LRBa0080/1
GMM:kjf&wlj:jf
2005 - 2006 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO 2005 ASSEMBLY BILL 5
January 27, 2005 - Offered by Representative Kreuser.
AB5-AA1,1,3
21. Page 1, line 2: after "cooperatives" insert ", a state minimum wage, granting
3rule-making authority, and providing a penalty".
AB5-AA1,1,5
5"
Section 1b. 49.141 (1) (g) of the statutes is amended to read:
AB5-AA1,1,86
49.141
(1) (g) "Minimum wage" means the state minimum hourly wage under
7ch. 104 s. 104.035 (1) or the federal minimum hourly wage under
29 USC 206 (a) (1),
8whichever is applicable.
AB5-AA1, s. 1c
9Section 1c. 104.01 (intro.) of the statutes is amended to read:
AB5-AA1,1,11
10104.01 Definitions. (intro.)
The following terms as used in ss. 104.01 to
11104.12 shall be construed as follows In this chapter:
AB5-AA1, s. 1d
12Section 1d. 104.01 (1) of the statutes is renumbered 104.01 (1m).
AB5-AA1, s. 1e
13Section 1e. 104.01 (1d) of the statutes is created to read:
AB5-AA1,2,2
1104.01
(1d) "Agricultural employee" means an employee who is employed in
2farming, as defined in s. 102.04 (3).
AB5-AA1, s. 1f
3Section 1f. 104.01 (5) of the statutes is amended to read:
AB5-AA1,2,74
104.01
(5) The term "living-wage" shall mean "Living wage" means 5compensation for labor paid, whether by time, piecework
, or otherwise, sufficient to
6enable the employee receiving it to maintain himself or herself under conditions
7consistent with his or her welfare.
AB5-AA1, s. 1g
8Section 1g. 104.01 (5g) of the statutes is created to read:
AB5-AA1,2,109
104.01
(5g) "Minor employee" means a minor who is paid at the applicable
10minimum wage rate for minors.
AB5-AA1, s. 1h
11Section 1h. 104.01 (5m) of the statutes is created to read:
AB5-AA1,2,1312
104.01
(5m) "Opportunity employee" means a person under 20 years of age who
13is in the first 90 consecutive days of employment with his or her employer.
AB5-AA1, s. 1i
14Section 1i. 104.01 (7m) of the statutes is created to read:
AB5-AA1,2,1715
104.01
(7m) "Tipped employee" means an employee who in the course of
16employment customarily and regularly receives money or other gratuities from
17persons other than the employee's employer.
AB5-AA1, s. 1j
18Section 1j. 104.01 (8) of the statutes is amended to read:
AB5-AA1,2,2019
104.01
(8) The term "wage" and the term "wages" shall each mean "Wage"
20means any compensation for labor measured by time, piece
, or otherwise.
AB5-AA1, s. 1k
21Section 1k. 104.02 of the statutes is amended to read:
AB5-AA1,2,24
22104.02 Living-wage prescribed
Living wage required. Every wage paid
23or agreed to be paid by any employer to any employee, except as otherwise provided
24in s. 104.07, shall be not less than a
living-wage
living wage.
AB5-AA1, s. 1L
25Section 1L. 104.03 of the statutes is amended to read:
AB5-AA1,3,3
1104.03 Unlawful wages. Any employer paying, offering to pay, or agreeing
2to pay any employee a wage lower or less in value than a
living-wage living wage is
3guilty of a violation of
ss. 104.01 to 104.12 this chapter.
AB5-AA1, s. 1m
4Section 1m. 104.035 of the statutes is created to read:
AB5-AA1,3,6
5104.035 Minimum wage. (1) Employees generally. (a)
Minimum rates.
6Except 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.
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(b)
Allowances for meals and lodging. Except as provided in subs. (2) (b) and
10(4) (b), if an employer furnishes an employee with meals or lodging in accordance
11with rules promulgated by the department under s. 104.045 (2), the employer may
12deduct the following amounts from the wages of the employee:
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1. For lodging furnished before October 1, 2005, $45.60 per week or $6.50 per
14day and for meals furnished before October 1, 2005, $68.40 per week or $3.25 per
15meal.
AB5-AA1,3,1816
2. For lodging furnished beginning on October 1, 2005, $52 per week or $7.40
17per day and for meals furnished beginning on October 1, 2005, $78 per week or $3.70
18per meal.
AB5-AA1,3,21
19(2) Minor and opportunity employees. (a)
Minimum rates. Except as provided
20in subs. (3) to (8), the minimum wage for a minor employee or an opportunity
21employee is as follows:
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1. For wages earned before October 1, 2005, $5.30 per hour.
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2. For wages earned beginning on October 1, 2005, $5.90 per hour.
AB5-AA1,4,224
(b)
Allowances for meals and lodging. Except as provided in sub. (4) (b), if an
25employer furnishes a minor employee or an opportunity employee with meals or
1lodging in accordance with rules promulgated by the department under s. 104.045
2(2), the employer may deduct the following amounts from the wages of the employee:
AB5-AA1,4,43
1. For lodging furnished before October 1, 2005, $42.40 per week or $6.05 per
4day and for meals furnished before October 1, 2005, $63.60 per week or $3 per meal.
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2. For lodging furnished beginning on October 1, 2005, $47.20 per week or $6.75
6per day and for meals furnished beginning on October 1, 2005, $70.80 per week or
7$3.35 per meal.
AB5-AA1,4,13
8(3) Tipped employees. (a)
Minimum rates. Except as provided in subs. (4) to
9(8), if an employer of a tipped employee establishes by the employer's payroll records
10that, when adding the tips received by the tipped employee in a week to the wages
11paid to the tipped employee in that week, the tipped employee receives not less than
12the applicable minimum wage specified in sub. (1) or (2), the minimum wage for the
13tipped employee is as follows:
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1. For wages earned by a tipped employee who is not an opportunity employee,
15$2.33 per hour.
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2. For wages earned by a tipped employee who is an opportunity employee,
17$2.13 per hour.
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(b)
Allowances for meals and lodging. If an employer furnishes a tipped
19employee with meals or lodging in accordance with rules promulgated by the
20department under s. 104.045 (2), the employer may deduct the applicable amounts
21specified in subs. (1) (b) or (2) (b) from the wages of the tipped employee.
AB5-AA1,4,23
22(4) Agricultural employees. (a)
Minimum rates. Except as provided in subs.
23(7) and (8), the minimum wage for an agricultural employee is as follows:
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1. For wages earned by an adult agricultural employee, $5.15 per hour.
AB5-AA1,4,2525
2. For wages earned by a minor agricultural employee, $4.25 per hour.
AB5-AA1,5,4
1(b)
Allowances for meals and lodging. If an employer furnishes an agricultural
2employee with meals or lodging in accordance with rules promulgated by the
3department under s. 104.045 (2), the employer may deduct the following amounts
4from the wages of the employee:
AB5-AA1,5,75
1. For lodging furnished to an adult agricultural employee, $41.20 per week or
6$5.90 per day and for meals furnished to an adult agricultural employee, $61.80 per
7week or $2.95 per meal.
AB5-AA1,5,108
2. For lodging furnished to a minor agricultural employee, $34 per week or
9$4.85 per day and for meals furnished to a minor agricultural employee, $51 per week
10or $2.40 per meal.
AB5-AA1,5,13
11(5) Camp counselors. (a)
Minimum rates for adult counselors. The minimum
12wage for a counselor at a seasonal recreational or educational camp, including a day
13camp, who is an adult is as follows:
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1. For wages earned before October 1, 2005, $215 per week if meals and lodging
15are not furnished, $164 per week if only meals are furnished, and $129 per week if
16both meals and lodging are furnished.
AB5-AA1,5,1917
2. For wages earned beginning on October 1, 2005, $270 per week if meals and
18lodging are not furnished, $217 per week if only meals are furnished, and $171 per
19week if both meals and lodging are furnished.
AB5-AA1,5,2220
3. For wages earned beginning on October 1, 2006, $315 per week if meals and
21lodging are not furnished, $240 per week if only meals are furnished, and $189 per
22week if both meals and lodging are furnished.
AB5-AA1,5,2523
(b)
Minimum rates for minor counselors. The minimum wage for a counselor
24at a seasonal recreational or educational camp, including a day camp, who is a minor
25is as follows:
AB5-AA1,6,3
11. For wages earned before October 1, 2005, $175 per week if meals and lodging
2are not furnished, $133 per week if only meals are furnished, and $105 per week if
3both meals and lodging are furnished.
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2. For wages earned beginning on October 1, 2005, $225 per week if meals and
5lodging are not furnished, $171 per week if only meals are furnished, and $135 per
6week if both meals and lodging are furnished.
AB5-AA1,6,97
3. For wages earned beginning on October 1, 2006, $275 per week if meals and
8lodging are not furnished, $209 per week if only meals are furnished, and $165 per
9week if both meals and lodging are furnished.
AB5-AA1,6,10
10(6) Golf caddies. The minimum wage for a golf caddy is as follows:
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(a) For 18 holes, $10.50.
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(b) For 9 holes, $5.90.
AB5-AA1,6,14
13(7) Minimum wage established by department. The department shall
14promulgate rules providing the minimum wage for all of the following:
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(a) An employee or worker with a disability covered under a license under s.
16104.07.
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(b) A student learner.
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(c) A student employed by an independent college or university for less than
1920 hours per week.
AB5-AA1,6,22
20(8) Employment exempted by department. The department shall promulgate
21rules exempting from the minimum wage requirements under subs. (1) to (7) all of
22the following:
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(a) A person engaged in casual employment in and around an employer's home
24on an irregular or intermittent basis for not more than 15 hours per week.
AB5-AA1,7,4
1(b) A person who resides with and who provides companionship and care, not
2including practical or professional nursing, as defined in s. 441.001 (3) and (4), and
3not more than 15 hours per week of general household work for an employer who, due
4to advanced age or physical or mental disability, cannot care for his or her own needs.
AB5-AA1,7,65
(c) An elementary or secondary school student performing student work-like
6activities in the student's school.
AB5-AA1,7,9
7(9) Department may revise. The department may promulgate rules to increase
8a minimum wage or an allowance for meals and lodging provided under subs. (1) to
9(7).
AB5-AA1, s. 1n
10Section 1n. 104.04 of the statutes is amended to read:
AB5-AA1,7,24
11104.04 Classifications; department's authority. The department shall
12investigate, ascertain, determine
, and fix such reasonable classifications, and shall
13impose general or special orders, determining the
living-wage living wage, and shall
14carry out the purposes of
ss. 104.01 to 104.12. Such
this chapter. Those 15investigations, classifications
, and orders shall be made as provided under s.
16103.005, and the penalties specified in s. 103.005 (12) shall apply to and be imposed
17for any violation of
ss. 104.01 to 104.12 this chapter. In determining the
living-wage 18living wage, the department may consider the effect that an increase in the
19living-wage living wage might have on the economy of the state, including the effect
20of a
living-wage living wage increase on job creation, retention
, and expansion, on
21the availability of entry-level jobs
, and on regional economic conditions within the
22state. The department may not establish a different minimum wage for men and
23women.
Said Those orders shall be subject to review in the manner provided in ch.
24227.
AB5-AA1, s. 1o
1Section 1o. 104.045 of the statutes is renumbered 104.045 (intro.) and
2amended to read:
AB5-AA1,8,5
3104.045 Tipped employees Tips, meals, lodging, and hours worked. 4(intro.) The department shall
by rule determine what amount of promulgate rules
5governing all of the following:
AB5-AA1,8,7
6(1) The counting of tips or similar gratuities
may be counted toward fulfillment
7of the employer's obligation under this chapter.
AB5-AA1, s. 1p
8Section 1p. 104.045 (2) and (3) of the statutes are created to read: