2005 - 2006 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2005 SENATE BILL 12
February 22, 2005 - Offered by Senators Hansen and Robson.
SB12-SSA1,1,8
1An Act to renumber 104.01 (1);
to renumber and amend 104.045, 104.08 (1),
2104.08 (2) and 104.08 (3);
to amend 49.141 (1) (g), 104.01 (intro.), 104.01 (5),
3104.01 (8), 104.02, 104.03, 104.04, 104.05, 104.06, 104.07 (1), 104.07 (2), 104.10,
4104.11, 104.12, 234.94 (5), 234.94 (8), 800.09 (1) (b), 800.095 (4) (b) 3. and
5895.035 (2m) (c); and
to create 104.01 (1d), 104.01 (5g), 104.01 (5m), 104.01
6(7m), 104.035, 104.045 (2) and (3), 104.08 (1m) (b) and 104.08 (3) (a) of the
7statutes;
relating to: a state minimum wage, granting rule-making authority,
8and 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:
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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:
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The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB12-SSA1, s. 1
1Section
1. 49.141 (1) (g) of the statutes is amended to read:
SB12-SSA1,7,42
49.141
(1) (g) "Minimum wage" means the state minimum hourly wage under
3ch. 104 s. 104.035 (1) or the federal minimum hourly wage under
29 USC 206 (a) (1),
4whichever is applicable.
SB12-SSA1, s. 2
5Section
2. 104.01 (intro.) of the statutes is amended to read:
SB12-SSA1,7,7
6104.01 Definitions. (intro.)
The following terms as used in ss. 104.01 to
7104.12 shall be construed as follows In this chapter:
SB12-SSA1, s. 3
8Section
3. 104.01 (1) of the statutes is renumbered 104.01 (1m).
SB12-SSA1, s. 4
9Section
4. 104.01 (1d) of the statutes is created to read:
SB12-SSA1,7,1110
104.01
(1d) "Agricultural employee" means an employee who is employed in
11farming, as defined in s. 102.04 (3).
SB12-SSA1, s. 5
12Section
5. 104.01 (5) of the statutes is amended to read:
SB12-SSA1,7,1613
104.01
(5) The term "living-wage" shall mean "Living wage" means 14compensation for labor paid, whether by time, piecework
, or otherwise, sufficient to
15enable the employee receiving it to maintain himself or herself under conditions
16consistent with his or her welfare.
SB12-SSA1, s. 6
17Section
6. 104.01 (5g) of the statutes is created to read:
SB12-SSA1,8,2
1104.01
(5g) "Minor employee" means a minor who is paid at the applicable
2minimum wage rate for minors.
SB12-SSA1, s. 7
3Section
7. 104.01 (5m) of the statutes is created to read:
SB12-SSA1,8,54
104.01
(5m) "Opportunity employee" means a person under 20 years of age who
5is in the first 90 consecutive days of employment with his or her employer.
SB12-SSA1, s. 8
6Section
8. 104.01 (7m) of the statutes is created to read:
SB12-SSA1,8,97
104.01
(7m) "Tipped employee" means an employee who in the course of
8employment customarily and regularly receives money or other gratuities from
9persons other than the employee's employer.
SB12-SSA1, s. 9
10Section
9. 104.01 (8) of the statutes is amended to read:
SB12-SSA1,8,1211
104.01
(8) The term "wage" and the term "wages" shall each mean "Wage"
12means any compensation for labor measured by time, piece
, or otherwise.
SB12-SSA1,8,16
14104.02 Living-wage prescribed
Living wage required. Every wage paid
15or agreed to be paid by any employer to any employee, except as otherwise provided
16in s. 104.07, shall be not less than a
living-wage
living wage.
SB12-SSA1,8,20
18104.03 Unlawful wages. Any employer paying, offering to pay, or agreeing
19to pay any employee a wage lower or less in value than a
living-wage living wage is
20guilty of a violation of
ss. 104.01 to 104.12 this chapter.
SB12-SSA1,8,23
22104.035 Minimum wage. (1) Employees generally. (a)
Minimum rates.
23Except as provided in subs. (2) to (8), the minimum wage is as follows:
SB12-SSA1,8,2424
1. For wages earned before October 1, 2005, $5.70 per hour.
SB12-SSA1,8,2525
2. For wages earned beginning on October 1, 2005, $6.50 per hour.
SB12-SSA1,9,4
1(b)
Allowances for meals and lodging. Except as provided in subs. (2) (b) and
2(4) (b), if an employer furnishes an employee with meals or lodging in accordance
3with rules promulgated by the department under s. 104.045 (2), the employer may
4deduct the following amounts from the wages of the employee:
SB12-SSA1,9,75
1. For lodging furnished before October 1, 2005, $45.60 per week or $6.50 per
6day and for meals furnished before October 1, 2005, $68.40 per week or $3.25 per
7meal.
SB12-SSA1,9,108
2. For lodging furnished beginning on October 1, 2005, $52 per week or $7.40
9per day and for meals furnished beginning on October 1, 2005, $78 per week or $3.70
10per meal.
SB12-SSA1,9,13
11(2) Minor and opportunity employees. (a)
Minimum rates. Except as provided
12in subs. (3) to (8), the minimum wage for a minor employee or an opportunity
13employee is as follows:
SB12-SSA1,9,1414
1. For wages earned before October 1, 2005, $5.30 per hour.
SB12-SSA1,9,1515
2. For wages earned beginning on October 1, 2005, $5.90 per hour.
SB12-SSA1,9,1916
(b)
Allowances for meals and lodging. Except as provided in sub. (4) (b), if an
17employer furnishes a minor employee or an opportunity employee with meals or
18lodging in accordance with rules promulgated by the department under s. 104.045
19(2), the employer may deduct the following amounts from the wages of the employee:
SB12-SSA1,9,2120
1. For lodging furnished before October 1, 2005, $42.40 per week or $6.05 per
21day and for meals furnished before October 1, 2005, $63.60 per week or $3 per meal.
SB12-SSA1,9,2422
2. For lodging furnished beginning on October 1, 2005, $47.20 per week or $6.75
23per day and for meals furnished beginning on October 1, 2005, $70.80 per week or
24$3.35 per meal.
SB12-SSA1,10,6
1(3) Tipped employees. (a)
Minimum rates. Except as provided in subs. (4) to
2(8), if an employer of a tipped employee establishes by the employer's payroll records
3that, when adding the tips received by the tipped employee in a week to the wages
4paid to the tipped employee in that week, the tipped employee receives not less than
5the applicable minimum wage specified in sub. (1) or (2), the minimum wage for the
6tipped employee is as follows:
SB12-SSA1,10,87
1. For wages earned by a tipped employee who is not an opportunity employee,
8$2.33 per hour.
SB12-SSA1,10,109
2. For wages earned by a tipped employee who is an opportunity employee,
10$2.13 per hour.
SB12-SSA1,10,1411
(b)
Allowances for meals and lodging. If an employer furnishes a tipped
12employee with meals or lodging in accordance with rules promulgated by the
13department under s. 104.045 (2), the employer may deduct the applicable amounts
14specified in subs. (1) (b) or (2) (b) from the wages of the tipped employee.
SB12-SSA1,10,16
15(4) Agricultural employees. (a)
Minimum rates. Except as provided in subs.
16(7) and (8), the minimum wage for an agricultural employee is as follows:
SB12-SSA1,10,1717
1. For wages earned by an adult agricultural employee, $5.15 per hour.
SB12-SSA1,10,1818
2. For wages earned by a minor agricultural employee, $4.25 per hour.
SB12-SSA1,10,2219
(b)
Allowances for meals and lodging. If an employer furnishes an agricultural
20employee with meals or lodging in accordance with rules promulgated by the
21department under s. 104.045 (2), the employer may deduct the following amounts
22from the wages of the employee:
SB12-SSA1,10,2523
1. For lodging furnished to an adult agricultural employee, $41.20 per week or
24$5.90 per day and for meals furnished to an adult agricultural employee, $61.80 per
25week or $2.95 per meal.
SB12-SSA1,11,3
12. For lodging furnished to a minor agricultural employee, $34 per week or
2$4.85 per day and for meals furnished to a minor agricultural employee, $51 per week
3or $2.40 per meal.
SB12-SSA1,11,6
4(5) Camp counselors. (a)
Minimum rates for adult counselors. The minimum
5wage for a counselor at a seasonal recreational or educational camp, including a day
6camp, who is an adult is as follows:
SB12-SSA1,11,97
1. For wages earned before October 1, 2005, $215 per week if meals and lodging
8are not furnished, $164 per week if only meals are furnished, and $129 per week if
9both meals and lodging are furnished.
SB12-SSA1,11,1210
2. For wages earned beginning on October 1, 2005, $270 per week if meals and
11lodging are not furnished, $217 per week if only meals are furnished, and $171 per
12week if both meals and lodging are furnished.
SB12-SSA1,11,1513
3. For wages earned beginning on October 1, 2006, $315 per week if meals and
14lodging are not furnished, $240 per week if only meals are furnished, and $189 per
15week if both meals and lodging are furnished.
SB12-SSA1,11,1816
(b)
Minimum rates for minor counselors. The minimum wage for a counselor
17at a seasonal recreational or educational camp, including a day camp, who is a minor
18is as follows:
SB12-SSA1,11,2119
1. For wages earned before October 1, 2005, $175 per week if meals and lodging
20are not furnished, $133 per week if only meals are furnished, and $105 per week if
21both meals and lodging are furnished.
SB12-SSA1,11,2422
2. For wages earned beginning on October 1, 2005, $225 per week if meals and
23lodging are not furnished, $171 per week if only meals are furnished, and $135 per
24week if both meals and lodging are furnished.
SB12-SSA1,12,3
13. For wages earned beginning on October 1, 2006, $275 per week if meals and
2lodging are not furnished, $209 per week if only meals are furnished, and $165 per
3week if both meals and lodging are furnished.
SB12-SSA1,12,4
4(6) Golf caddies. The minimum wage for a golf caddy is as follows:
SB12-SSA1,12,55
(a) For 18 holes, $10.50.
SB12-SSA1,12,66
(b) For 9 holes, $5.90.
SB12-SSA1,12,8
7(7) Minimum wage established by department. The department shall
8promulgate rules providing the minimum wage for all of the following:
SB12-SSA1,12,109
(a) An employee or worker with a disability covered under a license under s.
10104.07.
SB12-SSA1,12,1111
(b) A student learner.
SB12-SSA1,12,1312
(c) A student employed by an independent college or university for less than
1320 hours per week.
SB12-SSA1,12,16
14(8) Employment exempted by department. The department shall promulgate
15rules exempting from the minimum wage requirements under subs. (1) to (7) all of
16the following:
SB12-SSA1,12,1817
(a) A person engaged in casual employment in and around an employer's home
18on an irregular or intermittent basis for not more than 15 hours per week.
SB12-SSA1,12,2219
(b) A person who resides with and who provides companionship and care, not
20including practical or professional nursing, as defined in s. 441.001 (3) and (4), and
21not more than 15 hours per week of general household work for an employer who, due
22to advanced age or physical or mental disability, cannot care for his or her own needs.
SB12-SSA1,12,2423
(c) An elementary or secondary school student performing student work-like
24activities in the student's school.
SB12-SSA1,13,3
1(9) Department may revise. The department may promulgate rules to increase
2a minimum wage or an allowance for meals and lodging provided under subs. (1) to
3(7).
SB12-SSA1,13,18
5104.04 Classifications; department's authority. The department shall
6investigate, ascertain, determine
, and fix such reasonable classifications, and shall
7impose general or special orders, determining the
living-wage living wage, and shall
8carry out the purposes of
ss. 104.01 to 104.12. Such
this chapter. Those 9investigations, classifications
, and orders shall be made as provided under s.
10103.005, and the penalties specified in s. 103.005 (12) shall apply to and be imposed
11for any violation of
ss. 104.01 to 104.12 this chapter. In determining the
living-wage 12living wage, the department may consider the effect that an increase in the
13living-wage living wage might have on the economy of the state, including the effect
14of a
living-wage living wage increase on job creation, retention
, and expansion, on
15the availability of entry-level jobs
, and on regional economic conditions within the
16state. The department may not establish a different minimum wage for men and
17women.
Said Those orders shall be subject to review in the manner provided in ch.
18227.
SB12-SSA1, s. 14
19Section
14. 104.045 of the statutes is renumbered 104.045 (intro.) and
20amended to read:
SB12-SSA1,13,23
21104.045 Tipped employees Tips, meals, lodging, and hours worked. 22(intro.) The department shall
by rule determine what amount of promulgate rules
23governing all of the following:
SB12-SSA1,13,25
24(1) The counting of tips or similar gratuities
may be counted toward fulfillment
25of the employer's obligation under this chapter.
SB12-SSA1, s. 15
1Section
15. 104.045 (2) and (3) of the statutes are created to read:
SB12-SSA1,14,32
104.045
(2) The deduction of meals or lodging provided by an employer to an
3employee from the employer's obligation under this chapter.
SB12-SSA1,14,5
4(3) The determination of hours worked by an employee during which the
5employee is entitled to a living wage under this chapter.
SB12-SSA1,14,12
7104.05 Complaints; investigation. The department shall, within 20 days
8after the filing of a verified complaint of any person
setting forth alleging that the
9wages paid to any employee
in any occupation are not sufficient to enable the
10employee to maintain himself or herself under conditions consistent with his or her
11welfare, investigate and determine whether there is reasonable cause to believe that
12the wage paid to
any the employee is not a
living-wage living wage.