AB75,1194,1413
103.10
(1) (a) (intro.) "Child" means a natural, adopted,
foster or treatment or 14foster child, a stepchild
, or a legal ward to whom any of the following applies:
AB75, s. 2170
15Section
2170. 103.10 (1) (ar) of the statutes is created to read:
AB75,1194,1716
103.10
(1) (ar) "Domestic partner" has the meaning given in s. 40.02 (21c) or
17770.01 (1).
AB75, s. 2171
18Section
2171. 103.10 (1) (b) of the statutes is amended to read:
AB75,1194,2019
103.10
(1) (b) "Employee" means an individual employed in this state by an
20employer, except the employer's parent, spouse
, domestic partner, or child.
AB75, s. 2172
21Section
2172. 103.10 (1) (f) of the statutes is amended to read:
AB75,1194,2422
103.10
(1) (f) "Parent" means a natural parent, foster parent, treatment foster
23parent, adoptive parent, stepparent
, or legal guardian of an employee or
of an
24employee's spouse
or domestic partner.
AB75, s. 2173
1Section
2173
. 103.10 (1) (f) of the statutes, as affected by 2009 Wisconsin Act
2.... (this act), is amended to read:
AB75,1195,53
103.10
(1) (f) "Parent" means a natural parent, foster parent,
treatment foster
4parent, adoptive parent, stepparent, or legal guardian of an employee or of an
5employee's spouse or domestic partner.
AB75, s. 2174
6Section
2174. 103.10 (3) (b) 3. of the statutes is amended to read:
AB75,1195,97
103.10
(3) (b) 3. To care for the employee's child, spouse
, domestic partner, or
8parent, if the child, spouse
, domestic partner, or parent has a serious health
9condition.
AB75, s. 2175
10Section
2175. 103.10 (6) (b) (intro.) of the statutes is amended to read:
AB75,1195,1411
103.10
(6) (b) (intro.) If an employee intends to take family leave because of the
12planned medical treatment or supervision of a child, spouse
, domestic partner, or
13parent or intends to take medical leave because of the planned medical treatment or
14supervision of the employee, the employee shall do all of the following:
AB75, s. 2176
15Section
2176. 103.10 (6) (b) 1. of the statutes is amended to read:
AB75,1195,1916
103.10
(6) (b) 1. Make a reasonable effort to schedule the medical treatment
17or supervision so that it does not unduly disrupt the employer's operations, subject
18to the approval of the health care provider of the child, spouse,
domestic partner, 19parent
, or employee.
AB75, s. 2177
20Section
2177. 103.10 (7) (a) of the statutes is amended to read:
AB75,1195,2521
103.10
(7) (a) If an employee requests family leave for a reason described in sub.
22(3) (b) 3. or requests medical leave, the employer may require the employee to provide
23certification, as described in par. (b), issued by the health care provider or Christian
24Science practitioner of the child, spouse,
domestic partner, parent
, or employee,
25whichever is appropriate.
AB75, s. 2178
1Section
2178. 103.10 (7) (b) 1. of the statutes is amended to read:
AB75,1196,32
103.10
(7) (b) 1. That the child, spouse,
domestic partner, parent
, or employee
3has a serious health condition.
AB75, s. 2179
4Section
2179. 103.10 (12) (bm) of the statutes is created to read:
AB75,1196,115
103.10
(12) (bm) If the department finds no probable cause to believe that a
6violation of sub. (11) (a) or (b) has occurred, the department shall dismiss the
7complaint. If the department dismisses the complaint, the order of dismissal is the
8final determination of the department, which may be appealed under s. 227.52. The
9department shall, by a notice to be served with the determination, notify the parties
10of the complainant's right to appeal the dismissal of the complaint to the circuit court
11under s. 227.52.
AB75, s. 2180
12Section
2180. 103.10 (12) (c) of the statutes is amended to read:
AB75,1196,1813
103.10
(12) (c) If 2 or more health care providers disagree about any of the
14information required to be certified under sub. (7) (b), the department may appoint
15another health care provider to examine the child, spouse,
domestic partner, parent
, 16or employee and render an opinion as soon as possible. The department shall
17promptly notify the employee and the employer of the appointment. The employer
18and the employee shall each pay 50% of the cost of the examination and opinion.
AB75, s. 2181
19Section
2181. 103.165 (3) (a) 1. of the statutes is amended to read:
AB75,1196,2120
103.165
(3) (a) 1. The decedent's surviving spouse
or domestic partner under
21ch. 770.
AB75, s. 2182
22Section
2182. 103.165 (3) (a) 2. of the statutes is amended to read:
AB75,1196,2423
103.165
(3) (a) 2. The decedent's children if the decedent
shall leave leaves no
24surviving spouse
or domestic partner under ch. 770.
AB75, s. 2183
25Section
2183. 103.165 (3) (a) 3. of the statutes is amended to read:
AB75,1197,2
1103.165
(3) (a) 3. The decedent's father or mother if the decedent
shall leave 2leaves no surviving spouse
, domestic partner under ch. 770, or children.
AB75, s. 2184
3Section
2184. 103.165 (3) (a) 4. of the statutes is amended to read:
AB75,1197,54
103.165
(3) (a) 4. The decedent's brother or sister if the decedent
shall leave 5leaves no surviving spouse,
domestic partner under ch. 770, children
, or parent.
AB75, s. 2185
6Section
2185. 103.165 (3) (c) of the statutes is amended to read:
AB75,1197,127
103.165
(3) (c) The amount of the cash bond, together with principal and
8interest, to which the deceased employee would have been entitled had the deceased
9employee lived, shall, as soon as paid out by the depository, be turned over to the
10relative of the deceased employee person designated under par. (a) effecting the
11accounting and withdrawal with the employer. The turning over shall be a discharge
12and release of the employer to the amount of the payment.
AB75, s. 2186
13Section
2186. 103.165 (3) (d) of the statutes is amended to read:
AB75,1197,1914
103.165
(3) (d) If no
relatives persons designated under par. (a) survive, the
15employer may apply the cash bond, or so much of the cash bond as may be necessary,
16to paying creditors of the decedent in the order of preference prescribed in s. 859.25
17for satisfaction of debts by personal representatives. The making of payment under
18this paragraph shall be a discharge and release of the employer to the amount of the
19payment.
AB75, s. 2187
20Section
2187. 103.49 (1) (bm) of the statutes is repealed.
AB75, s. 2188
21Section
2188. 103.49 (1) (e) of the statutes is repealed.
AB75, s. 2189
22Section
2189. 103.49 (3) (ar) of the statutes is amended to read:
AB75,1198,323
103.49
(3) (ar) In determining prevailing wage rates under par. (a) or (am), the
24department may not use data from projects that are subject to this section, s. 66.0903,
2566.0904, 103.50
, or 229.8275 or
40 USC 276a 3142 unless the department determines
1that there is insufficient wage data in the area to determine those prevailing wage
2rates, in which case the department may use data from projects that are subject to
3this section, s. 66.0903,
66.0904, 103.50
, or 229.8275 or
40 USC 276a 3142.
AB75, s. 2190
4Section
2190. 103.49 (3g) of the statutes is amended to read:
AB75,1198,105
103.49
(3g) Nonapplicability. This section does not apply to any
single-trade 6public works project for which the estimated project cost of completion is less than
7$30,000 or an amount determined by the department under s. 66.0903 (5) or to any
8multiple-trade public works project for which the estimated project cost of
9completion is less than $150,000 or an amount determined by the department under
10s. 66.0903 (5) $2,000.
AB75, s. 2191
11Section
2191. 103.49 (5) (a) of the statutes is amended to read:
AB75,1198,2112
103.49
(5) (a) Each contractor, subcontractor
, or contractor's or subcontractor's
13agent performing work on a project that is subject to this section shall keep full and
14accurate records clearly indicating the name and trade or occupation of every person
15performing the work described in sub. (2m) and an accurate record of the number of
16hours worked by each of those persons and the actual wages paid for the hours
17worked.
By no later than the end of the week following a week in which a contractor,
18subcontractor, or contractor's or subcontractor's agent performs work on a project
19that is subject to this section, the contractor, subcontractor, or agent shall submit to
20the state agency authorizing the work a certified record of the information specified
21in the preceding sentence for that preceding week.
AB75, s. 2192
22Section
2192. 103.49 (5) (c) of the statutes is amended to read:
AB75,1199,1623
103.49
(5) (c) If requested by any person, the department shall inspect the
24payroll records of any contractor, subcontractor
, or agent performing work on a
25project that is subject to this section to ensure compliance with this section.
If In the
1case of a request made by a person performing the work specified in sub. (2m), if the
2department finds that the contractor, subcontractor
, or agent subject to the
3inspection is
found to be in compliance and
if the person making the request is a
4person performing the work specified in sub. (2m) that the request is frivolous, the
5department shall charge the person making the request the actual cost of the
6inspection.
If In the case of a request made by a person not performing the work
7specified in sub. (2m), if the department finds that the contractor, subcontractor
, or
8agent subject to the inspection is
found to be in compliance and
if the person making
9the request is not a person performing the work specified in sub. (2m) that the
10request is frivolous, the department shall charge the person making the request $250
11or the actual cost of the inspection, whichever is greater.
In order to find that a
12request is frivolous, the department must find that the person making the request
13made the request in bad faith, solely for the purpose of harassing or maliciously
14injuring the contractor, subcontractor, or agent subject to the inspection, or that the
15person making the request knew, or should have known, that there was no
16reasonable basis for believing that a violation of this section had been committed.
AB75, s. 2193
17Section
2193. 103.49 (6m) (d) of the statutes is amended to read:
AB75,1199,2318
103.49
(6m) (d) Whoever induces any person who seeks to be or is employed
19on any project that is subject to this section to permit any part of the wages to which
20the person is entitled under the contract governing the project to be deducted from
21the person's pay is guilty of an offense under s. 946.15 (3), unless the deduction would
22be permitted under
29 CFR 3.5 or
3.6 from a person who is working on a project that
23is subject to
40 USC 276c 3142.
AB75, s. 2194
24Section
2194. 103.49 (6m) (e) of the statutes is amended to read:
AB75,1200,6
1103.49
(6m) (e) Any person employed on a project that is subject to this section
2who knowingly permits any part of the wages to which he or she is entitled under the
3contract governing the project to be deducted from his or her pay is guilty of an
4offense under s. 946.15 (4), unless the deduction would be permitted under
29 CFR
53.5 or
3.6 from a person who is working on a project that is subject to
40 USC 276c 63142.
AB75, s. 2195
7Section
2195. 103.50 (2) of the statutes is amended to read:
AB75,1200,198
103.50
(2) Prevailing wage rates and hours of labor. No person performing
9the work described in sub. (2m) in the employ of a contractor, subcontractor, agent
10or other person performing any work on a project under a contract based on bids as
11provided in s. 84.06 (2)
, or under a contract utilizing the design-build procurement
12process under s. 84.06 (2m), to which the state is a party for the construction or
13improvement of any highway may be permitted to work a greater number of hours
14per day or per week than the prevailing hours of labor; nor may he or she be paid a
15lesser rate of wages than the prevailing wage rate in the area in which the work is
16to be done determined under sub. (3); except that any such person may be permitted
17or required to work more than such prevailing hours of labor per day and per week
18if he or she is paid for all hours worked in excess of the prevailing hours of labor at
19a rate of at least 1.5 times his or her hourly basic rate of pay.
AB75, s. 2196
20Section
2196. 103.50 (4m) of the statutes is amended to read:
AB75,1200,2321
103.50
(4m) Wage rate data. In determining prevailing wage rates for projects
22that are subject to this section, the department shall use data from projects that are
23subject to this section, s. 66.0903
, 66.0904, or 103.49 or
40 USC 276a 3142.
AB75, s. 2197
24Section
2197. 103.50 (7) (d) of the statutes is amended to read:
AB75,1201,6
1103.50
(7) (d) Whoever induces any person who seeks to be or is employed on
2any project that is subject to this section to permit any part of the wages to which the
3person is entitled under the contract governing the project to be deducted from the
4person's pay is guilty of an offense under s. 946.15 (3), unless the deduction would
5be permitted under
29 CFR 3.5 or
3.6 from a person who is working on a project that
6is subject to
40 USC 276c 3142.
AB75, s. 2198
7Section
2198. 103.50 (7) (e) of the statutes is amended to read:
AB75,1201,138
103.50
(7) (e) Any person employed on a project that is subject to this section
9who knowingly permits any part of the wages to which he or she is entitled under the
10contract governing the project to be deducted from his or her pay is guilty of an
11offense under s. 946.15 (4), unless the deduction would be permitted under
29 CFR
123.5 or
3.6 from a person who is working on a project that is subject to
40 USC 276c 133142.
AB75, s. 2199
14Section
2199. 103.503 (title) of the statutes is amended to read:
AB75,1201,16
15103.503 (title)
Substance abuse prevention on public works and
16publicly funded projects.
AB75, s. 2200
17Section
2200. 103.503 (1) (a) of the statutes is amended to read:
AB75,1201,2218
103.503
(1) (a) "Accident" means an incident caused, contributed to, or
19otherwise involving an employee that resulted or could have resulted in death,
20personal injury, or property damage and that occurred while the employee was
21performing the work described in s. 66.0903 (4)
, 66.0904 (3), or 103.49 (2m) on a
22project.
AB75, s. 2201
23Section
2201. 103.503 (1) (c) of the statutes is amended to read:
AB75,1202,224
103.503
(1) (c) "Contracting agency" means a local governmental unit, as
25defined in s. 66.0903 (1) (d),
or a state agency, as defined in s. 103.49 (1) (f),
or an
1owner or developer under s. 66.0904 that has contracted for the performance of work
2on a project.
AB75, s. 2202
3Section
2202. 103.503 (1) (e) of the statutes is amended to read:
AB75,1202,64
103.503
(1) (e) "Employee" means a laborer, worker, mechanic, or truck driver
5who performs the work described in s. 66.0903 (4)
, 66.0904 (3), or 103.49 (2m) on a
6project.
AB75, s. 2203
7Section
2203. 103.503 (1) (g) of the statutes is amended to read:
AB75,1202,108
103.503
(1) (g) "Project" mean a project of public works that is subject to s.
966.0903 or 103.49
or a publicly funded private construction project that is subject to
10s. 66.0904.
AB75, s. 2204
11Section
2204. 103.503 (2) of the statutes is amended to read:
AB75,1202,1812
103.503
(2) Substance abuse prohibited. No employee may use, possess,
13attempt to possess, distribute, deliver, or be under the influence of a drug, or use or
14be under the influence of alcohol, while performing the work described in s. 66.0903
15(4)
, 66.0904 (3), or 103.49 (2m) on a project. An employee is considered to be under
16the influence of alcohol for purposes of this subsection if he or she has an alcohol
17concentration that is equal to or greater than the amount specified in s. 885.235 (1g)
18(d).
AB75, s. 2205
19Section
2205. 103.503 (3) (a) 2. of the statutes is amended to read:
AB75,1203,220
103.503
(3) (a) 2. A requirement that employees performing the work described
21in s. 66.0903 (4)
, 66.0904 (3), or 103.49 (2m) on a project submit to random,
22reasonable suspicion, and post-accident drug and alcohol testing and to drug and
23alcohol testing before commencing work on a project, except that testing of an
24employee before commencing work on a project is not required if the employee has
1been participating in a random testing program during the 90 days preceding the
2date on which the employee commenced work on the project.
AB75, s. 2206
3Section
2206. 103.805 (1) of the statutes is amended to read:
AB75,1203,104
103.805
(1) The department shall fix and collect a reasonable fee
based on the
5cost of for the issuance of permits under ss. 103.25 and 103.71 and certificates of age
6under s. 103.75. The department may authorize the retention of the fees by the
7person designated to issue permits and certificates of age as compensation for the
8person's services if the person is not on the payroll of the division administering this
9chapter. The permit officer shall account for all fees collected as the department
10prescribes.
AB75, s. 2207
11Section
2207. 104.001 (3) (am) of the statutes is created to read:
AB75,1203,1512
104.001
(3) (am) The requirement that employees employed on a publicly
13funded private construction project for which a city, village, town, or county provides
14financial assistance, as defined in s. 66.0904 (1) (c), be paid at the prevailing wage
15rate, as defined in s. 66.0904 (1) (h), as required under s. 66.0904.
AB75, s. 2208
16Section
2208. 106.50 (6) (c) 4. of the statutes is amended to read:
AB75,1204,217
106.50
(6) (c) 4. If the department initially determines that there is no probable
18cause to believe that discrimination occurred as alleged in the complaint,
it may the
19department shall dismiss those allegations.
If the department dismisses those
20allegations, the order of dismissal is the final determination of the department,
21which may be appealed under par. (j). The department shall, by a notice to be served
22with the determination, notify the parties of the complainant's right to appeal the
23dismissal of the claim to the
secretary for a hearing on the issue by a hearing
24examiner circuit court under par. (j). Service of the determination shall be made by
25certified mail, return receipt requested.
If the hearing examiner determines that no
1probable cause exists, that determination is the final determination of the
2department and may be appealed under par. (j).
AB75, s. 2209
3Section
2209. 106.52 (4) (a) 4m. of the statutes is created to read:
AB75,1204,104
106.52
(4) (a) 4m. If the department finds no probable cause to believe that any
5act prohibited under sub. (3) has been or is being committed, the department shall
6dismiss the complaint. If the department dismisses the complaint, the order of
7dismissal is the final determination of the department, which may be appealed under
8par. (c). The department shall, by a notice to be served with the determination, notify
9the parties of the complainant's right to appeal the dismissal of the complaint to the
10circuit court under par. (c).
AB75, s. 2210
11Section
2210. 106.52 (4) (c) of the statutes is amended to read:
AB75,1204,2512
106.52
(4) (c)
Judicial review. Within 30 days after service upon all parties of
13an order of
the department under par. (a) 4m. or an order of the commission under
14par. (b), the respondent or complainant may appeal the order to the circuit court for
15the county in which the alleged act prohibited under sub. (3) took place by the filing
16of a petition for review.
The complainant appealing an order of the department shall
17receive a hearing on the issue of whether there is probable cause to believe that any
18act prohibited under sub. (3) has been or is being committed. The respondent or
19complainant
appealing an order of the commission shall receive a new trial on all
20issues relating to any alleged act prohibited under sub. (3) and a further right to a
21trial by jury, if so desired. The department of justice shall represent the
department
22or commission. In any such trial the burden shall be to prove an act prohibited under
23sub. (3) by a fair preponderance of the evidence. Costs in an amount not to exceed
24$100 plus actual disbursements for the attendance of witnesses may be taxed to the
25prevailing party on the appeal.
AB75, s. 2211
1Section
2211. 109.03 (3) (a) of the statutes is amended to read:
AB75,1205,52
109.03
(3) (a) In case of the death of an employee to whom wages are due, the
3full amount of the wages due shall upon demand be paid by the employer to the
4spouse,
domestic partner under ch. 770, children, or other dependent living with the
5employee at the time of death.
AB75, s. 2212
6Section
2212. 109.03 (3) (b) of the statutes is amended to read:
AB75,1205,117
109.03
(3) (b) An employer may, not less than 5 days after the death of an
8employee and before the filing of a petition or application for administration of the
9decedent's estate, make payments of the wage due the deceased employee to the
10spouse,
domestic partner under ch. 770, children, parents, or siblings of the decedent,
11giving preference in the order listed.
AB75, s. 2213
12Section
2213. 109.03 (3) (c) of the statutes is amended to read:
AB75,1205,1613
109.03
(3) (c) If none of the
relatives persons listed in par. (b) survives, the
14employer may apply the payment of the wage or so much of the wage as may be
15necessary to paying creditors of the decedent in the order of preference prescribed
16in s. 859.25 for satisfaction of debts by personal representatives.
AB75, s. 2214
17Section
2214. 109.09 (1) of the statutes is amended to read: