MIM:amn
2019 - 2020 LEGISLATURE
February 28, 2020 - Introduced by Representatives Sargent, Subeck, Anderson,
Bowen, Brostoff, Crowley, Goyke, Hesselbein, Ohnstad, Pope, Riemer,
Sinicki, Spreitzer, Stuck, C. Taylor, Zamarripa, Cabrera, Considine, Fields,
Hebl, Neubauer and Stubbs, cosponsored by Senators Wirch,
Carpenter,
Larson, Johnson, Ringhand, Risser, Smith and L. Taylor. Referred to
Committee on Labor and Integrated Employment.
AB961,1,5
1An Act to repeal 104.001, 104.01 (5g), 104.01 (7m) and 104.045 (1);
to amend
2104.045 (title);
to repeal and recreate 104.035; and
to create 104.01 (1g) and
3227.01 (13) (Lw) of the statutes;
relating to: a state minimum wage, allowing
4the enactment of local minimum wage ordinances, and requiring the exercise
5of rule-making authority.
Analysis by the Legislative Reference Bureau
AB961,1,20
Currently, the state minimum wage law requires that employers pay the
applicable minimum wage set in statute to their employees. Under that law, the
current minimum wage for employees generally is $7.25 per hour. This bill raises
the minimum wage for employees generally as follows:
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See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
Beginning six years after the bill's effective date, the bill requires the
Department of Workforce Development annually to revise the minimum wage
established under the bill by determining the percentage difference between the
consumer price index for the preceding 12-month period (year) and the consumer
price index for the year before the preceding year, adjusting the minimum wage then
in effect by that percentage difference, and rounding that result to the nearest
multiple of five cents. DWD, however, is not required to revise the general minimum
wage if the consumer price index for the preceding year has not increased over the
consumer price index for the year before the preceding year. DWD is required to
publish the revised minimum wage in the Wisconsin Administrative Register and on
DWD's Internet site.
The bill also repeals 1) provisions establishing a separate, lower minimum
wage for tipped employees; 2) a provision that requires DWD to promulgate rules
governing the counting of tips or similar gratuities toward payment of the minimum
wage; 3) provisions setting specific meal and lodging allowances; and 4) provisions
establishing minimum wages for minor employees, opportunity employees,
agricultural employees, and others and instead requires DWD to establish the
minimum wage for those employees by rule.
Finally, current law prohibits a city, village, town, or county from enacting and
administering an ordinance establishing a minimum wage. This bill eliminates that
prohibition.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB961,1
1Section
1. 104.001 of the statutes is repealed.
AB961,2
2Section 2
. 104.01 (1g) of the statutes is created to read:
AB961,2,63
104.01
(1g) “Consumer price index" means the average of the consumer price
4index over each 12-month period for all urban consumers, U.S. city average, all
5items, not seasonally adjusted, as determined by the bureau of labor statistics of the
6U.S. department of labor.
AB961,3
7Section
3. 104.01 (5g) of the statutes is repealed.
AB961,4
8Section
4. 104.01 (7m) of the statutes is repealed.
AB961,5
9Section 5
. 104.035 of the statutes is repealed and recreated to read:
AB961,3,2
1104.035 Minimum wage; established. (1) Employees generally. Except
2as provided in subs. (2) and (3), the minimum wage is as follows:
AB961,3,43
(a) For wages earned before the first day of the 15th month beginning after
4publication .... [LRB inserts date], $8.50 per hour.
AB961,3,75
(b) For wages earned beginning on the first day of the 15th month beginning
6after publication .... [LRB inserts date], and ending on the last day of the 26th month
7beginning after publication .... [LRB inserts date], $10 per hour.
AB961,3,108
(c) For wages earned beginning on the first day of the 27th month beginning
9after publication .... [LRB inserts date], and ending on the last day of the 38th month
10beginning after publication .... [LRB inserts date], $11.50 per hour.
AB961,3,1311
(d) For wages earned beginning on the first day of the 39th month beginning
12after publication .... [LRB inserts date], and ending on the last day of the 50th month
13beginning after publication .... [LRB inserts date], $13 per hour.
AB961,3,1614
(e) For wages earned beginning on the first day of the 51st month beginning
15after publication .... [LRB inserts date], and ending on the last day of the 62nd month
16beginning after publication .... [LRB inserts date], $14 per hour.
AB961,3,1917
(f) For wages earned beginning on the first day of the 63rd month beginning
18after publication .... [LRB inserts date], and ending on the last day of the 74th month
19beginning after publication .... [LRB inserts date], $15 per hour.
AB961,3,2220
(g) For wages earned beginning on the first day of the 75th month beginning
21after publication .... [LRB inserts date], the amount determined by the department
22under sub. (4).
AB961,3,24
23(2) Minimum wage established by department. The department shall
24promulgate rules providing the minimum wage for all of the following:
AB961,3,2525
(a) Opportunity employees.
AB961,4,1
1(b) Agricultural employees.
AB961,4,22
(c) Camp counselors.
AB961,4,33
(d) Golf caddies.
AB961,4,54
(e) An employee or worker with a disability covered under a license under s.
5104.07.
AB961,4,66
(f) A student learner.
AB961,4,87
(g) A student employed by an independent college or university for less than
820 hours per week.
AB961,4,11
9(3) Employment exempted by department. The department shall promulgate
10rules exempting from the minimum wage requirement under subs. (1) and (2) all of
11the following:
AB961,4,1312
(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.
AB961,4,1714
(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.
AB961,4,1918
(c) An elementary or secondary school student performing student work-like
19activities in the student's school.
AB961,5,4
20(4) Department to revise. (a) Subject to par. (b), by the date specified in sub.
21(1) (g) and annually thereafter, the department shall revise the minimum wage
22under sub. (1) (g) by calculating the percentage difference between the consumer
23price index for the 12-month period ending on the last day of the last month for which
24that information is available and the consumer price index for the 12-month period
25ending on the last day of the month 12 months prior to that month, adjusting the
1minimum wage then in effect by that percentage difference, and rounding that result
2to the nearest multiple of 5 cents. The department shall annually have the revised
3amount published in the Wisconsin Administrative Register and on the
4department's Internet site.
AB961,5,85
(b) Paragraph (a) does not apply if the consumer price index for the 12-month
6period ending on the last day of the last month for which that information is available
7has not increased over the consumer price index for the 12-month period ending on
8the last day of the month 12 months prior to that month.
AB961,5,10
9(5) Gender-specific minimum wage prohibited. The department may not
10establish a different minimum wage for men and women.
AB961,6
11Section 6
. 104.045 (title) of the statutes is amended to read:
AB961,5,12
12104.045 (title)
Tips, meals, Meals, lodging, and hours worked.
AB961,7
13Section 7
. 104.045 (1) of the statutes is repealed.
AB961,8
14Section 8
. 227.01 (13) (Lw) of the statutes is created to read:
AB961,5,1515
227.01
(13) (Lw) Adjusts the minimum wage under s. 104.035 (8m).
AB961,9
16Section 9
.
Effective date.
AB961,5,1817
(1)
Minimum wage. This act takes effect on the first day of the 3rd month
18beginning after publication.