AB583,9,97 2. An employer is not required to pay compensation to a service employee under
8subd. 1. for a change to the service employee's work schedule if any of the following
9applies to the change:
AB583,9,1010 a. The service employee consents to the change.
AB583,9,1311 b. The employer requires the service employee to work additional time or an
12additional work shift because another service employee was scheduled to work that
13time or work shift and is unexpectedly unavailable to work.
AB583,9,1814 (c) Employee-initiated changes to work schedules. An employer may allow a
15service employee to agree to work in place of another service employee if the service
16employees mutually agree to the change. The employer is not required to provide
17compensation under par. (b) 1. to a service employee with respect to a work shift
18agreement under this paragraph.
AB583,9,2319 (d) Compensation for reporting time, on-call time, and split shifts. 1. Except
20as provided in subd. 4., if a service employee reports to work and the service
21employee's employer does not allow the service employee to work all time that the
22service employee is scheduled to work, the employer shall provide the service
23employee with the following compensation:
AB583,9,2524 a. If the service employee is scheduled to work 4 hours or less, an amount equal
25to the service employee's regular rate of pay for all time the service employee is

1scheduled to work but does not work in addition to any other compensation earned
2by the service employee for time the service employee actually works.
AB583,10,73 b. If the service employee is scheduled to work more than 4 hours and works
4less than 4 hours, an amount equal to the service employee's regular rate of pay for
5the difference between 4 hours and the amount of time the service employee actually
6works in addition to any other compensation earned by the service employee for time
7the service employee actually works.
AB583,10,148 2. Except as provided in subd. 4., if an employer requires a service employee
9to contact the employer, or wait to be contacted by the employer, less than 24 hours
10before a work shift begins to determine whether the employer will require the service
11employee to report to work for that work shift, the employer shall provide the service
12employee compensation in an amount equal to the service employee's regular rate of
13pay for one hour of work in addition to any other compensation earned by the service
14employee for time the service employee actually works.
AB583,10,1915 3. Except as provided in subd. 4, if an employer requires a service employee to
16work a split shift, the employer shall provide the service employee compensation in
17an amount equal to the service employee's regular rate of pay for one hour of work
18in addition to any other compensation earned by the service employee for time the
19service employee actually works.
AB583,10,2320 4. If a service employee is entitled to more than one type of compensation under
21subds. 1. to 3. with respect to a particular work shift, the employer shall pay the
22service employee the compensation required under subd. 1., 2., or 3., whichever is
23greatest.
AB583,11,424 (e) Manner of payment of additional compensation. An employer that is
25required to provide compensation to a service employee under par. (b) 1. or (d) shall

1pay that compensation on the service employee's regular paycheck or other wage
2payment. The employer shall identify on the paycheck, pay envelope, or paper
3accompanying the wage payment the amount of and reason for all additional
4compensation paid.
AB583,11,75 (f) Exception. An employer is not required to comply with this subsection
6during a period in which the employer's regular operations are suspended due to an
7event outside of the employer's control.
AB583,11,158 (g) Designating additional covered occupations. The department may
9promulgate rules to apply the protections afforded under pars. (a) to (f) to additional
10occupations. The department may designate an occupation under this paragraph if
11the department determines that at least 10 percent of the individuals employed in
12the occupation either typically receive notice of changes to their work schedules less
13than 14 days before the changes take effect or regularly experience fluctuations in
14the number of hours the individuals are scheduled to work on a daily, weekly, or
15monthly basis.
AB583,11,22 16(4) Prohibited acts. (a) No employer may interfere with, restrain, or deny the
17exercise of the right of an employee to request and receive a change in the terms and
18conditions of employment as provided under sub. (2). No employer may interfere
19with, restrain, or deny the exercise of the right of a service employee to receive
20advance notice of work schedules as provided under sub. (3) (a), receive
21compensation as provided under sub. (3) (b) 1. and (d), or request approval to work
22in place of another employee as provided under sub. (3) (c).
AB583,12,423 (b) No employer may discharge or discriminate against an employee in
24promotion, in compensation, or in the terms, conditions, or privileges of employment
25for exercising a right of an employee described under par. (a), opposing a practice

1prohibited under this section, filing or indicating an intent to file a complaint or
2otherwise attempting to enforce a right under this section, or testifying, assisting,
3or participating in any manner in any investigation, action, or proceeding to enforce
4a right under this section.
AB583,12,65 (c) Section 111.322 (2m) applies to discharge or other discriminatory acts
6arising in connection with any proceeding under this section.
AB583,12,14 7(5) Enforcement. (a) Administrative proceeding. An employee whose rights
8are interfered with, restrained, or denied in violation of sub. (4) (a) or who is
9discharged or discriminated against in violation of sub. (4) (b) may file a complaint
10with the department, and the department shall process the complaint in the same
11manner that employment discrimination complaints are processed under s. 111.39.
12If the department finds that a violation has occurred, the department may order the
13employer to take action to remedy the violation, including any action authorized
14under s. 111.39.
AB583,12,1915 (b) Civil action. 1. The department or an employee whose rights are interfered
16with, restrained, or denied in violation of sub. (4) (a) or who is discharged or
17discriminated against in violation of sub. (4) (b) may bring an action in circuit court
18against an employer on the basis of the violation without regard to exhaustion of any
19administrative remedy.
AB583,12,2220 2. In an action under subd. 1., if the circuit court finds that a violation of sub.
21(4) (a) or (b) has occurred with respect to an employee, the circuit court shall order
22the defendant to pay to the employee all of the following:
AB583,12,2423 a. Compensatory damages in an amount that the circuit court or jury finds
24appropriate.
AB583,13,5
1b. Unless the employer proves that the employer acted in good faith and had
2a reasonable basis for believing that the act or omission that constituted the violation
3was not a violation of this section, an additional amount as liquidated damages equal
4to 100 percent of the amount of compensatory damages determined under subd. 2.
5a.
AB583,13,76 c. Notwithstanding s. 814.04 (1), reasonable attorney fees and costs incurred
7in the action.
AB583,13,98 3. Damages awarded under subd. 2. are in addition to any back pay or other
9amounts awarded under s. 111.39 or 111.395.
AB583,13,12 10(6) Penalties. In addition to any damages imposed under sub. (5), an employer
11that willfully violates this section may be required to forfeit not more than $1,000 for
12each violation. Each day of continued violation constitutes a separate offense.
AB583,13,16 13(7) Notice posted. An employer shall post, in one or more conspicuous places
14where notices to employees are customarily posted, a notice in a form approved by
15the department setting forth employees' rights under this section. An employer that
16violates this subsection shall forfeit not more than $100 for each violation.
AB583,2 17Section 2. 111.322 (2m) (a) of the statutes is amended to read:
AB583,13,2118 111.322 (2m) (a) The individual files a complaint or attempts to enforce any
19right under s. 103.02, 103.035, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34,
20103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599
21or 103.64 to 103.82.
AB583,3 22Section 3. 111.322 (2m) (b) of the statutes is amended to read:
AB583,14,223 111.322 (2m) (b) The individual testifies or assists in any action or proceeding
24held under or to enforce any right under s. 103.02, 103.035, 103.10, 103.11, 103.13,

1103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55,
2or ss. 101.58 to 101.599 or 103.64 to 103.82.
AB583,4 3Section 4. Nonstatutory provisions.
AB583,14,124 (1) Predictable work schedules for retail, food service, and cleaning
5employees; transitional provisions.
No later than the effective date of this
6subsection, an employer, as defined in s. 103.035 (1) (e), shall provide each service
7employee, as defined in s. 103.035 (1) (L), with a written copy of the service
8employee's work schedule, as defined in s. 103.035 (1) (o). That work schedule is
9considered a work schedule provided to a service employee under s. 103.035 (3) (a)
102. for all purposes under s. 103.035, including that the employer shall post a copy of
11the work schedule as provided in s. 103.035 (3) (a) 3., and, if the employer changes
12that work schedule, s. 103.035 (3) (a) 2. applies to that change.
AB583,5 13Section 5. Initial applicability.
AB583,14,1714 (1) This act first applies to an employee who is covered by a collective
15bargaining agreement that contains provisions inconsistent with s. 103.035 on the
16day on which the collective bargaining agreement expires or is extended, modified,
17or renewed, whichever occurs first.
AB583,6 18Section 6. Effective date.
AB583,14,2019 (1) This act takes effect on the first day of the 6th month beginning after
20publication.
AB583,14,2121 (End)
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