AB64: Bill Text

AB64,644,16 103.06 (6) (d) The employer or the department may commence an action for the judicial review of a decision of the commission administrator under par. (c) within 30 days after the administrator's decision was electronically delivered to the employer or mailed to the employer's last-known address. The scope of judicial review under this paragraph, and the manner of that review insofar as is applicable, shall be the same as that provided in s. 108.09 (7). An order to stop work that is in effect under par. (b) 3. shall remain in effect as provided in par. (b) 3. during the pendency of a review under this paragraph.

AB64,1378 Section 1378. 103.06 (6) (e) of the statutes is amended to read:

AB64,644,25 103.06 (6) (e) In addition to any forfeiture for which the employer may be liable under sub. (5) (c) and any other penalty for which the employer may be liable for a violation of a requirement specified in sub. (3) (a), any employer that violates a final order to stop work of the department under sub. (5) (b) or final decision of an appeal tribunal, the commission administrator, or a court affirming such an order under par. (b), (c), or (d) is subject to a forfeiture of $1,000 for each day of violation. An employer may seek review of a forfeiture imposed under this paragraph in the same manner as an order to stop work is reviewed under pars. (a) to (d).

AB64,1379 Section 1379. 103.10 (12) (b) of the statutes is amended to read:

AB64,645,13 103.10 (12) (b) An employee who believes his or her employer has violated sub. (11) (a) or (b) may, within 30 days after the violation occurs or the employee should reasonably have known that the violation occurred, whichever is later, file a complaint with the department alleging the violation. Except as provided in s. 230.45 (1m), the department shall investigate the complaint and shall attempt to resolve the complaint by conference, conciliation or persuasion. The parties may also attempt to resolve the complaint through offers of settlement in accordance with s. 103.12. If the complaint is not resolved through settlement under s. 103.12 or otherwise and the department finds probable cause to believe a violation has occurred, the department shall proceed with notice and a hearing on the complaint as provided in ch. 227. The hearing shall be held within 60 days after the department receives the complaint.

AB64,1380 Section 1380 . 103.10 (12) (d) of the statutes is amended to read:

AB64,645,21 103.10 (12) (d) The department shall issue its decision and order within 30 days after the hearing. If the department finds that an employer violated sub. (11) (a) or (b), it may, except as provided in s. 103.12 (12), order the employer to take action to remedy the violation, including providing requested family leave or medical leave, reinstating an employee, providing back pay accrued not more than 2 years before the complaint was filed and paying reasonable actual attorney fees to the complainant.

AB64,1381 Section 1381 . 103.11 (12) (a) of the statutes is amended to read:

AB64,646,8 103.11 (12) (a) An employee who believes his or her employer has violated sub. (11) (a) or (b) may, within 30 days after the violation occurs or the employee should reasonably have known that the violation occurred, whichever is later, file a complaint with the department alleging the violation. The department shall investigate the complaint and shall attempt to resolve the complaint by conference, conciliation, or persuasion. The parties may also attempt to resolve the complaint through offers of settlement in accordance with s. 103.12. If the complaint is not resolved through settlement under s. 103.12 or otherwise and the department finds probable cause to believe a violation has occurred, the department shall proceed with notice and a hearing on the complaint as provided in ch. 227. The hearing shall be held within 60 days after the department receives the complaint.

AB64,1382 Section 1382 . 103.11 (12) (b) of the statutes is amended to read:

AB64,646,16 103.11 (12) (b) The department shall issue its decision and order within 30 days after the hearing. If the department finds that an employer violated sub. (11) (a) or (b), it may, except as provided in s. 103.12 (12), order the employer to take action to remedy the violation, including providing the requested bone marrow and organ donation leave, reinstating an employee, providing back pay accrued not more than 2 years before the complaint was filed, and paying reasonable actual attorney fees to the complainant.

AB64,1383 Section 1383. 103.12 of the statutes is created to read:

AB64,646,18 103.12 Offers of settlement. (1) In this section:

AB64,646,20 (a) “More favorable award” means an order under s. 103.10 (12) (d) or 103.11 (12) (b) to which either of the following applies:

AB64,646,23 1. The order includes an order of reinstatement, or for some other substantive or tangible benefit besides a mere finding that the law was violated, that was not provided for in a settlement offer made under this section.

AB64,647,3 2. The order includes a monetary award to the complainant that, exclusive of the complainant's pre-offer costs and post-offer costs, exceeds the compensation provided for in a settlement offer made under this section.

AB64,647,5 (b) “Prejudgment interest” means interest at an annual rate equal to 1 percent plus the prime rate in effect on the date of the settlement offer.

AB64,647,9 (c) “Pre-offer costs” and “post-offer costs” include reasonable attorney fees, filing fees, subpoena fees, copying costs, court reporter fees, reasonable investigative costs, reasonable travel expenses, and all other similar fees and expenses related to litigating the complaint.

AB64,647,11 (2) This section applies with respect to complaints under s. 103.10 (12) or 103.11 (12).

AB64,647,16 (3) Unless otherwise specified, a settlement offer made under this section is an offer to resolve all claims between the parties. Settlement offers made under this section shall be construed as including all compensation that may be awarded under s. 103.10 (12) (d) or 103.11 (12) (b) or in a civil action under s. 103.10 (13) or 103.11 (13).

AB64,647,21 (4) At any time between 10 days after a complaint is filed under s. 103.10 (12) (b) or 103.11 (12) (a) and 10 days prior to commencement of a hearing under s. 103.10 (12) (b) or 103.11 (12) (a), any party may serve an offer upon any other party to the action for settlement to be entered in accordance with the terms and conditions stated at that time.

AB64,647,23 (5) A settlement offer under sub. (4) shall include a citation to this section and shall satisfy all of the following:

AB64,647,24 (a) Be in writing.

AB64,647,25 (b) Identify parties making the offer and the parties to whom the offer is made.

AB64,648,1 (c) Identify generally the claim the offer is attempting to resolve.

AB64,648,2 (d) State the terms and conditions of the offer.

AB64,648,3 (e) Include one of the following:

AB64,648,7 1. If the complainant is making the offer, the statement “In accordance with and subject to s. 103.12, Wis. Stats., if this offer is not accepted and a more favorable award is obtained by the complainant, prejudgment interest will attach to the final award from the date this offer was received.”

AB64,648,11 2. If the respondent is making the offer, the statement “In accordance with and subject to s. 103.12, Wis. Stats., if this offer is not accepted and the complainant fails to obtain a more favorable award, the respondent will be entitled to post-offer costs and fees, including attorney fees, from the date this offer was received.”

AB64,648,13 (f) State the deadline by which the offer must be accepted, in accordance with sub. (11) (b).

AB64,648,16 (g) Include a provision that requires the accepting party and, if the accepting party is represented by an attorney, the accepting party's attorney to indicate acceptance of the offer by signing a statement that the offer is accepted.

AB64,648,17 (h) Be signed by the offeror or the offeror's attorney of record.

AB64,648,18 (i) Include a certificate of service and be served by certified mail.

AB64,648,19 (j) Be served on all parties to whom the offer is made.

AB64,648,23 (6) (a) A settlement offer may be made subject to a confidentiality requirement and such other reasonable conditions, including the execution of appropriate releases, indemnities, and other documents, as are typical of such settlement agreements.

AB64,648,25 (b) All terms and conditions included in a final and fully executed settlement agreement are presumed to be reasonable.

AB64,649,5 (c) 1. Notwithstanding subs. (12) and (13), if a settlement offer is declined by the offeree because of a condition the offeree believes to be unreasonable, and the condition is later determined by the department to be unreasonable under the circumstances of the case, the offer may not be the basis for an award of post-offer costs or prejudgment interest.

AB64,649,7 2. Notwithstanding subd. 1., if a complainant fails to obtain a more favorable award, the monetary amount in the settlement offer shall be considered reasonable.

AB64,649,10 (7) Service of a settlement offer tolls the offeror's obligations regarding discovery, responsive pleadings, and other investigative and litigation obligations until one of the following occurs:

AB64,649,12 (a) The offeree accepts or declines the offer as provided in sub. (10) (a) or (11) (a).

AB64,649,15 (b) If the offer expires as provided in sub. (11) (b), the offeree acknowledges receipt of the offer in writing, with the signature of the offeree and, if the offeree is represented by an attorney, the offeree's attorney.

AB64,649,17 (8) A settlement offer may be withdrawn in writing at any time prior to acceptance by the offeree. Once withdrawn, the offer is void.

AB64,649,22 (9) Any settlement offer, the acceptance or declination of any such offer, and any negotiations related to such offers may not be proffered or accepted as evidence nor mentioned in a hearing under s. 103.10 (12) (b) or 103.11 (12) (a) or in any other proceedings relating to the claim, except as provided in sub. (14), and shall be treated for all other purposes as provided in s. 904.08.

AB64,650,4 (10) (a) Any acceptance of a settlement offer shall, whether made on the document containing the offer or on a separate document of acceptance, be in writing, be promptly delivered to the offeror or the offeror's attorney, and include the signature of the accepting party and, if the accepting party is represented by an attorney, the accepting party's attorney. Upon acceptance, the parties are obligated to enter into good faith negotiations to memorialize the terms of the settlement and execute documents necessary to effectuate the settlement.

AB64,650,9 (b) If a settlement offer is accepted, the parties shall promptly file with the department a notice that settlement has been reached between the parties in accordance with this section, together with the complainant's request for dismissal of the complaint, and the department shall enter the settlement and dismissal of the complaint accordingly.

AB64,650,13 (11) (a) Any declination of a settlement offer shall, except as provided in par. (b), be in writing, be promptly delivered to the offeror or the offeror's attorney, and include the signature of the offeree and, if the offeree is represented by an attorney, the offeree's attorney.

AB64,650,16 (b) If a settlement offer is not accepted or declined in accordance with this section prior to a hearing or within 10 days after it is served, whichever occurs first, the offer shall expire and shall be deemed declined.

AB64,650,24 (12) (a) If a respondent's settlement offer is not accepted and the complainant fails to obtain a more favorable award, the complainant shall not recover any post-offer costs and shall pay the respondent's post-offer costs from the date of the offer. In addition, the complainant shall be required to pay a reasonable sum to cover the costs of services of any expert witness who is not a regular employee of any party that are actually incurred and reasonably necessary in preparation for the hearing or during the hearing. This subsection supersedes any statute awarding post-offer costs and fees to a prevailing complainant.

AB64,651,5 (b) If a respondent's settlement offer is not accepted and the complainant fails to obtain a more favorable award, the amounts under par. (a) shall be deducted from any award made in favor of the complainant. If the post-offer costs of the respondent exceed the amount awarded to the complainant, the net amount shall be awarded to the respondent and the award shall be entered accordingly.

AB64,651,7 (13) If a complainant's settlement offer is not accepted and the complainant obtains a more favorable award, the department shall do all of the following:

AB64,651,8 (a) Award prejudgment interest on the final award from the date of the offer.

AB64,651,12 (b) Require the respondent to pay a reasonable sum to cover the costs of services of any expert witness who is not a regular employee of any party that are actually incurred and reasonably necessary in preparation for the hearing or during the hearing, in addition to the complainant's costs.

AB64,651,19 (14) (a) After the department makes an order under s. 103.10 (12) (d) or 103.11 (12) (b), either party may make a subsequent motion to introduce evidence of a valid settlement offer made under this section that was declined. The motion shall be made within 10 business days after the date of the award and shall identify the parties in the offer, who made the offer, the amount of the offer, the date of the offer, and the date it was declined. The motion shall also identify the effect the declined offer has on the final award and how the department should proceed.

AB64,651,21 (b) A nonmoving party may file a response to a motion under par. (a) within 5 business days after the movant files the motion.

AB64,651,24 (15) Police officers shall be permitted to testify as expert witnesses for the purposes of this section. For purposes of this section, “complainant” includes a cross-complainant and “respondent” includes a cross-respondent.

AB64,1384 Section 1384 . 103.503 (1) (a) of the statutes is amended to read:

AB64,652,6 103.503 (1) (a) “Accident" means an incident caused, contributed to, or otherwise involving an employee that resulted or could have resulted in death, personal injury, or property damage and that occurred while the employee was performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 (2m), 2015 stats., on a project of public works or while the employee was performing work on a public utility project.

AB64,1385 Section 1385 . 103.503 (1) (c) of the statutes is amended to read:

AB64,652,11 103.503 (1) (c) “Contracting agency" means a local governmental unit, as defined in s. 66.0903 (1) (d), or a state agency, as defined in s. 16.856 (1) (h), that has contracted for the performance of work on a project of public works or a public utility that has contracted for the performance of work on a public utility project.

AB64,1386 Section 1386 . 103.503 (1) (e) of the statutes is amended to read:

AB64,652,15 103.503 (1) (e) “Employee" means a laborer, worker, mechanic, or truck driver who performs the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 (2m), 2015 stats., on a project of public works or on a public utility project.

AB64,1387 Section 1387 . 103.503 (1) (fm) of the statutes is created to read:

AB64,652,20 103.503 (1) (fm) “Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, a combination or subunit of any of the foregoing, or an instrumentality of the state and any of the foregoing.

AB64,1388 Section 1388 . 103.503 (1) (g) of the statutes is amended to read:

AB64,653,2 103.503 (1) (g) “Project of public works" means a project of public works that is subject to s. 16.856 or that would be subject to s. 66.0903, 2013 stats., if the project were erected, constructed, repaired, remodeled, or demolished prior to January 1, 2017, or that would be subject to s. 16.856, 2015 stats., if the project were erected, constructed, repaired, remodeled, or demolished prior to the effective date of this paragraph .... [LRB inserts date].

AB64,1389 Section 1389 . 103.503 (1) (j) of the statutes is created to read:

AB64,653,9 103.503 (1) (j) “State agency" means any office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts. “State agency" also includes the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, and the Wisconsin Aerospace Authority.

AB64,1390 Section 1390 . 103.503 (2) of the statutes is amended to read:

AB64,653,18 103.503 (2) Substance abuse prohibited. No employee may use, possess, attempt to possess, distribute, deliver, or be under the influence of a drug, or use or be under the influence of alcohol, while performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 (2m), 2015 stats., on a project of public works or while performing work on a public utility project. An employee is considered to be under the influence of alcohol for purposes of this subsection if he or she has an alcohol concentration that is equal to or greater than the amount specified in s. 885.235 (1g) (d).

AB64,1391 Section 1391 . 103.503 (3) (a) 2. of the statutes is amended to read:

AB64,654,2 103.503 (3) (a) 2. A requirement that employees performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 (2m), 2015 stats., on a project of public works or performing work on a public utility project submit to random, reasonable suspicion, and post-accident drug and alcohol testing and to drug and alcohol testing before commencing work on the project, except that testing of an employee before commencing work on a project is not required if the employee has been participating in a random testing program during the 90 days preceding the date on which the employee commenced work on the project.

AB64,1392 Section 1392 . 103.545 (6) of the statutes is amended to read:

AB64,654,9 103.545 (6) Upon complaint of an affected employer, labor organization, or employee, the department may investigate violations and issue orders to enforce this section. The investigations and orders shall be made as provided under s. 103.005. Orders are subject to review as provided in ch. 227. The department of justice may, upon request of the commission department, prosecute violations of this section in any court of competent jurisdiction.

AB64,1393 Section 1393. 106.005 of the statutes is created to read:

AB64,654,14 106.005 Apprenticeship coordinator. The department shall designate an employee of the department to serve as an apprenticeship coordinator to expand and streamline apprenticeship program offerings for inmates in correctional facilities in this state.

AB64,1394 Section 1394. 106.025 (3) of the statutes is amended to read:

AB64,654,21 106.025 (3) After the expiration of an apprenticeship term, no apprentice may engage in the business of plumbing either as an apprentice or as a journeyman plumber unless the apprentice secures a journeyman plumber's license. In case of failure to pass the examination for the license, he or she may continue to serve as an apprentice but not beyond the time for reexamination for a journeyman plumber's license, as prescribed by the rules of the department.

AB64,1395 Section 1395 . 106.04 of the statutes is repealed.

AB64,1396 Section 1396 . 106.125 of the statutes is created to read:

AB64,655,3 106.125 Early college credit program. On behalf of the school board of a school district, the department of workforce development shall pay to the department of public instruction the costs of tuition for a pupil who attends an institution of higher education under the program under s. 118.55 as provided under s. 118.55 (5) (e) 2. and 3.

AB64,1397 Section 1397. 106.27 (1) of the statutes is renumbered 106.27 (1) (intro.) and amended to read:

AB64,655,14 106.27 (1) Workforce training grants. (intro.) From the appropriation under s. 20.445 (1) (b), the department shall award grants to public and private organizations for the development and implementation of workforce training programs. An organization that is awarded a grant under this subsection may use the grant for the training of unemployed and underemployed workers and incumbent employees of businesses in this state. As a condition of receiving a grant under this subsection, the department may require a public or private organization to provide matching funds at a percentage to be determined by the department. Grants awarded under this subsection may include any of the following:

AB64,1398 Section 1398. 106.27 (1) (a) of the statutes is created to read:

AB64,655,18 106.27 (1) (a) Grants for collaborative projects among school districts, technical colleges, and businesses to provide high school students with industry-recognized certifications in high-demand fields, as determined by the department.

AB64,1399 Section 1399. 106.27 (1) (b) of the statutes is created to read:

AB64,655,21 106.27 (1) (b) 1. Grants for programs that train teachers and that train individuals to become teachers, including teachers in dual enrollment programs.

AB64,655,22 2. In this paragraph:

AB64,656,2 a. “Dual enrollment program" means a program or course of study designed to provide high school students the opportunity to gain credits in both technical college and high school, including transcripted credit programs or other educational services provided by contract between a school district and a technical college.

AB64,656,3 b. “Teacher” includes an instructor at a technical college under ch. 38.