LRBs0082/1
GMM:cjs:rs
2005 - 2006 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 3,
TO 2005 SENATE BILL 147
April 12, 2005 - Offered by Senator Jauch.
SB147-SSA3,1,9
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 104.001, 104.01 (1d), 104.01 (5g), 104.01 (5m),
6104.01 (7m), 104.035, 104.045 (2) and (3), 104.08 (1m) (b) and 104.08 (3) (a) of
7the statutes;
relating to: a state minimum wage; preemption of city, village,
8town, and county minimum wage ordinances; granting rule-making authority;
9and 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 wage 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)
Finally, under current constitutional and statutory home rule provisions, a city
or village may determine its own local affairs subject only to the Wisconsin
Constitution and to any enactment of the legislature that is of statewide concern and
that affects every city or village with uniformity. This substitute amendment
requires that the state minimum wage law be construed as an enactment of
statewide concern for the purpose of providing a living wage that is uniform
throughout the state. As such, the substitute amendment permits a city, village,
town, or county to enact an ordinance establishing a living wage only if the ordinance
strictly conforms to the state minimum wage law.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB147-SSA3,7,42
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.
SB147-SSA3,8,4
2104.001 Statewide concern; uniformity.
(1) This chapter shall be
3construed as an enactment of statewide concern for the purpose of providing a living
4wage that is uniform throughout the state.
SB147-SSA3,8,10
5(2) A city, village, town, or county may enact and administer an ordinance
6establishing a living wage only if the ordinance strictly conforms to this chapter and
7any rules promulgated under this chapter. Except as provided in sub. (3), a city,
8village, town, or county may not administer an ordinance establishing a living wage
9unless that ordinance strictly conforms to this chapter and any rules promulgated
10under this chapter.
SB147-SSA3,8,22
11(3) A city, village, town, or county that has a living wage ordinance in effect on
12the effective date of this subsection .... [revisor inserts date], may maintain and
13administer that ordinance if the department reviews the ordinance and determines
14that the ordinance strictly conforms to this chapter and any rules promulgated under
15this chapter. If the department determines that any part of the existing ordinance
16does not strictly conform to this chapter and any rules promulgated under this
17chapter, the city, village, town, or county may amend the ordinance and submit the
18amended ordinance to the department for a determination of whether the amended
19ordinance strictly conforms to this chapter and any rules promulgated under this
20chapter. A city, village, town, or county may not amend a living wage ordinance
21except to maintain strict conformity with this chapter and any rules promulgated
22under this chapter.
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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.
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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:
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1. For wages earned before October 1, 2005, $5.70 per hour.
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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.