SB55-SSA1-SA2,381,2322
(c) An employee or worker with a disability covered under a license under s.
23104.07.
SB55-SSA1-SA2,381,2424
(d) A student learner.
SB55-SSA1-SA2,382,2
1(e) A student employed by an independent college or university for less than
220 hours per week.
SB55-SSA1-SA2,382,5
3(7) Employment exempted by department. The department shall promulgate
4rules exempting from the minimum wage requirements under subs. (2) to (5) all of
5the following:
SB55-SSA1-SA2,382,76
(a) A person engaged in casual employment in and around an employer's home
7on an irregular or intermittent basis for not more than 15 hours per week.
SB55-SSA1-SA2,382,118
(b) A person who resides with and who provides companionship and care, not
9including practical or professional nursing, as defined in s. 441.11 (3) and (4), and not
10more than 15 hours per week of general household work for an employer who, due
11to advanced age or physical or mental disability, cannot care for his or her own needs.
SB55-SSA1-SA2,382,1312
(c) An elementary or secondary school student performing student work-like
13activities in the student's school.
SB55-SSA1-SA2,382,15
14(8) Department may revise. The department may promulgate rules to increase
15a minimum wage provided under subs. (2) to (5).
SB55-SSA1-SA2,383,4
17104.04 Classifications; department's authority. The department shall
18investigate, ascertain, determine
, and fix such reasonable classifications, and shall
19impose general or special orders, determining the
living-wage living wage, and shall
20carry out the purposes of
ss. 104.01 to 104.12 this chapter. Such investigations,
21classifications
, and orders shall be made as provided under s. 103.005, and the
22penalties specified in s. 103.005 (12) shall apply to and be imposed for any violation
23of
ss. 104.01 to 104.12 this chapter. In determining the
living-wage living wage, the
24department may consider the effect that an increase in the
living-wage living wage 25might have on the economy of the state, including the effect of a
living-wage living
1wage increase on job creation, retention
, and expansion, on the availability of
2entry-level jobs
, and on regional economic conditions within the state. The
3department may not establish a different minimum wage for men and women. Said
4orders shall be subject to review in the manner provided in ch. 227.
SB55-SSA1-SA2,383,9
7104.045 Tipped employees Tips, meals, lodging, and hours worked. 8(intro.) The department shall
by rule determine what amount of promulgate rules
9governing all of the following:
SB55-SSA1-SA2,383,11
10(1) The counting of tips or similar gratuities
may be counted toward fulfillment
11of the employer's obligation under this chapter.
SB55-SSA1-SA2,383,1413
104.045
(2) The deduction of meals or lodging provided by an employer to an
14employee from the employer's obligations under this chapter.
SB55-SSA1-SA2,383,16
15(3) The determination of hours worked by an employee during which the
16employee is entitled to a living wage under this chapter.
SB55-SSA1-SA2,383,23
18104.05 Complaints; investigation. The department shall, within 20 days
19after the filing of a verified complaint of any person
setting forth alleging that the
20wages paid to any employee
in any occupation are not sufficient to enable the
21employee to maintain himself or herself under conditions consistent with his or her
22welfare, investigate and determine whether there is reasonable cause to believe that
23the wage paid to
any the employee is not a
living-wage living wage.
SB55-SSA1-SA2,384,9
1104.06 Wage council; determination. If, upon investigation, the
2department finds that there is reasonable cause to believe that the wages paid to any
3employee are not a
living-wage, it living wage, the department shall appoint a wage
4council, selected so as fairly to represent employers, employees
, and the public, to
5assist in its investigations and determinations. The
living-wage department may
6use the results of an investigation under this section to establish a living wage. A
7living wage so determined
upon shall be the
living-wage living wage for all
8employees within the same class as established by the
classification of the 9department
under s. 104.04.
SB55-SSA1-SA2,384,1711
104.07
(1) The department shall
make
promulgate rules and, except as
12provided under subs. (5) and (6), grant licenses, to any employer who employs any
13employee
who is unable to earn
the living-wage theretofore determined upon,
14permitting such person to a living wage so that the employee may work for a wage
15which shall be that is commensurate with
the employee's ability
and each
. Each 16license so granted shall establish a wage for the
licensee employees of the licensee
17who are unable to earn a living wage.
SB55-SSA1-SA2,384,2419
104.07
(2) The department shall
make
promulgate rules and, except as
20provided under subs. (5) and (6), grant licenses to sheltered workshops to permit the
21employment of workers with disabilities who are unable to earn
the living-wage at 22a living wage so that those workers may work for a wage that is commensurate with
23their ability and productivity. A license granted to a sheltered workshop under this
24section may be issued for the entire workshop or a department of the workshop.
SB55-SSA1-SA2,385,63
104.08
(2m) 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.
SB55-SSA1-SA2,385,108
104.08
(1m) (b) "Trade industry" means an industry involving physical labor
9and characterized by mechanical skill and training such as render a period of
10instruction reasonably necessary.
SB55-SSA1-SA2, s. 2560mu
11Section 2560mu. 104.08 (2) of the statutes is renumbered 104.08 (1m) (intro.)
12and amended to read:
SB55-SSA1-SA2,385,1413
104.08
(1m) (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:
SB55-SSA1-SA2,385,19
15(a) "Trade" means an
industry
occupation involving physical labor and
16characterized by mechanical skill and training such as render a period of instruction
17reasonably necessary.
The department shall investigate, determine and declare
18what occupations and industries are included within the phrase a "trade" or a "trade
19industry".
SB55-SSA1-SA2, s. 2560mv
20Section 2560mv. 104.08 (3) of the statutes is renumbered 104.08 (3) (b) and
21amended to read:
SB55-SSA1-SA2,385,2322
104.08
(3) (b) The department may make exceptions to the operation of subs.
23(1) and (2) (1m) and (2m) where conditions make their application unreasonable.
SB55-SSA1-SA2,386,2
1104.08
(3) (a) The department shall investigate, determine, and declare what
2occupations and industries are included within a trade or a trade industry.
SB55-SSA1-SA2,386,10
4104.10 Penalty for intimidating witness. Any employer who discharges or
5threatens to discharge, or
who in any way discriminates
, or threatens to
6discriminate
, against any employee because the employee has testified or is about
7to testify, or because the employer believes that the employee may testify, in any
8investigation or proceeding relative to the enforcement of
ss. 104.01 to 104.12, is
9guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of
10$25 this chapter may be fined $500 for each offense.
SB55-SSA1-SA2,386,15
12104.11 Definition of violation. Each day during which
any an employer
13shall employ employs a person for whom a
living-wage living wage has been
fixed 14established at a wage less than the
living-wage fixed established living wage shall
15constitute a separate and distinct violation of
ss. 104.01 to 104.12 this chapter.
SB55-SSA1-SA2,386,23
17104.12 Complaints. Any person may register with the department a
18complaint that the wages paid to employees for whom a
living-wage living wage has
19been established are less than that rate, and the department shall investigate the
20matter and take all proceedings necessary to enforce the payment of a wage not less
21than
the living-wage a living wage. Section 111.322 (2m) applies to discharge and
22other discriminatory acts arising in connection with any proceeding under this
23section.".
SB55-SSA1-SA2,387,92
106.01
(11m) The department may provide an advanced journeyman
3credential pilot program in up to 3 trades, crafts, or businesses to recognize advanced
4training and postapprenticeship achievements. In selecting the trades, crafts, or
5businesses to be included in the program, the department shall seek to maximize
6participation in the program of persons who are minority group members, as defined
7in s. 560.036 (1) (f). By July 1, 2004, the department shall submit to the legislature
8under s. 13.172 (2) an evaluation of the effectiveness of the program established
9under this subsection.
SB55-SSA1-SA2,387,2311
106.01
(12) From the appropriations under s. 20.445 (1) (a) and (g), the
12department shall allocate $150,000 in each fiscal year, beginning in fiscal year
132002-03, for apprenticeship marketing activities, including the development and
14distribution of promotional materials directed at encouraging employers to hire
15apprentices, educating high school career counselors on careers available in the
16skilled trades, encouraging the youth of this state to consider a career in the skilled
17trades, and otherwise promoting the availability and benefits of careers in the skilled
18trades. The department shall solicit contributions from private sources to assist in
19the provision of those promotional materials and shall credit any contributions
20received to the appropriation account under s. 20.445 (1) (g). The department shall
21seek the advice of and consult with the apprenticeship marketing council regarding
22the administration of the apprenticeship marketing activities provided under this
23subsection.
SB55-SSA1-SA2,388,8
1106.01
(13) (a) In this subsection, "industrial, service, or skilled trades
2apprenticeship program" means a 2-year to 5-year apprenticeship program, as
3determined and approved by the department, in which an apprentice receives
4instruction leading to qualification as a skilled journeyman in any industrial
5manufacturing trade or private sector service occupation or receives instruction in
6the construction trades leading to qualification as a skilled journeyman carpenter,
7including a floor coverer, millwright, or pile driver; laborer; ironworker; or painter,
8including a taper.
SB55-SSA1-SA2,388,239
(b) From the appropriation under s. 20.445 (1) (a), the department shall
10allocate $300,000 in each fiscal year, beginning in fiscal year 2002-03, to contract
11with an organization to provide preapprenticeship basic skills training grants of up
12to $500 to persons who are eligible under this paragraph to receive those grants. A
13person is eligible to receive a grant under this paragraph if the person's family
14income does not exceed 165% of the poverty line for the continental United States,
15as revised annually by the federal department of health and human services under
1642 USC 9902 (2), and if the person has previously failed a test for placement in an
17industrial, service, or skilled trades apprenticeship program, but wishes to
18participate in such a program. A person who receives a grant under this paragraph
19may use the grant moneys received to pay for the costs of tuition, fees, books,
20supplies, and materials, and for any other direct training costs, required to attend
21a preapprenticeship basic skills training program provided by an organization, a
22technical college, or a school approved by the educational approval board under s.
2345.54.".
SB55-SSA1-SA2,389,10
3106.175 Labor Day report. By September 1, 2001, and annually thereafter,
4the department shall prepare and submit to the appropriate standing committees of
5the legislature under s. 13. 172 (3) a report on the labor supply in this state. The
6report shall describe any critical labor shortage areas identified by the department
7by occupation, region, gender, and race and shall recommend potential solutions to
8those critical labor shortages. The department shall also provide the report to the
9local workforce development boards established under
29 USC 2832 throughout the
10state and to the other appropriate organizations as determined by the department.
SB55-SSA1-SA2,389,18
12106.18 Job skills training reports. The department shall collect
13information concerning the availability of basic job skills training programs in the
14state and periodically prepare reports identifying those programs for distribution to
15local workforce development boards established under
29 USC 2832, job centers, and
16other appropriate organizations as determined by the department. To the extent
17practicable, the reports shall identify available training programs by region of the
18state.".
SB55-SSA1-SA2,390,623
108.07
(8) (b) If a claimant is a prisoner of a state prison, as defined in s. 302.01,
24and has employment with an employer other than the department of corrections
or
1a private business leasing space within a state prison under s. 303.01 (2) (em), and
2the claimant's employment terminates because conditions of incarceration or
3supervision make it impossible to continue the employment, the department shall
4charge to the fund's balancing account any benefits based on the terminated
5employment that are otherwise chargeable to the account of an employer that is
6subject to the contribution requirements under ss. 108.17 and 108.18.".
SB55-SSA1-SA2,390,239
109.09
(2) (c)
A Except as provided in this paragraph, a lien under par. (a)
10takes precedence over all other debts, judgments, decrees, liens
, or mortgages
11against the employer, except a
lien of a financial institution, as defined in s. 69.30
12(1) (b), that originates before the lien under par. (a) takes effect or a lien under s.
13292.31 (8) (i) or 292.81
, regardless of whether those other debts, judgments, decrees,
14liens, or mortgages originate before or after the lien under par. (a) takes effect. A lien
15under par. (a) takes precedence over a lien of a financial institution, as defined in s.
1669.30 (1) (b), that originates before the lien under par. (a) takes effect only to the
17extent that the lien under par. (a) does not exceed $6,000 per employee, except that
18this $6,000 limit does not apply to a lien for a payment due under s. 109.07 (3) or
19109.075 (3). A lien under par. (a) may be enforced in the manner provided in ss.
20779.09 to 779.12, 779.20
, and 779.21, insofar as those provisions are applicable. The
21lien ceases to exist if the department of workforce development or the employee does
22not bring an action to enforce the lien within the period prescribed in s. 893.44 for
23the underlying wage claim.".
SB55-SSA1-SA2,391,52
110.07
(1) (a) 1. Enforce and assist in the administration of this chapter and
3chs. 166, 194, 218, 341 to 349
, and 351, and ss. 23.33, 125.07 (4) (b), 125.085 (3) (b),
4167.10 (3) (a), 167.31 (2) (b) to (d)
, and 287.81 and ch. 350 where applicable to
5highways, or orders or rules issued pursuant thereto.
SB55-SSA1-SA2,391,117
110.07
(1) (b) All municipal judges, judges, district attorneys
, and law
8enforcement officers shall assist in enforcing this chapter, ss.
167.10 (3) (a), 167.31
9(2) (b) to (d)
, and 287.81 and chs. 194, 218
, and 341 to 351, and orders or rules issued
10pursuant thereto and shall report to the department the disposition of every uniform
11traffic citation issued for cases involving those chapters.".
SB55-SSA1-SA2,391,2014
111.70
(1) (j) "Municipal employer" means any city, county, village, town,
15metropolitan sewerage district, school district,
or family care district
, the Milwaukee
16County child welfare district, or any other political subdivision of the state that
17engages the services of an employee and includes any person acting on behalf of a
18municipal employer within the scope of the person's authority, express or implied,
19but specifically does not include a local cultural arts district created under subch. V
20of ch. 229.".
SB55-SSA1-SA2,392,2023
111.70
(4) (cm) 8s. `Forms for determining costs
; calculation of the costs of
24certain fringe benefits.'
a. The commission shall prescribe forms for calculating the
1total increased cost to the municipal employer of compensation and fringe benefits
2provided to school district professional employees. The cost shall be determined
3based upon the total cost of compensation and fringe benefits provided to school
4district professional employees who are represented by a labor organization on the
590th day before expiration of any previous collective bargaining agreement between
6the parties, or who were so represented if the effective date is retroactive, or the 90th
7day prior to commencement of negotiations if there is no previous collective
8bargaining agreement between the parties, without regard to any change in the
9number, rank or qualifications of the school district professional employees. For
10purposes of such determinations, any cost increase that is incurred on any day other
11than the beginning of the 12-month period commencing with the effective date of the
12agreement or any succeeding 12-month period commencing on the anniversary of
13that effective date shall be calculated as if the cost increase were incurred as of the
14beginning of the 12-month period beginning on the effective date or anniversary of
15the effective date in which the cost increase is incurred. In each collective bargaining
16unit to which subd. 5s. applies, the municipal employer shall transmit to the
17commission and the labor organization a completed form for calculating the total
18increased cost to the municipal employer of compensation and fringe benefits
19provided to the school district professional employees covered by the agreement as
20soon as possible after the effective date of the agreement.
SB55-SSA1-SA2,393,222
111.70
(4) (cm) 8s. b. For the purpose of calculating fringe benefit costs under
23a qualified economic offer, the commission shall exclude from the calculation any
24increased costs in health insurance benefits that are in excess of the U.S. consumer
1price index for all urban consumers, U.S. city average, as determined by the U.S.
2department of labor, for the 12-month period ending on the preceding December 31.".
SB55-SSA1-SA2,393,115
111.70
(1) (j) "Municipal employer" means any city, county, village, town,
6metropolitan sewerage district, school district, family care district
, or any other
7political subdivision of the state
, or instrumentality of one or more political
8subdivisions of the state, that engages the services of an employee and includes any
9person acting on behalf of a municipal employer within the scope of the person's
10authority, express or implied, but specifically does not include a local cultural arts
11district created under subch. V of ch. 229.".
SB55-SSA1-SA2,393,1716
111.71
(5m) Notwithstanding, s. 15.02 (4), the commission may not designate
17an attorney assigned to the commission as the general counsel or chief counsel.".
SB55-SSA1-SA2,393,2120
111.91
(2) (n) The provision to employees of the health insurance coverage
21required under s. 632.895 (11) to
(14) (15).".