SB359: Bill Text

SB359, s. 5 Section 5. 103.01 (3) of the statutes is renumbered 103.02 (1) (c).

SB359, s. 6 Section 6. 103.02 of the statutes is renumbered 103.02 (2) and amended to read:

SB359,2,12 103.02 (2) 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

SB359,3,12 (3) Subject to s. 103.021, 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 1.5 times the regular rates. Such investigations, classifications, and orders shall be made as provided in s. 103.005 and the penalties under s. 103.005 (12) 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.

SB359, s. 7 Section 7. 103.02 (4) of the statutes is created to read:

SB359,3,16 103.02 (4) 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.

SB359, s. 8 Section 8. 103.021 of the statutes is created to read:

SB359,3,18 103.021 Rest and meal periods. (1) In this section:

SB359,3,23 (a) "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.

SB359,4,8 (b) "Health care facility" means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health complex, assisted living facility, residential care apartment complex, rural medical center, hospice, treatment facility, or other place licensed, certified, or approved by the department of health and family services under s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.034, 50.35, 50.52, 50.90, 51.04, 51.08, or 51.09, an adult family home licensed or certified by the department of health and family services or a county department of human services or social services under s. 50.032 or 50.033, or a facility under s. 45.365, 51.05, 51.06, or 252.10 or under ch. 233.

SB359,4,10 (2) Except as provided in sub. (5), an employer shall provide its employees with all of the following:

SB359,4,12 (a) A rest period of not less than 15 minutes for each 4 hours of work, not including meal periods under par. (b), within an 8-hour period.

SB359,4,14 (b) A meal period of not less than 30 minutes, in addition to any rest period under par. (a), for each 6 or more consecutive hours of work, including rest periods.

SB359,4,17 (3) An employer shall provide compensation to an employee who is on a rest period under sub. (2) (a) at the applicable rate of pay for the employee when the rest period occurs.

SB359,4,20 (4) The department shall determine whether the rest periods and meal periods required under sub. (2) are counted as hours worked for purposes of ss. 66.0903, 103.49, and 103.50.

SB359,4,21 (5) Subsections (2) and (3) do not apply to any of the following:

SB359,4,23 (a) An employee who is covered under a collective bargaining agreement that addresses the issues of rest periods and meal periods.

SB359,4,25 (b) A minor employee whose rest periods or meal periods are regulated under s. 103.685.

SB359,5,2 (c) A migrant worker whose rest periods or meal periods are regulated under s. 103.937.

SB359,5,6 (d) An employee who, upon request of the employee or the collective bargaining representative of the employee, is permitted by his or her employer to work a shorter workday in lieu of taking a rest period required under sub. (2) (a) or a meal period required under sub. (2) (b).

SB359,5,8 (e) An employee who is in a job classification for which the department has granted a waiver under sub. (6).

SB359,5,15 (f) In cases of emergency, an employee of an ambulance service provider, as defined in s. 146.50 (1) (c), or a health care facility 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.

SB359,5,21 (6) The department may grant an employer a waiver exempting employees 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 employees 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.

SB359, s. 9 Section 9. 103.024 (3) of the statutes is created to read:

SB359,5,24 103.024 (3) Section 111.322 (2m) applies to discharge or other discriminatory acts arising in connection with any proceedings under s. 103.02 or 103.021.

SB359, s. 10 Section 10. 103.025 (2) of the statutes is amended to read:

SB359,6,3 103.025 (2) An employer described in s. 103.01 (1) (b) 103.02 (1) (a) 2. may provide an employee, in lieu of overtime compensation, compensatory time off as permitted under 29 USC 207 (o), as amended to April 15, 1986.

SB359, s. 11 Section 11. 103.03 of the statutes is renumbered 103.024 (1) and amended to read:

SB359,6,9 103.024 (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 that violates s. 103.02 or 103.021 is subject to the penalties imposed under s. 103.005 (12).

SB359,6,13 (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 under s. 103.02 or 103.021, shall constitute a separate offense.

SB359, s. 12 Section 12. 103.66 (2) of the statutes is amended to read:

SB359,6,21 103.66 (2) The Subject to s. 103.685, the department may investigate and fix reasonable classifications of employments and hours of employment for minors and may issue general or special orders fixing maximum hours of employment for minors per day and per week, maximum days of employment per week, hours at which employment shall begin and end, and the duration of lunch and other rest periods and meal periods as are necessary to protect the life, health, safety, and welfare of minors.

SB359, s. 13 Section 13. 103.68 (3) of the statutes is repealed.

SB359, s. 14 Section 14. 103.685 of the statutes is created to read:

SB359,6,25 103.685 Rest and meal periods; minors. (1) An employer of a minor shall provide the minor with all of the following:

SB359,7,2 (a) A rest period of not less than 15 minutes for each 4 hours of work, not including meal periods under par. (b), within an 8-hour period.

SB359,7,4 (b) A meal period of not less than 30 minutes, in addition to any rest period under par. (a), for each 6 or more consecutive hours of work, including rest periods.

SB359,7,7 (2) An employer shall provide compensation to a minor employee who is on a rest period under sub. (1) (a) at the applicable rate of pay for the minor employee when the rest period occurs.

SB359,7,10 (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.

SB359,7,13 (4) Subsections (1) to (3) do not apply to a minor employee who is covered by a collective bargaining agreement that addresses the issues of rest periods and meal periods.

SB359, s. 15 Section 15. 103.74 (2) of the statutes is amended to read:

SB359,7,17 103.74 (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.

SB359, s. 16 Section 16. 103.82 (1) (b) of the statutes is amended to read:

SB359,7,23 103.82 (1) (b) In addition to the penalties provided in par. (a), any employer who employs any minor in violation of s. 103.68 or 103.685, or rules of the department shall be liable, in addition to the wages paid, to pay to each minor affected, an amount equal to twice the regular rate of pay as liquidated damages, for all hours worked in violation per day or per week, whichever is greater.

SB359, s. 17 Section 17. 103.935 (1) (intro.) of the statutes is renumbered 103.935 (intro.).

SB359, s. 18 Section 18. 103.935 (1) (a) of the statutes is renumbered 103.935 (1m).

SB359, s. 19 Section 19. 103.935 (1) (b) of the statutes is renumbered 103.935 (2m).

SB359, s. 20 Section 20. 103.935 (1) (c) of the statutes is renumbered 103.935 (3m) and amended to read:

SB359,8,5 103.935 (3m) Nothing in this section shall prohibit a migrant worker from voluntarily exceeding the limits prescribed by pars. (a) and (b) subs. (1m) and (2m).

SB359, s. 21 Section 21. 103.935 (2) and (3) of the statutes are repealed.

SB359, s. 22 Section 22. 103.937 of the statutes is created to read:

SB359,8,9 103.937 Rest and meal periods; migrant workers. (1) An employer of a migrant worker shall provide the migrant worker with all of the following:

SB359,8,11 (a) A rest period of not less than 15 minutes for each 4 hours of work, not including meal periods under par. (b), within an 8-hour period.

SB359,8,13 (b) A meal period of not less than 30 minutes, in addition to any rest period under par. (a), for each 6 or more consecutive hours of work, including rest periods.

SB359,8,16 (2) An employer shall provide compensation to a migrant worker who is on a rest period under sub. (1) (a) at the applicable rate of pay for the migrant worker when the rest period occurs.

SB359,8,17 (3) Subsections (1) and (2) do not apply to any of the following:

SB359,8,19 (a) A migrant worker who is covered under a collective bargaining agreement that addresses the issues of rest periods and meal periods.

SB359,8,21 (b) A minor migrant worker whose rest periods or meal periods are regulated under s. 103.685.

SB359,8,25 (c) A migrant worker who, upon request of the migrant worker or the collective bargaining representative of the migrant worker, is permitted by his or her employer to work a shorter workday in lieu of taking a rest period required under sub. (1) (a) or a meal period required under sub. (1) (b).

SB359,9,2 (d) A migrant worker who is in a job classification for which the department has granted a waiver under sub. (4).

SB359,9,8 (4) The department may grant a waiver exempting migrant workers in a job classification from the requirements under subs. (1) and (2) if the department determines that providing a rest period or a meal period to migrant workers 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.

SB359, s. 23 Section 23. 109.09 (1) of the statutes is amended to read:

SB359,9,25 109.09 (1) The department shall investigate and attempt equitably to adjust controversies between employers and employees as to alleged wage claims. The department may receive and investigate any wage claim which is filed with the department, or received by the department under s. 109.10 (4), no later than 2 years after the date the wages are due. The department may, after receiving a wage claim, investigate any wages due from the employer against whom the claim is filed to any employee during the period commencing 2 years before the date the claim is filed. The department shall enforce this chapter and ss. 66.0903, 103.02, 103.021, 103.49, 103.82, 104.12, and 229.8275. In pursuance of this duty, the department may sue the employer on behalf of the employee to collect any wage claim or wage deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions under s. 109.10, the department may refer such an action to the district attorney of the county in which the violation occurs for prosecution and collection and the district attorney shall commence an action in the circuit court having appropriate jurisdiction. Any number of wage claims or wage deficiencies against the same employer may be joined in a single proceeding, but the court may order separate trials or hearings. In actions that are referred to a district attorney under this subsection, any taxable costs recovered by the district attorney shall be paid into the general fund of the county in which the violation occurs and used by that county to meet its financial responsibility under s. 978.13 (2) for the operation of the office of the district attorney who prosecuted the action.

SB359, s. 24 Section 24. 111.322 (2m) (a) of the statutes is amended to read:

SB359,10,10 111.322 (2m) (a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.021, 103.10, 103.13, 103.28, 103.32, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, or 146.997 or ss. 101.58 to 101.599 or 103.64 to 103.82.

SB359, s. 25 Section 25. 111.322 (2m) (b) of the statutes is amended to read:

SB359,10,15 111.322 (2m) (b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.021, 103.10, 103.13, 103.28, 103.32, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, or 146.997 or ss. 101.58 to 101.599 or 103.64 to 103.82.

SB359,10,16 (End)