Amendment SA46-SSA1-SB21

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SB21-SSA1-SA46,28 Section 28. 104.05 of the statutes is repealed.

SB21-SSA1-SA46,29 Section 29. 104.06 of the statutes is repealed.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