AB524: Bill Text

LRB-0133/1

GMM:skg:km

1995 - 1996 LEGISLATURE

1995 Assembly BILL 524

August 28, 1995 - Introduced by Representatives Bell, Bock, L. Young, Baldwin, Gronemus, Boyle, Wirch and Morris-Tatum, cosponsored by Senators Burke and Chvala. Referred to Committee on Labor and Employment.

AB524,1,5 An Act to repeal 103.68 (3) and 103.935 (2) and (3); to renumber and amend 103.02, 103.03 and 103.935 (1); to amend 103.01 (intro.), 103.74 (2), 103.82 (1) (b), 109.09 (1) and 111.322 (2m) (a) and (b); and to create 103.02 (3), 103.023, 103.03 (3), 103.685 and 103.937 of the statutes; relating to: rest and meal periods for employes.

Analysis by the Legislative Reference Bureau

Under current law, employes engaged in certain types of employment (generally at factories or mercantile establishments) may not work or be permitted to work for periods that are dangerous to their health. Current law also specifically requires that an employe under the age of 18 receive a meal break if the employe works 6 or more consecutive hours. Further, a migrant worker may not be required to work more than 6 consecutive hours without a meal break under current law, unless the work will be completed in less than 7 hours. Migrant workers who are not engaged exclusively in agricultural labor are also entitled to a paid 10-minute rest break for each 5 hours of employment.

Under this bill, all employers, including state and local governmental units, must provide employes, including migrant workers and minors, with at least a paid 15-minute rest period for each 4 hours worked in an 8-hour period and an unpaid meal period for 6 or more consecutive hours of work, unless the employe is covered by a collective bargaining agreement that addresses the issue of rest periods and meal periods; the employe with the permission of his or her employer works a shorter workday in lieu of a rest period or a meal period required under the bill; the employe provides health care services, maintenance services or personal care services for an ambulance service provider, a health care facility or a health care provider and is involved in an emergency situation; or the department of industry, labor and human relations grants an employer a waiver of the rest period and meal period requirement based on a determination that providing a classification of employes a rest period or a meal period as required by the bill would cause a demonstrable decrease in the efficiency of employer's operations.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB524, s. 1 Section 1. 103.01 (intro.) of the statutes is amended to read:

AB524,2,3 103.01 Hours of labor; definitions. (intro.) In ss. 103.01 to 103.03 this section and s. 103.02:

AB524, s. 2 Section 2. 103.02 of the statutes is renumbered 103.02 (1) and amended to read:

AB524,2,8 103.02 (1) No person may be employed or be permitted to work in any place of employment or at any employment for such period of time during any day, night or week, as is dangerous or prejudicial to the person's life, health, safety or welfare. The

AB524,3,3 (2) Subject to s. 103.023, the department shall investigate, ascertain, determine and fix such reasonable classification, and promulgate rules fixing a period of time, or hours of beginning and ending work during any day, night or week, which shall be necessary to protect the life, health, safety or welfare of any person, or to carry out the purposes of ss. 103.01 to 103.03 this section. The department shall, by rule, classify such periods of time into periods to be paid for at regular rates and periods to be paid for at the rate of at least one and one-half times the regular rates. Such investigations, classifications and orders shall be made pursuant to the proceeding in ss. 101.01 to 101.25 which are hereby made a part hereof, so far as not inconsistent with ss. 103.01 to 103.03 this section, and every order of the department shall have the same force and effect as the orders issued under ss. 101.01 to 101.25 and the penalties therein shall apply to and be imposed for any violation of ss. 103.01 to 103.03. Such orders shall be subject to review in the manner provided in ch. 227. Section 111.322 (2m) applies to discharge or other discriminatory acts arising in connection with any proceeding under this section.

AB524, s. 3 Section 3. 103.02 (3) of the statutes is created to read:

AB524,3,7 103.02 (3) The employment of any person in any employment or place of employment at any time other than the permissible hours of labor under this section is prima facie evidence of a violation of this section.

AB524, s. 4 Section 4. 103.023 of the statutes is created to read:

AB524,3,14 103.023 Rest and meal periods. (1) In this section, "employer" means a person engaging in any activity, enterprise or business in this state employing at least one individual. "Employer" includes the state and any office, department, independent agency, authority, institution, association, society or other body in state or local government created or authorized to be created by the constitution or any law, including the legislature and the courts.

AB524,3,16 (2) Except as provided in sub. (5), an employer shall provide at least all of the following:

AB524,3,18 (a) A 15-minute rest period to an employe for each 4 hours of work, not including meal periods under par. (b), within an 8-hour period.

AB524,3,20 (b) A 30-minute meal period, in addition to any rest period under par. (a), to an employe who works 6 or more consecutive hours, including rest periods.

AB524,3,23 (3) An employer shall provide compensation to an employe on a rest period under sub. (2) (a) at the applicable rate of pay for the employe when the rest period occurs.

AB524,4,3 (4) The department shall determine whether rest periods and meal periods required under sub. (2) are counted in the hours of labor established by the department under ss. 66.293 (3), 103.49 and 103.50.

AB524,4,4 (5) Subsections (2) and (3) do not apply to any of the following:

AB524,4,6 (a) An employe covered under a collective bargaining agreement if the collective bargaining agreement addresses the issue of rest periods and meal periods.

AB524,4,8 (b) A minor employe whose rest periods or meal periods are regulated under s. 103.685.

AB524,4,10 (c) A migrant worker whose rest periods or meal periods are regulated under s. 103.937.

AB524,4,14 (d) An employe who works a shorter workday because the employe's employer, upon request of the employe or the collective bargaining representative of the employe, permits the employe to work a shorter workday in lieu of a rest period required under sub. (2) (a) or a meal period required under sub. (2) (b).

AB524,4,16 (e) An employe in a job classification for which the department grants a waiver under sub. (6).

AB524,4,24 (f) In cases of emergency, an employe of an ambulance service provider, as defined in s. 146.50 (1) (c), a health care facility, as defined in s. 155.01 (6), or a health care provider, as defined in s. 155.01 (7), who provides health care, as defined in s. 155.01 (3), services, maintenance services, as defined in s. 647.01 (5), or personal care services, as defined in s. 647.01 (8). In this paragraph, "emergency" means a sudden and unexpected situation that could not reasonably have been anticipated or prevented in which a person is in imminent danger of death or serious physical or mental injury unless immediate action is taken.

AB524,5,6 (6) The department may grant an employer a waiver exempting employes in a job classification from the requirements under subs. (2) and (3) if the department determines that providing a rest period or a meal period to employes in that classification would cause a demonstrable decrease in the efficiency of the employer's operations. The determination of the department shall be subject to review in the manner provided in ch. 227.

AB524, s. 5 Section 5. 103.03 of the statutes is renumbered 103.03 (1) and amended to read:

AB524,5,12 103.03 (1) The employment of any person in any employment or place of employment at any time other than the permissible hours of labor shall be prima facie evidence of a violation of this section. An employer who violates s. 103.02 or 103.023 is subject to the penalties imposed under s. 101.02 (13).

AB524,5,16 (2) Every day for each person employed, and every week for each person employed, during which any employer fails to observe or to comply with any order of the department, or to perform any duty enjoined by ss. 103.01 to 103.03 required by s. 103.02 or 103.023, shall constitute a separate offense.

AB524, s. 6 Section 6. 103.03 (3) of the statutes is created to read:

AB524,5,19 103.03 (3) Section 111.322 (2m) applies to discharge or other discriminatory acts arising in connection with any proceedings under s. 103.02 or 103.023.

AB524, s. 7 Section 7. 103.68 (3) of the statutes is repealed.

AB524, s. 8 Section 8. 103.685 of the statutes is created to read:

AB524,5,23 103.685 Rest and meal periods; minors. (1) An employer of a minor shall provide at least all of the following:

AB524,5,25 (a) A 15-minute rest period to the minor for each 4 hours of work, not including meal periods under par. (b), within an 8-hour period.

AB524,6,2 (b) A 30-minute meal period, in addition to any rest period under par. (a), to the minor if the minor works 6 or more consecutive hours, including rest periods.

AB524,6,5 (2) An employer shall provide compensation to a minor employe on a rest period under sub. (1) (a) at the applicable rate of pay for the minor employe when the rest period occurs.

AB524,6,8 (3) A meal period under sub. (1) (b) shall commence reasonably close to 6 a.m., 12 noon, 6 p.m. or 12 midnight or approximately midway of any work period or at such other times as may be considered reasonable by the department.

AB524, s. 9 Section 9. 103.74 (2) of the statutes is amended to read:

AB524,6,12 103.74 (2) Keep a record for each employed minor of the minor's name, address, date of birth, the time of beginning and ending work and the each day, time for meals and rest periods each day and the total hours worked each day and each week.

AB524, s. 10 Section 10. 103.82 (1) (b) of the statutes is amended to read: