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2011 - 2012 LEGISLATURE
September 15, 2011 - Introduced by Senators Wirch, Hansen, Carpenter, S. Coggs,
Risser, C. Larson, Vinehout, Jauch, Erpenbach, Taylor
and Miller,
cosponsored by Representatives Mason, Grigsby, Pasch, Clark, Pocan, E.
Coggs, Bewley, Berceau, Kessler, Young, Pope-Roberts, Roys, Toles,
Zepnick, Danou, Turner, Zamarripa, Milroy, C. Taylor
and Fields. Referred
to Committee on Labor, Public Safety, and Urban Affairs.
SB187,1,10 1An Act to repeal 104.001; to renumber 104.01 (1); to renumber and amend
2104.045; to amend 49.141 (1) (g), 103.67 (2) (fm) 3., 103.70 (2) (b) 3., 104.01
3(intro.), 104.01 (8), 104.05, 104.07 (1), 104.07 (2), 104.10, 104.11, 234.94 (5),
4234.94 (8), 800.09 (1j), 800.095 (1) (d) and 895.035 (2m) (c); and to create 104.01
5(1d), 104.01 (1g), 104.01 (5g), 104.01 (5m), 104.01 (7m), 104.035 and 104.045 (2)
6and (3) of the statutes; relating to: a state minimum wage, permitting the
7enactment of local living wage ordinances, extending the time limit for
8emergency rule procedures, providing an exemption from emergency rule
9procedures, providing an exemption from rule-making procedures, and
10requiring the exercise of rule-making authority.
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; minor employees; 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 bill, 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 wages because of a disability. For other employees, however, the bill sets
the minimum wages as follows: - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF
The bill also increases the allowance against the minimum wage that an
employer who provides room and board for an employee may take, as follows: - See PDF for table PDF
Beginning on May 1, 2012, the bill requires DWD annually to promulgate rules
revising the minimum wages and allowances for meals and lodging established
under the bill by determining the percentage difference between the consumer price
index for the preceding year and the consumer price index for the current year,
adjusting the minimum wages and allowances in effect on April 30 of the current year
by that percentage difference, and rounding that result to the nearest multiple of five
cents or, in the case of a camp counselor, the nearest dollar. This requirement does
not apply, however, if the consumer price index for the current year has not increased
over the consumer price index for the preceding year.
Finally, current law prohibits a city, village, town, or county from enacting and
administering an ordinance establishing a living wage. This bill eliminates that
prohibition.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB187, s. 1 1Section 1. 49.141 (1) (g) of the statutes is amended to read:
SB187,5,42 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.
SB187, s. 2 5Section 2. 103.67 (2) (fm) 3. of the statutes is amended to read:
SB187,6,2
1103.67 (2) (fm) 3. The minor is paid the applicable minimum wage under ch.
2104
s. 104.035 or under federal law, whichever is greater, for the work.
SB187, s. 3 3Section 3. 103.70 (2) (b) 3. of the statutes is amended to read:
SB187,6,54 103.70 (2) (b) 3. The minor is paid the applicable minimum wage under ch. 104
5s. 104.035 or under federal law, whichever is greater, for the work.
SB187, s. 4 6Section 4. 104.001 of the statutes, as affected by 2011 Wisconsin Act 32, is
7repealed.
SB187, s. 5 8Section 5. 104.01 (intro.) of the statutes is amended to read:
SB187,6,10 9104.01 Definitions. (intro.) The following terms as used in In this chapter
10shall be construed as follows:
SB187, s. 6 11Section 6. 104.01 (1) of the statutes is renumbered 104.01 (1m).
SB187, s. 7 12Section 7. 104.01 (1d) of the statutes is created to read:
SB187,6,1413 104.01 (1d) "Agricultural employee" means an employee who is employed in
14farming, as defined in s. 102.04 (3).
SB187, s. 8 15Section 8. 104.01 (1g) of the statutes is created to read:
SB187,6,1816 104.01 (1g) "Consumer price index" means the average of the consumer price
17index over each 12-month period for all urban consumers, U.S. city average, as
18determined by the bureau of labor statistics of the U.S. department of labor.
SB187, s. 9 19Section 9. 104.01 (5g) of the statutes is created to read:
SB187,6,2120 104.01 (5g) "Minor employee" means a minor who is paid at the applicable
21minimum wage rate for minors.
SB187, s. 10 22Section 10. 104.01 (5m) of the statutes is created to read:
SB187,6,2423 104.01 (5m) "Opportunity employee" means a person under 20 years of age who
24is in the first 90 consecutive days of employment with his or her employer.
SB187, s. 11 25Section 11. 104.01 (7m) of the statutes is created to read:
SB187,7,3
1104.01 (7m) "Tipped employee" means an employee who in the course of
2employment customarily and regularly receives money or other gratuities from
3persons other than the employee's employer.
SB187, s. 12 4Section 12. 104.01 (8) of the statutes is amended to read:
SB187,7,65 104.01 (8) The term "wage" and the term "wages" shall each mean "Wage"
6means
any compensation for labor measured by time, piece, or otherwise.
SB187, s. 13 7Section 13. 104.035 of the statutes is created to read:
SB187,7,9 8104.035 Minimum wage. (1) Employees generally. (a) Minimum rates.
9Except as provided in subs. (2) to (8), the minimum wage is as follows:
SB187,7,1010 1. For wages earned before May 1, 2012, $7.60 per hour.
SB187,7,1211 2. For wages earned beginning on May 1, 2012, the amount determined by the
12department by rule promulgated under sub. (9).
SB187,7,1613 (b) Allowances for meals and lodging. Except as provided in subs. (2) (b) and
14(4) (b), if an employer furnishes an employee with meals or lodging in accordance
15with rules promulgated by the department under s. 104.045 (2), the employer may
16deduct the following amounts from the wages of the employee:
SB187,7,1817 1. For lodging furnished before May 1, 2012, $61 per week or $8.65 per day and
18for meals furnished before May 1, 2012, $91 per week or $4.35 per meal.
SB187,7,2019 2. For meals and lodging furnished beginning on May 1, 2012, the amounts
20determined by the department by rule promulgated under sub. (9).
SB187,7,22 21(2) Minor employees. (a) Minimum rates. Except as provided in subs. (2m)
22to (8), the minimum wage for a minor employee is as follows:
SB187,7,2323 1. For wages earned before May 1, 2012, $7.25 per hour.
SB187,7,2524 2. For wages earned beginning on May 1, 2012, the amount determined by the
25department by rule promulgated under sub. (9).
SB187,8,4
1(b) Allowances for meals and lodging. Except as provided in sub. (4) (b), if an
2employer furnishes a minor employee or an opportunity employee with meals or
3lodging in accordance with rules promulgated by the department under s. 104.045
4(2), the employer may deduct the following amounts from the wages of the employee:
SB187,8,65 1. For lodging furnished before May 1, 2012, $58 per week or $8.30 per day and
6for meals furnished before May 1, 2012, $87 per week or $4.15 per meal.
SB187,8,87 2. For meals and lodging furnished beginning on May 1, 2012, the amounts
8determined by the department by rule promulgated under sub. (9).
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