SB147-SSA3,8,24
23(4) A county ordinance enacted under this section does not apply within any
24city, village, or town that has enacted or enacts an ordinance under this section.
SB147-SSA3,9,3
1(5) This section does not affect the requirement that employees employed on
2a public works project contracted for by a city, village, town, or county be paid at the
3prevailing wage rate, as defined in s. 66.0903 (1) (g), as required under s. 66.0903.
SB147-SSA3, s. 3
4Section
3. 104.01 (intro.) of the statutes is amended to read:
SB147-SSA3,9,6
5104.01 Definitions. (intro.)
The following terms as used in ss. 104.01 to
6104.12 shall be construed as follows In this chapter:
SB147-SSA3, s. 4
7Section
4. 104.01 (1) of the statutes is renumbered 104.01 (1m).
SB147-SSA3,9,109
104.01
(1d) "Agricultural employee" means an employee who is employed in
10farming, as defined in s. 102.04 (3).
SB147-SSA3,9,1512
104.01
(5) The term "living-wage" shall mean "Living wage" means 13compensation for labor paid, whether by time, piecework
, or otherwise, sufficient to
14enable the employee receiving it to maintain himself or herself under conditions
15consistent with his or her welfare.
SB147-SSA3,9,1817
104.01
(5g) "Minor employee" means a minor who is paid at the applicable
18minimum wage rate for minors.
SB147-SSA3,9,2120
104.01
(5m) "Opportunity employee" means a person under 20 years of age who
21is in the first 90 consecutive days of employment with his or her employer.
SB147-SSA3,9,2523
104.01
(7m) "Tipped employee" means an employee who in the course of
24employment customarily and regularly receives money or other gratuities from
25persons other than the employee's employer.
SB147-SSA3,10,32
104.01
(8) The term "wage" and the term "wages" shall each mean "Wage"
3means any compensation for labor measured by time, piece
, or otherwise.
SB147-SSA3,10,7
5104.02 Living-wage prescribed
Living wage required. Every wage paid
6or agreed to be paid by any employer to any employee, except as otherwise provided
7in s. 104.07, shall be not less than a
living-wage
living wage.
SB147-SSA3,10,11
9104.03 Unlawful wages. Any employer paying, offering to pay, or agreeing
10to pay any employee a wage lower or less in value than a
living-wage living wage is
11guilty of a violation of
ss. 104.01 to 104.12 this chapter.
SB147-SSA3,10,14
13104.035 Minimum wage. (1) Employees generally. (a)
Minimum rates.
14Except as provided in subs. (2) to (8), the minimum wage is as follows:
SB147-SSA3,10,1515
1. For wages earned before October 1, 2005, $5.70 per hour.
SB147-SSA3,10,1616
2. For wages earned beginning on October 1, 2005, $6.50 per hour.
SB147-SSA3,10,2017
(b)
Allowances for meals and lodging. Except as provided in subs. (2) (b) and
18(4) (b), if an employer furnishes an employee with meals or lodging in accordance
19with rules promulgated by the department under s. 104.045 (2), the employer may
20deduct the following amounts from the wages of the employee:
SB147-SSA3,10,2321
1. For lodging furnished before October 1, 2005, $45.60 per week or $6.50 per
22day and for meals furnished before October 1, 2005, $68.40 per week or $3.25 per
23meal.
SB147-SSA3,11,3
12. For lodging furnished beginning on October 1, 2005, $52 per week or $7.40
2per day and for meals furnished beginning on October 1, 2005, $78 per week or $3.70
3per meal.
SB147-SSA3,11,6
4(2) Minor and opportunity employees. (a)
Minimum rates. Except as provided
5in subs. (3) to (8), the minimum wage for a minor employee or an opportunity
6employee is as follows:
SB147-SSA3,11,77
1. For wages earned before October 1, 2005, $5.30 per hour.
SB147-SSA3,11,88
2. For wages earned beginning on October 1, 2005, $5.90 per hour.
SB147-SSA3,11,129
(b)
Allowances for meals and lodging. Except as provided in sub. (4) (b), if an
10employer furnishes a minor employee or an opportunity employee with meals or
11lodging in accordance with rules promulgated by the department under s. 104.045
12(2), the employer may deduct the following amounts from the wages of the employee:
SB147-SSA3,11,1413
1. For lodging furnished before October 1, 2005, $42.40 per week or $6.05 per
14day and for meals furnished before October 1, 2005, $63.60 per week or $3 per meal.
SB147-SSA3,11,1715
2. For lodging furnished beginning on October 1, 2005, $47.20 per week or $6.75
16per day and for meals furnished beginning on October 1, 2005, $70.80 per week or
17$3.35 per meal.
SB147-SSA3,11,23
18(3) Tipped employees. (a)
Minimum rates. Except as provided in subs. (4) to
19(8), if an employer of a tipped employee establishes by the employer's payroll records
20that, when adding the tips received by the tipped employee in a week to the wages
21paid to the tipped employee in that week, the tipped employee receives not less than
22the applicable minimum wage specified in sub. (1) or (2), the minimum wage for the
23tipped employee is as follows:
SB147-SSA3,11,2524
1. For wages earned by a tipped employee who is not an opportunity employee,
25$2.33 per hour.
SB147-SSA3,12,2
12. For wages earned by a tipped employee who is an opportunity employee,
2$2.13 per hour.
SB147-SSA3,12,63
(b)
Allowances for meals and lodging. If an employer furnishes a tipped
4employee with meals or lodging in accordance with rules promulgated by the
5department under s. 104.045 (2), the employer may deduct the applicable amounts
6specified in subs. (1) (b) or (2) (b) from the wages of the tipped employee.
SB147-SSA3,12,8
7(4) Agricultural employees. (a)
Minimum rates. Except as provided in subs.
8(7) and (8), the minimum wage for an agricultural employee is as follows:
SB147-SSA3,12,99
1. For wages earned by an adult agricultural employee, $5.15 per hour.
SB147-SSA3,12,1010
2. For wages earned by a minor agricultural employee, $4.25 per hour.
SB147-SSA3,12,1411
(b)
Allowances for meals and lodging. If an employer furnishes an agricultural
12employee with meals or lodging in accordance with rules promulgated by the
13department under s. 104.045 (2), the employer may deduct the following amounts
14from the wages of the employee:
SB147-SSA3,12,1715
1. For lodging furnished to an adult agricultural employee, $41.20 per week or
16$5.90 per day and for meals furnished to an adult agricultural employee, $61.80 per
17week or $2.95 per meal.
SB147-SSA3,12,2018
2. For lodging furnished to a minor agricultural employee, $34 per week or
19$4.85 per day and for meals furnished to a minor agricultural employee, $51 per week
20or $2.40 per meal.
SB147-SSA3,12,23
21(5) Camp counselors. (a)
Minimum rates for adult counselors. The minimum
22wage for a counselor at a seasonal recreational or educational camp, including a day
23camp, who is an adult is as follows:
SB147-SSA3,13,3
11. For wages earned before October 1, 2005, $215 per week if meals and lodging
2are not furnished, $164 per week if only meals are furnished, and $129 per week if
3both meals and lodging are furnished.
SB147-SSA3,13,64
2. For wages earned beginning on October 1, 2005, $270 per week if meals and
5lodging are not furnished, $217 per week if only meals are furnished, and $171 per
6week if both meals and lodging are furnished.
SB147-SSA3,13,97
3. For wages earned beginning on October 1, 2006, $315 per week if meals and
8lodging are not furnished, $240 per week if only meals are furnished, and $189 per
9week if both meals and lodging are furnished.
SB147-SSA3,13,1210
(b)
Minimum rates for minor counselors. The minimum wage for a counselor
11at a seasonal recreational or educational camp, including a day camp, who is a minor
12is as follows:
SB147-SSA3,13,1513
1. For wages earned before October 1, 2005, $175 per week if meals and lodging
14are not furnished, $133 per week if only meals are furnished, and $105 per week if
15both meals and lodging are furnished.
SB147-SSA3,13,1816
2. For wages earned beginning on October 1, 2005, $225 per week if meals and
17lodging are not furnished, $171 per week if only meals are furnished, and $135 per
18week if both meals and lodging are furnished.
SB147-SSA3,13,2119
3. For wages earned beginning on October 1, 2006, $275 per week if meals and
20lodging are not furnished, $209 per week if only meals are furnished, and $165 per
21week if both meals and lodging are furnished.
SB147-SSA3,13,22
22(6) Golf caddies. The minimum wage for a golf caddy is as follows:
SB147-SSA3,13,2323
(a) For 18 holes, $10.50.
SB147-SSA3,13,2424
(b) For 9 holes, $5.90.
SB147-SSA3,14,2
1(7) Minimum wage established by department. The department shall
2promulgate rules providing the minimum wage for all of the following:
SB147-SSA3,14,43
(a) An employee or worker with a disability covered under a license under s.
4104.07.
SB147-SSA3,14,55
(b) A student learner.
SB147-SSA3,14,76
(c) A student employed by an independent college or university for less than
720 hours per week.
SB147-SSA3,14,10
8(8) Employment exempted by department. The department shall promulgate
9rules exempting from the minimum wage requirements under subs. (1) to (7) all of
10the following:
SB147-SSA3,14,1211
(a) A person engaged in casual employment in and around an employer's home
12on an irregular or intermittent basis for not more than 15 hours per week.
SB147-SSA3,14,1613
(b) A person who resides with and who provides companionship and care, not
14including practical or professional nursing, as defined in s. 441.001 (3) and (4), and
15not more than 15 hours per week of general household work for an employer who, due
16to advanced age or physical or mental disability, cannot care for his or her own needs.
SB147-SSA3,14,1817
(c) An elementary or secondary school student performing student work-like
18activities in the student's school.
SB147-SSA3,14,21
19(9) Department may revise. The department may promulgate rules to increase
20a minimum wage or an allowance for meals and lodging provided under subs. (1) to
21(7).
SB147-SSA3,15,11
23104.04 Classifications; department's authority. The department shall
24investigate, ascertain, determine
, and fix such reasonable classifications, and shall
25impose general or special orders, determining the
living-wage living wage, and shall
1carry out the purposes of
ss. 104.01 to 104.12. Such this chapter. Those 2investigations, classifications
, and orders shall be made as provided under s.
3103.005, and the penalties specified in s. 103.005 (12) shall apply to and be imposed
4for any violation of
ss. 104.01 to 104.12 this chapter. In determining the
living-wage 5living wage, the department may consider the effect that an increase in the
6living-wage living wage might have on the economy of the state, including the effect
7of a
living-wage living wage increase on job creation, retention
, and expansion, on
8the availability of entry-level jobs
, and on regional economic conditions within the
9state. The department may not establish a different minimum wage for men and
10women.
Said Those orders shall be subject to review in the manner provided in ch.
11227.
SB147-SSA3, s. 15
12Section
15. 104.045 of the statutes is renumbered 104.045 (intro.) and
13amended to read:
SB147-SSA3,15,16
14104.045 Tipped employees Tips, meals, lodging, and hours worked. 15(intro.) The department shall
by rule determine what amount of promulgate rules
16governing all of the following:
SB147-SSA3,15,18
17(1) The counting of tips or similar gratuities
may be counted toward fulfillment
18of the employer's obligation under this chapter.
SB147-SSA3, s. 16
19Section
16. 104.045 (2) and (3) of the statutes are created to read:
SB147-SSA3,15,2120
104.045
(2) The deduction of meals or lodging provided by an employer to an
21employee from the employer's obligation under this chapter.
SB147-SSA3,15,23
22(3) The determination of hours worked by an employee during which the
23employee is entitled to a living wage under this chapter.
SB147-SSA3,16,6
1104.05 Complaints; investigation. The department shall, within 20 days
2after the filing of a verified complaint of any person
setting forth alleging that the
3wages paid to any employee
in any occupation are not sufficient to enable the
4employee to maintain himself or herself under conditions consistent with his or her
5welfare, investigate and determine whether there is reasonable cause to believe that
6the wage paid to
any the employee is not a
living-wage living wage.
SB147-SSA3,16,16
8104.06 Wage council; determination. If, upon investigation, the
9department finds that there is reasonable cause to believe that the wages paid to any
10employee are not a
living-wage, it living wage, the department shall appoint a wage
11council, selected so as fairly to represent employers, employees
, and the public, to
12assist in its investigations and determinations. The
living-wage department may
13use the results of an investigation under this section to establish a living wage. A
14living wage so determined
upon shall be the
living-wage living wage for all
15employees within the same class as established by the
classification of the 16department
under s. 104.04.
SB147-SSA3,16,2418
104.07
(1) The department shall
make
promulgate rules and, except as
19provided under subs. (5) and (6), grant licenses, to any employer who employs any
20employee
who is unable to earn
the living-wage theretofore determined upon,
21permitting such person to a living wage so that the employee may work for a wage
22which shall be that is commensurate with
the employee's ability
and each
. Each 23license so granted shall establish a wage for the
licensee employees of the licensee
24who are unable to earn a living wage.
SB147-SSA3,17,7
1104.07
(2) The department shall
make promulgate rules and, except as
2provided under subs. (5) and (6), grant licenses to sheltered workshops to permit the
3employment of workers with disabilities who are unable to earn
the living-wage at 4a living wage so that those workers may work for a wage that is commensurate with
5their
ability abilities and productivity. A license granted to a sheltered workshop
6under this section may be issued for the entire workshop or a department of the
7workshop.
SB147-SSA3, s. 21
8Section
21. 104.08 (1) of the statutes is renumbered 104.08 (2m) and amended
9to read:
SB147-SSA3,17,1310
104.08
(2m) All persons Any person working in
an occupation a trade industry 11for which a
living-wage living wage has been established for minors, and who
shall
12have has no trade, shall
, if employed in an occupation which is a trade industry, be
13indentured under
the provisions of s. 106.01.
SB147-SSA3,17,1715
104.08
(1m) (b) "Trade industry" means an industry involving physical labor
16and characterized by mechanical skill and training such as render a period of
17instruction reasonably necessary.
SB147-SSA3, s. 23
18Section
23. 104.08 (2) of the statutes is renumbered 104.08 (1m) (intro.) and
19amended to read:
SB147-SSA3,17,2120
104.08
(1m) (intro.)
A "trade" or a "trade industry" within the meaning of ss.
21104.01 to 104.12 shall be a trade or In this section:
SB147-SSA3,18,2
22(a) "Trade" means an
industry
occupation involving physical labor and
23characterized by mechanical skill and training such as render a period of instruction
24reasonably necessary.
The department shall investigate, determine and declare
1what occupations and industries are included within the phrase a "trade" or a "trade
2industry".
SB147-SSA3, s. 24
3Section
24. 104.08 (3) of the statutes is renumbered 104.08 (3) (b) and
4amended to read:
SB147-SSA3,18,65
104.08
(3) (b) The department may make exceptions to the operation of subs.
6(1) and (2) (1m) and (2m) where conditions make their application unreasonable.