February 25, 2015 - Offered by Senators Wirch, Shilling, Risser, Erpenbach,
Miller, Vinehout, Ringhand, Harris Dodd, C. Larson, L. Taylor, Carpenter,
Hansen and Lassa.
SB44-SA4,1,11 At the locations indicated, amend the bill as follows:
SB44-SA4,1,5 21. Page 1, line 5: after "to a labor organization" insert ", a state minimum wage,
3extending the time limit for emergency rule procedures, providing an exemption
4from emergency rule procedures, providing an exemption from rule-making
5procedures, requiring the exercise of rule-making authority,".
SB44-SA4,1,6 62. Page 1, line 7: before that line insert:
SB44-SA4,1,7 7" Section 1ag. 49.141 (1) (g) of the statutes is amended to read:
SB44-SA4,1,108 49.141 (1) (g) "Minimum wage" means the state minimum hourly wage under
9ch. 104 s. 104.035 (1) or the federal minimum hourly wage under 29 USC 206 (a) (1),
10whichever is applicable.
SB44-SA4,1am 11Section 1am. 103.06 (1) (b) 5. of the statutes is amended to read:
SB44-SA4,2,3
1103.06 (1) (b) 5. For purposes of maintaining records under sub. (3) (a) 4. as
2required under rules promulgated under s. 104.04 104.035, an employee, as defined
3in s. 104.01 (2).
SB44-SA4,1b 4Section 1b. 103.06 (1) (c) 5. of the statutes is amended to read:
SB44-SA4,2,75 103.06 (1) (c) 5. For purposes of maintaining records under sub. (3) (a) 4. as
6required under rules promulgated under s. 104.04 104.035, an employer, as defined
7in s. 104.01 (3).
SB44-SA4,1bm 8Section 1bm. 103.06 (3) (a) 4. of the statutes is amended to read:
SB44-SA4,2,139 103.06 (3) (a) 4. That the employer is maintaining records of the hours worked
10by its employees, the wages paid to those employees, any deductions from those
11wages, and any other information that the employer is required to keep under rules
12promulgated under s. 103.02 or 104.04 104.035, and is listing deductions from wages
13as required under s. 103.457.
SB44-SA4,1c 14Section 1c. 103.06 (4) (a) 1. of the statutes is amended to read:
SB44-SA4,2,2115 103.06 (4) (a) 1. Enter and inspect any place of business or place of employment
16and examine and copy any records that the employer is required to keep under rules
17promulgated under s. 103.02 or 104.04 104.035; any books, registers, payroll records,
18records of wage withholdings, records of work activity and hours of work, and records
19or indicia of the employment status of persons performing work for the employer; and
20any other records relating to compliance with the requirements specified in sub. (3)
21(a).
SB44-SA4,1cm 22Section 1cm. 103.67 (2) (fm) 3. of the statutes is amended to read:
SB44-SA4,2,2423 103.67 (2) (fm) 3. The minor is paid the applicable minimum wage under ch.
24104
s. 104.035 or under federal law, whichever is greater, for the work.
SB44-SA4,1d 25Section 1d. 103.70 (2) (b) 3. of the statutes is amended to read:
SB44-SA4,3,2
1103.70 (2) (b) 3. The minor is paid the applicable minimum wage under
2 ch. 104
s. 104.035 or under federal law, whichever is greater, for the work.
SB44-SA4,1dm 3Section 1dm. 104.001 (1) of the statutes is amended to read:
SB44-SA4,3,104 104.001 (1) The legislature finds that the provision of a living minimum wage
5that is uniform throughout the state is a matter of statewide concern and that the
6enactment of a living minimum wage ordinance by a city, village, town, or county
7would be logically inconsistent with, would defeat the purpose of, and would go
8against the spirit of this chapter. Therefore, this chapter shall be construed as an
9enactment of statewide concern for the purpose of providing a living minimum wage
10that is uniform throughout the state.
SB44-SA4,1e 11Section 1e. 104.001 (2) of the statutes is amended to read:
SB44-SA4,3,1412 104.001 (2) A city, village, town, or county may not enact and administer an
13ordinance establishing a living minimum wage. Any city, village, town, or county
14living minimum wage ordinance that is in effect on June 16, 2005, is void.
SB44-SA4,1em 15Section 1em. 104.01 (intro.) of the statutes is amended to read:
SB44-SA4,3,17 16104.01 Definitions. (intro.) The following terms as used in In this chapter
17shall be construed as follows:
SB44-SA4,1f 18Section 1f. 104.01 (1) of the statutes is renumbered 104.01 (1m).
SB44-SA4,1fm 19Section 1fm. 104.01 (1d) of the statutes is created to read:
SB44-SA4,3,2120 104.01 (1d) "Agricultural employee" means an employee who is employed in
21the operation of farm premises, as described in s. 102.04 (3).
SB44-SA4,1g 22Section 1g. 104.01 (1g) of the statutes is created to read:
SB44-SA4,4,223 104.01 (1g) "Consumer price index" means the average of the consumer price
24index over each 12-month period for all urban consumers, U.S. city average, all

1items, not seasonally adjusted, as determined by the bureau of labor statistics of the
2U.S. department of labor.
SB44-SA4,1gm 3Section 1gm. 104.01 (5) of the statutes is repealed.
SB44-SA4,1h 4Section 1h. 104.01 (5m) of the statutes is created to read:
SB44-SA4,4,65 104.01 (5m) "Opportunity employee" means a person under 20 years of age who
6is in the first 90 consecutive days of employment with his or her employer.
SB44-SA4,1hm 7Section 1hm. 104.01 (7m) of the statutes is created to read:
SB44-SA4,4,108 104.01 (7m) "Tipped employee" means an employee who in the course of
9employment customarily and regularly receives money or other gratuities from
10persons other than the employee's employer.
SB44-SA4,1i 11Section 1i. 104.01 (8) of the statutes is amended to read:
SB44-SA4,4,1312 104.01 (8) The term "wage" and the term "wages" shall each mean "Wage"
13means
any compensation for labor measured by time, piece, or otherwise.
SB44-SA4,1im 14Section 1im. 104.02 and 104.03 of the statutes are consolidated, renumbered
15104.02 and amended to read:
SB44-SA4,4,22 16104.02 Living Minimum wage prescribed: requirement to pay. Every
17wage paid or agreed to be paid by any employer to any employee, except as otherwise
18provided in s. 104.07, shall be not less than a living the applicable minimum wage
19established under s. 104.035. 104.03 Unlawful wages. Any employer paying,
20offering to pay, or agreeing to pay any employee a wage lower or less in value than
21 a living the applicable minimum wage established under s. 104.035 is guilty of a
22violation of this chapter.
SB44-SA4,1k 23Section 1k. 104.035 of the statutes is created to read:
SB44-SA4,4,25 24104.035 Minimum wage; established. (1) Employees generally. Except
25as provided in subs. (2) to (4), the minimum wage is as follows:
SB44-SA4,5,2
1(a) For wages earned before the first day of the 15th month beginning after
2publication .... [LRB inserts date], $8.20 per hour.
SB44-SA4,5,53 (b) For wages earned beginning on the first day of the 15th month beginning
4after publication .... [LRB inserts date], and ending on the last day of the 26th month
5beginning after publication .... [LRB inserts date], $9.15 per hour.
SB44-SA4,5,86 (c) For wages earned beginning on the first day of the 27th month beginning
7after publication .... [LRB inserts date], and ending on the last day of the 38th month
8beginning after publication .... [LRB inserts date], $10.10 per hour.
SB44-SA4,5,119 (d) For wages earned beginning on the first day of the 39th month beginning
10after publication .... [LRB inserts date], the amount determined by the department
11by rule promulgated under sub. (5).
SB44-SA4,5,17 12(2) Tipped employees. Except as provided in subs. (3) and (4), if an employer
13of a tipped employee establishes by the employer's payroll records that, when adding
14the tips received by the tipped employee in a week to the wages paid to the tipped
15employee in that week, the tipped employee receives not less than the applicable
16minimum wage specified in sub. (1), the minimum wage for the tipped employee is
17as follows:
SB44-SA4,5,1918 (a) For wages earned before the first day of the 15th month beginning after
19publication .... [LRB inserts date], $3 per hour.
SB44-SA4,5,2220 (b) For wages earned beginning on the first day of the 15th month beginning
21after publication .... [LRB inserts date], the amounts determined by the department
22by rule promulgated under sub. (5).
SB44-SA4,5,24 23(3) Minimum wage established by department. The department shall
24promulgate rules providing the minimum wage for all of the following:
SB44-SA4,5,2525 (a) Opportunity employees.
SB44-SA4,6,1
1(b) Agricultural employees.
SB44-SA4,6,22 (c) Camp counselors.
SB44-SA4,6,33 (d) Golf caddies.
SB44-SA4,6,54 (e) An employee or worker with a disability covered under a license under s.
5104.07.
SB44-SA4,6,66 (f) A student learner.
SB44-SA4,6,87 (g) A student employed by an independent college or university for less than
820 hours per week.
SB44-SA4,6,11 9(4) Employment exempted by department. The department shall promulgate
10rules exempting from the minimum wage requirements under subs. (1) to (3) all of
11the following:
SB44-SA4,6,1312 (a) A person engaged in casual employment in and around an employer's home
13on an irregular or intermittent basis for not more than 15 hours per week.
SB44-SA4,6,1714 (b) A person who resides in the home of an employer who, due to advanced age
15or physical or mental disability, cannot care for his or her own needs, for the purpose
16of companionship and who spends not more than 15 hours per week on general
17household work for the employer.
SB44-SA4,6,1918 (c) An elementary or secondary school student performing student work-like
19activities in the student's school.
SB44-SA4,7,4 20(5) Department to revise. (a) 1. Subject to par. (b), by the date specified in sub.
21(1) (d) or (2) (b), whichever is applicable, and annually thereafter, the department
22shall promulgate rules to revise the minimum wages established under subs. (1) and
23(2). Subject to subd. 2., the department shall determine those revised minimum
24wages by calculating the percentage difference between the consumer price index for
25the 12-month period ending on the last day of the last month for which that

1information is available and the consumer price index for the 12-month period
2ending on the last day of the month 12 months prior to that month, adjusting the
3minimum wages then in effect by that percentage difference, and rounding that
4result to the nearest multiple of 5 cents.
SB44-SA4,7,145 2. In revising the minimum wage for tipped employees under sub. (2), each year
6the department shall increase that minimum wage by 95 cents or by the amount that
7is necessary for that minimum wage to equal 70 percent of the minimum wage under
8sub. (1) as determined under subd. 1., rounded to the nearest multiple of 5 cents,
9whichever is less. For years subsequent to the first year in which the minimum wage
10under sub. (2) equals 70 percent of the minimum wage under sub. (1) as determined
11under subd. 1., the department shall revise the minimum wage under sub. (2) by the
12amount that is necessary for that minimum wage to remain equal to 70 percent of
13the minimum wage under sub. (1) as determined under subd. 1., rounded to the
14nearest multiple of 5 cents.
SB44-SA4,8,215 3. The department may use the emergency rule procedures under s. 227.24 to
16promulgate the rules required under subds. 1. and 2. Notwithstanding s. 227.24 (1)
17(a) and (3), the department may promulgate those rules as emergency rules without
18providing evidence that promulgating those rules as emergency rules is necessary
19to preserve the public peace, health, safety, or welfare and without a finding of
20emergency. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., the department is not
21required to prepare a statement of the scope of those rules or to submit those rules
22in final draft form to the governor for approval. A revised minimum wage
23determined under subd. 1. or 2. shall first apply to wages earned on the first day of
24the 3rd month beginning after the month of publication .... [LRB inserts date], of the

1year in which the wage is revised and, notwithstanding s. 227.24 (1) (c) and (2), shall
2remain in effect until that same date the following year.
SB44-SA4,8,63 (b) Paragraph (a) 1. does not apply if the consumer price index for the 12-month
4period ending on the last day of the last month for which that information is available
5has not increased over the consumer price index for the 12-month period ending on
6the last day of the month 12 months prior to that month.
SB44-SA4,8,7 7(6) Gender-specific minimum wage prohibited.
SB44-SA4,1km 8Section 1km. 104.04 (title) of the statutes is repealed.
SB44-SA4,1L 9Section 1L. 104.04 of the statutes is renumbered 104.035 (6) and amended to
10read:
SB44-SA4,8,2211 104.035 (6) The department shall investigate, ascertain, determine, and fix
12such reasonable classifications, and shall impose general or special orders,
13determining the living wage, and shall carry out the purposes of this chapter. Such
14investigations, classifications, and orders shall be made as provided under s.
15103.005, and the penalties specified in s. 103.005 (12) shall apply to and be imposed
16for any violation of this chapter. In determining the living wage, the department may
17consider the effect that an increase in the living wage might have on the economy of
18the state, including the effect of a living wage increase on job creation, retention, and
19expansion, on the availability of entry-level jobs, and on regional economic
20conditions within the state.
The department may not establish a different minimum
21wage for men and women. Said orders shall be subject to review in the manner
22provided in ch. 227.
SB44-SA4,1Lm 23Section 1Lm. 104.045 of the statutes is renumbered 104.045 (intro.) and
24amended to read:
SB44-SA4,9,3
1104.045 Tipped employees Tips, meals, lodging, and hours worked.
2(intro.) The department shall by rule determine what amount of promulgate rules
3governing all of the following:
SB44-SA4,9,5 4(1) The counting of tips or similar gratuities may be counted toward fulfillment
5of the employer's obligation under this chapter.
SB44-SA4,1m 6Section 1m. 104.045 (2) and (3) of the statutes are created to read:
SB44-SA4,9,87 104.045 (2) The deduction of meals or lodging provided by an employer to an
8employee from the employer's obligation under this chapter.
SB44-SA4,9,10 9(3) The determination of hours worked by an employee during which the
10employee is entitled to the minimum wage established under s. 104.035.
SB44-SA4,1mm 11Section 1mm. 104.05 of the statutes is repealed.
SB44-SA4,1n 12Section 1n. 104.06 of the statutes is repealed.
SB44-SA4,1nm 13Section 1nm. 104.07 (1) and (2) of the statutes are amended to read:
SB44-SA4,9,2014 104.07 (1) The department shall make promulgate rules, and, except as
15provided under subs. (5), (6), and (7), grant licenses a license to any employer who
16employs any employee who is unable to earn the living wage determined by the
17department, permitting the employee to work for a wage that
for whom the minimum
18wage established under s. 104.035
is not commensurate with the employee's ability.
19Each license so granted shall establish a wage for the licensee any such employees
20of the licensee
.
SB44-SA4,9,24 21(2) The department shall make promulgate rules, and, except as provided
22under subs. (5), (6), and (7), grant licenses a license to a sheltered workshops
23workshop, to permit the employment of workers with disabilities who are unable to
24earn the living wage
at a wage that is commensurate with their ability and

1productivity. A license granted to a sheltered workshop under this subsection may
2be issued for the entire workshop or a department of the workshop.
SB44-SA4,1o 3Section 1o. 104.08 (2m) of the statutes is amended to read:
SB44-SA4,10,64 104.08 (2m) Any person working in a trade industry for which a living
5minimum wage has been established for minors, and who has no trade, shall be
6employed under an apprentice contract under s. 106.01.
SB44-SA4,1om 7Section 1om. 104.10 of the statutes is amended to read:
SB44-SA4,10,14 8104.10 Penalty for intimidating witness. Any employer who discharges or
9threatens to discharge, or who in any way discriminates, or threatens to discriminate
10against, any employee because the employee has testified or is about to testify, or
11because the employer believes that the employee may testify, in any investigation or
12proceeding relative to the enforcement of this chapter, is guilty of a misdemeanor,
13and upon conviction thereof shall be punished by a fine of
may be fined $25 for each
14offense.
SB44-SA4,1p 15Section 1p. 104.11 of the statutes is repealed.
SB44-SA4,1pm 16Section 1pm. 104.12 of the statutes is amended to read:
SB44-SA4,10,23 17104.12 Complaints. Any person may register with the department a
18complaint that the wages paid to an employee for whom a living minimum wage has
19been established under s. 104.035 are less than that living minimum wage, and the
20department shall investigate the matter and take all proceedings necessary to
21enforce the payment of a that minimum wage that is not less than the living wage.
22Section 111.322 (2m) applies to discharge and other discriminatory acts arising in
23connection with any proceeding under this section.".
SB44-SA4,10,24 243. Page 5, line 5: after that line insert:
SB44-SA4,11,1
1" Section 11c. 234.94 (5) of the statutes is amended to read:
SB44-SA4,11,52 234.94 (5) "Primary employment" means work which that pays at least the
3minimum wage as established under ch. 104 s. 104.035 (1) or under federal law,
4whichever is greater,; offers adequate fringe benefits, including health insurance,;
5and is not seasonal or part time.
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