates.
7Except as provided in subs. (2) to (8), the minimum wage is as follows:
AB36-AA1,3,88 1. For wages earned before October 1, 2005, $5.70 per hour.
AB36-AA1,3,99 2. For wages earned beginning on October 1, 2005, $6.50 per hour.
AB36-AA1,3,1310 (b) Allowances for meals and lodging. Except as provided in subs. (2) (b) and
11(4) (b), if an employer furnishes an employee with meals or lodging in accordance
12with rules promulgated by the department under s. 104.045 (2), the employer may
13deduct the following amounts from the wages of the employee:
AB36-AA1,3,1614 1. For lodging furnished before October 1, 2005, $45.60 per week or $6.50 per
15day and for meals furnished before October 1, 2005, $68.40 per week or $3.25 per
16meal.
AB36-AA1,3,1917 2. For lodging furnished beginning on October 1, 2005, $52 per week or $7.40
18per day and for meals furnished beginning on October 1, 2005, $78 per week or $3.70
19per meal.
AB36-AA1,3,22 20(2) Minor and opportunity employees. (a) Minimum rates. Except as provided
21in subs. (3) to (8), the minimum wage for a minor employee or an opportunity
22employee is as follows:
AB36-AA1,3,2323 1. For wages earned before October 1, 2005, $5.30 per hour.
AB36-AA1,3,2424 2. For wages earned beginning on October 1, 2005, $5.90 per hour.
AB36-AA1,4,4
1(b) Allowances for meals and lodging. Except as provided in sub. (4) (b), if an
2employer furnishes a minor employee or an opportunity employee with meals or
3lodging in accordance with rules promulgated by the department under s. 104.045
4(2), the employer may deduct the following amounts from the wages of the employee:
AB36-AA1,4,65 1. For lodging furnished before October 1, 2005, $42.40 per week or $6.05 per
6day and for meals furnished before October 1, 2005, $63.60 per week or $3 per meal.
AB36-AA1,4,97 2. For lodging furnished beginning on October 1, 2005, $47.20 per week or $6.75
8per day and for meals furnished beginning on October 1, 2005, $70.80 per week or
9$3.35 per meal.
AB36-AA1,4,15 10(3) Tipped employees. (a) Minimum rates. Except as provided in subs. (4) to
11(8), if an employer of a tipped employee establishes by the employer's payroll records
12that, when adding the tips received by the tipped employee in a week to the wages
13paid to the tipped employee in that week, the tipped employee receives not less than
14the applicable minimum wage specified in sub. (1) or (2), the minimum wage for the
15tipped employee is as follows:
AB36-AA1,4,1716 1. For wages earned by a tipped employee who is not an opportunity employee,
17$2.33 per hour.
AB36-AA1,4,1918 2. For wages earned by a tipped employee who is an opportunity employee,
19$2.13 per hour.
AB36-AA1,4,2320 (b) Allowances for meals and lodging. If an employer furnishes a tipped
21employee with meals or lodging in accordance with rules promulgated by the
22department under s. 104.045 (2), the employer may deduct the applicable amounts
23specified in subs. (1) (b) or (2) (b) from the wages of the tipped employee.
AB36-AA1,4,25 24(4) Agricultural employees. (a) Minimum rates. Except as provided in subs.
25(7) and (8), the minimum wage for an agricultural employee is as follows:
AB36-AA1,5,1
11. For wages earned by an adult agricultural employee, $5.15 per hour.
AB36-AA1,5,22 2. For wages earned by a minor agricultural employee, $4.25 per hour.
AB36-AA1,5,63 (b) Allowances for meals and lodging. If an employer furnishes an agricultural
4employee with meals or lodging in accordance with rules promulgated by the
5department under s. 104.045 (2), the employer may deduct the following amounts
6from the wages of the employee:
AB36-AA1,5,97 1. For lodging furnished to an adult agricultural employee, $41.20 per week or
8$5.90 per day and for meals furnished to an adult agricultural employee, $61.80 per
9week or $2.95 per meal.
AB36-AA1,5,1210 2. For lodging furnished to a minor agricultural employee, $34 per week or
11$4.85 per day and for meals furnished to a minor agricultural employee, $51 per week
12or $2.40 per meal.
AB36-AA1,5,15 13(5) Camp counselors. (a) Minimum rates for adult counselors. The minimum
14wage for a counselor at a seasonal recreational or educational camp, including a day
15camp, who is an adult is as follows:
AB36-AA1,5,1816 1. For wages earned before October 1, 2005, $215 per week if meals and lodging
17are not furnished, $164 per week if only meals are furnished, and $129 per week if
18both meals and lodging are furnished.
AB36-AA1,5,2119 2. For wages earned beginning on October 1, 2005, $270 per week if meals and
20lodging are not furnished, $217 per week if only meals are furnished, and $171 per
21week if both meals and lodging are furnished.
AB36-AA1,5,2422 3. For wages earned beginning on October 1, 2006, $315 per week if meals and
23lodging are not furnished, $240 per week if only meals are furnished, and $189 per
24week if both meals and lodging are furnished.
AB36-AA1,6,3
1(b) Minimum rates for minor counselors. The minimum wage for a counselor
2at a seasonal recreational or educational camp, including a day camp, who is a minor
3is as follows:
AB36-AA1,6,64 1. For wages earned before October 1, 2005, $175 per week if meals and lodging
5are not furnished, $133 per week if only meals are furnished, and $105 per week if
6both meals and lodging are furnished.
AB36-AA1,6,97 2. For wages earned beginning on October 1, 2005, $225 per week if meals and
8lodging are not furnished, $171 per week if only meals are furnished, and $135 per
9week if both meals and lodging are furnished.
AB36-AA1,6,1210 3. For wages earned beginning on October 1, 2006, $275 per week if meals and
11lodging are not furnished, $209 per week if only meals are furnished, and $165 per
12week if both meals and lodging are furnished.
AB36-AA1,6,13 13(6) Golf caddies. The minimum wage for a golf caddy is as follows:
AB36-AA1,6,1414 (a) For 18 holes, $10.50.
AB36-AA1,6,1515 (b) For 9 holes, $5.90.
AB36-AA1,6,17 16(7) Minimum wage established by department. The department shall
17promulgate rules providing the minimum wage for all of the following:
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