SB44-SA4,3,2120
104.01
(1d) "Agricultural employee" means an employee who is employed in
21the operation of farm premises, as described in s. 102.04 (3).
SB44-SA4,1g
22Section 1g. 104.01 (1g) of the statutes is created to read:
SB44-SA4,4,223
104.01
(1g) "Consumer price index" means the average of the consumer price
24index over each 12-month period for all urban consumers, U.S. city average, all
1items, not seasonally adjusted, as determined by the bureau of labor statistics of the
2U.S. department of labor.
SB44-SA4,1gm
3Section 1gm. 104.01 (5) of the statutes is repealed.
SB44-SA4,1h
4Section 1h. 104.01 (5m) of the statutes is created to read:
SB44-SA4,4,65
104.01
(5m) "Opportunity employee" means a person under 20 years of age who
6is in the first 90 consecutive days of employment with his or her employer.
SB44-SA4,1hm
7Section 1hm. 104.01 (7m) of the statutes is created to read:
SB44-SA4,4,108
104.01
(7m) "Tipped employee" means an employee who in the course of
9employment customarily and regularly receives money or other gratuities from
10persons other than the employee's employer.
SB44-SA4,1i
11Section 1i. 104.01 (8) of the statutes is amended to read:
SB44-SA4,4,1312
104.01
(8) The term "wage" and the term "wages" shall each mean "Wage"
13means any compensation for labor measured by time, piece
, or otherwise.
SB44-SA4,1im
14Section 1im. 104.02 and 104.03 of the statutes are consolidated, renumbered
15104.02 and amended to read:
SB44-SA4,4,22
16104.02 Living Minimum wage prescribed: requirement to pay. Every
17wage paid or agreed to be paid by any employer to any employee, except as otherwise
18provided in s. 104.07, shall be not less than
a living the applicable minimum wage
19established under s. 104.035.
104.03 Unlawful wages. Any employer paying,
20offering to pay, or agreeing to pay any employee a wage lower or less in value than
21 a living the applicable minimum wage
established under s. 104.035 is guilty of a
22violation of this chapter.
SB44-SA4,1k
23Section 1k. 104.035 of the statutes is created to read:
SB44-SA4,4,25
24104.035 Minimum wage; established.
(1) Employees generally. Except
25as provided in subs. (2) to (4), the minimum wage is as follows:
SB44-SA4,5,2
1(a) For wages earned before the first day of the 15th month beginning after
2publication .... [LRB inserts date], $8.20 per hour.
SB44-SA4,5,53
(b) For wages earned beginning on the first day of the 15th month beginning
4after publication .... [LRB inserts date], and ending on the last day of the 26th month
5beginning after publication .... [LRB inserts date], $9.15 per hour.
SB44-SA4,5,86
(c) For wages earned beginning on the first day of the 27th month beginning
7after publication .... [LRB inserts date], and ending on the last day of the 38th month
8beginning after publication .... [LRB inserts date], $10.10 per hour.
SB44-SA4,5,119
(d) For wages earned beginning on the first day of the 39th month beginning
10after publication .... [LRB inserts date], the amount determined by the department
11by rule promulgated under sub. (5).
SB44-SA4,5,17
12(2) Tipped employees. Except as provided in subs. (3) and (4), if an employer
13of a tipped employee establishes by the employer's payroll records that, when adding
14the tips received by the tipped employee in a week to the wages paid to the tipped
15employee in that week, the tipped employee receives not less than the applicable
16minimum wage specified in sub. (1), the minimum wage for the tipped employee is
17as follows:
SB44-SA4,5,1918
(a) For wages earned before the first day of the 15th month beginning after
19publication .... [LRB inserts date], $3 per hour.
SB44-SA4,5,2220
(b) For wages earned beginning on the first day of the 15th month beginning
21after publication .... [LRB inserts date], the amounts determined by the department
22by rule promulgated under sub. (5).
SB44-SA4,5,24
23(3) Minimum wage established by department. The department shall
24promulgate rules providing the minimum wage for all of the following:
SB44-SA4,5,2525
(a) Opportunity employees.
SB44-SA4,6,1
1(b) Agricultural employees.
SB44-SA4,6,22
(c) Camp counselors.
SB44-SA4,6,33
(d) Golf caddies.
SB44-SA4,6,54
(e) An employee or worker with a disability covered under a license under s.
5104.07.
SB44-SA4,6,66
(f) A student learner.
SB44-SA4,6,87
(g) A student employed by an independent college or university for less than
820 hours per week.
SB44-SA4,6,11
9(4) Employment exempted by department. The department shall promulgate
10rules exempting from the minimum wage requirements under subs. (1) to (3) all of
11the following:
SB44-SA4,6,1312
(a) A person engaged in casual employment in and around an employer's home
13on an irregular or intermittent basis for not more than 15 hours per week.
SB44-SA4,6,1714
(b) A person who resides in the home of an employer who, due to advanced age
15or physical or mental disability, cannot care for his or her own needs, for the purpose
16of companionship and who spends not more than 15 hours per week on general
17household work for the employer.
SB44-SA4,6,1918
(c) An elementary or secondary school student performing student work-like
19activities in the student's school.
SB44-SA4,7,4
20(5) Department to revise. (a) 1. Subject to par. (b), by the date specified in sub.
21(1) (d) or (2) (b), whichever is applicable, and annually thereafter, the department
22shall promulgate rules to revise the minimum wages established under subs. (1) and
23(2). Subject to subd. 2., the department shall determine those revised minimum
24wages by calculating the percentage difference between the consumer price index for
25the 12-month period ending on the last day of the last month for which that
1information is available and the consumer price index for the 12-month period
2ending on the last day of the month 12 months prior to that month, adjusting the
3minimum wages then in effect by that percentage difference, and rounding that
4result to the nearest multiple of 5 cents.
SB44-SA4,7,145
2. In revising the minimum wage for tipped employees under sub. (2), each year
6the department shall increase that minimum wage by 95 cents or by the amount that
7is necessary for that minimum wage to equal 70 percent of the minimum wage under
8sub. (1) as determined under subd. 1., rounded to the nearest multiple of 5 cents,
9whichever is less. For years subsequent to the first year in which the minimum wage
10under sub. (2) equals 70 percent of the minimum wage under sub. (1) as determined
11under subd. 1., the department shall revise the minimum wage under sub. (2) by the
12amount that is necessary for that minimum wage to remain equal to 70 percent of
13the minimum wage under sub. (1) as determined under subd. 1., rounded to the
14nearest multiple of 5 cents.
SB44-SA4,8,215
3. The department may use the emergency rule procedures under s. 227.24 to
16promulgate the rules required under subds. 1. and 2. Notwithstanding s. 227.24 (1)
17(a) and (3), the department may promulgate those rules as emergency rules without
18providing evidence that promulgating those rules as emergency rules is necessary
19to preserve the public peace, health, safety, or welfare and without a finding of
20emergency. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., the department is not
21required to prepare a statement of the scope of those rules or to submit those rules
22in final draft form to the governor for approval. A revised minimum wage
23determined under subd. 1. or 2. shall first apply to wages earned on the first day of
24the 3rd month beginning after the month of publication .... [LRB inserts date], of the
1year in which the wage is revised and, notwithstanding s. 227.24 (1) (c) and (2), shall
2remain in effect until that same date the following year.
SB44-SA4,8,63
(b) Paragraph (a) 1. does not apply if the consumer price index for the 12-month
4period ending on the last day of the last month for which that information is available
5has not increased over the consumer price index for the 12-month period ending on
6the last day of the month 12 months prior to that month.
SB44-SA4,8,7
7(6) Gender-specific minimum wage prohibited.
SB44-SA4,1km
8Section 1km. 104.04 (title) of the statutes is repealed.
SB44-SA4,1L
9Section 1L. 104.04 of the statutes is renumbered 104.035 (6) and amended to
10read:
SB44-SA4,8,2211
104.035
(6) The department shall investigate, ascertain, determine, and fix
12such reasonable classifications, and shall impose general or special orders,
13determining the living wage, and shall carry out the purposes of this chapter. Such
14investigations, classifications, and orders shall be made as provided under s.
15103.005, and the penalties specified in s. 103.005 (12) shall apply to and be imposed
16for any violation of this chapter. In determining the living wage, the department may
17consider the effect that an increase in the living wage might have on the economy of
18the state, including the effect of a living wage increase on job creation, retention, and
19expansion, on the availability of entry-level jobs, and on regional economic
20conditions within the state. The department may not establish a different minimum
21wage for men and women.
Said orders shall be subject to review in the manner
22provided in ch. 227.
SB44-SA4,1Lm
23Section 1Lm. 104.045 of the statutes is renumbered 104.045 (intro.) and
24amended to read:
SB44-SA4,9,3
1104.045 Tipped employees Tips, meals, lodging, and hours worked. 2(intro.) The department shall
by rule determine what amount of promulgate rules
3governing all of the following:
SB44-SA4,9,5
4(1) The counting of tips or similar gratuities
may be counted toward fulfillment
5of the employer's obligation under this chapter.
SB44-SA4,1m
6Section 1m. 104.045 (2) and (3) of the statutes are created to read:
SB44-SA4,9,87
104.045
(2) The deduction of meals or lodging provided by an employer to an
8employee from the employer's obligation under this chapter.
SB44-SA4,9,10
9(3) The determination of hours worked by an employee during which the
10employee is entitled to the minimum wage established under s. 104.035.
SB44-SA4,1mm
11Section 1mm. 104.05 of the statutes is repealed.
SB44-SA4,1n
12Section 1n. 104.06 of the statutes is repealed.
SB44-SA4,1nm
13Section 1nm. 104.07 (1) and (2) of the statutes are amended to read:
SB44-SA4,9,2014
104.07
(1) The department shall
make promulgate rules, and, except as
15provided under subs. (5), (6), and (7), grant
licenses a license to any employer who
16employs any employee
who is unable to earn the living wage determined by the
17department, permitting the employee to work for a wage that
for whom the minimum
18wage established under s. 104.035 is
not commensurate with the employee's ability.
19Each license so granted shall establish a wage for
the licensee any such employees
20of the licensee.
SB44-SA4,9,24
21(2) The department shall
make
promulgate rules, and, except as provided
22under subs. (5), (6), and (7), grant
licenses
a license to
a sheltered
workshops 23workshop, to permit the employment of workers with disabilities
who are unable to
24earn the living wage at a wage that is commensurate with their ability and
1productivity. A license granted to a sheltered workshop under this subsection may
2be issued for the entire workshop or a department of the workshop.
SB44-SA4,1o
3Section 1o. 104.08 (2m) of the statutes is amended to read:
SB44-SA4,10,64
104.08
(2m) Any person working in a trade industry for which a
living 5minimum wage has been established for minors, and who has no trade, shall be
6employed under an apprentice contract under s. 106.01.
SB44-SA4,1om
7Section 1om. 104.10 of the statutes is amended to read:
SB44-SA4,10,14
8104.10 Penalty for intimidating witness. Any employer who discharges or
9threatens to discharge, or
who in any way discriminates
, or threatens to discriminate
10against
, any employee because the employee has testified or is about to testify, or
11because the employer believes that the employee may testify, in any investigation or
12proceeding relative to the enforcement of this chapter,
is guilty of a misdemeanor,
13and upon conviction thereof shall be punished by a fine of may be fined $25 for each
14offense.
SB44-SA4,1p
15Section 1p. 104.11 of the statutes is repealed.
SB44-SA4,1pm
16Section 1pm. 104.12 of the statutes is amended to read:
SB44-SA4,10,23
17104.12 Complaints. Any person may register with the department a
18complaint that the wages paid to an employee for whom a
living minimum wage has
19been established
under s. 104.035 are less than that
living minimum wage, and the
20department shall investigate the matter and take all proceedings necessary to
21enforce the payment of
a that minimum wage
that is not less than the living wage.
22Section 111.322 (2m) applies to discharge and other discriminatory acts arising in
23connection with any proceeding under this section.".
SB44-SA4,11,1
1"
Section 11c. 234.94 (5) of the statutes is amended to read:
SB44-SA4,11,52
234.94
(5) "Primary employment" means work
which that pays at least the
3minimum wage as established under
ch. 104 s. 104.035 (1) or under federal law,
4whichever is greater
,; offers adequate fringe benefits, including health insurance
,; 5and is not seasonal or part time.
SB44-SA4,11g
6Section 11g. 234.94 (8) of the statutes is amended to read:
SB44-SA4,11,127
234.94
(8) "Target group" means a population group for which the
8unemployment level is at least
25% 25 percent higher than the statewide
9unemployment level, or a population group for which the average wage received is
10less than 1.2 times the minimum wage as established under
ch. 104 s. 104.035 (1) or
11under federal law, whichever is greater. No population group is required to be located
12within a contiguous geographic area to be considered a target group.
SB44-SA4,11n
13Section 11n. 800.09 (1j) of the statutes is amended to read:
SB44-SA4,11,2514
800.09
(1j) If the court orders the defendant to perform community service
15work in lieu of making restitution or of paying the forfeiture, surcharges, fees and
16costs, or both, the court may order that the defendant perform community service
17work for a public agency or a nonprofit charitable organization that is approved by
18the court and agreed to by the public agency or nonprofit charitable organization.
19Community service work may be in lieu of restitution only if also agreed to by the
20person to whom restitution is owed. The number of hours of community service work
21required may not exceed the number determined by dividing the amount owed on the
22forfeiture by the minimum wage established under
ch. 104 for adults in
23nonagriculture, nontipped employment s. 104.035 (1). The court shall ensure that
24the defendant is provided a written statement of the terms of the community service
25order and that the community service order is monitored.
SB44-SA4,11r
1Section 11r. 800.095 (1) (d) of the statutes is amended to read:
SB44-SA4,12,122
800.095
(1) (d) That the defendant perform community service work for a
3public agency or nonprofit charitable organization approved by the court and agreed
4to by the agency or nonprofit charitable organization. If the community service work
5is in lieu of restitution, then the person to whom restitution is owed must agree; the
6defendant shall be given credit at the rate of not less than the minimum wage
7established under
ch. 104 for adults in nonagriculture, nontipped employment s.
8104.035 (1) for each one hour of community service completed. The defendant shall
9be given a written statement of the community service order. Nothing in this
10paragraph makes the defendant an employee or agent of the court or the
11municipality. The defendant shall be responsible for providing the court with proof
12that the community service hours have been completed.
SB44-SA4,11w
13Section 11w. 895.035 (2m) (c) of the statutes is amended to read:
SB44-SA4,13,514
895.035
(2m) (c) The court assigned to exercise jurisdiction under chs. 48 and
15938 may order that the juvenile perform community service work for a public agency
16or nonprofit charitable organization that is designated by the court in lieu of making
17restitution or paying the forfeiture or surcharge. If the parent agrees to perform
18community service work in lieu of making restitution or paying the forfeiture or
19surcharge, the court may order that the parent perform community service work for
20a public agency or a nonprofit charitable organization that is designated by the court.
21Community service work may be in lieu of restitution only if also agreed to by the
22public agency or nonprofit charitable organization and by the person to whom
23restitution is owed. The court may utilize any available resources, including any
24community service work program, in ordering the juvenile or parent to perform
25community service work. The number of hours of community service work required
1may not exceed the number determined by dividing the amount owed on the
2restitution, forfeiture
, or surcharge by the minimum wage established under
ch. 104
3for adults in nonagriculture, nontipped employment s. 104.035 (1). The court shall
4ensure that the juvenile or parent is provided with a written statement of the terms
5of the community service order and that the community service order is monitored.".