SB2,4
13Section
4. 103.06 (3) (a) 4. of the statutes is amended to read:
SB2,4,214
103.06
(3) (a) 4. That the employer is maintaining records of the hours worked
15by its employees, the wages paid to those employees, any deductions from those
16wages, and any other information that the employer is required to keep under rules
1promulgated under s. 103.02 or
104.04 104.035, and is listing deductions from wages
2as required under s. 103.457.
SB2,5
3Section
5. 103.06 (4) (a) 1. of the statutes is amended to read:
SB2,4,104
103.06
(4) (a) 1. Enter and inspect any place of business or place of employment
5and examine and copy any records that the employer is required to keep under rules
6promulgated under s. 103.02 or
104.04 104.035; any books, registers, payroll records,
7records of wage withholdings, records of work activity and hours of work, and records
8or indicia of the employment status of persons performing work for the employer; and
9any other records relating to compliance with the requirements specified in sub. (3)
10(a).
SB2,6
11Section
6. 103.67 (2) (fm) 3. of the statutes is amended to read:
SB2,4,1312
103.67
(2) (fm) 3. The minor is paid the applicable minimum wage under
ch.
13104 s. 104.035 or under federal law, whichever is greater, for the work.
SB2,7
14Section
7. 103.70 (2) (b) 3. of the statutes is amended to read:
SB2,4,1615
103.70
(2) (b) 3. The minor is paid the applicable minimum wage under
16
ch. 104 s. 104.035 or under federal law, whichever is greater, for the work.
SB2,8
17Section
8. 104.001 (1) of the statutes is amended to read:
SB2,4,2418
104.001
(1) The legislature finds that the provision of a
living minimum wage
19that is uniform throughout the state is a matter of statewide concern and that the
20enactment of a
living minimum wage ordinance by a city, village, town, or county
21would be logically inconsistent with, would defeat the purpose of, and would go
22against the spirit of this chapter. Therefore, this chapter shall be construed as an
23enactment of statewide concern for the purpose of providing a
living minimum wage
24that is uniform throughout the state.
SB2,9
25Section
9. 104.001 (2) of the statutes is amended to read:
SB2,5,3
1104.001
(2) A city, village, town, or county may not enact and administer an
2ordinance establishing a
living minimum wage. Any city, village, town, or county
3living minimum wage ordinance that is in effect on June 16, 2005, is void.
SB2,10
4Section
10. 104.01 (intro.) of the statutes is amended to read:
SB2,5,6
5104.01 Definitions. (intro.)
The following terms as used in In this chapter
6shall be construed as follows:
SB2,11
7Section
11. 104.01 (1) of the statutes is renumbered 104.01 (1m).
SB2,12
8Section
12. 104.01 (1d) of the statutes is created to read:
SB2,5,109
104.01
(1d) "Agricultural employee" means an employee who is employed in
10the operation of farm premises, as described in s. 102.04 (3).
SB2,13
11Section
13. 104.01 (1g) of the statutes is created to read:
SB2,5,1512
104.01
(1g) "Consumer price index" means the average of the consumer price
13index over each 12-month period for all urban consumers, U.S. city average, all
14items, not seasonally adjusted, as determined by the bureau of labor statistics of the
15U.S. department of labor.
SB2,14
16Section
14. 104.01 (5) of the statutes is repealed.
SB2,15
17Section
15. 104.01 (5m) of the statutes is created to read:
SB2,5,1918
104.01
(5m) "Opportunity employee" means a person under 20 years of age who
19is in the first 90 consecutive days of employment with his or her employer.
SB2,16
20Section
16. 104.01 (7m) of the statutes is created to read:
SB2,5,2321
104.01
(7m) "Tipped employee" means an employee who in the course of
22employment customarily and regularly receives money or other gratuities from
23persons other than the employee's employer.
SB2,17
24Section
17. 104.01 (8) of the statutes is amended to read:
SB2,6,2
1104.01
(8) The term "wage" and the term "wages" shall each mean "Wage"
2means any compensation for labor measured by time, piece
, or otherwise.
SB2,18
3Section
18. 104.02 and 104.03 of the statutes are consolidated, renumbered
4104.02 and amended to read:
SB2,6,11
5104.02 Living Minimum wage prescribed: requirement to pay. Every
6wage paid or agreed to be paid by any employer to any employee, except as otherwise
7provided in s. 104.07, shall be not less than
a living the applicable minimum wage
8established under s. 104.035.
104.03 Unlawful wages. Any employer paying,
9offering to pay, or agreeing to pay any employee a wage lower or less in value than
10 a living the applicable minimum wage
established under s. 104.035 is guilty of a
11violation of this chapter.
SB2,19
12Section
19. 104.035 of the statutes is created to read:
SB2,6,14
13104.035 Minimum wage; established. (1) Employees generally. Except
14as provided in subs. (2) to (4), the minimum wage is as follows:
SB2,6,1615
(a) For wages earned before the first day of the 15th month beginning after
16publication .... [LRB inserts date], $8.20 per hour.
SB2,6,1917
(b) For wages earned beginning on the first day of the 15th month beginning
18after publication .... [LRB inserts date], and ending on the last day of the 26th month
19beginning after publication .... [LRB inserts date], $9.15 per hour.
SB2,6,2220
(c) For wages earned beginning on the first day of the 27th month beginning
21after publication .... [LRB inserts date], and ending on the last day of the 38th month
22beginning after publication .... [LRB inserts date], $10.10 per hour.
SB2,6,2523
(d) For wages earned beginning on the first day of the 39th month beginning
24after publication .... [LRB inserts date], the amount determined by the department
25by rule promulgated under sub. (5).
SB2,7,6
1(2) Tipped employees. Except as provided in subs. (3) and (4), if an employer
2of a tipped employee establishes by the employer's payroll records that, when adding
3the tips received by the tipped employee in a week to the wages paid to the tipped
4employee in that week, the tipped employee receives not less than the applicable
5minimum wage specified in sub. (1), the minimum wage for the tipped employee is
6as follows:
SB2,7,87
(a) For wages earned before the first day of the 15th month beginning after
8publication .... [LRB inserts date], $3 per hour.
SB2,7,119
(b) For wages earned beginning on the first day of the 15th month beginning
10after publication .... [LRB inserts date], the amounts determined by the department
11by rule promulgated under sub. (5).
SB2,7,13
12(3) Minimum wage established by department. The department shall
13promulgate rules providing the minimum wage for all of the following:
SB2,7,1414
(a) Opportunity employees.
SB2,7,1515
(b) Agricultural employees.
SB2,7,1616
(c) Camp counselors.
SB2,7,1717
(d) Golf caddies.
SB2,7,1918
(e) An employee or worker with a disability covered under a license under s.
19104.07.
SB2,7,2020
(f) A student learner.
SB2,7,2221
(g) A student employed by an independent college or university for less than
2220 hours per week.
SB2,7,25
23(4) Employment exempted by department. The department shall promulgate
24rules exempting from the minimum wage requirements under subs. (1) to (3) all of
25the following:
SB2,8,2
1(a) A person engaged in casual employment in and around an employer's home
2on an irregular or intermittent basis for not more than 15 hours per week.
SB2,8,63
(b) A person who resides in the home of an employer who, due to advanced age
4or physical or mental disability, cannot care for his or her own needs, for the purpose
5of companionship and who spends not more than 15 hours per week on general
6household work for the employer.
SB2,8,87
(c) An elementary or secondary school student performing student work-like
8activities in the student's school.
SB2,8,18
9(5) Department to revise. (a) 1. Subject to par. (b), by the date specified in sub.
10(1) (d) or (2) (b), whichever is applicable, and annually thereafter, the department
11shall promulgate rules to revise the minimum wages established under subs. (1) and
12(2). Subject to subd. 2., the department shall determine those revised minimum
13wages by calculating the percentage difference between the consumer price index for
14the 12-month period ending on the last day of the last month for which that
15information is available and the consumer price index for the 12-month period
16ending on the last day of the month 12 months prior to that month, adjusting the
17minimum wages then in effect by that percentage difference, and rounding that
18result to the nearest multiple of 5 cents.
SB2,9,319
2. In revising the minimum wage for tipped employees under sub. (2), each year
20the department shall increase that minimum wage by 95 cents or by the amount that
21is necessary for that minimum wage to equal 70 percent of the minimum wage under
22sub. (1) as determined under subd. 1., rounded to the nearest multiple of 5 cents,
23whichever is less. For years subsequent to the first year in which the minimum wage
24under sub. (2) equals 70 percent of the minimum wage under sub. (1) as determined
25under subd. 1., the department shall revise the minimum wage under sub. (2) by the
1amount that is necessary for that minimum wage to remain equal to 70 percent of
2the minimum wage under sub. (1) as determined under subd. 1., rounded to the
3nearest multiple of 5 cents.
SB2,9,154
3. The department may use the emergency rule procedures under s. 227.24 to
5promulgate the rules required under subds. 1. and 2. Notwithstanding s. 227.24 (1)
6(a) and (3), the department may promulgate those rules as emergency rules without
7providing evidence that promulgating those rules as emergency rules is necessary
8to preserve the public peace, health, safety, or welfare and without a finding of
9emergency. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., the department is not
10required to prepare a statement of the scope of those rules or to submit those rules
11in final draft form to the governor for approval. A revised minimum wage
12determined under subd. 1. or 2. shall first apply to wages earned on the first day of
13the 3rd month beginning after the month of publication .... [LRB inserts date], of the
14year in which the wage is revised and, notwithstanding s. 227.24 (1) (c) and (2), shall
15remain in effect until that same date the following year.
SB2,9,1916
(b) Paragraph (a) 1. does not apply if the consumer price index for the 12-month
17period ending on the last day of the last month for which that information is available
18has not increased over the consumer price index for the 12-month period ending on
19the last day of the month 12 months prior to that month.
SB2,9,20
20(6) Gender-specific minimum wage prohibited.
SB2,20
21Section
20. 104.04 (title) of the statutes is repealed.
SB2,21
22Section
21. 104.04 of the statutes is renumbered 104.035 (6) and amended to
23read:
SB2,9,2524
104.035
(6) The department shall investigate, ascertain, determine, and fix
25such reasonable classifications, and shall impose general or special orders,
1determining the living wage, and shall carry out the purposes of this chapter. Such
2investigations, classifications, and orders shall be made as provided under s.
3103.005, and the penalties specified in s. 103.005 (12) shall apply to and be imposed
4for any violation of this chapter. In determining the living wage, the department may
5consider the effect that an increase in the living wage might have on the economy of
6the state, including the effect of a living wage increase on job creation, retention, and
7expansion, on the availability of entry-level jobs, and on regional economic
8conditions within the state. The department may not establish a different minimum
9wage for men and women.
Said orders shall be subject to review in the manner
10provided in ch. 227.
SB2,22
11Section
22. 104.045 of the statutes is renumbered 104.045 (intro.) and
12amended to read:
SB2,10,15
13104.045 Tipped employees Tips, meals, lodging, and hours worked. 14(intro.) The department shall
by rule determine what amount of promulgate rules
15governing all of the following:
SB2,10,17
16(1) The counting of tips or similar gratuities
may be counted toward fulfillment
17of the employer's obligation under this chapter.
SB2,23
18Section
23. 104.045 (2) and (3) of the statutes are created to read:
SB2,10,2019
104.045
(2) The deduction of meals or lodging provided by an employer to an
20employee from the employer's obligation under this chapter.
SB2,10,22
21(3) The determination of hours worked by an employee during which the
22employee is entitled to the minimum wage established under s. 104.035.
SB2,24
23Section
24. 104.05 of the statutes is repealed.
SB2,25
24Section
25. 104.06 of the statutes is repealed.
SB2,26
25Section
26. 104.07 (1) and (2) of the statutes are amended to read:
SB2,11,7
1104.07
(1) The department shall
make promulgate rules, and, except as
2provided under subs. (5), (6), and (7), grant
licenses
a license to any employer who
3employs any employee
who is unable to earn the living wage determined by the
4department, permitting the employee to work for a wage that for whom the minimum
5wage established under s. 104.035 is
not commensurate with the employee's ability.
6Each license so granted shall establish a wage for
the licensee any such employees
7of the licensee.
SB2,11,13
8(2) The department shall
make promulgate rules, and, except as provided
9under subs. (5), (6), and (7), grant
licenses a license to
a sheltered
workshops 10workshop, to permit the employment of workers with disabilities
who are unable to
11earn the living wage at a wage that is commensurate with their ability and
12productivity. A license granted to a sheltered workshop under this subsection may
13be issued for the entire workshop or a department of the workshop.
SB2,27
14Section
27. 104.08 (2m) of the statutes is amended to read:
SB2,11,1715
104.08
(2m) Any person working in a trade industry for which a
living 16minimum wage has been established for minors, and who has no trade, shall be
17employed under an apprentice contract under s. 106.01.
SB2,28
18Section
28. 104.10 of the statutes is amended to read:
SB2,11,25
19104.10 Penalty for intimidating witness. Any employer who discharges or
20threatens to discharge, or
who in any way discriminates
, or threatens to discriminate
21against
, any employee because the employee has testified or is about to testify, or
22because the employer believes that the employee may testify, in any investigation or
23proceeding relative to the enforcement of this chapter,
is guilty of a misdemeanor,
24and upon conviction thereof shall be punished by a fine of may be fined $25 for each
25offense.
SB2,29
1Section
29. 104.11 of the statutes is repealed.
SB2,30
2Section
30. 104.12 of the statutes is amended to read:
SB2,12,9
3104.12 Complaints. Any person may register with the department a
4complaint that the wages paid to an employee for whom a
living minimum wage has
5been established
under s. 104.035 are less than that
living minimum wage, and the
6department shall investigate the matter and take all proceedings necessary to
7enforce the payment of
a that minimum wage
that is not less than the living wage.
8Section 111.322 (2m) applies to discharge and other discriminatory acts arising in
9connection with any proceeding under this section.
SB2,31
10Section
31. 234.94 (5) of the statutes is amended to read:
SB2,12,1411
234.94
(5) "Primary employment" means work
which that pays at least the
12minimum wage as established under
ch. 104 s. 104.035 (1) or under federal law,
13whichever is greater
,; offers adequate fringe benefits, including health insurance
,; 14and is not seasonal or part time.
SB2,32
15Section
32. 234.94 (8) of the statutes is amended to read:
SB2,12,2116
234.94
(8) "Target group" means a population group for which the
17unemployment level is at least
25% 25 percent higher than the statewide
18unemployment level, or a population group for which the average wage received is
19less than 1.2 times the minimum wage as established under
ch. 104 s. 104.035 (1) 20or under federal law, whichever is greater. No population group is required to be
21located within a contiguous geographic area to be considered a target group.
SB2,33
22Section
33. 800.09 (1j) of the statutes is amended to read:
SB2,13,923
800.09
(1j) If the court orders the defendant to perform community service
24work in lieu of making restitution or of paying the forfeiture, surcharges, fees and
25costs, or both, the court may order that the defendant perform community service
1work for a public agency or a nonprofit charitable organization that is approved by
2the court and agreed to by the public agency or nonprofit charitable organization.
3Community service work may be in lieu of restitution only if also agreed to by the
4person to whom restitution is owed. The number of hours of community service work
5required may not exceed the number determined by dividing the amount owed on the
6forfeiture by the minimum wage established under
ch. 104 for adults in
7nonagriculture, nontipped employment s. 104.035 (1). The court shall ensure that
8the defendant is provided a written statement of the terms of the community service
9order and that the community service order is monitored.
SB2,34
10Section
34. 800.095 (1) (d) of the statutes is amended to read:
SB2,13,2111
800.095
(1) (d) That the defendant perform community service work for a
12public agency or nonprofit charitable organization approved by the court and agreed
13to by the agency or nonprofit charitable organization. If the community service work
14is in lieu of restitution, then the person to whom restitution is owed must agree; the
15defendant shall be given credit at the rate of not less than the minimum wage
16established under
ch. 104 for adults in nonagriculture, nontipped employment s.
17104.035 (1) for each one hour of community service completed. The defendant shall
18be given a written statement of the community service order. Nothing in this
19paragraph makes the defendant an employee or agent of the court or the
20municipality. The defendant shall be responsible for providing the court with proof
21that the community service hours have been completed.
SB2,35
22Section
35. 895.035 (2m) (c) of the statutes is amended to read:
SB2,14,1523
895.035
(2m) (c) The court assigned to exercise jurisdiction under chs. 48 and
24938 may order that the juvenile perform community service work for a public agency
25or nonprofit charitable organization that is designated by the court in lieu of making
1restitution or paying the forfeiture or surcharge. If the parent agrees to perform
2community service work in lieu of making restitution or paying the forfeiture or
3surcharge, the court may order that the parent perform community service work for
4a public agency or a nonprofit charitable organization that is designated by the court.
5Community service work may be in lieu of restitution only if also agreed to by the
6public agency or nonprofit charitable organization and by the person to whom
7restitution is owed. The court may utilize any available resources, including any
8community service work program, in ordering the juvenile or parent to perform
9community service work. The number of hours of community service work required
10may not exceed the number determined by dividing the amount owed on the
11restitution, forfeiture
, or surcharge by the minimum wage established under
12
ch. 104 for adults in nonagriculture, nontipped employment s. 104.035 (1). The court
13shall ensure that the juvenile or parent is provided with a written statement of the
14terms of the community service order and that the community service order is
15monitored.
SB2,36
16Section
36.
Effective date.
SB2,14,1817
(1)
Minimum wage. This act takes effect on the first day of the 3rd month
18beginning after publication.