AB49, s. 5 20Section 5. 104.03 of the statutes is amended to read:
AB49,3,23 21104.03 Unlawful wages. Any employer paying, offering to pay, or agreeing
22to pay any employee a wage lower or less in value than a living-wage living wage is
23guilty of a violation of ss. 104.01 to 104.12 this chapter.
AB49, s. 6 24Section 6. 104.04 of the statutes is amended to read:
AB49,4,13
1104.04 Classifications; department's authority. The department shall
2investigate, ascertain, determine, and fix such reasonable classifications, and shall
3impose general or special orders, determining the living-wage living wage, and shall
4carry out the purposes of ss. 104.01 to 104.12 this chapter. Such investigations,
5classifications, and orders shall be made as provided under s. 103.005, and the
6penalties specified in s. 103.005 (12) shall apply to and be imposed for any violation
7of ss. 104.01 to 104.12 this chapter. In determining the living-wage living wage, the
8department may consider the effect that an increase in the living-wage living wage
9might have on the economy of the state, including the effect of a living-wage living
10wage
increase on job creation, retention, and expansion, on the availability of
11entry-level jobs, and on regional economic conditions within the state. The
12department may not establish a different minimum wage for men and women. Said
13orders shall be subject to review in the manner provided in ch. 227.
AB49, s. 7 14Section 7. 104.05 of the statutes is amended to read:
AB49,4,20 15104.05 Complaints; investigation. The department shall, within 20 days
16after the filing of a verified complaint of any person setting forth that the wages paid
17to any employee in any occupation are not sufficient to enable the employee to
18maintain himself or herself under conditions consistent with his or her welfare,
19investigate and determine whether there is reasonable cause to believe that the wage
20paid to any employee is not a living-wage living wage.
AB49, s. 8 21Section 8. 104.06 of the statutes is amended to read:
AB49,5,3 22104.06 Wage council; determination. If, upon investigation, the
23department finds that there is reasonable cause to believe that the wages paid to any
24employee are not a living-wage, it living wage, the department shall appoint a wage
25council, selected so as fairly to represent employers, employees, and the public, to

1assist in its investigations and determinations. The living-wage living wage so
2determined upon shall be the living-wage living wage for all employees within the
3same class as established by the classification of the department.
AB49, s. 9 4Section 9. 104.07 (1) of the statutes is amended to read:
AB49,5,105 104.07 (1) The department shall make rules, and, except as provided under
6subs. (5) and (6), grant licenses, to any employer who employs any employee who is
7unable to earn the living-wage theretofore determined upon living wage determined
8by the department
, permitting such person the employee to work for a wage which
9shall be
that is commensurate with the employee's ability and each. Each license so
10granted shall establish a wage for the licensee.
AB49, s. 10 11Section 10. 104.07 (2) of the statutes is amended to read:
AB49,5,1712 104.07 (2) The department shall make rules, and, except as provided under
13subs. (5) and (6), grant licenses to sheltered workshops, to permit the employment
14of workers with disabilities who are unable to earn the living-wage living wage at
15a wage that is commensurate with their ability and productivity. A license granted
16to a sheltered workshop under this section subsection may be issued for the entire
17workshop or a department of the workshop.
AB49, s. 11 18Section 11. 104.08 (1) of the statutes is renumbered 104.08 (2m) and amended
19to read:
AB49,5,2320 104.08 (2m) All persons Any person working in an occupation a trade industry
21for which a living-wage living wage has been established for minors, and who shall
22have
has no trade, shall, if employed in an occupation which is a trade industry, be
23indentured under the provisions of s. 106.01.
AB49, s. 12 24Section 12. 104.08 (1m) (b) of the statutes is created to read:
AB49,6,3
1104.08 (1m) (b) "Trade industry" means an industry involving physical labor
2and characterized by mechanical skill and training such as render a period of
3instruction reasonably necessary.
AB49, s. 13 4Section 13. 104.08 (2) of the statutes is renumbered 104.08 (1m) (intro.) and
5amended to read:
AB49,6,76 104.08 (1m) (intro.) A "trade" or a "trade industry" within the meaning of ss.
7104.01 to 104.12 shall be a trade or
In this section:
AB49,6,10 8(a) "Trade" means an industry occupation involving physical labor and
9characterized by mechanical skill and training such as render a period of instruction
10reasonably necessary.
AB49,6,13 11(3) (a) The department shall investigate, determine, and declare what
12occupations and industries are included within the phrase a "trade" or a "trade
13industry".."
AB49, s. 14 14Section 14. 104.08 (3) of the statutes is renumbered 104.08 (3) (b) and
15amended to read:
AB49,6,1716 104.08 (3) (b) The department may make exceptions to the operation of subs.
17(1) and (2) where
sub. (2m) when conditions make their its application unreasonable.
AB49, s. 15 18Section 15. 104.10 of the statutes is amended to read:
AB49,6,25 19104.10 Penalty for intimidating witness. Any employer who discharges or
20threatens to discharge, or in any way discriminates, or threatens to discriminate
21against any employee because the employee has testified or is about to testify, or
22because the employer believes that the employee may testify, in any investigation or
23proceeding relative to the enforcement of ss. 104.01 to 104.12 this chapter, is guilty
24of a misdemeanor, and upon conviction thereof shall be punished by a fine of $25 for
25each offense.
AB49, s. 16
1Section 16. 104.11 of the statutes is amended to read:
AB49,7,5 2104.11 Definition of violation. Each day during which any employer shall
3employ a person for whom a living-wage living wage has been fixed at a wage less
4than the living-wage living wage fixed shall constitute a separate and distinct
5violation of ss. 104.01 to 104.12 this chapter.
AB49, s. 17 6Section 17. 104.12 of the statutes is amended to read:
AB49,7,13 7104.12 Complaints. Any person may register with the department a
8complaint that the wages paid to employees an employee for whom a living-wage
9living wage has been established are less than that rate living wage, and the
10department shall investigate the matter and take all proceedings necessary to
11enforce the payment of a wage that is not less than the living-wage living wage.
12Section 111.322 (2m) applies to discharge and other discriminatory acts arising in
13connection with any proceeding under this section.
AB49, s. 18 14Section 18. Initial applicability.
AB49,7,1915 (1) This act first applies to an employee who is affected by a collective
16bargaining agreement that contains provisions that are inconsistent with section
17104.001 of the statutes, as created by this act, on the day on which the collective
18bargaining agreement expires or is extended, modified, or renewed, whichever
19occurs first.
AB49,7,2020 (End)
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