Amendment AA1-AB36

2005 - 2006 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO 2005 ASSEMBLY BILL 36

March 8, 2005 - Offered by Representative Richards.

AB36-AA1,1,1 At the locations indicated, amend the bill as follows:

AB36-AA1,1,2 1. Page 1, line 5: delete "and".

AB36-AA1,1,4 2. Page 1, line 5: after "prisoners" insert ", a state minimum wage, granting rule-making authority, and providing a penalty".

AB36-AA1,1,5 3. Page 2, line 1: before that line insert:

AB36-AA1,1,6 " Section 1b. 49.141 (1) (g) of the statutes is amended to read:

AB36-AA1,1,9 49.141 (1) (g) "Minimum wage" means the state minimum hourly wage under ch. 104 s. 104.035 (1) or the federal minimum hourly wage under 29 USC 206 (a) (1), whichever is applicable.

AB36-AA1, s. 1bm Section 1bm. 104.01 (intro.) of the statutes is amended to read:

AB36-AA1,1,12 104.01 Definitions. (intro.) The following terms as used in ss. 104.01 to 104.12 shall be construed as follows In this chapter:

AB36-AA1, s. 1c Section 1c. 104.01 (1) of the statutes is renumbered 104.01 (1m).

AB36-AA1, s. 1cm Section 1cm. 104.01 (1d) of the statutes is created to read:

AB36-AA1,2,3 104.01 (1d) "Agricultural employee" means an employee who is employed in farming, as defined in s. 102.04 (3).

AB36-AA1, s. 1d Section 1d. 104.01 (5) of the statutes is amended to read:

AB36-AA1,2,8 104.01 (5) The term "living-wage" shall mean "Living wage" means compensation for labor paid, whether by time, piecework, or otherwise, sufficient to enable the employee receiving it to maintain himself or herself under conditions consistent with his or her welfare.

AB36-AA1, s. 1dm Section 1dm. 104.01 (5g) of the statutes is created to read:

AB36-AA1,2,11 104.01 (5g) "Minor employee" means a minor who is paid at the applicable minimum wage rate for minors.

AB36-AA1, s. 1e Section 1e. 104.01 (5m) of the statutes is created to read:

AB36-AA1,2,14 104.01 (5m) "Opportunity employee" means a person under 20 years of age who is in the first 90 consecutive days of employment with his or her employer.

AB36-AA1, s. 1em Section 1em. 104.01 (7m) of the statutes is created to read:

AB36-AA1,2,18 104.01 (7m) "Tipped employee" means an employee who in the course of employment customarily and regularly receives money or other gratuities from persons other than the employee's employer.

AB36-AA1, s. 1f Section 1f. 104.01 (8) of the statutes is amended to read:

AB36-AA1,2,21 104.01 (8) The term "wage" and the term "wages" shall each mean "Wage" means any compensation for labor measured by time, piece, or otherwise.

AB36-AA1, s. 1fm Section 1fm. 104.02 of the statutes is amended to read:

AB36-AA1,2,25 104.02 Living-wage prescribed Living wage required. Every wage paid or agreed to be paid by any employer to any employee, except as otherwise provided in s. 104.07, shall be not less than a living-wage living wage.

AB36-AA1, s. 1g Section 1g. 104.03 of the statutes is amended to read:

AB36-AA1,3,4 104.03 Unlawful wages. Any employer paying, offering to pay, or agreeing to pay any employee a wage lower or less in value than a living-wage living wage is guilty of a violation of ss. 104.01 to 104.12 this chapter.

AB36-AA1, s. 1gm Section 1gm. 104.035 of the statutes is created to read:

AB36-AA1,3,7 104.035 Minimum wage. (1) Employees generally. (a) Minimum rates. Except as provided in subs. (2) to (8), the minimum wage is as follows:

AB36-AA1,3,8 1. For wages earned before October 1, 2005, $5.70 per hour.

AB36-AA1,3,9 2. For wages earned beginning on October 1, 2005, $6.50 per hour.

AB36-AA1,3,13 (b) Allowances for meals and lodging. Except as provided in subs. (2) (b) and (4) (b), if an employer furnishes an employee with meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the employer may deduct the following amounts from the wages of the employee:

AB36-AA1,3,16 1. For lodging furnished before October 1, 2005, $45.60 per week or $6.50 per day and for meals furnished before October 1, 2005, $68.40 per week or $3.25 per meal.

AB36-AA1,3,19 2. For lodging furnished beginning on October 1, 2005, $52 per week or $7.40 per day and for meals furnished beginning on October 1, 2005, $78 per week or $3.70 per meal.

AB36-AA1,3,22 (2) Minor and opportunity employees. (a) Minimum rates. Except as provided in subs. (3) to (8), the minimum wage for a minor employee or an opportunity employee is as follows:

AB36-AA1,3,23 1. For wages earned before October 1, 2005, $5.30 per hour.

AB36-AA1,3,24 2. For wages earned beginning on October 1, 2005, $5.90 per hour.

AB36-AA1,4,4 (b) Allowances for meals and lodging. Except as provided in sub. (4) (b), if an employer furnishes a minor employee or an opportunity employee with meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the employer may deduct the following amounts from the wages of the employee:

AB36-AA1,4,6 1. For lodging furnished before October 1, 2005, $42.40 per week or $6.05 per day and for meals furnished before October 1, 2005, $63.60 per week or $3 per meal.

AB36-AA1,4,9 2. For lodging furnished beginning on October 1, 2005, $47.20 per week or $6.75 per day and for meals furnished beginning on October 1, 2005, $70.80 per week or $3.35 per meal.

AB36-AA1,4,15 (3) Tipped employees. (a) Minimum rates. Except as provided in subs. (4) to (8), if an employer of a tipped employee establishes by the employer's payroll records that, when adding the tips received by the tipped employee in a week to the wages paid to the tipped employee in that week, the tipped employee receives not less than the applicable minimum wage specified in sub. (1) or (2), the minimum wage for the tipped employee is as follows:

AB36-AA1,4,17 1. For wages earned by a tipped employee who is not an opportunity employee, $2.33 per hour.

AB36-AA1,4,19 2. For wages earned by a tipped employee who is an opportunity employee, $2.13 per hour.

AB36-AA1,4,23 (b) Allowances for meals and lodging. If an employer furnishes a tipped employee with meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the employer may deduct the applicable amounts specified in subs. (1) (b) or (2) (b) from the wages of the tipped employee.

AB36-AA1,4,25 (4) Agricultural employees. (a) Minimum rates. Except as provided in subs. (7) and (8), the minimum wage for an agricultural employee is as follows:

AB36-AA1,5,1 1. For wages earned by an adult agricultural employee, $5.15 per hour.

AB36-AA1,5,2 2. For wages earned by a minor agricultural employee, $4.25 per hour.

AB36-AA1,5,6 (b) Allowances for meals and lodging. If an employer furnishes an agricultural employee with meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the employer may deduct the following amounts from the wages of the employee:

AB36-AA1,5,9 1. For lodging furnished to an adult agricultural employee, $41.20 per week or $5.90 per day and for meals furnished to an adult agricultural employee, $61.80 per week or $2.95 per meal.

AB36-AA1,5,12 2. For lodging furnished to a minor agricultural employee, $34 per week or $4.85 per day and for meals furnished to a minor agricultural employee, $51 per week or $2.40 per meal.

AB36-AA1,5,15 (5) Camp counselors. (a) Minimum rates for adult counselors. The minimum wage for a counselor at a seasonal recreational or educational camp, including a day camp, who is an adult is as follows:

AB36-AA1,5,18 1. For wages earned before October 1, 2005, $215 per week if meals and lodging are not furnished, $164 per week if only meals are furnished, and $129 per week if both meals and lodging are furnished.

AB36-AA1,5,21 2. For wages earned beginning on October 1, 2005, $270 per week if meals and lodging are not furnished, $217 per week if only meals are furnished, and $171 per week if both meals and lodging are furnished.

AB36-AA1,5,24 3. For wages earned beginning on October 1, 2006, $315 per week if meals and lodging are not furnished, $240 per week if only meals are furnished, and $189 per week if both meals and lodging are furnished.

AB36-AA1,6,3 (b) Minimum rates for minor counselors. The minimum wage for a counselor at a seasonal recreational or educational camp, including a day camp, who is a minor is as follows:

AB36-AA1,6,6 1. For wages earned before October 1, 2005, $175 per week if meals and lodging are not furnished, $133 per week if only meals are furnished, and $105 per week if both meals and lodging are furnished.

AB36-AA1,6,9 2. For wages earned beginning on October 1, 2005, $225 per week if meals and lodging are not furnished, $171 per week if only meals are furnished, and $135 per week if both meals and lodging are furnished.

AB36-AA1,6,12 3. For wages earned beginning on October 1, 2006, $275 per week if meals and lodging are not furnished, $209 per week if only meals are furnished, and $165 per week if both meals and lodging are furnished.

AB36-AA1,6,13 (6) Golf caddies. The minimum wage for a golf caddy is as follows:

AB36-AA1,6,14 (a) For 18 holes, $10.50.

AB36-AA1,6,15 (b) For 9 holes, $5.90.

AB36-AA1,6,17 (7) Minimum wage established by department. The department shall promulgate rules providing the minimum wage for all of the following:

AB36-AA1,6,19 (a) An employee or worker with a disability covered under a license under s. 104.07.

AB36-AA1,6,20 (b) A student learner.

AB36-AA1,6,22 (c) A student employed by an independent college or university for less than 20 hours per week.

AB36-AA1,6,25 (8) Employment exempted by department. The department shall promulgate rules exempting from the minimum wage requirements under subs. (1) to (7) all of the following:

AB36-AA1,7,2 (a) A person engaged in casual employment in and around an employer's home on an irregular or intermittent basis for not more than 15 hours per week.

AB36-AA1,7,6 (b) A person who resides with and who provides companionship and care, not including practical or professional nursing, as defined in s. 441.001 (3) and (4), and not more than 15 hours per week of general household work for an employer who, due to advanced age or physical or mental disability, cannot care for his or her own needs.

AB36-AA1,7,8 (c) An elementary or secondary school student performing student work-like activities in the student's school.

AB36-AA1,7,11 (9) Department may revise. The department may promulgate rules to increase a minimum wage or an allowance for meals and lodging provided under subs. (1) to (7).

AB36-AA1, s. 1h Section 1h. 104.04 of the statutes is amended to read:

AB36-AA1,8,2 104.04 Classifications; department's authority. The department shall investigate, ascertain, determine, and fix such reasonable classifications, and shall impose general or special orders, determining the living-wage living wage, and shall carry out the purposes of ss. 104.01 to 104.12. Such this chapter. Those investigations, classifications, and orders shall be made as provided under s. 103.005, and the penalties specified in s. 103.005 (12) shall apply to and be imposed for any violation of ss. 104.01 to 104.12 this chapter. In determining the living-wage living wage, the department may consider the effect that an increase in the living-wage living wage might have on the economy of the state, including the effect of a living-wage living wage increase on job creation, retention, and expansion, on the availability of entry-level jobs, and on regional economic conditions within the state. The department may not establish a different minimum wage for men and women. Said Those orders shall be subject to review in the manner provided in ch. 227.

AB36-AA1, s. 1hm Section 1hm. 104.045 of the statutes is renumbered 104.045 (intro.) and amended to read:

AB36-AA1,8,7 104.045 Tipped employees Tips, meals, lodging, and hours worked. (intro.) The department shall by rule determine what amount of promulgate rules governing all of the following:

AB36-AA1,8,9 (1) The counting of tips or similar gratuities may be counted toward fulfillment of the employer's obligation under this chapter.

AB36-AA1, s. 1i Section 1i. 104.045 (2) and (3) of the statutes are created to read:

AB36-AA1,8,12 104.045 (2) The deduction of meals or lodging provided by an employer to an employee from the employer's obligation under this chapter.

AB36-AA1,8,14 (3) The determination of hours worked by an employee during which the employee is entitled to a living wage under this chapter.

AB36-AA1, s. 1im Section 1im. 104.05 of the statutes is amended to read:

AB36-AA1,8,21 104.05 Complaints; investigation. The department shall, within 20 days after the filing of a verified complaint of any person setting forth alleging that the wages paid to any employee in any occupation are not sufficient to enable the employee to maintain himself or herself under conditions consistent with his or her welfare, investigate and determine whether there is reasonable cause to believe that the wage paid to any the employee is not a living-wage living wage.

AB36-AA1, s. 1j Section 1j. 104.06 of the statutes is amended to read:

AB36-AA1,9,6 104.06 Wage council; determination. If, upon investigation, the department finds that there is reasonable cause to believe that the wages paid to any employee are not a living-wage, it living wage, the department shall appoint a wage council, selected so as fairly to represent employers, employees , and the public, to assist in its investigations and determinations. The living-wage department may use the results of an investigation under this section to establish a living wage. A living wage so determined upon shall be the living-wage living wage for all employees within the same class as established by the classification of the department under s. 104.04.

AB36-AA1, s. 1jm Section 1jm. 104.07 (1) of the statutes is amended to read:

AB36-AA1,9,14 104.07 (1) The department shall make promulgate rules and, except as provided under subs. (5) and (6), grant licenses, to any employer who employs any employee who is unable to earn the living-wage theretofore determined upon, permitting such person to a living wage so that the employee may work for a wage which shall be that is commensurate with the employee's ability and each . Each license so granted shall establish a wage for the licensee employees of the licensee who are unable to earn a living wage.