(b) The individual testifies or assists in any action or proceeding 20
held under or to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 21
103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 146.999 or ss. 101.58 22
to 101.599 or 103.64 to 103.82.
SB108-SSA1, s. 5
111.322 (2m) (b) of the statutes, as affected by 2009 Wisconsin Act 24
.... (this act), is amended to read:
(b) The individual testifies or assists in any action or proceeding 2
held under or to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 3103.34,
103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 146.999 or ss. 4
101.58 to 101.599 or 103.64 to 103.82.
(t) Hours of work above the maximum hours specified in s. 146.999 7
(2) for health care workers, as defined in s. 146.999 (1) (c), employed by a health care 8
facility, as defined in s. 146.999 (1) (b). Nothing in this paragraph prohibits a health 9
care facility from bargaining on fewer hours of work than the hours provided in s. 10
12146.999 Health care worker overtime.
In this section:
(a) "Department" means the department of workforce development.
(b) "Health care facility" means a facility, as defined in s. 647.01 (4); any 15
hospital, nursing home, county home, county hospital, county infirmary, county 16
mental health center, rural medical center, hospice, treatment facility, or other place 17
licensed, certified, or approved by the department of health services under s. 49.70, 18
49.71, 49.72, 50.02, 50.03, 50.35, 50.52, 50.92, 51.04, 51.08, or 51.09; a facility under 19
s. 45.50, 51.05, 51.06, or 252.10 or under ch. 233; or a state prison, county jail, or 20
county house of correction.
(c) "Health care worker" means any of the following:
1. An employee of a health care facility who is involved in providing direct 23
health care for patients, residents, or clients or in providing clinical or laboratory 24
services and who is paid an hourly wage or is classified as a nonsupervisory employee 25
for collective bargaining purposes.
2. An employee of a temporary help agency, as defined in s. 102.01 (2) (f), or of 2
a professional employer organization, as defined in s. 461.01 (5), who is placed with 3
a health care facility under a contract between the health care facility and the 4
temporary help agency or professional employer organization; who is involved in 5
providing direct health care for patients, residents, or clients or in providing clinical 6
or laboratory services; and who is paid an hourly wage or is classified as a 7
nonsupervisory employee for collective bargaining purposes.
(d) "On-call time" means time during which a health care worker is not on the 9
premises of a health care facility, but is required as a condition of employment to be 10
ready to report to those premises to work on short notice if the need arises.
(e) "Overtime" means time worked in excess of a regularly scheduled daily work 12
shift that has been determined and agreed to before the performance of the work.
(f) 1. "Unforeseeable emergency" means any of the following:
a. A major disaster or emergency declared under 42 USC 5170
b. A state of emergency, including a state of emergency related to public health, 16
declared under s. 166.03 (1) (b) 1. or 166.23 (1).
c. Any other unanticipated or unavoidable disaster that substantially affects 18
or increases the need for health care workers.
2. "Unforeseeable emergency" does not include a situation in which a health 20
care facility has inadequate staff due to chronic short staffing or other foreseeable 21
22(2) Mandatory overtime limited.
(a) A health care facility may not require a 23
health care worker to work overtime or require a health care worker to be on on-call 24
time in lieu of working overtime or as a means of circumventing the prohibition
under this subsection against mandatory overtime, unless any of the following 2
1. An unforeseeable emergency occurs and the health care facility first 4
exhausts all other options before requiring the health care worker to work overtime 5
or to be on on-call time in lieu of working overtime.
2. The health care worker consents to working overtime or to being on on-call 7
time in lieu of working overtime.
3. The health care worker's continued presence through the completion of an 9
ongoing medical or surgical procedure in which the health care worker is actively 10
engaged is essential to the health and safety of a patient.
(b) A health care facility may not use mandatory overtime as a means of filling 12
vacancies in staffing.
13(3) Retaliation prohibited.
A health care facility may not discharge or 14
discriminate against a health care worker in promotion, in compensation, or in the 15
terms, conditions, or privileges of employment for refusing to work overtime or to be 16
on on-call time in violation of sub. (2), opposing a practice prohibited under sub. (2), 17
filing a complaint or attempting to enforce any right under sub. (2), or testifying or 18
assisting in any action or proceeding to enforce any right under sub. (2).
A health care worker who is discharged or discriminated 20
against in violation of sub. (3) may file a complaint with the department, and the 21
department shall process the complaint in the same manner that employment 22
discrimination complaints are processed under s. 111.39. If the department finds 23
that a violation of sub. (3) has been committed, the department may order the health 24
care facility to take such action under s. 111.39 as will effectuate the purpose of this
section. Section 111.322 (2m) applies to discharge or other discriminatory acts 2
arising in connection with any proceeding under this subsection.
3(5) Civil penalty.
In addition to ordering a health care facility that has violated 4
sub. (3) to take such action as will effectuate the purpose of this section, the 5
department may require the health care facility to forfeit not more than $1,000 for 6
a first violation, not more than $5,000 for a violation committed within 12 months 7
of a previous violation, and not more than $10,000 for a violation committed within 8
12 months of 2 or more previous violations. The 12-month period shall be measured 9
by using the dates of the violations that resulted in convictions.
10(6) Posting of notice.
Each health care facility shall post, in one or more 11
conspicuous places where notices to employees are customarily posted, a notice in a 12
form approved by the department setting forth the rights of health care workers 13
under this section. Any health care facility that violates this subsection shall forfeit 14
not more than $100 for each offense.
(1) Collective bargaining agreements.
This act first applies to a health care 17
worker, as defined in section 146.999 (1) (c) of the statutes, as created by this act, who 18
is affected by a collective bargaining agreement that contains provisions inconsistent 19
with this act on the day on which the collective bargaining agreement expires or is 20
extended, modified, or renewed, whichever occurs first.
SB108-SSA1, s. 9
This act takes effect on the day after publication, 22
except as follows:
(1) Traveling sales crews.
The amendment of section 111.322 (2m) (a) and (b) 2
of the statutes takes effect on April 1, 2010, or on the day after publication, whichever 3