LRBs0028/1
GMM:wlj&jld:ch
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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See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
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See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
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See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
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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See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
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: