55,3077e
Section 3077e. 103.49 (6m) (ag) of the statutes is renumbered 16.856 (6m) (ag), and 16.856 (6m) (ag) 1., 2. and 3., as renumbered, are amended to read:
16.856 (6m) (ag) 1. Any contractor, subcontractor, or contractor's or subcontractor's agent who fails to pay the prevailing wage rate determined by the department under sub. (3) or who pays less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor is liable to any affected employee in the amount of his or her unpaid wages or his or her unpaid overtime compensation and in an additional amount as liquidated damages as provided in subd. 2. or 3., whichever is applicable.
2. If the department determines upon inspection under sub. (5) (b) or (c) that a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay the prevailing wage rate determined by the department under sub. (3) or has paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor, the department shall order the contractor to pay to any affected employee the amount of his or her unpaid wages or his or her unpaid overtime compensation and an additional amount equal to 100 percent of the amount of those unpaid wages or that unpaid overtime compensation as liquidated damages within a period specified by the department in the order.
3. In addition to or in lieu of recovering the liability specified in subd. 1. as provided in subd. 2., any employee for and in behalf of that employee and other employees similarly situated may commence an action to recover that liability in any court of competent jurisdiction. If the court finds that a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay the prevailing wage rate determined by the department under sub. (3) or has paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor, the court shall order the contractor, subcontractor, or agent to pay to any affected employee the amount of his or her unpaid wages or his or her unpaid overtime compensation and an additional amount equal to 100 percent of the amount of those unpaid wages or that unpaid overtime compensation as liquidated damages.
55,3077ep
Section 3077ep. 103.49 (6m) (am) of the statutes is renumbered 16.856 (6m) (am) and amended to read:
16.856 (6m) (am) Except as provided in pars. (b)
, and (d) and (f), any contractor, subcontractor or contractor's or subcontractor's agent who violates this section may be fined not more than $200 or imprisoned for not more than 6 months or both. Each day that a violation continues is a separate offense.
55,3077f
Section 3077f. 103.49 (6m) (b) to (e) of the statutes are renumbered 16.856 (6m) (b) to (e).
55,3077fp
Section 3077fp. 103.49 (6m) (f) of the statutes is repealed.
55,3077g
Section 3077g. 103.49 (7) of the statutes is repealed.
55,3077gp
Section 3077gp. 103.50 (title) and (1) of the statutes are repealed.
55,3077h
Section 3077h. 103.50 (2) of the statutes is renumbered 84.062 (2) and amended to read:
84.062 (2) Prevailing wage rates and hours of labor. No person performing the work described in sub. (2m) in the employ of a contractor, subcontractor, agent or other person performing any work on a project under a contract based on bids as provided in s. 84.06 (2) to which the state is a party for the construction or improvement of any highway may be permitted to work a greater number of hours per day or per week than the prevailing hours of labor; nor may he or she be paid a lesser rate of wages than the prevailing wage rate in the area in which the work is to be done determined under sub. (3); except that any such person may be permitted or required to work more than such prevailing hours of labor per day and per week if he or she is paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly basic rate of pay.
55,3077hp
Section 3077hp. 103.50 (2g) of the statutes is renumbered 84.062 (2g) and amended to read:
84.062 (2g) Nonapplicability. This section does not apply to a single-trade project of public works, as defined in s. 103.49 16.856 (1) (em) (g), for which the estimated project cost of completion is less than $48,000 or a multiple-trade project of public works, as defined in s. 103.49 16.856 (1) (br) (d), for which the estimated project cost of completion is less than $100,000.
55,3077i
Section 3077i. 103.50 (2m) of the statutes is renumbered 84.062 (2m), and 84.062 (2m) (a) (intro.) and (b), as renumbered, are amended to read:
84.062 (2m) (a) (intro.) Subject to par. (b), all of the following employees shall be paid the prevailing wage rate determined under sub. (3) and may not be permitted to work a greater number of hours per day or per week than the prevailing hours of labor, unless they are paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times their hourly basic rate of pay:
(b) A laborer, worker, mechanic, or truck driver who is employed to process, manufacture, pick up, or deliver materials or products from a commercial establishment that has a fixed place of business from which the establishment supplies processed or manufactured materials or products or from a facility that is not dedicated exclusively, or nearly so, to a project that is subject to this section, including any of the following, is not entitled to receive the prevailing wage rate determined under sub. (3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor unless any of the following applies:
1. The A laborer, worker, mechanic or truck driver who is employed to go to the source of mineral aggregate such as sand, gravel or stone and deliver that mineral aggregate to the site of a project that is subject to this section by depositing the material directly in final place, from the transporting vehicle or through spreaders from the transporting vehicle.
2. The A laborer, worker, mechanic or truck driver who is employed to go to the site of a project that is subject to this section, pick up excavated material or spoil from the site of the project, and transport that excavated material or spoil away from the site of the project and return to the site of the project.
55,3077ip
Section 3077ip. 103.50 (3) to (5) of the statutes are repealed.
55,3077j
Section 3077j. 103.50 (6) of the statutes is renumbered 84.062 (6) and amended to read:
84.062 (6) Contents of contracts
; notification. A reference to the prevailing wage rates determined under sub. (3) and the prevailing hours of labor shall be published in the notice issued for the purpose of securing bids for a project. If any contract or subcontract for a project that is subject to this section is entered into, the prevailing wage rates determined under sub. (3) and the prevailing hours of labor shall be physically incorporated into and made a part of the contract or subcontract, except that for a minor subcontract, as determined by the department of workforce development, that department the department of administration shall prescribe by rule under s. 16.856 (2) the method of notifying the minor subcontractor of the prevailing wage rates and prevailing hours of labor applicable to the minor subcontract. The prevailing wage rates and prevailing hours of labor applicable to a contract or subcontract may not be changed during the time that the contract or subcontract is in force. For the information of the employees working on the project, the prevailing wage rates determined by the department, the prevailing hours of labor, and the provisions of subs. (2) and (7) shall be kept posted by the department of transportation in at least one conspicuous and easily accessible place on the site of the project.
55,3077jp
Section 3077jp. 103.50 (7) (title) and (a) to (e) of the statutes are renumbered 84.062 (7) (title) and (a) to (e), and 84.062 (7) (a), as renumbered, is amended to read:
84.062 (7) (a) Except as provided in pars. (b)
, and (d) and (f), any contractor, subcontractor, or contractor's or subcontractor's agent who violates this section may be fined not more than $200 or imprisoned for not more than 6 months or both. Each day that a violation continues is a separate offense.
55,3077k
Section 3077k. 103.50 (7) (f) of the statutes is repealed.
55,3077kp
Section 3077kp. 103.50 (8) of the statutes is renumbered 84.062 (8) and amended to read:
84.062 (8) Enforcement and prosecution. The department of transportation shall require adherence to subs. (2), (2m), and (6). The department of transportation may demand and examine, and every contractor, subcontractor, and contractor's or subcontractor's agent shall keep and furnish upon request by the department of transportation, copies of payrolls and other records and information relating to compliance with this section. If requested by any person performing the work described in sub. (2m), the department shall conduct an investigation to ensure compliance with this section. Upon request of the department of transportation or upon complaint of alleged violation, the district attorney of the county in which the work is located shall investigate as necessary and prosecute violations in a court of competent jurisdiction. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.
55,3077L
Section 3077L. 103.503 (1) (a) of the statutes is amended to read:
103.503 (1) (a) "Accident" means an incident caused, contributed to, or otherwise involving an employee that resulted or could have resulted in death, personal injury, or property damage and that occurred while the employee was performing the work described in s. 66.0903 (4), 2013 stats., or 103.49 s. 16.856 (2m) on a project of public works or while the employee was performing work on a public utility project.
55,3077Lp
Section 3077Lp. 103.503 (1) (c) of the statutes is amended to read:
103.503 (1) (c) "Contracting agency" means a local governmental unit, as defined in s. 66.0903 (1) (d), or a state agency, as defined in s. 103.49 16.856 (1) (f) (h), that has contracted for the performance of work on a project of public works or a public utility that has contracted for the performance of work on a public utility project.
55,3077m
Section 3077m. 103.503 (1) (e) of the statutes is amended to read:
103.503 (1) (e) "Employee" means a laborer, worker, mechanic, or truck driver who performs the work described in s. 66.0903 (4), 2013 stats., or
103.49 s. 16.856 (2m) on a project of public works or on a public utility project.
55,3077mp
Section 3077mp. 103.503 (1) (g) of the statutes is amended to read:
103.503 (1) (g) "Project of public works" means a project of public works that is subject to s. 16.856 or that would be subject to s. 66.0903 or 103.49, 2013 stats., if the project were erected, constructed, repaired, remodeled, or demolished prior to the effective date of this paragraph .... [LRB inserts date].
55,3077n
Section 3077n. 103.503 (2) of the statutes is amended to read:
103.503 (2) Substance abuse prohibited. No employee may use, possess, attempt to possess, distribute, deliver, or be under the influence of a drug, or use or be under the influence of alcohol, while performing the work described in s. 66.0903 (4), 2013 stats., or 103.49 s. 16.856 (2m) on a project of public works or while performing work on a public utility project. An employee is considered to be under the influence of alcohol for purposes of this subsection if he or she has an alcohol concentration that is equal to or greater than the amount specified in s. 885.235 (1g) (d).
55,3077np
Section 3077np. 103.503 (3) (a) 2. of the statutes is amended to read:
103.503 (3) (a) 2. A requirement that employees performing the work described in s. 66.0903 (4), 2013 stats., or 103.49 s. 16.856 (2m) on a project of public works or performing work on a public utility project submit to random, reasonable suspicion, and post-accident drug and alcohol testing and to drug and alcohol testing before commencing work on the project, except that testing of an employee before commencing work on a project is not required if the employee has been participating in a random testing program during the 90 days preceding the date on which the employee commenced work on the project.
55,3078am
Section 3078am. 103.67 (2) (fm) 3. of the statutes is amended to read:
103.67 (2) (fm) 3. The minor is paid the applicable minimum wage under ch. 104 s. 104.035 or under federal law, whichever is greater, for the work.
55,3078b
Section 3078b. 103.70 (2) (b) 3. of the statutes is amended to read:
103.70 (2) (b) 3. The minor is paid the applicable minimum wage under ch. 104 s. 104.035 or under federal law, whichever is greater, for the work.
55,3078bg
Section 3078bg. 103.85 (2) (g) of the statutes is created to read:
103.85 (2) (g) An employee who states in writing that he or she voluntarily chooses to work without at least 24 consecutive hours of rest in 7 consecutive days.
55,3078bm
Section 3078bm. 104.001 (1) of the statutes is amended to read:
104.001 (1) The legislature finds that the provision of a living minimum wage that is uniform throughout the state is a matter of statewide concern and that the enactment of a living minimum wage ordinance by a city, village, town, or county would be logically inconsistent with, would defeat the purpose of, and would go against the spirit of this chapter. Therefore, this chapter shall be construed as an enactment of statewide concern for the purpose of providing a living minimum wage that is uniform throughout the state.
55,3078c
Section 3078c. 104.001 (2) of the statutes is amended to read:
104.001 (2) A city, village, town, or county may not enact and administer an ordinance establishing a living minimum wage. Any city, village, town, or county
living minimum wage ordinance that is in effect on June 16, 2005, is void.
55,3078cd
Section 3078cd. 104.001 (3) (intro.) and (b) of the statutes are consolidated, renumbered 104.001 (3) and amended to read:
104.001 (3) This section does not affect any of the following: (b) An an ordinance that, subject to s. 66.0903, requires an employee of a county, city, village, or town, an employee who performs work under a contract for the provision of services to a county, city, village, or town, or an employee who performs work that is funded by financial assistance from a county, city, village, or town, to be paid at a minimum wage rate specified in the ordinance.
55,3078ch
Section 3078ch. 104.001 (3) (a) of the statutes is repealed.
55,3078cm
Section 3078cm. 104.01 (intro.) of the statutes is amended to read:
104.01 Definitions. (intro.)
The following terms as used in In this chapter shall be construed as follows:
55,3078d
Section 3078d. 104.01 (1) of the statutes is renumbered 104.01 (1m).
55,3078dm
Section 3078dm. 104.01 (1d) of the statutes is created to read:
104.01 (1d) "Agricultural employee" means an employee who is employed in the operation of farm premises, as described in s. 102.04 (3).
55,3078e
Section 3078e. 104.01 (5) of the statutes is repealed.
55,3078em
Section 3078em. 104.01 (5g) of the statutes is created to read:
104.01 (5g) "Minor employee" means an employee who is under 18 years of age.
55,3078f
Section 3078f. 104.01 (5m) of the statutes is created to read:
104.01 (5m) "Opportunity employee" means a person under 20 years of age who is in the first 90 consecutive days of employment with his or her employer.
55,3078fm
Section 3078fm. 104.01 (7m) of the statutes is created to read:
104.01 (7m) "Tipped employee" means an employee who in the course of employment customarily and regularly receives money or other gratuities from persons other than the employee's employer.
55,3078g
Section 3078g. 104.01 (8) of the statutes is amended to read:
104.01 (8) The term "wage" and the term "wages" shall each mean "Wage" means any compensation for labor measured by time, piece, or otherwise.
55,3078gm
Section 3078gm. 104.02 and 104.03 of the statutes are consolidated, renumbered 104.02 and amended to read:
104.02 Living
Minimum wage prescribed: requirement to pay. Every wage paid or agreed to be paid by any employer to any employee, except as otherwise provided in s. 104.07, shall be not less than a living the applicable minimum wage established under s. 104.035. 104.03 Unlawful wages. Any employer paying, offering to pay, or agreeing to pay any employee a wage lower or less in value than a living the applicable minimum wage established under s. 104.035 is guilty of a violation of this chapter as provided in s. 103.005 (11) and is subject to the penalties provided in s. 103.005 (12).
55,3078h
Section 3078h. 104.035 of the statutes is created to read:
104.035 Minimum wage. (1) Employees generally. (a) Minimum rates. Except as provided in subs. (2) to (8), the minimum wage is $7.25 per hour.
(b) Allowances for meals and lodging. Except as provided in subs. (2) (b), (2m) (b), and (4) (b) and subject to sub. (3) (b), if an employer furnishes an employee with meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the employer may deduct the following amounts from the wages of the employee:
1. For lodging, $58 per week or $8.30 per day.
2. For meals, $87 per week or $4.15 per meal.
(2) Minor employees. (a)
Minimum rates. Except as provided in subs. (2m) to (8), the minimum wage for a minor employee is $7.25 per hour.
(b) Allowances for meals and lodging. Except as provided in subs. (2m) (b) and (4) (b) and subject to sub. (3) (b), if an employer furnishes a minor employee with meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the employer may deduct the following amounts from the wages of the employee:
1. For lodging, $58 per week or $8.30 per day.
2. For meals, $87 per week or $4.15 per meal.
(2m) Opportunity employees. (a) Minimum rates. Except as provided in subs. (3) to (8), the minimum wage for an opportunity employee is $5.90 per hour.
(b) Allowances for meals and lodging. Except as provided in sub. (4) (b) and subject to sub. (3) (b), if an employer furnishes an opportunity employee with meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the employer may deduct the following amounts from the wages of the employee:
1. For lodging, $47.20 per week or $6.75 per day.
2. For meals, $70.80 per week or $3.35 per meal.
(3) Tipped employees. (a)
Minimum rates. Except as provided in subs. (4) to (8), if an employer of a tipped employee establishes by the employer's payroll records that, when adding the tips received by the tipped employee in a week to the wages paid to the tipped employee in that week, the tipped employee receives not less than the applicable minimum wage specified in sub. (1), (2), or (2m), the minimum wage for the tipped employee is as follows:
1. For wages earned by a tipped employee who is not an opportunity employee, $2.33 per hour.
2. For wages earned by a tipped employee who is an opportunity employee, $2.13 per hour.
(b) Allowances for meals and lodging. If an employer furnishes a tipped employee with meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the employer may deduct the applicable amounts specified in sub. (1) (b), (2) (b), or (2m) (b) from the wages of the tipped employee.
(4) Agricultural employees. (a) Minimum rates. Except as provided in subs. (7) and (8), the minimum wage for an agricultural employee is $7.25 per hour.
(b) Allowances for meals and lodging. If an employer furnishes an agricultural employee with meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the employer may deduct the following amounts from the wages of the employee:
1. For lodging, $58 per week or $8.30 per day.
2. For meals, $87 per week or $4.15 per meal.
