LRB-3824/1
GMM:rs&cjs:jf
2001 - 2002 LEGISLATURE
December 27, 2001 - Introduced by Senators Chvala, Hansen, Plache and Risser,
cosponsored by Representatives
Johnsrud, Miller, Young, Musser,
Reynolds, Berceau, Pocan, J. Lehman, Ryba, Lassa, Bock and Morris-Tatum.
Referred to Committee on Labor and Agriculture.
SB359,1,7
1An Act to repeal 103.01 (title), 103.68 (3) and 103.935 (2) and (3);
to renumber
2103.01 (1), 103.01 (2), 103.01 (3), 103.935 (1) (intro.), 103.935 (1) (a) and 103.935
3(1) (b);
to renumber and amend 103.01 (intro.), 103.02, 103.03 and 103.935
4(1) (c);
to amend 103.025 (2), 103.66 (2), 103.74 (2), 103.82 (1) (b), 109.09 (1),
5111.322 (2m) (a) and 111.322 (2m) (b); and
to create 103.02 (4), 103.021,
6103.024 (3), 103.685 and 103.937 of the statutes;
relating to: rest and meal
7periods for employees and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, employees engaged in certain types of employment
(generally at factories or mercantile establishments) may not work or be permitted
to work for periods that are dangerous to their health. Current law also specifically
requires that an employee under the age of 18 receive a meal break if the employee
works for six or more consecutive hours. Further, a migrant worker may not be
required to work for more than six consecutive hours without a meal break under
current law, unless the work will be completed in less than seven hours. Migrant
workers who are not engaged exclusively in agricultural labor are also entitled to a
paid ten-minute rest period for each five hours of employment.
This bill requires all employers, including the state, to provide their employees,
including migrant workers and minors, with a paid rest period of not less than 15
minutes for each four hours worked in an eight-hour period and an unpaid meal
period of not less than 30 minutes for six or more consecutive hours of work, unless
any of the following applies:
1. The employee is covered by a collective bargaining agreement that addresses
the issues of rest periods and meal periods.
2. The employee, with the permission of his or her employer, works a shorter
workday in lieu of taking a rest period or a meal period required under the bill.
3. The employee provides health care services, maintenance services, or
personal care services for an ambulance service provider or a health care facility and
is involved in an emergency situation.
4. The department of workforce development grants the employer a waiver of
the rest period and meal period requirement based on a determination that providing
a classification of employees a rest period or a meal period as required by the bill
would cause a demonstrable decrease in the efficiency of employer's operations.
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:
SB359, s. 1
1Section
1. 103.01 (title) of the statutes is repealed.
SB359, s. 2
2Section
2. 103.01 (intro.) of the statutes is renumbered 103.02 (1) (intro.) and
3amended to read:
SB359,2,44
103.02
(1) (intro.) In
ss. 103.01 to 103.03 this section:
SB359, s. 3
5Section
3. 103.01 (1) of the statutes is renumbered 103.02 (1) (a).
SB359, s. 4
6Section
4. 103.01 (2) of the statutes is renumbered 103.02 (1) (b).
SB359, s. 5
7Section
5. 103.01 (3) of the statutes is renumbered 103.02 (1) (c).
SB359, s. 6
8Section
6. 103.02 of the statutes is renumbered 103.02 (2) and amended to
9read:
SB359,2,1210
103.02
(2) No person may be employed or be permitted to work in any place of
11employment or at any employment for such period of time during any day, night
, or
12week, as is dangerous or prejudicial to the person's life, health, safety
, or welfare.
The
SB359,3,12
1(3) Subject to s. 103.021, the department shall investigate, ascertain,
2determine
, and fix such reasonable classification, and promulgate rules fixing a
3period of time, or hours of beginning and ending work during any day, night
, or week,
4which shall be necessary to protect the life, health, safety
, or welfare of any person,
5or to carry out the purposes of
ss. 103.01 to 103.03
this section. The department shall,
6by rule, classify such periods of time into periods to be paid for at regular rates and
7periods to be paid for at the rate of at least
one and one-half 1.5 times the regular
8rates. Such investigations, classifications
, and orders shall be made as provided in
9s. 103.005
and the penalties under s. 103.005 (12) shall apply to and be imposed for
10any violation of ss. 103.01 to 103.03. Such orders shall be subject to review in the
11manner provided in ch. 227.
Section 111.322 (2m) applies to discharge or other
12discriminatory acts arising in connection with any proceeding under this section.
SB359, s. 7
13Section
7. 103.02 (4) of the statutes is created to read:
SB359,3,1614
103.02
(4) The employment of any person in any employment or place of
15employment at any time other than the permissible hours of labor under this section
16is prima facie evidence of a violation of this section.
SB359, s. 8
17Section
8. 103.021 of the statutes is created to read:
SB359,3,18
18103.021 Rest and meal periods. (1) In this section:
SB359,3,2319
(a) "Employer" means a person engaging in any activity, enterprise, or business
20in this state employing at least one individual. "Employer" includes the state and
21any office, department, independent agency, authority, institution, association,
22society, or other body in state or local government created or authorized to be created
23by the constitution or any law, including the legislature and the courts.
SB359,4,824
(b) "Health care facility" means a facility, as defined in s. 647.01 (4), or any
25hospital, nursing home, community-based residential facility, county home, county
1infirmary, county hospital, county mental health complex, assisted living facility,
2residential care apartment complex, rural medical center, hospice, treatment
3facility, or other place licensed, certified, or approved by the department of health
4and family services under s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.034, 50.35, 50.52,
550.90, 51.04, 51.08, or 51.09, an adult family home licensed or certified by the
6department of health and family services or a county department of human services
7or social services under s. 50.032 or 50.033, or a facility under s. 45.365, 51.05, 51.06,
8or 252.10 or under ch. 233.
SB359,4,10
9(2) Except as provided in sub. (5), an employer shall provide its employees with
10all of the following:
SB359,4,1211
(a) A rest period of not less than 15 minutes for each 4 hours of work, not
12including meal periods under par. (b), within an 8-hour period.
SB359,4,1413
(b) A meal period of not less than 30 minutes, in addition to any rest period
14under par. (a), for each 6 or more consecutive hours of work, including rest periods.
SB359,4,17
15(3) An employer shall provide compensation to an employee who is on a rest
16period under sub. (2) (a) at the applicable rate of pay for the employee when the rest
17period occurs.
SB359,4,20
18(4) The department shall determine whether the rest periods and meal periods
19required under sub. (2) are counted as hours worked for purposes of ss. 66.0903,
20103.49, and 103.50.
SB359,4,21
21(5) Subsections (2) and (3) do not apply to any of the following:
SB359,4,2322
(a) An employee who is covered under a collective bargaining agreement that
23addresses the issues of rest periods and meal periods.
SB359,4,2524
(b) A minor employee whose rest periods or meal periods are regulated under
25s. 103.685.
SB359,5,2
1(c) A migrant worker whose rest periods or meal periods are regulated under
2s. 103.937.
SB359,5,63
(d) An employee who, upon request of the employee or the collective bargaining
4representative of the employee, is permitted by his or her employer to work a shorter
5workday in lieu of taking a rest period required under sub. (2) (a) or a meal period
6required under sub. (2) (b).
SB359,5,87
(e) An employee who is in a job classification for which the department has
8granted a waiver under sub. (6).
SB359,5,159
(f) In cases of emergency, an employee of an ambulance service provider, as
10defined in s. 146.50 (1) (c), or a health care facility who provides health care, as
11defined in s. 155.01 (3), services, maintenance services, as defined in s. 647.01 (5),
12or personal care services, as defined in s. 647.01 (8). In this paragraph, "emergency"
13means a sudden and unexpected situation that could not reasonably have been
14anticipated or prevented in which a person is in imminent danger of death or serious
15physical or mental injury unless immediate action is taken.
SB359,5,21
16(6) The department may grant an employer a waiver exempting employees in
17a job classification from the requirements under subs. (2) and (3) if the department
18determines that providing a rest period or a meal period to employees in that
19classification would cause a demonstrable decrease in the efficiency of the employer's
20operations. The determination of the department shall be subject to review in the
21manner provided in ch. 227.
SB359, s. 9
22Section
9. 103.024 (3) of the statutes is created to read:
SB359,5,2423
103.024
(3) Section 111.322 (2m) applies to discharge or other discriminatory
24acts arising in connection with any proceedings under s. 103.02 or 103.021.
SB359, s. 10
25Section
10. 103.025 (2) of the statutes is amended to read:
SB359,6,3
1103.025
(2) An employer described in s.
103.01 (1) (b) 103.02 (1) (a) 2. may
2provide an employee, in lieu of overtime compensation, compensatory time off as
3permitted under
29 USC 207 (o), as amended to April 15, 1986.
SB359, s. 11
4Section
11. 103.03 of the statutes is renumbered 103.024 (1) and amended to
5read:
SB359,6,96
103.024
(1) The employment of any person in any employment or place of
7employment at any time other than the permissible hours of labor shall be prima
8facie evidence of a violation of this section. An employer that violates s. 103.02 or
9103.021 is subject to the penalties imposed under s. 103.005 (12).
SB359,6,13
10(2) Every day for each person employed, and every week for each person
11employed, during which any employer fails to observe or to comply with any order
12of the department, or to perform any duty
enjoined by ss. 103.01 to 103.03 required
13under s. 103.02 or 103.021, shall constitute a separate offense.
SB359, s. 12
14Section
12. 103.66 (2) of the statutes is amended to read: