Amendment SA46-SSA1-SB21

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SB21-SSA1-SA46,18 Section 18. 104.01 (5) of the statutes is repealed.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

SB21-SSA1-SA46,17,17 104.12 Complaints. Any person may register with the department a complaint that the wages paid to an employee for whom a living minimum wage has been established under s. 104.035 are less than that living minimum wage, and the department shall investigate the matter and take all proceedings necessary to enforce the payment of a that minimum wage that is not less than the living wage. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.

SB21-SSA1-SA46,35 Section 35. 109.09 (1) of the statutes is amended to read:

SB21-SSA1-SA46,18,14 109.09 (1) The department shall investigate and attempt equitably to adjust controversies between employers and employees as to alleged wage claims. The department may receive and investigate any wage claim which is filed with the department, or received by the department under s. 109.10 (4), no later than 2 years after the date the wages are due. The department may, after receiving a wage claim, investigate any wages due from the employer against whom the claim is filed to any employee during the period commencing 2 years before the date the claim is filed. The department shall enforce this chapter and ss. 66.0903, 103.02, 103.023, 103.49, 103.82, 104.12, and 229.8275. In pursuance of this duty, the department may sue the employer on behalf of the employee to collect any wage claim or wage deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions under s. 109.10, the department may refer such an action to the district attorney of the county in which the violation occurs for prosecution and collection and the district attorney shall commence an action in the circuit court having appropriate jurisdiction. Any number of wage claims or wage deficiencies against the same employer may be joined in a single proceeding, but the court may order separate trials or hearings. In actions that are referred to a district attorney under this subsection, any taxable costs recovered by the district attorney shall be paid into the general fund of the county in which the violation occurs and used by that county to meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office of the district attorney who prosecuted the action.

SB21-SSA1-SA46,36 Section 36. 111.322 (2m) (a) of the statutes is amended to read:

SB21-SSA1-SA46,18,19 111.322 (2m) (a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.023, 103.10, 103.13, 103.28, 103.32, 103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

SB21-SSA1-SA46,37 Section 37. 111.322 (2m) (b) of the statutes is amended to read:

SB21-SSA1-SA46,18,24 111.322 (2m) (b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.023, 103.10, 103.13, 103.28, 103.32, 103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

SB21-SSA1-SA46,38 Section 38. 234.94 (5) of the statutes is amended to read:

SB21-SSA1-SA46,19,4 234.94 (5) "Primary employment" means work which that pays at least the minimum wage as established under ch. 104 s. 104.035 (1) or under federal law, whichever is greater,; offers adequate fringe benefits, including health insurance,; and is not seasonal or part time.

SB21-SSA1-SA46,39 Section 39. 234.94 (8) of the statutes is amended to read:

SB21-SSA1-SA46,19,11 234.94 (8) "Target group" means a population group for which the unemployment level is at least 25% 25 percent higher than the statewide unemployment level, or a population group for which the average wage received is less than 1.2 times the minimum wage as established under ch. 104 s. 104.035 (1) or under federal law, whichever is greater. No population group is required to be located within a contiguous geographic area to be considered a target group.

SB21-SSA1-SA46,40 Section 40. 800.09 (1j) of the statutes is amended to read:

SB21-SSA1-SA46,19,24 800.09 (1j) If the court orders the defendant to perform community service work in lieu of making restitution or of paying the forfeiture, surcharges, fees and costs, or both, the court may order that the defendant perform community service work for a public agency or a nonprofit charitable organization that is approved by the court and agreed to by the public agency or nonprofit charitable organization. Community service work may be in lieu of restitution only if also agreed to by the person to whom restitution is owed. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the forfeiture by the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment s. 104.035 (1). The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.

SB21-SSA1-SA46,41 Section 41. 800.095 (1) (d) of the statutes is amended to read:

SB21-SSA1-SA46,20,11 800.095 (1) (d) That the defendant perform community service work for a public agency or nonprofit charitable organization approved by the court and agreed to by the agency or nonprofit charitable organization. If the community service work is in lieu of restitution, then the person to whom restitution is owed must agree; the defendant shall be given credit at the rate of not less than the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment s. 104.035 (1) for each one hour of community service completed. The defendant shall be given a written statement of the community service order. Nothing in this paragraph makes the defendant an employee or agent of the court or the municipality. The defendant shall be responsible for providing the court with proof that the community service hours have been completed.

SB21-SSA1-SA46,42 Section 42. 895.035 (2m) (c) of the statutes is amended to read:

SB21-SSA1-SA46,21,5 895.035 (2m) (c) The court assigned to exercise jurisdiction under chs. 48 and 938 may order that the juvenile perform community service work for a public agency or nonprofit charitable organization that is designated by the court in lieu of making restitution or paying the forfeiture or surcharge. If the parent agrees to perform community service work in lieu of making restitution or paying the forfeiture or surcharge, the court may order that the parent perform community service work for a public agency or a nonprofit charitable organization that is designated by the court. Community service work may be in lieu of restitution only if also agreed to by the public agency or nonprofit charitable organization and by the person to whom restitution is owed. The court may utilize any available resources, including any community service work program, in ordering the juvenile or parent to perform community service work. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the restitution, forfeiture, or surcharge by the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment s. 104.035 (1). The court shall ensure that the juvenile or parent is provided with a written statement of the terms of the community service order and that the community service order is monitored.".

SB21-SSA1-SA46,21,6 (End)