SB147-SSA2,8,23 22104.035 Minimum wage. (1) Employees generally. (a) Minimum rates.
23Except as provided in subs. (2) to (8), the minimum wage is as follows:
SB147-SSA2,8,2424 1. For wages earned before October 1, 2005, $5.70 per hour.
SB147-SSA2,8,2525 2. For wages earned beginning on October 1, 2005, $6.50 per hour.
SB147-SSA2,9,4
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:
SB147-SSA2,9,75 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.
SB147-SSA2,9,108 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.
SB147-SSA2,9,13 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:
SB147-SSA2,9,1414 1. For wages earned before October 1, 2005, $5.30 per hour.
SB147-SSA2,9,1515 2. For wages earned beginning on October 1, 2005, $5.90 per hour.
SB147-SSA2,9,1916 (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:
SB147-SSA2,9,2120 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.
SB147-SSA2,9,2422 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.
SB147-SSA2,10,6
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:
SB147-SSA2,10,87 1. For wages earned by a tipped employee who is not an opportunity employee,
8$2.33 per hour.
SB147-SSA2,10,109 2. For wages earned by a tipped employee who is an opportunity employee,
10$2.13 per hour.
SB147-SSA2,10,1411 (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.
SB147-SSA2,10,16 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:
SB147-SSA2,10,1717 1. For wages earned by an adult agricultural employee, $5.15 per hour.
SB147-SSA2,10,1818 2. For wages earned by a minor agricultural employee, $4.25 per hour.
SB147-SSA2,10,2219 (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:
SB147-SSA2,10,2523 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.
SB147-SSA2,11,3
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.
SB147-SSA2,11,6 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:
SB147-SSA2,11,97 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.
SB147-SSA2,11,1210 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.
SB147-SSA2,11,1513 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.
SB147-SSA2,11,1816 (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:
SB147-SSA2,11,2119 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.
SB147-SSA2,11,2422 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.
SB147-SSA2,12,3
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.
SB147-SSA2,12,4 4(6) Golf caddies. The minimum wage for a golf caddy is as follows:
SB147-SSA2,12,55 (a) For 18 holes, $10.50.
SB147-SSA2,12,66 (b) For 9 holes, $5.90.
SB147-SSA2,12,8 7(7) Minimum wage established by department. The department shall
8promulgate rules providing the minimum wage for all of the following:
SB147-SSA2,12,109 (a) An employee or worker with a disability covered under a license under s.
10104.07.
SB147-SSA2,12,1111 (b) A student learner.
SB147-SSA2,12,1312 (c) A student employed by an independent college or university for less than
1320 hours per week.
SB147-SSA2,12,16 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:
SB147-SSA2,12,1817 (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.
SB147-SSA2,12,2219 (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.
SB147-SSA2,12,2423 (c) An elementary or secondary school student performing student work-like
24activities in the student's school.
SB147-SSA2,13,3
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).
SB147-SSA2, s. 13 4Section 13. 104.04 of the statutes is amended to read:
SB147-SSA2,13,18 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.
SB147-SSA2, s. 14 19Section 14. 104.045 of the statutes is renumbered 104.045 (intro.) and
20amended to read:
SB147-SSA2,13,23 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:
SB147-SSA2,13,25 24(1) The counting of tips or similar gratuities may be counted toward fulfillment
25of the employer's obligation under this chapter.
SB147-SSA2, s. 15
1Section 15. 104.045 (2) and (3) of the statutes are created to read:
SB147-SSA2,14,32 104.045 (2) The deduction of meals or lodging provided by an employer to an
3employee from the employer's obligation under this chapter.
SB147-SSA2,14,5 4(3) The determination of hours worked by an employee during which the
5employee is entitled to a living wage under this chapter.
SB147-SSA2, s. 16 6Section 16. 104.05 of the statutes is amended to read:
SB147-SSA2,14,12 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.
SB147-SSA2, s. 17 13Section 17. 104.06 of the statutes is amended to read:
SB147-SSA2,14,22 14104.06 Wage council; determination. If, upon investigation, the
15department finds that there is reasonable cause to believe that the wages paid to any
16employee are not a living-wage, it living wage, the department shall appoint a wage
17council, selected so as fairly to represent employers, employees, and the public, to
18assist in its investigations and determinations. The living-wage department may
19use the results of an investigation under this section to establish a living wage. A
20living wage
so determined upon shall be the living-wage living wage for all
21employees within the same class as established by the classification of the
22department under s. 104.04.
SB147-SSA2, s. 18 23Section 18. 104.07 (1) of the statutes is amended to read:
SB147-SSA2,15,524 104.07 (1) The department shall make promulgate rules and, except as
25provided under subs. (5) and (6), grant licenses, to any employer who employs any

1employee who is unable to earn the living-wage theretofore determined upon,
2permitting such person to
a living wage so that the employee may work for a wage
3which shall be that is commensurate with the employee's ability and each . Each
4license so granted shall establish a wage for the licensee employees of the licensee
5who are unable to earn a living wage
.
SB147-SSA2, s. 19 6Section 19. 104.07 (2) of the statutes is amended to read:
SB147-SSA2,15,137 104.07 (2) The department shall make promulgate rules and, except as
8provided under subs. (5) and (6), grant licenses to sheltered workshops to permit the
9employment of workers with disabilities who are unable to earn the living-wage at
10a living wage so that those workers may work for a wage that is commensurate with
11their ability abilities and productivity. A license granted to a sheltered workshop
12under this section may be issued for the entire workshop or a department of the
13workshop.
SB147-SSA2, s. 20 14Section 20. 104.08 (1) of the statutes is renumbered 104.08 (2m) and amended
15to read:
SB147-SSA2,15,1916 104.08 (2m) All persons Any person working in an occupation a trade industry
17for which a living-wage living wage has been established for minors, and who shall
18have
has no trade, shall, if employed in an occupation which is a trade industry, be
19indentured under the provisions of s. 106.01.
SB147-SSA2, s. 21 20Section 21. 104.08 (1m) (b) of the statutes is created to read:
SB147-SSA2,15,2321 104.08 (1m) (b) "Trade industry" means an industry involving physical labor
22and characterized by mechanical skill and training such as render a period of
23instruction reasonably necessary.
SB147-SSA2, s. 22 24Section 22. 104.08 (2) of the statutes is renumbered 104.08 (1m) (intro.) and
25amended to read:
SB147-SSA2,16,2
1104.08 (1m) (intro.) A "trade" or a "trade industry" within the meaning of ss.
2104.01 to 104.12 shall be a trade or
In this section:
SB147-SSA2,16,7 3(a) "Trade" means an industry occupation involving physical labor and
4characterized by mechanical skill and training such as render a period of instruction
5reasonably necessary. The department shall investigate, determine and declare
6what occupations and industries are included within the phrase a "trade" or a "trade
7industry".
SB147-SSA2, s. 23 8Section 23. 104.08 (3) of the statutes is renumbered 104.08 (3) (b) and
9amended to read:
SB147-SSA2,16,1110 104.08 (3) (b) The department may make exceptions to the operation of subs.
11(1) and (2) (1m) and (2m) where conditions make their application unreasonable.
SB147-SSA2, s. 24 12Section 24. 104.08 (3) (a) of the statutes is created to read:
SB147-SSA2,16,1413 104.08 (3) (a) The department shall investigate, determine, and declare what
14occupations and industries are included within a trade or a trade industry.
SB147-SSA2, s. 25 15Section 25. 104.10 of the statutes is amended to read:
SB147-SSA2,16,22 16104.10 Penalty for intimidating witness. Any employer who discharges or
17threatens to discharge, or who in any way discriminates , or threatens to
18discriminate, against any employee because the employee has testified or is about
19to testify, or because the employer believes that the employee may testify, in any
20investigation or proceeding relative to the enforcement of ss. 104.01 to 104.12, is
21guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of
22$25
this chapter may be fined $500 for each offense.
SB147-SSA2, s. 26 23Section 26. 104.11 of the statutes is amended to read:
SB147-SSA2,17,2 24104.11 Definition of violation. Each day during which any an employer
25shall employ employs a person for whom a living-wage living wage has been fixed

1established at a wage less than the living-wage fixed established living wage shall
2constitute a separate and distinct violation of ss. 104.01 to 104.12 this chapter.
SB147-SSA2, s. 27 3Section 27. 104.12 of the statutes is amended to read:
SB147-SSA2,17,10 4104.12 Complaints. Any person may register with the department a
5complaint that the wages paid to employees for whom a living-wage living wage has
6been established are less than that rate, and the department shall investigate the
7matter and take all proceedings necessary to enforce the payment of a wage not less
8than the living-wage a living wage. Section 111.322 (2m) applies to discharge and
9other discriminatory acts arising in connection with any proceeding under this
10section.
SB147-SSA2, s. 28 11Section 28. 234.94 (5) of the statutes is amended to read:
SB147-SSA2,17,1512 234.94 (5) "Primary employment" means work which that pays at least the
13minimum wage as established under ch. 104 s. 104.035 (1) or under federal law,
14whichever is greater, offers adequate fringe benefits, including health insurance,
15and is not seasonal or part time.
SB147-SSA2, s. 29 16Section 29. 234.94 (8) of the statutes is amended to read:
SB147-SSA2,17,2217 234.94 (8) "Target group" means a population group for which the
18unemployment level is at least 25% higher than the statewide unemployment level,
19or a population group for which the average wage received is less than 1.2 times the
20minimum wage as established under ch. 104 s. 104.035 (1) or under federal law,
21whichever is greater. No population group is required to be located within a
22contiguous geographic area to be considered a target group.
SB147-SSA2, s. 30 23Section 30. 800.09 (1) (b) of the statutes is amended to read:
SB147-SSA2,18,1224 800.09 (1) (b) If the defendant agrees to perform community service work in
25lieu of making restitution or paying the forfeiture, assessments, and costs, or both,

1the court may order that the defendant perform community service work for a public
2agency or a nonprofit charitable organization that is designated by the court.
3Community service work may be in lieu of restitution only if also agreed to by the
4public agency or nonprofit charitable organization and by the person to whom
5restitution is owed. The court may utilize any available resources, including any
6community service work program, in ordering the defendant to perform community
7service work. The number of hours of community service work required may not
8exceed the number determined by dividing the amount owed on the forfeiture by the
9minimum wage established under ch. 104 for adults in nonagriculture, nontipped
10employment
s. 104.035 (1). The court shall ensure that the defendant is provided a
11written statement of the terms of the community service order and that the
12community service order is monitored.
SB147-SSA2, s. 31 13Section 31. 800.095 (4) (b) 3. of the statutes is amended to read:
SB147-SSA2,19,214 800.095 (4) (b) 3. That the defendant perform community service work for a
15public agency or a nonprofit charitable organization designated by the court, except
16that the court may not order the defendant to perform community service work
17unless the defendant agrees to perform community service work and, if the
18community service work is in lieu of restitution, unless the person to whom the
19restitution is owed agrees. The court may utilize any available resources, including
20any community service work program, in ordering the defendant to perform
21community service work. The number of hours of community service work required
22may not exceed the number determined by dividing the amount owed on the
23forfeiture, or restitution, or both, by the minimum wage established under ch. 104
24for adults in nonagriculture, nontipped employment
s. 104.035 (1). The court shall

1ensure that the defendant is provided a written statement of the terms of the
2community service order and that the community service order is monitored.
SB147-SSA2, s. 32 3Section 32. 895.035 (2m) (c) of the statutes is amended to read:
SB147-SSA2,19,204 895.035 (2m) (c) The court assigned to exercise jurisdiction under chs. 48 and
5938 may order that the juvenile perform community service work for a public agency
6or nonprofit charitable organization that is designated by the court in lieu of making
7restitution or paying the forfeiture or surcharge. If the parent agrees to perform
8community service work in lieu of making restitution or paying the forfeiture or
9surcharge, the court may order that the parent perform community service work for
10a public agency or a nonprofit charitable organization that is designated by the court.
11Community service work may be in lieu of restitution only if also agreed to by the
12public agency or nonprofit charitable organization and by the person to whom
13restitution is owed. The court may utilize any available resources, including any
14community service work program, in ordering the juvenile or parent to perform
15community service work. The number of hours of community service work required
16may not exceed the number determined by dividing the amount owed on the
17restitution, forfeiture, or surcharge by the minimum wage established under ch. 104
18for adults in nonagriculture, nontipped employment
s. 104.035 (1). The court shall
19ensure that the juvenile or parent is provided with a written statement of the terms
20of the community service order and that the community service order is monitored.
SB147-SSA2, s. 33 21Section 33. Effective date.
SB147-SSA2,19,2322 (1) Minimum wage. This act takes effect on the first day of the 3rd month
23beginning after publication.
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