AB91-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.
AB91-AA1, s. 1f
8Section 1f. 104.045 (2) and (3) of the statutes are created to read:
AB91-AA1,8,109
104.045
(2) The deduction of meals or lodging provided by an employer to an
10employee from the employer's obligation under this chapter.
AB91-AA1,8,12
11(3) The determination of hours worked by an employee during which the
12employee is entitled to a living wage under this chapter.
AB91-AA1,8,19
14104.05 Complaints; investigation. The department shall, within 20 days
15after the filing of a verified complaint of any person
setting forth alleging that the
16wages paid to any employee
in any occupation are not sufficient to enable the
17employee to maintain himself or herself under conditions consistent with his or her
18welfare, investigate and determine whether there is reasonable cause to believe that
19the wage paid to
any the employee is not a
living-wage living wage.
AB91-AA1,9,4
21104.06 Wage council; determination. If, upon investigation, the
22department finds that there is reasonable cause to believe that the wages paid to any
23employee are not a
living-wage, it living wage, the department shall appoint a wage
24council, selected so as fairly to represent employers, employees
, and the public, to
25assist in its investigations and determinations. The
living-wage department may
1use the results of an investigation under this section to establish a living wage. A
2living wage so determined
upon shall be the
living-wage living wage for all
3employees within the same class as established by the
classification of the 4department
under s. 104.04.
AB91-AA1, s. 1i
5Section 1i. 104.07 (1) of the statutes is amended to read:
AB91-AA1,9,126
104.07
(1) The department shall
make
promulgate rules and, except as
7provided under subs. (5) and (6), grant licenses, to any employer who employs any
8employee
who is unable to earn
the living-wage theretofore determined upon,
9permitting such person to a living wage so that the employee may work for a wage
10which shall be that is commensurate with
the employee's ability
and each
. Each 11license so granted shall establish a wage for the
licensee employees of the licensee
12who are unable to earn a living wage.
AB91-AA1, s. 1j
13Section 1j. 104.07 (2) of the statutes is amended to read:
AB91-AA1,9,2014
104.07
(2) The department shall
make
promulgate rules and, except as
15provided under subs. (5) and (6), grant licenses to sheltered workshops to permit the
16employment of workers with disabilities who are unable to earn
the living-wage at 17a living wage so that those workers may work for a wage that is commensurate with
18their
ability abilities and productivity. A license granted to a sheltered workshop
19under this section may be issued for the entire workshop or a department of the
20workshop.
AB91-AA1, s. 1k
21Section 1k. 104.08 (1) of the statutes is renumbered 104.08 (2m) and amended
22to read:
AB91-AA1,9,2423
104.08
(2m) All persons Any person working in
an occupation a trade industry 24for which a
living-wage living wage has been established for minors, and who
shall
1have has no trade, shall
, if employed in an occupation which is a trade industry, be
2indentured under
the provisions of s. 106.01.
AB91-AA1, s. 1m
3Section 1m. 104.08 (1m) (b) of the statutes is created to read:
AB91-AA1,10,64
104.08
(1m) (b) "Trade industry" means an industry involving physical labor
5and characterized by mechanical skill and training such as render a period of
6instruction reasonably necessary.
AB91-AA1, s. 1n
7Section 1n. 104.08 (2) of the statutes is renumbered 104.08 (1m) (intro.) and
8amended to read:
AB91-AA1,10,109
104.08
(1m) (intro.)
A "trade" or a "trade industry" within the meaning of ss.
10104.01 to 104.12 shall be a trade or In this section:
AB91-AA1,10,15
11(a) "Trade" means an
industry
occupation involving physical labor and
12characterized by mechanical skill and training such as render a period of instruction
13reasonably necessary.
The department shall investigate, determine and declare
14what occupations and industries are included within the phrase a "trade" or a "trade
15industry".
AB91-AA1, s. 1pc
16Section 1pc. 104.08 (3) of the statutes is renumbered 104.08 (3) (b) and
17amended to read:
AB91-AA1,10,1918
104.08
(3) (b) The department may make exceptions to the operation of subs.
19(1) and (2) (1m) and (2m) where conditions make their application unreasonable.
AB91-AA1, s. 1pm
20Section 1pm. 104.08 (3) (a) of the statutes is created to read:
AB91-AA1,10,2221
104.08
(3) (a) The department shall investigate, determine, and declare what
22occupations and industries are included within a trade or a trade industry.
AB91-AA1,11,5
24104.10 Penalty for intimidating witness. Any employer who discharges or
25threatens to discharge, or
who in any way discriminates
, or threatens to
1discriminate
, against any employee because the employee has testified or is about
2to testify, or because the employer believes that the employee may testify, in any
3investigation or proceeding relative to the enforcement of
ss. 104.01 to 104.12, is
4guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of
5$25 this chapter may be fined $500 for each offense.
AB91-AA1,11,10
7104.11 Definition of violation. Each day during which
any an employer
8shall employ employs a person for whom a
living-wage living wage has been
fixed 9established at a wage less than the
living-wage fixed established living wage shall
10constitute a separate and distinct violation of
ss. 104.01 to 104.12 this chapter.
AB91-AA1,11,18
12104.12 Complaints. Any person may register with the department a
13complaint that the wages paid to employees for whom a
living-wage living wage has
14been established are less than that rate, and the department shall investigate the
15matter and take all proceedings necessary to enforce the payment of a wage not less
16than
the living-wage a living wage. Section 111.322 (2m) applies to discharge and
17other discriminatory acts arising in connection with any proceeding under this
18section.
AB91-AA1, s. 1s
19Section 1s. 234.94 (5) of the statutes is amended to read:
AB91-AA1,11,2320
234.94
(5) "Primary employment" means work
which that pays at least the
21minimum wage as established under
ch. 104 s. 104.035 (1) or under federal law,
22whichever is greater, offers adequate fringe benefits, including health insurance,
23and is not seasonal or part time.
AB91-AA1, s. 1t
24Section 1t. 234.94 (8) of the statutes is amended to read:
AB91-AA1,12,6
1234.94
(8) "Target group" means a population group for which the
2unemployment level is at least 25% higher than the statewide unemployment level,
3or a population group for which the average wage received is less than 1.2 times the
4minimum wage as established under
ch. 104 s. 104.035 (1) or under federal law,
5whichever is greater. No population group is required to be located within a
6contiguous geographic area to be considered a target group.
AB91-AA1, s. 1u
7Section 1u. 800.09 (1) (b) of the statutes is amended to read:
AB91-AA1,12,218
800.09
(1) (b) If the defendant agrees to perform community service work in
9lieu of making restitution or paying the forfeiture, assessments
, and costs, or both,
10the court may order that the defendant perform community service work for a public
11agency or a nonprofit charitable organization that is designated by the court.
12Community service work may be in lieu of restitution only if also agreed to by the
13public agency or nonprofit charitable organization and by the person to whom
14restitution is owed. The court may utilize any available resources, including any
15community service work program, in ordering the defendant to perform community
16service work. The number of hours of community service work required may not
17exceed the number determined by dividing the amount owed on the forfeiture by the
18minimum wage established under
ch. 104 for adults in nonagriculture, nontipped
19employment s. 104.035 (1). The court shall ensure that the defendant is provided a
20written statement of the terms of the community service order and that the
21community service order is monitored.".
AB91-AA1,12,24
24"
Section 1x. 800.095 (4) (b) 3. of the statutes is amended to read:
AB91-AA1,13,13
1800.095
(4) (b) 3. That the defendant perform community service work for a
2public agency or a nonprofit charitable organization designated by the court, except
3that the court may not order the defendant to perform community service work
4unless the defendant agrees to perform community service work and, if the
5community service work is in lieu of restitution, unless the person to whom the
6restitution is owed agrees. The court may utilize any available resources, including
7any community service work program, in ordering the defendant to perform
8community service work. The number of hours of community service work required
9may not exceed the number determined by dividing the amount owed on the
10forfeiture
, or restitution, or both, by the minimum wage established under
ch. 104
11for adults in nonagriculture, nontipped employment s. 104.035 (1). The court shall
12ensure that the defendant is provided a written statement of the terms of the
13community service order and that the community service order is monitored.
AB91-AA1, s. 1xx
14Section 1xx. 895.035 (2m) (c) of the statutes is amended to read:
AB91-AA1,14,615
895.035
(2m) (c) The court assigned to exercise jurisdiction under chs. 48 and
16938 may order that the juvenile perform community service work for a public agency
17or nonprofit charitable organization that is designated by the court in lieu of making
18restitution or paying the forfeiture or surcharge. If the parent agrees to perform
19community service work in lieu of making restitution or paying the forfeiture or
20surcharge, the court may order that the parent perform community service work for
21a public agency or a nonprofit charitable organization that is designated by the court.
22Community service work may be in lieu of restitution only if also agreed to by the
23public agency or nonprofit charitable organization and by the person to whom
24restitution is owed. The court may utilize any available resources, including any
25community service work program, in ordering the juvenile or parent to perform
1community service work. The number of hours of community service work required
2may not exceed the number determined by dividing the amount owed on the
3restitution, forfeiture
, or surcharge by the minimum wage established under
ch. 104
4for adults in nonagriculture, nontipped employment s. 104.035 (1). The court shall
5ensure that the juvenile or parent is provided with a written statement of the terms
6of the community service order and that the community service order is monitored.".
AB91-AA1,14,11
10"
Section 3m.
Effective dates. This act takes effect on the day after
11publication, except as follows:
AB91-AA1,14,18
12(1) Minimum wage. The treatment of sections 49.141 (1) (g), 104.01 (intro.), (1),
13(1d), (5), (5g), (5m), (7m), and (8), 104.02, 104.03, 104.035, 104.04, 104.05, 104.06,
14104.07 (1) and (2), 104.08 (1), (1m) (b), and (2), 104.10, 104.11, 104.12, 234.94 (5) and
15(8), 800.09 (1) (b), 800.095 (4) (b) 3., and 895.035 (2m) (c) of the statutes, the
16renumbering and amendment of sections 104.045 and 104.08 (3) of the statutes, and
17the creation of sections 104.045 (2) and (3) and 104.08 (3) (a) of the statutes take effect
18on the first day of the 3rd month beginning after publication.".