LRBa0280/1
MGD:kjf:rs
2005 - 2006 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO 2005 ASSEMBLY BILL 36
March 8, 2005 - Offered by Representative Richards.
AB36-AA1,1,4
32. Page 1, line 5: after "prisoners" insert ", a state minimum wage, granting
4rule-making authority, and providing a penalty".
AB36-AA1,1,6
6"
Section 1b. 49.141 (1) (g) of the statutes is amended to read:
AB36-AA1,1,97
49.141
(1) (g) "Minimum wage" means the state minimum hourly wage under
8ch. 104 s. 104.035 (1) or the federal minimum hourly wage under
29 USC 206 (a) (1),
9whichever is applicable.
AB36-AA1, s. 1bm
10Section 1bm. 104.01 (intro.) of the statutes is amended to read:
AB36-AA1,1,12
11104.01 Definitions. (intro.)
The following terms as used in ss. 104.01 to
12104.12 shall be construed as follows In this chapter:
AB36-AA1, s. 1c
13Section 1c. 104.01 (1) of the statutes is renumbered 104.01 (1m).
AB36-AA1,2,32
104.01
(1d) "Agricultural employee" means an employee who is employed in
3farming, as defined in s. 102.04 (3).
AB36-AA1, s. 1d
4Section 1d. 104.01 (5) of the statutes is amended to read:
AB36-AA1,2,85
104.01
(5) The term "living-wage" shall mean "Living wage" means 6compensation for labor paid, whether by time, piecework
, or otherwise, sufficient to
7enable the employee receiving it to maintain himself or herself under conditions
8consistent with his or her welfare.
AB36-AA1,2,1110
104.01
(5g) "Minor employee" means a minor who is paid at the applicable
11minimum wage rate for minors.
AB36-AA1, s. 1e
12Section 1e. 104.01 (5m) of the statutes is created to read:
AB36-AA1,2,1413
104.01
(5m) "Opportunity employee" means a person under 20 years of age who
14is in the first 90 consecutive days of employment with his or her employer.
AB36-AA1,2,1816
104.01
(7m) "Tipped employee" means an employee who in the course of
17employment customarily and regularly receives money or other gratuities from
18persons other than the employee's employer.
AB36-AA1, s. 1f
19Section 1f. 104.01 (8) of the statutes is amended to read:
AB36-AA1,2,2120
104.01
(8) The term "wage" and the term "wages" shall each mean "Wage"
21means any compensation for labor measured by time, piece
, or otherwise.
AB36-AA1,2,25
23104.02 Living-wage prescribed
Living wage required. Every wage paid
24or agreed to be paid by any employer to any employee, except as otherwise provided
25in s. 104.07, shall be not less than a
living-wage
living wage.
AB36-AA1,3,4
2104.03 Unlawful wages. Any employer paying, offering to pay, or agreeing
3to pay any employee a wage lower or less in value than a
living-wage living wage is
4guilty of a violation of
ss. 104.01 to 104.12 this chapter.
AB36-AA1,3,7
6104.035 Minimum wage. (1) Employees generally. (a)
Minimum rates.
7Except as provided in subs. (2) to (8), the minimum wage is as follows:
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1. For wages earned before October 1, 2005, $5.70 per hour.
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2. For wages earned beginning on October 1, 2005, $6.50 per hour.
AB36-AA1,3,1310
(b)
Allowances for meals and lodging. Except as provided in subs. (2) (b) and
11(4) (b), if an employer furnishes an employee with meals or lodging in accordance
12with rules promulgated by the department under s. 104.045 (2), the employer may
13deduct the following amounts from the wages of the employee:
AB36-AA1,3,1614
1. For lodging furnished before October 1, 2005, $45.60 per week or $6.50 per
15day and for meals furnished before October 1, 2005, $68.40 per week or $3.25 per
16meal.
AB36-AA1,3,1917
2. For lodging furnished beginning on October 1, 2005, $52 per week or $7.40
18per day and for meals furnished beginning on October 1, 2005, $78 per week or $3.70
19per meal.
AB36-AA1,3,22
20(2) Minor and opportunity employees. (a)
Minimum rates. Except as provided
21in subs. (3) to (8), the minimum wage for a minor employee or an opportunity
22employee is as follows:
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1. For wages earned before October 1, 2005, $5.30 per hour.
AB36-AA1,3,2424
2. For wages earned beginning on October 1, 2005, $5.90 per hour.
AB36-AA1,4,4
1(b)
Allowances for meals and lodging. Except as provided in sub. (4) (b), if an
2employer furnishes a minor employee or an opportunity employee with meals or
3lodging in accordance with rules promulgated by the department under s. 104.045
4(2), the employer may deduct the following amounts from the wages of the employee:
AB36-AA1,4,65
1. For lodging furnished before October 1, 2005, $42.40 per week or $6.05 per
6day and for meals furnished before October 1, 2005, $63.60 per week or $3 per meal.
AB36-AA1,4,97
2. For lodging furnished beginning on October 1, 2005, $47.20 per week or $6.75
8per day and for meals furnished beginning on October 1, 2005, $70.80 per week or
9$3.35 per meal.
AB36-AA1,4,15
10(3) Tipped employees. (a)
Minimum rates. Except as provided in subs. (4) to
11(8), if an employer of a tipped employee establishes by the employer's payroll records
12that, when adding the tips received by the tipped employee in a week to the wages
13paid to the tipped employee in that week, the tipped employee receives not less than
14the applicable minimum wage specified in sub. (1) or (2), the minimum wage for the
15tipped employee is as follows:
AB36-AA1,4,1716
1. For wages earned by a tipped employee who is not an opportunity employee,
17$2.33 per hour.
AB36-AA1,4,1918
2. For wages earned by a tipped employee who is an opportunity employee,
19$2.13 per hour.
AB36-AA1,4,2320
(b)
Allowances for meals and lodging. If an employer furnishes a tipped
21employee with meals or lodging in accordance with rules promulgated by the
22department under s. 104.045 (2), the employer may deduct the applicable amounts
23specified in subs. (1) (b) or (2) (b) from the wages of the tipped employee.
AB36-AA1,4,25
24(4) Agricultural employees. (a)
Minimum rates. Except as provided in subs.
25(7) and (8), the minimum wage for an agricultural employee is as follows:
AB36-AA1,5,1
11. For wages earned by an adult agricultural employee, $5.15 per hour.
AB36-AA1,5,22
2. For wages earned by a minor agricultural employee, $4.25 per hour.
AB36-AA1,5,63
(b)
Allowances for meals and lodging. If an employer furnishes an agricultural
4employee with meals or lodging in accordance with rules promulgated by the
5department under s. 104.045 (2), the employer may deduct the following amounts
6from the wages of the employee: