2013 - 2014 LEGISLATURE
January 31, 2013 - Introduced by Senators Wirch, Lehman, Carpenter, T. Cullen,
Erpenbach, Hansen, Harris, Jauch, Miller, Risser and Taylor, cosponsored
by Representatives Mason, Barnes, Ohnstad, Riemer, Goyke, Hesselbein,
Genrich, Johnson, Sargent, Wachs, Berceau, Clark, Hebl, Hulsey, Kessler,
Milroy, Pasch, Pope, Shankland, Sinicki, C. Taylor, Young and Zepnick.
Referred to Committee on Judiciary and Labor.
SB4,1,10 1An Act to repeal 104.001; to renumber 104.01 (1); to renumber and amend
2104.045; to amend 49.141 (1) (g), 103.67 (2) (fm) 3., 103.70 (2) (b) 3., 104.01
3(intro.), 104.01 (8), 104.05, 104.07 (1), 104.07 (2), 104.10, 104.11, 234.94 (5),
4234.94 (8), 800.09 (1j), 800.095 (1) (d) and 895.035 (2m) (c); and to create 104.01
5(1d), 104.01 (1g), 104.01 (5g), 104.01 (5m), 104.01 (7m), 104.035 and 104.045 (2)
6and (3) of the statutes; relating to: a state minimum wage, permitting the
7enactment of local living wage ordinances, extending the time limit for
8emergency rule procedures, providing an exemption from emergency rule
9procedures, providing an exemption from rule-making procedures, and
10requiring the exercise of rule-making authority.
Analysis by the Legislative Reference Bureau
Currently, the state minimum wage law requires that employers pay a living
wage to their employees. Under that law, the Department of Workforce Development
(DWD) has provided, by rule, minimum wages for various types of employees,
including employees, generally; minor employees; opportunity employees, which are
defined as employees under 20 years of age in their first 90 days of employment with

a particular employer; tipped employees; agricultural employees; camp counselors;
golf caddies; students employed at independent colleges and universities for less
than 20 hours per week; student learners employed in bona fide school training
programs; and individuals who are unable to earn the standard minimum wage
because of a disability. DWD has exempted, by rule, from the minimum wage law
employees who perform less than 15 hours per week of casual employment, such as
baby-sitting or lawn mowing, in and around an employer's home; employees who
provide companionship services to elderly or infirm individuals; and elementary and
secondary school students performing work-like activities in their schools. DWD
has also promulgated rules providing allowances against the minimum wage for
employers that provide meals or lodging for their employees.
Under this bill, DWD will continue to provide the exemptions listed above and
separate minimum wages for students employed at independent colleges and
universities for less than 20 hours per week, student learners employed in bona fide
school training programs, and individuals who are unable to earn the standard
minimum wages because of a disability. For other employees, however, the bill sets
the minimum wages as follows: - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF
The bill also increases the allowance against the minimum wage that an
employer who provides room and board for an employee may take, as follows: - See PDF for table PDF
Beginning on September 1, 2014, the bill requires DWD annually to promulgate
rules revising the minimum wages and allowances for meals and lodging established
under the bill by determining the percentage difference between the consumer price
index for the preceding year and the consumer price index for the current year,
adjusting the minimum wages and allowances in effect on August 31 of the current
year by that percentage difference, and rounding that result to the nearest multiple
of five cents or, in the case of a camp counselor, the nearest dollar. This requirement
does not apply, however, if the consumer price index for the current year has not
increased over the consumer price index for the preceding year.
Finally, current law prohibits a city, village, town, or county from enacting and
administering an ordinance establishing a living wage. This bill eliminates that
prohibition.
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:
SB4,1 1Section 1. 49.141 (1) (g) of the statutes is amended to read:
SB4,5,42 49.141 (1) (g) "Minimum wage" means the state minimum hourly wage under
3ch. 104 s. 104.035 (1) or the federal minimum hourly wage under 29 USC 206 (a) (1),
4whichever is applicable.
SB4,2 5Section 2. 103.67 (2) (fm) 3. of the statutes is amended to read:
SB4,6,2
1103.67 (2) (fm) 3. The minor is paid the applicable minimum wage under ch.
2104
s. 104.035 or under federal law, whichever is greater, for the work.
SB4,3 3Section 3. 103.70 (2) (b) 3. of the statutes is amended to read:
SB4,6,54 103.70 (2) (b) 3. The minor is paid the applicable minimum wage under ch. 104
5s. 104.035 or under federal law, whichever is greater, for the work.
SB4,4 6Section 4. 104.001 of the statutes is repealed.
SB4,5 7Section 5. 104.01 (intro.) of the statutes is amended to read:
SB4,6,9 8104.01 Definitions. (intro.) The following terms as used in In this chapter
9shall be construed as follows:
SB4,6 10Section 6. 104.01 (1) of the statutes is renumbered 104.01 (1m).
SB4,7 11Section 7. 104.01 (1d) of the statutes is created to read:
SB4,6,1312 104.01 (1d) "Agricultural employee" means an employee who is employed in
13farming, as defined in s. 102.04 (3).
SB4,8 14Section 8. 104.01 (1g) of the statutes is created to read:
SB4,6,1715 104.01 (1g) "Consumer price index" means the average of the consumer price
16index over each 12-month period for all urban consumers, U.S. city average, as
17determined by the bureau of labor statistics of the U.S. department of labor.
SB4,9 18Section 9. 104.01 (5g) of the statutes is created to read:
SB4,6,2019 104.01 (5g) "Minor employee" means a minor who is paid at the applicable
20minimum wage rate for minors.
SB4,10 21Section 10. 104.01 (5m) of the statutes is created to read:
SB4,6,2322 104.01 (5m) "Opportunity employee" means a person under 20 years of age who
23is in the first 90 consecutive days of employment with his or her employer.
SB4,11 24Section 11. 104.01 (7m) of the statutes is created to read:
SB4,7,3
1104.01 (7m) "Tipped employee" means an employee who in the course of
2employment customarily and regularly receives money or other gratuities from
3persons other than the employee's employer.
SB4,12 4Section 12. 104.01 (8) of the statutes is amended to read:
SB4,7,65 104.01 (8) The term "wage" and the term "wages" shall each mean "Wage"
6means
any compensation for labor measured by time, piece, or otherwise.
SB4,13 7Section 13. 104.035 of the statutes is created to read:
SB4,7,9 8104.035 Minimum wage. (1) Employees generally. (a) Minimum rates.
9Except as provided in subs. (2) to (8), the minimum wage is as follows:
SB4,7,1010 1. For wages earned before September 1, 2014, $7.60 per hour.
SB4,7,1211 2. For wages earned beginning on September 1, 2014, the amount determined
12by the department by rule promulgated under sub. (9) (a).
SB4,7,1613 (b) Allowances for meals and lodging. Except as provided in subs. (2) (b) and
14(4) (b), if an employer furnishes an employee with meals or lodging in accordance
15with rules promulgated by the department under s. 104.045 (2), the employer may
16deduct the following amounts from the wages of the employee:
SB4,7,1917 1. For lodging furnished before September 1, 2014, $61 per week or $8.65 per
18day and for meals furnished before September 1, 2014, $91 per week or $4.35 per
19meal.
SB4,7,2120 2. For meals and lodging furnished beginning on September 1, 2014, the
21amounts determined by the department by rule promulgated under sub. (9) (a).
SB4,7,23 22(2) Minor employees. (a) Minimum rates. Except as provided in subs. (2m)
23to (8), the minimum wage for a minor employee is as follows:
SB4,7,2424 1. For wages earned before September 1, 2014, $7.25 per hour.
SB4,8,2
12. For wages earned beginning on September 1, 2014, the amount determined
2by the department by rule promulgated under sub. (9) (a).
SB4,8,63 (b) Allowances for meals and lodging. Except as provided in sub. (4) (b), if an
4employer furnishes a minor employee or an opportunity employee with meals or
5lodging in accordance with rules promulgated by the department under s. 104.045
6(2), the employer may deduct the following amounts from the wages of the employee:
SB4,8,97 1. For lodging furnished before September 1, 2014, $58 per week or $8.30 per
8day and for meals furnished before September 1, 2014, $87 per week or $4.15 per
9meal.
SB4,8,1110 2. For meals and lodging furnished beginning on September 1, 2014, the
11amounts determined by the department by rule promulgated under sub. (9) (a).
SB4,8,13 12(2m) Opportunity employees. (a) Minimum rates. Except as provided in subs.
13(3) to (8), the minimum wage for an opportunity employee is as follows:
SB4,8,1414 1. For wages earned before September 1, 2014, $6.90 per hour.
SB4,8,1615 2. For wages earned beginning on September 1, 2014, the amount determined
16by the department by rule promulgated under sub. (9) (a).
SB4,8,2017 (b) Allowances for meals and lodging. Except as provided in sub. (4) (b), if an
18employer furnishes an opportunity employee with meals or lodging in accordance
19with rules promulgated by the department under s. 104.045 (2), the employer may
20deduct the following amounts from the wages of the employee:
SB4,8,2321 1. For lodging furnished before September 1, 2014, $55.20 per week or $7.90
22per day and for meals furnished before September 1, 2014, $82.85 per week or $3.90
23per meal.
SB4,8,2524 2. For meals and lodging furnished beginning on September 1, 2014, the
25amounts determined by the department by rule promulgated under sub. (9) (a).
SB4,9,6
1(3) Tipped employees. (a) Minimum rates. Except as provided in subs. (4) to
2(8), if an employer of a tipped employee establishes by the employer's payroll records
3that, when adding the tips received by the tipped employee in a week to the wages
4paid to the tipped employee in that week, the tipped employee receives not less than
5the applicable minimum wage specified in sub. (1), (2), or (2m), the minimum wage
6for the tipped employee is as follows:
SB4,9,87 1. For wages earned before September 1, 2014, by a tipped employee who is not
8an opportunity employee, $2.75 per hour.
SB4,9,109 2. For wages earned before September 1, 2014, by a tipped employee who is an
10opportunity employee, $2.50 per hour.
SB4,9,1211 3. For wages earned beginning on September 1, 2014, the amounts determined
12by the department by rule promulgated under sub. (9) (a).
SB4,9,1613 (b) Allowances for meals and lodging. If an employer furnishes a tipped
14employee with meals or lodging in accordance with rules promulgated by the
15department under s. 104.045 (2), the employer may deduct the applicable amounts
16specified in sub. (1) (b), (2) (b), or (2m) (b) from the wages of the tipped employee.
SB4,9,18 17(4) Agricultural employees. (a) Minimum rates. Except as provided in subs.
18(7) and (8), the minimum wage for an agricultural employee is as follows:
SB4,9,1919 1. For wages earned before September 1, 2014, $7.25 per hour.
SB4,9,2120 2. For wages earned beginning on September 1, 2014, the amounts determined
21by the department by rule promulgated under sub. (9) (a).
SB4,9,2522 (b) Allowances for meals and lodging. If an employer furnishes an agricultural
23employee with meals or lodging in accordance with rules promulgated by the
24department under s. 104.045 (2), the employer may deduct the following amounts
25from the wages of the employee:
SB4,10,3
11. For lodging furnished before September 1, 2014, $58 per week or $8.30 per
2day and for meals furnished before September 1, 2014, $87 per week or $4.15 per
3meal.
SB4,10,54 2. For meals and lodging furnished beginning on September 1, 2014, the
5amounts determined by the department by rule promulgated under sub. (9) (a).
SB4,10,7 6(5) Camp counselors. The minimum wage for a counselor at a seasonal
7recreational or educational camp, including a day camp, is as follows:
SB4,10,108 (a) For wages earned before September 1, 2014, $350 per week if meals and
9lodging are not furnished, $265 per week if only meals are furnished, and $210 per
10week if both meals and lodging are furnished.
SB4,10,1211 (b) For wages earned beginning on September 1, 2014, the amounts determined
12by the department by rule promulgated under sub. (9) (a).
SB4,10,13 13(6) Golf caddies. The minimum wage for a golf caddy is as follows:
SB4,10,1414 (a) For wages earned before September 1, 2014, $12.30 for caddying 18 holes.
SB4,10,1515 (b) For wages earned before September 1, 2014, $6.90 for caddying 9 holes.
SB4,10,1716 (c) For wages earned beginning on September 1, 2014, the amounts determined
17by the department by rule promulgated under sub. (9) (a).
SB4,10,19 18(7) Minimum wage established by department. The department shall
19promulgate rules providing the minimum wage for all of the following:
SB4,10,2120 (a) An employee or worker with a disability covered under a license under s.
21104.07.
SB4,10,2222 (b) A student learner.
SB4,10,2423 (c) A student employed by an independent college or university for less than
2420 hours per week.
SB4,11,3
1(8) Employment exempted by department. The department shall promulgate
2rules exempting from the minimum wage requirements under subs. (1) to (7) all of
3the following:
SB4,11,54 (a) A person engaged in casual employment in and around an employer's home
5on an irregular or intermittent basis for not more than 15 hours per week.
SB4,11,96 (b) A person who resides in the home of an employer who, due to advanced age
7or physical or mental disability, cannot care for his or her own needs, for the purpose
8of companionship and who spends not more than 15 hours per week on general
9household work for the employer.
SB4,11,1110 (c) An elementary or secondary school student performing student work-like
11activities in the student's school.
SB4,11,22 12(9) Department to revise. (a) 1. Subject to pars. (b) and (c), by September 1
13of each year, the department, using the procedures under s. 227.24, shall promulgate
14rules to revise the minimum wages and allowances for meals and lodging established
15under subs. (1) to (7). The department shall determine those revised minimum
16wages and allowances by calculating the percentage difference between the
17consumer price index for the 12-month period ending on May 31 of the preceding
18year and the consumer price index for the 12-month period ending on May 31 of the
19current year, adjusting the minimum wages and allowances in effect on August 31
20of the current year by that percentage difference, and rounding that result to the
21nearest multiple of 5 cents, except that, for a minimum wage under sub. (5), the
22department shall round the result to the nearest dollar.
SB4,12,823 2. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department may
24promulgate an emergency rule under s. 227.24 revising the minimum wages and
25allowances established under subs. (1) to (7) without providing evidence that the

1emergency rule is necessary to preserve the public peace, health, safety, or welfare
2and without a finding of emergency. Notwithstanding s. 227.24 (1) (e) 1d., if the
3governor does not disapprove the statement of the scope of the rules under this
4paragraph by the 7th day after the department presents the rules to the governor,
5the statement is considered approved by the governor. Notwithstanding s. 227.24 (1)
6(e) 1g., if the governor does not reject the rules under this paragraph by the 14th day
7after the rules are submitted to the governor in final draft form, the rules are
8considered to be approved by the governor.
SB4,12,119 3. A revised minimum wage or allowance determined under this paragraph
10shall first apply to wages earned or meals or lodging furnished on September 1 of the
11year in which the wage or allowance is revised.
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