Amendment SA46-SSA1-SB21

SB21-SSA1-SA46,6,17 (f) "Primary duty" means the principal, main, major, or most important duty that an employee performs as determined on the basis of all the factors in a particular case, with the major emphasis on the character of the employee's job as a whole, including all of the following factors:

SB21-SSA1-SA46,6,19 1. The relative importance of the employee's duties as an exempt employee as compared to other types of duties.

SB21-SSA1-SA46,6,21 2. The amount of time spent by the employee performing the duties of an exempt employee.

SB21-SSA1-SA46,6,22 3. The employee's relative freedom from direct supervision.

SB21-SSA1-SA46,6,25 4. The relationship between the employee's salary and the wages paid to other employees for the kind of work, other than the work of an exempt employee, performed by the employee.

SB21-SSA1-SA46,7,5 (2) Exempt employees. In promulgating rules under s. 103.02 (2) classifying periods of time into periods to be paid for at regular rates and periods to be paid for at a rate of at least 1.5 times the regular rates, the department shall exempt from the application of those rules employees employed in a bona fide administrative, executive, or professional capacity.

SB21-SSA1-SA46,7,17 (3) Pay rate determination. (a) For the purpose of sub. (1) (b), (c), and (d), the rate of compensation shall be $970 per week until the first day of the 18th month beginning after the effective date of this paragraph .... [LRB inserts date]. By the first day of the 18th month beginning after the effective date of this paragraph .... [LRB inserts date], and annually thereafter, the department shall, subject to par. (c), promulgate rules to revise that rate. The department shall revise the rate of compensation by calculating the percentage difference between the consumer price index for the 12-month period ending on the last day of the last month for which that information is available and the consumer price index for the 12-month period ending on the last day of the month 12 months prior to that month, adjusting the rate then in effect by that percentage difference, and rounding that result to the nearest multiple of 5 cents.

SB21-SSA1-SA46,7,25 (b) The department may use the emergency rule procedures under s. 227.24 to promulgate the rules required under par. (a). Notwithstanding s. 227.24 (1) (a) and (3), the department may promulgate those rules as emergency rules without providing evidence that promulgating those rules as emergency rules is necessary to preserve the public peace, health, safety, or welfare and without a finding of emergency. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., the department is not required to prepare a statement of the scope of those rules or to submit those rules in final draft form to the governor for approval.

SB21-SSA1-SA46,8,4 (c) Paragraph (a) does not apply if the consumer price index for the 12-month period ending on the last day of the last month for which that information is available has not increased over the consumer price index for the 12-month period ending on the last day of the month 12 months prior to that month.

SB21-SSA1-SA46,5 Section 5. 103.03 of the statutes is amended to read:

SB21-SSA1-SA46,8,15 103.03 Violations; penalty. The employment of any person in any employment or place of employment at any time other than the permissible hours of labor shall be prima facie evidence of a violation of this section Any employer that violates s. 103.02 or 103.023 is subject to the penalties under s. 103.005 (12). Every day for each person employed, and every week for each person employed, during which any employer fails to observe or to comply with any order of the department, or to perform any duty enjoined by ss. 103.01 to 103.03 required by s. 103.02 or 103.023, shall constitute a separate offense. Section 111.322 (2m) applies to discharge or other discriminatory acts arising in connection with any proceeding under s. 103.02 or 103.023.

SB21-SSA1-SA46,6 Section 6. 103.06 (1) (b) 5. of the statutes is amended to read:

SB21-SSA1-SA46,8,19 103.06 (1) (b) 5. For purposes of maintaining records under sub. (3) (a) 4. as required under rules promulgated under s. 104.04 104.035, an employee, as defined in s. 104.01 (2).

SB21-SSA1-SA46,7 Section 7. 103.06 (1) (c) 5. of the statutes is amended to read:

SB21-SSA1-SA46,8,23 103.06 (1) (c) 5. For purposes of maintaining records under sub. (3) (a) 4. as required under rules promulgated under s. 104.04 104.035, an employer, as defined in s. 104.01 (3).

SB21-SSA1-SA46,8 Section 8. 103.06 (3) (a) 4. of the statutes is amended to read:

SB21-SSA1-SA46,9,5 103.06 (3) (a) 4. That the employer is maintaining records of the hours worked by its employees, the wages paid to those employees, any deductions from those wages, and any other information that the employer is required to keep under rules promulgated under s. 103.02 or 104.04 104.035, and is listing deductions from wages as required under s. 103.457.

SB21-SSA1-SA46,9 Section 9. 103.06 (4) (a) 1. of the statutes is amended to read:

SB21-SSA1-SA46,9,13 103.06 (4) (a) 1. Enter and inspect any place of business or place of employment and examine and copy any records that the employer is required to keep under rules promulgated under s. 103.02 or 104.04 104.035; any books, registers, payroll records, records of wage withholdings, records of work activity and hours of work, and records or indicia of the employment status of persons performing work for the employer; and any other records relating to compliance with the requirements specified in sub. (3) (a).

SB21-SSA1-SA46,10 Section 10. 103.67 (2) (fm) 3. of the statutes is amended to read:

SB21-SSA1-SA46,9,16 103.67 (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.

SB21-SSA1-SA46,11 Section 11. 103.70 (2) (b) 3. of the statutes is amended to read:

SB21-SSA1-SA46,9,19 103.70 (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.

SB21-SSA1-SA46,12 Section 12. 104.001 (1) of the statutes is amended to read:

SB21-SSA1-SA46,9,25 104.001 (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.

SB21-SSA1-SA46,13 Section 13. 104.001 (2) of the statutes is amended to read:

SB21-SSA1-SA46,10,6 104.001 (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.

SB21-SSA1-SA46,14 Section 14. 104.01 (intro.) of the statutes is amended to read:

SB21-SSA1-SA46,10,9 104.01 Definitions. (intro.) The following terms as used in In this chapter shall be construed as follows:

SB21-SSA1-SA46,15 Section 15. 104.01 (1) of the statutes is renumbered 104.01 (1m).

SB21-SSA1-SA46,16 Section 16. 104.01 (1d) of the statutes is created to read:

SB21-SSA1-SA46,10,13 104.01 (1d) "Agricultural employee" means an employee who is employed in the operation of farm premises, as described in s. 102.04 (3).

SB21-SSA1-SA46,17 Section 17. 104.01 (1g) of the statutes is created to read:

SB21-SSA1-SA46,10,18 104.01 (1g) "Consumer price index" means the average of the consumer price index over each 12-month period for all urban consumers, U.S. city average, all items, not seasonally adjusted, as determined by the bureau of labor statistics of the U.S. department of labor.

SB21-SSA1-SA46,18 Section 18. 104.01 (5) of the statutes is repealed.

SB21-SSA1-SA46,19 Section 19. 104.01 (5m) of the statutes is created to read:

SB21-SSA1-SA46,10,22 104.01 (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.

SB21-SSA1-SA46,20 Section 20. 104.01 (7m) of the statutes is created to read:

SB21-SSA1-SA46,11,3 104.01 (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.

SB21-SSA1-SA46,21 Section 21. 104.01 (8) of the statutes is amended to read:

SB21-SSA1-SA46,11,6 104.01 (8) The term "wage" and the term "wages" shall each mean "Wage" means any compensation for labor measured by time, piece, or otherwise.

SB21-SSA1-SA46,22 Section 22. 104.02 and 104.03 of the statutes are consolidated, renumbered 104.02 and amended to read:

SB21-SSA1-SA46,11,15 104.02 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.

SB21-SSA1-SA46,23 Section 23. 104.035 of the statutes is created to read:

SB21-SSA1-SA46,11,18 104.035 Minimum wage; established. (1) Employees generally. Except as provided in subs. (2) to (4), the minimum wage is as follows:

SB21-SSA1-SA46,11,20 (a) For wages earned before the first day of the 15th month beginning after publication .... [LRB inserts date], $8.20 per hour.

SB21-SSA1-SA46,11,23 (b) For wages earned beginning on the first day of the 15th month beginning after publication .... [LRB inserts date], and ending on the last day of the 26th month beginning after publication .... [LRB inserts date], $9.15 per hour.

SB21-SSA1-SA46,12,3 (c) For wages earned beginning on the first day of the 27th month beginning after publication .... [LRB inserts date], and ending on the last day of the 38th month beginning after publication .... [LRB inserts date], $10.10 per hour.

SB21-SSA1-SA46,12,6 (d) For wages earned beginning on the first day of the 39th month beginning after publication .... [LRB inserts date], the amount determined by the department by rule promulgated under sub. (5).

SB21-SSA1-SA46,12,12 (2) Tipped employees. Except as provided in subs. (3) and (4), 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), the minimum wage for the tipped employee is as follows:

SB21-SSA1-SA46,12,14 (a) For wages earned before the first day of the 15th month beginning after publication .... [LRB inserts date], $3 per hour.

SB21-SSA1-SA46,12,17 (b) For wages earned beginning on the first day of the 15th month beginning after publication .... [LRB inserts date], the amounts determined by the department by rule promulgated under sub. (5).

SB21-SSA1-SA46,12,19 (3) Minimum wage established by department. The department shall promulgate rules providing the minimum wage for all of the following:

SB21-SSA1-SA46,12,20 (a) Opportunity employees.

SB21-SSA1-SA46,12,21 (b) Agricultural employees.

SB21-SSA1-SA46,12,22 (c) Camp counselors.

SB21-SSA1-SA46,12,23 (d) Golf caddies.

SB21-SSA1-SA46,12,25 (e) An employee or worker with a disability covered under a license under s. 104.07.

SB21-SSA1-SA46,13,1 (f) A student learner.

SB21-SSA1-SA46,13,3 (g) A student employed by an independent college or university for less than 20 hours per week.

SB21-SSA1-SA46,13,6 (4) Employment exempted by department. The department shall promulgate rules exempting from the minimum wage requirements under subs. (1) to (3) all of the following:

SB21-SSA1-SA46,13,8 (a) A person engaged in casual employment in and around an employer's home on an irregular or intermittent basis for not more than 15 hours per week.

SB21-SSA1-SA46,13,12 (b) A person who resides in the home of an employer who, due to advanced age or physical or mental disability, cannot care for his or her own needs, for the purpose of companionship and who spends not more than 15 hours per week on general household work for the employer.

SB21-SSA1-SA46,13,14 (c) An elementary or secondary school student performing student work-like activities in the student's school.

SB21-SSA1-SA46,13,24 (5) Department to revise. (a) 1. Subject to par. (b), by the date specified in sub. (1) (d) or (2) (b), whichever is applicable, and annually thereafter, the department shall promulgate rules to revise the minimum wages established under subs. (1) and (2). Subject to subd. 2., the department shall determine those revised minimum wages by calculating the percentage difference between the consumer price index for the 12-month period ending on the last day of the last month for which that information is available and the consumer price index for the 12-month period ending on the last day of the month 12 months prior to that month, adjusting the minimum wages then in effect by that percentage difference, and rounding that result to the nearest multiple of 5 cents.

SB21-SSA1-SA46,14,10 2. In revising the minimum wage for tipped employees under sub. (2), each year the department shall increase that minimum wage by 95 cents or by the amount that is necessary for that minimum wage to equal 70 percent of the minimum wage under sub. (1) as determined under subd. 1., rounded to the nearest multiple of 5 cents, whichever is less. For years subsequent to the first year in which the minimum wage under sub. (2) equals 70 percent of the minimum wage under sub. (1) as determined under subd. 1., the department shall revise the minimum wage under sub. (2) by the amount that is necessary for that minimum wage to remain equal to 70 percent of the minimum wage under sub. (1) as determined under subd. 1., rounded to the nearest multiple of 5 cents.

SB21-SSA1-SA46,14,22 3. The department may use the emergency rule procedures under s. 227.24 to promulgate the rules required under subds. 1. and 2. Notwithstanding s. 227.24 (1) (a) and (3), the department may promulgate those rules as emergency rules without providing evidence that promulgating those rules as emergency rules is necessary to preserve the public peace, health, safety, or welfare and without a finding of emergency. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., the department is not required to prepare a statement of the scope of those rules or to submit those rules in final draft form to the governor for approval. A revised minimum wage determined under subd. 1. or 2. shall first apply to wages earned on the first day of the 3rd month beginning after the month of publication .... [LRB inserts date], of the year in which the wage is revised and, notwithstanding s. 227.24 (1) (c) and (2), shall remain in effect until that same date the following year.

SB21-SSA1-SA46,15,2 (b) Paragraph (a) 1. does not apply if the consumer price index for the 12-month period ending on the last day of the last month for which that information is available has not increased over the consumer price index for the 12-month period ending on the last day of the month 12 months prior to that month.

SB21-SSA1-SA46,15,3 (6) Gender-specific minimum wage prohibited.

SB21-SSA1-SA46,24 Section 24. 104.04 (title) of the statutes is repealed.

SB21-SSA1-SA46,25 Section 25. 104.04 of the statutes is renumbered 104.035 (6) and amended to read:

SB21-SSA1-SA46,15,18 104.035 (6) The department shall investigate, ascertain, determine, and fix such reasonable classifications, and shall impose general or special orders, determining the living wage, and shall carry out the purposes of this chapter. Such investigations, classifications, and orders shall be made as provided under s. 103.005, and the penalties specified in s. 103.005 (12) shall apply to and be imposed for any violation of this chapter. In determining the living wage, the department may consider the effect that an increase in the living wage might have on the economy of the state, including the effect of a living wage increase on job creation, retention, and expansion, on the availability of entry-level jobs, and on regional economic conditions within the state. The department may not establish a different minimum wage for men and women. Said orders shall be subject to review in the manner provided in ch. 227.

SB21-SSA1-SA46,26 Section 26. 104.045 of the statutes is renumbered 104.045 (intro.) and amended to read:

SB21-SSA1-SA46,15,23 104.045 Tipped employees Tips, meals, lodging, and hours worked. (intro.) The department shall by rule determine what amount of promulgate rules governing all of the following:

SB21-SSA1-SA46,15,25 (1) The counting of tips or similar gratuities may be counted toward fulfillment of the employer's obligation under this chapter.

SB21-SSA1-SA46,27 Section 27. 104.045 (2) and (3) of the statutes are created to read:

SB21-SSA1-SA46,16,3 104.045 (2) The deduction of meals or lodging provided by an employer to an employee from the employer's obligation under this chapter.

SB21-SSA1-SA46,16,5 (3) The determination of hours worked by an employee during which the employee is entitled to the minimum wage established under s. 104.035.

SB21-SSA1-SA46,28 Section 28. 104.05 of the statutes is repealed.

SB21-SSA1-SA46,29 Section 29. 104.06 of the statutes is repealed.

SB21-SSA1-SA46,30 Section 30. 104.07 (1) and (2) of the statutes are amended to read:

SB21-SSA1-SA46,16,15 104.07 (1) The department shall make promulgate rules, and, except as provided under subs. (5), (6), and (7), grant licenses a license to any employer who employs any employee who is unable to earn the living wage determined by the department, permitting the employee to work for a wage that for whom the minimum wage established under s. 104.035 is not commensurate with the employee's ability. Each license so granted shall establish a wage for the licensee any such employees of the licensee.

SB21-SSA1-SA46,16,21 (2) The department shall make promulgate rules, and, except as provided under subs. (5), (6), and (7), grant licenses a license to a sheltered workshops workshop, to permit the employment of workers with disabilities who are unable to earn the living wage at a wage that is commensurate with their ability and productivity. A license granted to a sheltered workshop under this subsection may be issued for the entire workshop or a department of the workshop.

SB21-SSA1-SA46,31 Section 31. 104.08 (2m) of the statutes is amended to read:

SB21-SSA1-SA46,16,25 104.08 (2m) Any person working in a trade industry for which a living minimum wage has been established for minors, and who has no trade, shall be employed under an apprentice contract under s. 106.01.

SB21-SSA1-SA46,32 Section 32. 104.10 of the statutes is amended to read:

SB21-SSA1-SA46,17,8 104.10 Penalty for intimidating witness. Any employer who discharges or threatens to discharge, or who in any way discriminates, or threatens to discriminate against, any employee because the employee has testified or is about to testify, or because the employer believes that the employee may testify, in any investigation or proceeding relative to the enforcement of this chapter, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of may be fined $25 for each offense.

SB21-SSA1-SA46,33 Section 33. 104.11 of the statutes is repealed.

SB21-SSA1-SA46,34 Section 34. 104.12 of the statutes is amended to read: