LRBb0836/1
MED&GMM:all
2015 - 2016 LEGISLATURE
SENATE AMENDMENT 46,
TO SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 21
July 7, 2015 - Offered by Senators
Wirch and Lassa.
SB21-SSA1-SA46,2,710
102.14
(2) The council on worker's compensation shall advise the department
11in carrying out the purposes of this chapter. Such council shall submit its
1recommendations with respect to amendments to this chapter to each regular
2session of the legislature and shall report its views upon any pending bill relating to
3this chapter to the proper legislative committee
as provided in sub. (3). At the
4request of the chairpersons of the senate and assembly committees on labor, the
5department shall schedule a meeting of the council with the members of the senate
6and assembly committees on labor to review and discuss matters of legislative
7concern arising under this chapter.
SB21-SSA1-SA46,2,159
102.14
(3) The council on worker's compensation shall review and report its
10views on any bill relating to this chapter to the proper legislative committee before
11any public hearing on the bill is held before any standing committee or, if no public
12hearing is held, before any vote is taken on the bill by any standing committee or, if
13the bill is not referred to a standing committee, before any vote is taken on the bill
14by either house of the legislature. The council shall submit its report by no later than
15the 30th day after the date of introduction of the bill.".
SB21-SSA1-SA46,3,2220
49.141
(1) (g) "Minimum wage" means the state minimum hourly wage under
21ch. 104 s. 104.035 (1) or the federal minimum hourly wage under
29 USC 206 (a) (1),
22whichever is applicable.
SB21-SSA1-SA46,2
1Section
2. 103.02 of the statutes is renumbered 103.02 (1) and amended to
2read:
SB21-SSA1-SA46,4,63
103.02
(1) No person may be employed or be permitted to work in any place of
4employment or at any employment for
such any period of time during any day, night
, 5or week
, as that is dangerous or prejudicial to the person's life, health, safety
, or
6welfare.
SB21-SSA1-SA46,4,19
7(2) The department shall investigate, ascertain, determine
, and fix such
8reasonable
classification, classifications, issue general or special orders, and
9promulgate rules fixing a period of time, or hours of beginning and ending work
10during any day, night
, or week,
which shall that may be necessary to protect the life,
11health, safety
, or welfare of any person
, or to carry out the purposes of ss. 103.01 to
12103.03. The department shall, by rule, classify such periods of time into periods to
13be paid for at regular rates and periods to be paid for at the rate of at least
one and
14one-half 1.5 times the regular rates. Such investigations, classifications
, rules, and
15orders shall be made as provided in s. 103.005
and the penalties under s. 103.005 (12)
16shall apply to and be imposed for any violation of ss. 103.01 to 103.03. Such orders
17shall be subject to review in the manner provided in ch. 227.
Section 111.322 (2m)
18applies to discharge or other discriminatory acts arising in connection with any
19proceeding under this section.
SB21-SSA1-SA46,4,2321
103.02
(3) The employment of any person in any employment or place of
22employment at any time other than the permissible hours of labor under this section
23shall be prima facie evidence of a violation of this section.
SB21-SSA1-SA46,5,2
1103.023 Hours of labor; exempt employees. (1) Definitions. In this
2section:
SB21-SSA1-SA46,5,53
(a) "Compensated on a salary basis" means to receive regularly each pay period
4a predetermined amount constituting all or part of the employee's compensation,
5which amount is not subject to reduction because of any of the following:
SB21-SSA1-SA46,5,66
1. Variations in the quality or quantity of the work performed.
SB21-SSA1-SA46,5,87
2. Absences from work occasioned by the employer or by the operating
8requirements of the employer's business.
SB21-SSA1-SA46,5,109
3. The fact that work is not available, so long as the employee is ready, willing,
10and able to work.
SB21-SSA1-SA46,5,1711
(b) "Employee employed in a bona fide administrative capacity" means an
12employee who is compensated on a salary basis at a rate of not less than the rate
13determined under sub. (3), exclusive of board, lodging, or other facilities, whose
14primary duty is the performance of office or nonmanual work directly related to the
15management or general business operations of the employer or of the employer's
16customers, and whose primary duty includes the exercise of discretion and
17independent judgment with respect to matters of significance.
SB21-SSA1-SA46,6,418
(c) "Employee employed in a bona fide executive capacity" means an employee
19who is compensated on a salary basis at a rate of not less than the rate determined
20under sub. (3), exclusive of board, lodging, or other facilities, whose primary duty is
21management of the enterprise in which he or she is employed or a department or
22subdivision of that enterprise, who customarily and regularly directs the work of two
23or more other employees, and who has the authority to hire and fire other employees
24or whose suggestions and recommendations as to the hiring, firing, advancement,
25promotion, or any other change in status of other employees are given particular
1weight. In this paragraph, "customarily and regularly directs" means to direct with
2a frequency that is greater than occasional, but not necessarily constant, including
3direction that is normally and recurrently performed every work week, but not
4including isolated or one-time direction.
SB21-SSA1-SA46,6,115
(d) "Employee employed in a bona fide professional capacity" means an
6employee who is compensated on a salary or fee basis at a rate of not less than the
7rate determined under sub. (3), exclusive of board, lodging, or other facilities and
8whose primary duty is the performance of work requiring knowledge of an advanced
9type in a field of science or learning customarily acquired by a prolonged course of
10specialized intellectual instruction or requiring invention, imagination, originality,
11or talent in a recognized field of artistic or creative endeavor.
SB21-SSA1-SA46,6,1312
(e) "Exempt employee" means an employee employed in a bona fide
13administrative, executive, or professional capacity.
SB21-SSA1-SA46,6,1714
(f) "Primary duty" means the principal, main, major, or most important duty
15that an employee performs as determined on the basis of all the factors in a particular
16case, with the major emphasis on the character of the employee's job as a whole,
17including all of the following factors:
SB21-SSA1-SA46,6,1918
1. The relative importance of the employee's duties as an exempt employee as
19compared to other types of duties.
SB21-SSA1-SA46,6,2120
2. The amount of time spent by the employee performing the duties of an
21exempt employee.
SB21-SSA1-SA46,6,2222
3. The employee's relative freedom from direct supervision.
