SB2,9,2524 104.035 (6) The department shall investigate, ascertain, determine, and fix
25such reasonable classifications, and shall impose general or special orders,

1determining the living wage, and shall carry out the purposes of this chapter. Such
2investigations, classifications, and orders shall be made as provided under s.
3103.005, and the penalties specified in s. 103.005 (12) shall apply to and be imposed
4for any violation of this chapter. In determining the living wage, the department may
5consider the effect that an increase in the living wage might have on the economy of
6the state, including the effect of a living wage increase on job creation, retention, and
7expansion, on the availability of entry-level jobs, and on regional economic
8conditions within the state.
The department may not establish a different minimum
9wage for men and women. Said orders shall be subject to review in the manner
10provided in ch. 227.
SB2,22 11Section 22. 104.045 of the statutes is renumbered 104.045 (intro.) and
12amended to read:
SB2,10,15 13104.045 Tipped employees Tips, meals, lodging, and hours worked.
14(intro.) The department shall by rule determine what amount of promulgate rules
15governing all of the following:
SB2,10,17 16(1) The counting of tips or similar gratuities may be counted toward fulfillment
17of the employer's obligation under this chapter.
SB2,23 18Section 23. 104.045 (2) and (3) of the statutes are created to read:
SB2,10,2019 104.045 (2) The deduction of meals or lodging provided by an employer to an
20employee from the employer's obligation under this chapter.
SB2,10,22 21(3) The determination of hours worked by an employee during which the
22employee is entitled to the minimum wage established under s. 104.035.
SB2,24 23Section 24. 104.05 of the statutes is repealed.
SB2,25 24Section 25. 104.06 of the statutes is repealed.
SB2,26 25Section 26. 104.07 (1) and (2) of the statutes are amended to read:
SB2,11,7
1104.07 (1) The department shall make promulgate rules, and, except as
2provided under subs. (5), (6), and (7), grant licenses a license to any employer who
3employs any employee who is unable to earn the living wage determined by the
4department, permitting the employee to work for a wage that
for whom the minimum
5wage established under s. 104.035
is not commensurate with the employee's ability.
6Each license so granted shall establish a wage for the licensee any such employees
7of the licensee
.
SB2,11,13 8(2) The department shall make promulgate rules, and, except as provided
9under subs. (5), (6), and (7), grant licenses a license to a sheltered workshops
10workshop, to permit the employment of workers with disabilities who are unable to
11earn the living wage
at a wage that is commensurate with their ability and
12productivity. A license granted to a sheltered workshop under this subsection may
13be issued for the entire workshop or a department of the workshop.
SB2,27 14Section 27. 104.08 (2m) of the statutes is amended to read:
SB2,11,1715 104.08 (2m) Any person working in a trade industry for which a living
16minimum wage has been established for minors, and who has no trade, shall be
17employed under an apprentice contract under s. 106.01.
SB2,28 18Section 28. 104.10 of the statutes is amended to read:
SB2,11,25 19104.10 Penalty for intimidating witness. Any employer who discharges or
20threatens to discharge, or who in any way discriminates , or threatens to discriminate
21against, any employee because the employee has testified or is about to testify, or
22because the employer believes that the employee may testify, in any investigation or
23proceeding relative to the enforcement of this chapter, is guilty of a misdemeanor,
24and upon conviction thereof shall be punished by a fine of
may be fined $25 for each
25offense.
SB2,29
1Section 29. 104.11 of the statutes is repealed.
SB2,30 2Section 30. 104.12 of the statutes is amended to read:
SB2,12,9 3104.12 Complaints. Any person may register with the department a
4complaint that the wages paid to an employee for whom a living minimum wage has
5been established under s. 104.035 are less than that living minimum wage, and the
6department shall investigate the matter and take all proceedings necessary to
7enforce the payment of a that minimum wage that is not less than the living wage.
8Section 111.322 (2m) applies to discharge and other discriminatory acts arising in
9connection with any proceeding under this section.
SB2,31 10Section 31. 234.94 (5) of the statutes is amended to read:
SB2,12,1411 234.94 (5) "Primary employment" means work which that pays at least the
12minimum wage as established under ch. 104 s. 104.035 (1) or under federal law,
13whichever is greater,; offers adequate fringe benefits, including health insurance,;
14and is not seasonal or part time.
SB2,32 15Section 32. 234.94 (8) of the statutes is amended to read:
SB2,12,2116 234.94 (8) "Target group" means a population group for which the
17unemployment level is at least 25% 25 percent higher than the statewide
18unemployment level, or a population group for which the average wage received is
19less than 1.2 times the minimum wage as established under ch. 104 s. 104.035 (1)
20or under federal law, whichever is greater. No population group is required to be
21located within a contiguous geographic area to be considered a target group.
SB2,33 22Section 33. 800.09 (1j) of the statutes is amended to read:
SB2,13,923 800.09 (1j) If the court orders the defendant to perform community service
24work in lieu of making restitution or of paying the forfeiture, surcharges, fees and
25costs, or both, the court may order that the defendant perform community service

1work for a public agency or a nonprofit charitable organization that is approved by
2the court and agreed to by the public agency or nonprofit charitable organization.
3Community service work may be in lieu of restitution only if also agreed to by the
4person to whom restitution is owed. The number of hours of community service work
5required may not exceed the number determined by dividing the amount owed on the
6forfeiture by the minimum wage established under ch. 104 for adults in
7nonagriculture, nontipped employment
s. 104.035 (1). The court shall ensure that
8the defendant is provided a written statement of the terms of the community service
9order and that the community service order is monitored.
SB2,34 10Section 34. 800.095 (1) (d) of the statutes is amended to read:
SB2,13,2111 800.095 (1) (d) That the defendant perform community service work for a
12public agency or nonprofit charitable organization approved by the court and agreed
13to by the agency or nonprofit charitable organization. If the community service work
14is in lieu of restitution, then the person to whom restitution is owed must agree; the
15defendant shall be given credit at the rate of not less than the minimum wage
16established under ch. 104 for adults in nonagriculture, nontipped employment s.
17104.035 (1)
for each one hour of community service completed. The defendant shall
18be given a written statement of the community service order. Nothing in this
19paragraph makes the defendant an employee or agent of the court or the
20municipality. The defendant shall be responsible for providing the court with proof
21that the community service hours have been completed.
SB2,35 22Section 35. 895.035 (2m) (c) of the statutes is amended to read:
SB2,14,1523 895.035 (2m) (c) The court assigned to exercise jurisdiction under chs. 48 and
24938 may order that the juvenile perform community service work for a public agency
25or nonprofit charitable organization that is designated by the court in lieu of making

1restitution or paying the forfeiture or surcharge. If the parent agrees to perform
2community service work in lieu of making restitution or paying the forfeiture or
3surcharge, the court may order that the parent perform community service work for
4a public agency or a nonprofit charitable organization that is designated by the court.
5Community service work may be in lieu of restitution only if also agreed to by the
6public agency or nonprofit charitable organization and by the person to whom
7restitution is owed. The court may utilize any available resources, including any
8community service work program, in ordering the juvenile or parent to perform
9community service work. The number of hours of community service work required
10may not exceed the number determined by dividing the amount owed on the
11restitution, forfeiture, or surcharge by the minimum wage established under
12 ch. 104 for adults in nonagriculture, nontipped employment
s. 104.035 (1). The court
13shall ensure that the juvenile or parent is provided with a written statement of the
14terms of the community service order and that the community service order is
15monitored.
SB2,36 16Section 36. Effective date.
SB2,14,1817 (1) Minimum wage. This act takes effect on the first day of the 3rd month
18beginning after publication.
SB2,14,1919 (End)
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