The bill authorizes DILHR to raise the minimum wages specified in this bill.
Also, the bill requires DILHR to promulgate rules concerning the counting of tips to
ward the minimum wage, the deduction from the minimum wage of meals and lodg
ing provided by the employer and the determination of hours worked during which
the employe is entitled to the minimum wage.
Finally, the bill authorizes DILHR to classify, by rule, certain employes as
executive, administrative or professional employes and to exempt employers of those
employes from the administrative rules that require overtime pay. The bill provides,
however, that if DILHR does so classify and exempt those employes, it may not classi
fy an employe as an executive or administrative employe unless that employe earns,
on a salary basis, not less than $1,000 per month, beginning on May 1, 1996, or on
the first day of the first month beginning after publication of the bill, whichever is
later; and it may not classify an employe as a professional employe unless that em
ploye earns, in salary or fees, not less than $1,075 per month, beginning on May 1,
1996, or on the first day of the first month beginning after publication of the bill,
whichever is later. After December 31, 1996, an employe must earn not less than
$1,125 per month to be classified as an executive or administrative employe and not
less than $1,200 per month to be classified as a professional employe.
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:
SB495, s. 1
1Section
1. 103.027 of the statutes is created to read:
SB495,3,6
2103.027 Hours of labor; executive, administrative and professional em
3ployes. (1) Subject to sub. (2), the department may, by rule, classify employes as
4executive, administrative or professional employes and exempt employers of those
5employes from the rules promulgated under s. 103.02 that require certain periods of
6work to be paid for at the rate of at least 1.5 times the employe's regular rate of pay.
SB495,4,4
7(2) If the department promulgates rules under sub. (1), the department may
8not classify an employe as an executive or administrative employe unless that em
9ploye is compensated for his or her services on a salary basis at a rate of not less than
10$1,000 per month, after the day before the effective date of this subsection .... [revisor
11inserts date], and before January 1, 1997, and not less than $1,125 per month after
12December 31, 1996. If the department promulgates rules under sub. (1), the depart
13ment may not classify an employe as a professional employe unless that employe is
1compensated for his or her services on a salary or fee basis at a rate of not less than
2$1,075 per month, after the day before the effective date of this subsection .... [revisor
3inserts date], and before January 1, 1997, and not less than $1,200 per month after
4December 31, 1996.
SB495, s. 2
5Section
2. 104.01 (intro.) of the statutes is amended to read:
SB495,4,7
6104.01 Definitions. (intro.)
The following terms as used in ss. 104.01 to
7104.12 shall be construed as follows In this chapter:
SB495, s. 3
8Section
3. 104.01 (5) of the statutes is amended to read:
SB495,4,129
104.01
(5) The term "living-wage" shall mean "Living wage" means compensa
10tion for labor paid, whether by time, piecework or otherwise, sufficient to enable the
11employe receiving it to maintain himself or herself under conditions consistent with
12his or her welfare.
SB495, s. 4
13Section
4. 104.01 (7m) of the statutes is created to read:
SB495,4,1614
104.01
(7m) "Tipped employe" means an employe who in the course of employ
15ment customarily and regularly receives money or other gratuities from persons oth
16er than the employe's employer.
SB495, s. 5
17Section
5. 104.01 (8) of the statutes is amended to read:
SB495,4,1918
104.01
(8) The term "wage" and the term "wages" shall each mean "Wage"
19means any compensation for labor measured by time, piece or otherwise.
SB495, s. 6
20Section
6. 104.02 of the statutes is amended to read:
SB495,4,23
21104.02 (title)
Living-wage prescribed Living wage required. Every wage
22paid or agreed to be paid by any employer to any employe, except as otherwise pro
23vided in s. 104.07, shall be not less than a
living-wage living wage.
SB495, s. 7
24Section
7. 104.03 of the statutes is amended to read:
SB495,5,3
1104.03 Unlawful wages. Any employer paying, offering to pay
, or agreeing
2to pay any employe a wage lower or less in value than a
living-wage living wage is
3guilty of a violation of
ss. 104.01 to 104.12 this chapter.
SB495, s. 8
4Section
8. 104.035 of the statutes is created to read:
SB495,5,7
5104.035 Minimum wage. (1) Employes generally. Except as provided in
6subs. (2) and (3) and s. 104.07, and subject to sub. (4), the minimum wage is whichev
7er of the following applies:
SB495,5,108
(a) For wages earned beginning on the effective date of this paragraph .... [revi
9sor inserts date], $4.75 per hour or the federal minimum hourly wage, whichever is
10greater.
SB495,5,1211
(b) For wages earned in 1997, $5.25 per hour or the federal minimum hourly
12wage, whichever is greater.
SB495,5,1713
(c) For wages earned after December 31, 1997, 50% of the national average
14hourly wage earned by nonsupervisory employes employed by private, nonagricul
15tural employers, as determined by the bureau of labor statistics in the federal depart
16ment of labor for November of the previous year, rounded to the nearest multiple of
175 cents or the federal minimum hourly wage, whichever is greater.
SB495,6,6
18(2) Tipped employes. Except as provided in sub. (3) and s. 104.07, and subject
19to this subsection and sub. (4), for wages earned beginning on the effective date of
20this subsection .... [revisor inserts date], the minimum wage for a tipped employe is
21$2.40 per hour or the federal minimum hourly wage, if any, for a tipped employe,
22whichever is greater; for wages earned in 1997 the minimum wage for a tipped em
23ploye is $2.65 per hour or the federal minimum hourly wage, if any, for a tipped em
24ploye, whichever is greater; and for wages earned after December 31, 1997, the mini
25mum wage for a tipped employe is 50% of the minimum wage determined under sub.
1(1) (c) rounded to the nearest multiple of 5 cents or the federal minimum hourly wage,
2if any, for a tipped employe, whichever is greater. An employer may pay the mini
3mum wage specified in this subsection only if the employer establishes by his or her
4payroll records that, when adding the tips received by an employe to the wages under
5this subsection paid to that employe, the employe receives not less than the applica
6ble minimum wage specified in sub. (1).
SB495,6,8
7(3) Minimum wage established by department. The department shall promul
8gate rules establishing the minimum wage for all of the following:
SB495,6,109
(a) A counselor employed at a seasonal recreational or educational camp, in
10cluding a day camp, for campers under the age of 18.
SB495,6,1211
(b) A person engaged in casual employment in and around an employer's home
12on an irregular or intermittent basis for not more than 15 hours per week.
SB495,6,1513
(c) A person who lives with someone who has a physical or mental disability and
14who provides companionship, general household work and care, not including practi
15cal or professional nursing as defined in s. 441.11 (3) and (4), for that disabled person.
SB495,6,1616
(d) A caddy on a golf course.
SB495,6,1717
(e) An employe or handicapped worker covered under a license under s. 104.07.
SB495,6,19
18(4) Department may revise. The department may promulgate rules to increase
19a minimum wage established under sub. (1) or (2).
SB495, s. 9
20Section
9. 104.04 of the statutes is amended to read:
SB495,7,7
21104.04 Classifications; department's authority. The department shall in
22vestigate, ascertain, determine and fix such reasonable classifications, and shall im
23pose general or special orders, determining the
living-wage living wage, and shall
24carry out the purposes of
ss. 104.01 to 104.12 this chapter. Such investigations, clas
25sifications and orders shall be made pursuant to the proceeding in ss. 101.01 to
1101.25, which are hereby made a part hereof, so far as not inconsistent with
ss.
2104.01 to 104.12 this chapter; and every order of the department shall have the same
3force and effect as the orders issued pursuant to said ss. 101.01 to 101.25, and the
4penalties therein shall apply to and be imposed for any violation of
ss. 104.01 to
5104.12 this chapter. The department may not establish a different minimum wage
6for men and women. Said orders shall be subject to review in the manner provided
7in ch. 227.
SB495, s. 10
8Section
10. 104.045 of the statutes is renumbered 104.045 (intro.) and
9amended to read:
SB495,7,12
10104.045 (title)
Tipped employes Tips, meals and lodging, and hours
11worked. (intro.) The department shall
by rule determine what amount of promul
12gate rules governing all of the following:
SB495,7,14
13(1) The counting of tips or similar gratuities
may be counted toward fulfillment
14of the employer's obligation under this chapter.
SB495, s. 11
15Section
11. 104.045 (2) and (3) of the statutes are created to read:
SB495,7,1716
104.045
(2) The deduction of meals or lodging provided by an employer to an
17employe from the employer's obligations under this chapter.
SB495,7,19
18(3) The determination of hours worked by an employe during which the em
19ploye is entitled to a living wage under this chapter.
SB495, s. 12
20Section
12. 104.05 of the statutes is amended to read:
SB495,8,2
21104.05 Complaints; investigation. The department shall, within 20 days
22after the filing of a verified complaint of any person
setting forth alleging that the
23wages paid to any employe
in any occupation are not sufficient to enable the employe
24to maintain himself or herself under conditions consistent with his or her welfare,
1investigate and determine whether there is reasonable cause to believe that the wage
2paid to
any the employe is not a
living-wage living wage.
SB495, s. 13
3Section
13. 104.06 of the statutes is amended to read:
SB495,8,11
4104.06 Wage council; determination. If, upon investigation, the depart
5ment finds that there is reasonable cause to believe that the wages paid to any em
6ploye are not a
living-wage living wage, it shall appoint a wage council, selected so
7as fairly to represent employers, employes and the public, to assist in its investiga
8tions and determinations. The
living-wage department may use the results of an
9investigation under this section to establish a living wage. A living wage so deter
10mined
upon shall be the
living-wage
living wage for all employes within the same
11class as established by the
classification of the department
under s. 104.04.
SB495, s. 14
12Section
14. 104.07 (1) and (2) of the statutes are amended to read:
SB495,8,1713
104.07
(1) The department shall
make
promulgate rules and grant licenses
, to
14any employer who employs any employe
who is unable to earn
the living-wage there
15tofore determined upon, permitting such person to a living wage so that the employe
16may work for a wage
which shall be that is commensurate with
the employe's ability
, 17and each license so granted shall establish a wage for the
licensee employe.
SB495,8,24
18(2) The department shall
make promulgate rules and grant licenses to
any 19sheltered
workshops to permit the employment of workshop that employs any handi
20capped
workers worker who is unable to earn
the living-wage theretofore deter
21mined upon permitting such persons to a living wage so that the handicapped worker
22may work for a wage
which shall be that is commensurate with his or her ability and
23productivity. A license granted to a sheltered workshop
, under this section
, may be
24issued for the entire workshop or a department thereof.
SB495, s. 15
1Section
15. 104.08 (1) of the statutes is renumbered 104.08 (2) and amended
2to read:
SB495,9,63
104.08
(2) All persons Any person working in
an occupation a trade industry 4for which a
living-wage living wage has been established for minors, and who
shall
5have has no trade, shall
, if employed in an occupation which is a trade industry, be
6indentured under
the provisions of s. 106.01.
SB495, s. 16
7Section
16. 104.08 (1) (b) of the statutes is created to read:
SB495,9,108
104.08
(1) (b) "Trade industry" means an industry involving physical labor and
9characterized by mechanical skill and training such as render a period of instruction
10reasonably necessary.
SB495, s. 17
11Section
17. 104.08 (2) of the statutes is renumbered 104.08 (1) (intro.) and
12amended to read:
SB495,9,1413
104.08
(1) (intro.)
A "trade" or a "trade industry" within the meaning of ss.
14104.01 to 104.12 shall be a trade or In this section:
SB495,9,17
15(a) "Trade" means an
industry
occupation involving physical labor and charac
16terized by mechanical skill and training such as render a period of instruction rea
17sonably necessary.
SB495,9,19
18(3) (a) The department shall investigate, determine and declare what occupa
19tions and industries are included within
the phrase a "trade" or a "trade industry".
SB495, s. 18
20Section
18. 104.08 (3) of the statutes is renumbered 104.08 (3) (b).
SB495, s. 19
21Section
19. 104.10 of the statutes is amended to read:
SB495,9,25
22104.10 Penalty for intimidating witness. Any employer who discharges or
23threatens to discharge, or in any way discriminates, or threatens to discriminate
24against any employe because the employe has testified or is about to testify, or be
25cause the employer believes that the employe may testify, in any investigation or pro
1ceeding relative to the enforcement of
ss. 104.01 to 104.12 this chapter, is guilty of
2a misdemeanor, and upon conviction thereof shall be punished by a fine of
$25 $500 3for each offense.
SB495, s. 20
4Section
20. 104.11 of the statutes is amended to read:
SB495,10,8
5104.11 Definition of violation. Each day during which
any an employer
6shall employ employs a person for whom a
living-wage living wage has been
fixed 7established at a wage less than the
living-wage fixed established living wage shall
8constitute a separate and distinct violation of
ss. 104.01 to 104.12 this chapter.
SB495, s. 21
9Section
21. 104.12 of the statutes is amended to read:
SB495,10,15
10104.12 Complaints. Any person may register with the department a com
11plaint that the wages paid to employes for whom a
living-wage living wage has been
12established are less than that rate, and the department shall investigate the matter
13and take all proceedings necessary to enforce the payment of a wage not less than
14the living-wage a living wage. Section 111.322 (2m) applies to discharge and other
15discriminatory acts arising in connection with any proceeding under this section.
SB495, s. 22
16Section
22. 800.09 (1) (b) of the statutes is amended to read:
SB495,11,517
800.09
(1) (b) If the defendant agrees to perform community service work in
18lieu of making restitution or paying the forfeiture, assessments and costs, or both,
19the court may order that the defendant perform community service work for a public
20agency or a nonprofit charitable organization that is designated by the court. Com
21munity service work may be in lieu of restitution only if also agreed to by the public
22agency or nonprofit charitable organization and by the person to whom restitution
23is owed. The court may utilize any available resources, including any community
24service work program, in ordering the defendant to perform community service work.
25The number of hours of community service work required may not exceed the number
1determined by dividing the amount owed on the forfeiture by the minimum wage es
2tablished under
ch. 104 for adults in nonagriculture, nontipped employment s.
3104.035 (1). The court shall ensure that the defendant is provided a written state
4ment of the terms of the community service order and that the community service
5order is monitored.
SB495, s. 23
6Section
23. 800.095 (4) (b) 3. of the statutes is amended to read:
SB495,11,197
800.095
(4) (b) 3. That the defendant perform community service work for a
8public agency or a nonprofit charitable organization designated by the court, except
9that the court may not order the defendant to perform community service work un
10less the defendant agrees to perform community service work and, if the community
11service work is in lieu of restitution, unless the person to whom the restitution is
12owed agrees. The court may utilize any available resources, including any communi
13ty service work program, in ordering the defendant to perform community service
14work. The number of hours of community service work required may not exceed the
15number determined by dividing the amount owed on the forfeiture or restitution, or
16both, by the minimum wage established under
ch. 104 for adults in nonagriculture,
17nontipped employment s. 104.035 (1). The court shall ensure that the defendant is
18provided a written statement of the terms of the community service order and that
19the community service order is monitored.
SB495,11,22
21(1)
This act takes effect on May 1, 1996, or on the first day of the first month
22beginning after publication, whichever is later.