SB108-SSA1, s. 5 23Section 5. 111.322 (2m) (b) of the statutes, as affected by 2009 Wisconsin Act
24.... (this act), is amended to read:
1111.322 (2m) (b) The individual testifies or assists in any action or proceeding
2held 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.
4101.58 to 101.599 or 103.64 to 103.82.
SB108-SSA1, s. 6 5Section 6. 111.91 (2) (t) of the statutes is created to read:
SB108-SSA1,4,106 111.91 (2) (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
8facility, as defined in s. 146.999 (1) (b). Nothing in this paragraph prohibits a health
9care facility from bargaining on fewer hours of work than the hours provided in s.
10146.999 (2).
SB108-SSA1, s. 7 11Section 7. 146.999 of the statutes is created to read:
SB108-SSA1,4,12 12146.999 Health care worker overtime. (1) Definitions. In this section:
SB108-SSA1,4,1313 (a) "Department" means the department of workforce development.
SB108-SSA1,4,2014 (b) "Health care facility" means a facility, as defined in s. 647.01 (4); any
15hospital, nursing home, county home, county hospital, county infirmary, county
16mental health center, rural medical center, hospice, treatment facility, or other place
17licensed, certified, or approved by the department of health services under s. 49.70,
1849.71, 49.72, 50.02, 50.03, 50.35, 50.52, 50.92, 51.04, 51.08, or 51.09; a facility under
19s. 45.50, 51.05, 51.06, or 252.10 or under ch. 233; or a state prison, county jail, or
20county house of correction.
SB108-SSA1,4,2121 (c) "Health care worker" means any of the following:
SB108-SSA1,4,2522 1. An employee of a health care facility who is involved in providing direct
23health care for patients, residents, or clients or in providing clinical or laboratory
24services and who is paid an hourly wage or is classified as a nonsupervisory employee
25for collective bargaining purposes.
12. An employee of a temporary help agency, as defined in s. 102.01 (2) (f), or of
2a professional employer organization, as defined in s. 461.01 (5), who is placed with
3a health care facility under a contract between the health care facility and the
4temporary help agency or professional employer organization; who is involved in
5providing direct health care for patients, residents, or clients or in providing clinical
6or laboratory services; and who is paid an hourly wage or is classified as a
7nonsupervisory employee for collective bargaining purposes.
SB108-SSA1,5,108 (d) "On-call time" means time during which a health care worker is not on the
9premises of a health care facility, but is required as a condition of employment to be
10ready to report to those premises to work on short notice if the need arises.
SB108-SSA1,5,1211 (e) "Overtime" means time worked in excess of a regularly scheduled daily work
12shift that has been determined and agreed to before the performance of the work.
SB108-SSA1,5,1313 (f) 1. "Unforeseeable emergency" means any of the following:
SB108-SSA1,5,1414 a. A major disaster or emergency declared under 42 USC 5170.
SB108-SSA1,5,1615 b. A state of emergency, including a state of emergency related to public health,
16declared under s. 166.03 (1) (b) 1. or 166.23 (1).
SB108-SSA1,5,1817 c. Any other unanticipated or unavoidable disaster that substantially affects
18or increases the need for health care workers.
SB108-SSA1,5,2119 2. "Unforeseeable emergency" does not include a situation in which a health
20care facility has inadequate staff due to chronic short staffing or other foreseeable
SB108-SSA1,6,2 22(2) Mandatory overtime limited. (a) A health care facility may not require a
23health care worker to work overtime or require a health care worker to be on on-call
24time in lieu of working overtime or as a means of circumventing the prohibition

1under this subsection against mandatory overtime, unless any of the following
SB108-SSA1,6,53 1. An unforeseeable emergency occurs and the health care facility first
4exhausts all other options before requiring the health care worker to work overtime
5or to be on on-call time in lieu of working overtime.
SB108-SSA1,6,76 2. The health care worker consents to working overtime or to being on on-call
7time in lieu of working overtime.
SB108-SSA1,6,108 3. The health care worker's continued presence through the completion of an
9ongoing medical or surgical procedure in which the health care worker is actively
10engaged is essential to the health and safety of a patient.
SB108-SSA1,6,1211 (b) A health care facility may not use mandatory overtime as a means of filling
12vacancies in staffing.
SB108-SSA1,6,18 13(3) Retaliation prohibited. A health care facility may not discharge or
14discriminate against a health care worker in promotion, in compensation, or in the
15terms, conditions, or privileges of employment for refusing to work overtime or to be
16on on-call time in violation of sub. (2), opposing a practice prohibited under sub. (2),
17filing a complaint or attempting to enforce any right under sub. (2), or testifying or
18assisting in any action or proceeding to enforce any right under sub. (2).
SB108-SSA1,7,2 19(4) Enforcement. A health care worker who is discharged or discriminated
20against in violation of sub. (3) may file a complaint with the department, and the
21department shall process the complaint in the same manner that employment
22discrimination complaints are processed under s. 111.39. If the department finds
23that a violation of sub. (3) has been committed, the department may order the health
24care facility to take such action under s. 111.39 as will effectuate the purpose of this

1section. Section 111.322 (2m) applies to discharge or other discriminatory acts
2arising in connection with any proceeding under this subsection.
SB108-SSA1,7,9 3(5) Civil penalty. In addition to ordering a health care facility that has violated
4sub. (3) to take such action as will effectuate the purpose of this section, the
5department may require the health care facility to forfeit not more than $1,000 for
6a first violation, not more than $5,000 for a violation committed within 12 months
7of a previous violation, and not more than $10,000 for a violation committed within
812 months of 2 or more previous violations. The 12-month period shall be measured
9by using the dates of the violations that resulted in convictions.
SB108-SSA1,7,14 10(6) Posting of notice. Each health care facility shall post, in one or more
11conspicuous places where notices to employees are customarily posted, a notice in a
12form approved by the department setting forth the rights of health care workers
13under this section. Any health care facility that violates this subsection shall forfeit
14not more than $100 for each offense.
SB108-SSA1, s. 8 15Section 8. Initial applicability.
SB108-SSA1,7,2016 (1) Collective bargaining agreements. This act first applies to a health care
17worker, as defined in section 146.999 (1) (c) of the statutes, as created by this act, who
18is affected by a collective bargaining agreement that contains provisions inconsistent
19with this act on the day on which the collective bargaining agreement expires or is
20extended, modified, or renewed, whichever occurs first.
SB108-SSA1, s. 9 21Section 9. Effective dates. This act takes effect on the day after publication,
22except as follows:
1(1) Traveling sales crews. The amendment of section 111.322 (2m) (a) and (b)
2of the statutes takes effect on April 1, 2010, or on the day after publication, whichever
3is later.