Amendment ASA2-AB49

LRBs0104/1

GMM:wlj:pg

2005 - 2006 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 2, TO 2005 ASSEMBLY BILL 49

May 3, 2005 - Offered by Representatives Sheridan, Kreuser, Sherman and Richards.

AB49-ASA2,1,9 An Act to renumber 104.01 (1); to renumber and amend 104.045, 104.08 (1), 104.08 (2) and 104.08 (3); to amend 49.141 (1) (g), 104.01 (intro.), 104.01 (5), 104.01 (8), 104.02, 104.03, 104.04, 104.05, 104.06, 104.07 (1), 104.07 (2), 104.10, 104.11, 104.12, 234.94 (5), 234.94 (8), 800.09 (1) (b), 800.095 (4) (b) 3. and 895.035 (2m) (c); and to create 104.001, 104.01 (1d), 104.01 (5g), 104.01 (5m), 104.01 (7m), 104.035, 104.045 (2) and (3), 104.08 (1m) (b) and 104.08 (3) (a) of the statutes; relating to: a state minimum wage; permitting cities, villages, towns, and counties to enact living wage ordinances; granting rule-making authority; and providing a penalty.

Analysis by the Legislative Reference Bureau

Currently, the state minimum wage law requires that employers pay a living wage to their employees. Under that law, the Department of Workforce Development (DWD) has provided, by rule, minimum wages for various types of employees, including employees, generally; opportunity employees, which are defined as employees under 20 years of age in their first 90 days of employment with a particular employer; tipped employees; agricultural employees; camp counselors; golf caddies; students employed at independent colleges and universities for less than 20 hours per week; student learners employed in bona fide school training programs; and individuals who are unable to earn the standard minimum wage because of a disability. DWD has exempted, by rule, from the minimum wage law employees who perform less than 15 hours per week of casual employment, such as baby-sitting or lawn mowing, in and around an employer's home; employees who provide companionship services to elderly or infirm individuals; and elementary and secondary school students performing work-like activities in their schools. DWD has also promulgated rules providing allowances against the minimum wage for employers that provide meals or lodging for their employees.

Under this substitute amendment, DWD will continue to provide the exemptions listed above and separate minimum wages for students employed at independent colleges and universities for less than 20 hours per week, student learners employed in bona fide school training programs, and individuals who are unable to earn the standard minimum wages because of a disability. For other employees, however, the substitute amendment sets the minimum wages as follows: - See PDF for table - See PDF for table - See PDF for table

The substitute amendment also increases the allowance against the minimum wage that an employer who provides room and board for an employee may take, as follows: - See PDF for table

Under current constitutional and statutory home rule provisions, a city or village may determine its own local affairs subject only to the Wisconsin Constitution and to any enactment of the legislature that is of statewide concern and that affects every city or village with uniformity.

This substitute amendment permits a city, village, town, or county to enact an ordinance providing for a living wage within its boundaries (local living wage ordinance). A local living wage ordinance may strictly conform to the state minimum wage law or may provide for a living wage that is higher than the living wage established under the state minimum wage law. A local living wage ordinance may also be more inclusive than the state minimum wage law with respect to the different types of employees covered under the ordinance.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB49-ASA2, s. 1 Section 1. 49.141 (1) (g) of the statutes is amended to read:

AB49-ASA2,8,3 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.

AB49-ASA2, s. 2 Section 2. 104.001 of the statutes is created to read:

AB49-ASA2,8,12 104.001 Local living wage ordinances. (1) Declaration of policy. The right of all persons to earn compensation for their labor, whether by time, piecework, or otherwise, that is sufficient to enable them to maintain themselves under conditions that are consistent with their welfare is a matter both of statewide concern and of local interest. The enactment of this chapter by the legislature does not preempt a city, village, town, or county from considering the subject matter of a living wage and does not exempt cities, villages, towns, or counties from their duty, or deprive them of their right, to enact ordinances providing for a living wage.

AB49-ASA2,8,22 (2) Local living wage ordinances permitted. A city, village, town, or county may enact an ordinance providing for a living wage within its boundaries, except that a county ordinance enacted under this subsection does not apply within a city, village, or town that has enacted or enacts an ordinance under this subsection. An ordinance enacted under this subsection may strictly conform to this chapter and any rules promulgated under this chapter or may provide for a living wage that is higher than the living wage established under this chapter or under any rules promulgated under this chapter. An ordinance enacted under this subsection may also be more inclusive than this chapter or any rules promulgated under this chapter with respect to the different types of employees covered under the ordinance.

AB49-ASA2, s. 3 Section 3. 104.01 (intro.) of the statutes is amended to read:

AB49-ASA2,8,25 104.01 Definitions. (intro.) The following terms as used in ss. 104.01 to 104.12 shall be construed as follows In this chapter:

AB49-ASA2, s. 4 Section 4. 104.01 (1) of the statutes is renumbered 104.01 (1m).

AB49-ASA2, s. 5 Section 5. 104.01 (1d) of the statutes is created to read:

AB49-ASA2,9,4 104.01 (1d) "Agricultural employee" means an employee who is employed in farming, as defined in s. 102.04 (3).

AB49-ASA2, s. 6 Section 6. 104.01 (5) of the statutes is amended to read:

AB49-ASA2,9,9 104.01 (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.

AB49-ASA2, s. 7 Section 7. 104.01 (5g) of the statutes is created to read:

AB49-ASA2,9,12 104.01 (5g) "Minor employee" means a minor who is paid at the applicable minimum wage rate for minors.

AB49-ASA2, s. 8 Section 8. 104.01 (5m) of the statutes is created to read:

AB49-ASA2,9,15 104.01 (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.

AB49-ASA2, s. 9 Section 9. 104.01 (7m) of the statutes is created to read:

AB49-ASA2,9,19 104.01 (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.

AB49-ASA2, s. 10 Section 10. 104.01 (8) of the statutes is amended to read:

AB49-ASA2,9,22 104.01 (8) The term "wage" and the term "wages" shall each mean "Wage" means any compensation for labor measured by time, piece, or otherwise.

AB49-ASA2, s. 11 Section 11. 104.02 of the statutes is amended to read:

AB49-ASA2,10,3 104.02 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.

AB49-ASA2, s. 12 Section 12. 104.03 of the statutes is amended to read:

AB49-ASA2,10,7 104.03 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.

AB49-ASA2, s. 13 Section 13. 104.035 of the statutes is created to read:

AB49-ASA2,10,10 104.035 Minimum wage. (1) Employees generally. (a) Minimum rates. Except as provided in subs. (2) to (8), the minimum wage is as follows:

AB49-ASA2,10,11 1. For wages earned before October 1, 2005, $5.70 per hour.

AB49-ASA2,10,12 2. For wages earned beginning on October 1, 2005, $6.50 per hour.

AB49-ASA2,10,16 (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:

AB49-ASA2,10,19 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.

AB49-ASA2,10,22 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.

AB49-ASA2,10,25 (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:

AB49-ASA2,11,1 1. For wages earned before October 1, 2005, $5.30 per hour.

AB49-ASA2,11,2 2. For wages earned beginning on October 1, 2005, $5.90 per hour.

AB49-ASA2,11,6 (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:

AB49-ASA2,11,8 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.

AB49-ASA2,11,11 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.

AB49-ASA2,11,17 (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:

AB49-ASA2,11,19 1. For wages earned by a tipped employee who is not an opportunity employee, $2.33 per hour.

AB49-ASA2,11,21 2. For wages earned by a tipped employee who is an opportunity employee, $2.13 per hour.

AB49-ASA2,11,25 (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.

AB49-ASA2,12,2 (4) Agricultural employees. (a) Minimum rates. Except as provided in subs. (7) and (8), the minimum wage for an agricultural employee is as follows:

AB49-ASA2,12,3 1. For wages earned by an adult agricultural employee, $5.15 per hour.

AB49-ASA2,12,4 2. For wages earned by a minor agricultural employee, $4.25 per hour.

AB49-ASA2,12,8 (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:

AB49-ASA2,12,11 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.

AB49-ASA2,12,14 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.

AB49-ASA2,12,17 (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:

AB49-ASA2,12,20 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.

AB49-ASA2,12,23 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.

AB49-ASA2,13,3 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.

AB49-ASA2,13,6 (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:

AB49-ASA2,13,9 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.

AB49-ASA2,13,12 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.