2015 Wisconsin Act 55

55,3077j Section 3077j. 103.50 (6) of the statutes is renumbered 84.062 (6) and amended to read:

84.062 (6) Contents of contracts ; notification. A reference to the prevailing wage rates determined under sub. (3) and the prevailing hours of labor shall be published in the notice issued for the purpose of securing bids for a project. If any contract or subcontract for a project that is subject to this section is entered into, the prevailing wage rates determined under sub. (3) and the prevailing hours of labor shall be physically incorporated into and made a part of the contract or subcontract, except that for a minor subcontract, as determined by the department of workforce development, that department the department of administration shall prescribe by rule under s. 16.856 (2) the method of notifying the minor subcontractor of the prevailing wage rates and prevailing hours of labor applicable to the minor subcontract. The prevailing wage rates and prevailing hours of labor applicable to a contract or subcontract may not be changed during the time that the contract or subcontract is in force. For the information of the employees working on the project, the prevailing wage rates determined by the department, the prevailing hours of labor, and the provisions of subs. (2) and (7) shall be kept posted by the department of transportation in at least one conspicuous and easily accessible place on the site of the project.

55,3077jp Section 3077jp. 103.50 (7) (title) and (a) to (e) of the statutes are renumbered 84.062 (7) (title) and (a) to (e), and 84.062 (7) (a), as renumbered, is amended to read:

84.062 (7) (a) Except as provided in pars. (b) , and (d) and (f), any contractor, subcontractor, or contractor's or subcontractor's agent who violates this section may be fined not more than $200 or imprisoned for not more than 6 months or both. Each day that a violation continues is a separate offense.

55,3077k Section 3077k. 103.50 (7) (f) of the statutes is repealed.

55,3077kp Section 3077kp. 103.50 (8) of the statutes is renumbered 84.062 (8) and amended to read:

84.062 (8) Enforcement and prosecution. The department of transportation shall require adherence to subs. (2), (2m), and (6). The department of transportation may demand and examine, and every contractor, subcontractor, and contractor's or subcontractor's agent shall keep and furnish upon request by the department of transportation, copies of payrolls and other records and information relating to compliance with this section. If requested by any person performing the work described in sub. (2m), the department shall conduct an investigation to ensure compliance with this section. Upon request of the department of transportation or upon complaint of alleged violation, the district attorney of the county in which the work is located shall investigate as necessary and prosecute violations in a court of competent jurisdiction. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.

55,3077L Section 3077L. 103.503 (1) (a) of the statutes is amended to read:

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 103.49 s. 16.856 (2m) on a project of public works or while the employee was performing work on a public utility project.

55,3077Lp Section 3077Lp. 103.503 (1) (c) of the statutes is amended to read:

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. 103.49 16.856 (1) (f) (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.

55,3077m Section 3077m. 103.503 (1) (e) of the statutes is amended to read:

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 103.49 s. 16.856 (2m) on a project of public works or on a public utility project.

55,3077mp Section 3077mp. 103.503 (1) (g) of the statutes is amended to read:

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 or 103.49, 2013 stats., if the project were erected, constructed, repaired, remodeled, or demolished prior to the effective date of this paragraph .... [LRB inserts date].

55,3077n Section 3077n. 103.503 (2) of the statutes is amended to read:

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 103.49 s. 16.856 (2m) 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).

55,3077np Section 3077np. 103.503 (3) (a) 2. of the statutes is amended to read:

103.503 (3) (a) 2. A requirement that employees performing the work described in s. 66.0903 (4), 2013 stats., or 103.49 s. 16.856 (2m) 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.

55,3078am Section 3078am. 103.67 (2) (fm) 3. of the statutes is amended to read:

103.67 (2) (fm) 3. The minor is paid the applicable minimum wage under ch. 104 s. 104.035 or under federal law, whichever is greater, for the work.

55,3078b Section 3078b. 103.70 (2) (b) 3. of the statutes is amended to read:

103.70 (2) (b) 3. The minor is paid the applicable minimum wage under ch. 104 s. 104.035 or under federal law, whichever is greater, for the work.

55,3078bg Section 3078bg. 103.85 (2) (g) of the statutes is created to read:

103.85 (2) (g) An employee who states in writing that he or she voluntarily chooses to work without at least 24 consecutive hours of rest in 7 consecutive days.

55,3078bm Section 3078bm. 104.001 (1) of the statutes is amended to read:

104.001 (1) The legislature finds that the provision of a living minimum wage that is uniform throughout the state is a matter of statewide concern and that the enactment of a living minimum wage ordinance by a city, village, town, or county would be logically inconsistent with, would defeat the purpose of, and would go against the spirit of this chapter. Therefore, this chapter shall be construed as an enactment of statewide concern for the purpose of providing a living minimum wage that is uniform throughout the state.

55,3078c Section 3078c. 104.001 (2) of the statutes is amended to read:

104.001 (2) A city, village, town, or county may not enact and administer an ordinance establishing a living minimum wage. Any city, village, town, or county living minimum wage ordinance that is in effect on June 16, 2005, is void.

55,3078cd Section 3078cd. 104.001 (3) (intro.) and (b) of the statutes are consolidated, renumbered 104.001 (3) and amended to read:

104.001 (3) This section does not affect any of the following: (b) An an ordinance that, subject to s. 66.0903, requires an employee of a county, city, village, or town, an employee who performs work under a contract for the provision of services to a county, city, village, or town, or an employee who performs work that is funded by financial assistance from a county, city, village, or town, to be paid at a minimum wage rate specified in the ordinance.

55,3078ch Section 3078ch. 104.001 (3) (a) of the statutes is repealed.

55,3078cm Section 3078cm. 104.01 (intro.) of the statutes is amended to read:

104.01 Definitions. (intro.) The following terms as used in In this chapter shall be construed as follows:

55,3078d Section 3078d. 104.01 (1) of the statutes is renumbered 104.01 (1m).

55,3078dm Section 3078dm. 104.01 (1d) of the statutes is created to read:

104.01 (1d) "Agricultural employee" means an employee who is employed in the operation of farm premises, as described in s. 102.04 (3).

55,3078e Section 3078e. 104.01 (5) of the statutes is repealed.

55,3078em Section 3078em. 104.01 (5g) of the statutes is created to read:

104.01 (5g) "Minor employee" means an employee who is under 18 years of age.

55,3078f Section 3078f. 104.01 (5m) of the statutes is created to read:

104.01 (5m) "Opportunity employee" means a person under 20 years of age who is in the first 90 consecutive days of employment with his or her employer.

55,3078fm Section 3078fm. 104.01 (7m) of the statutes is created to read:

104.01 (7m) "Tipped employee" means an employee who in the course of employment customarily and regularly receives money or other gratuities from persons other than the employee's employer.

55,3078g Section 3078g. 104.01 (8) of the statutes is amended to read:

104.01 (8) The term "wage" and the term "wages" shall each mean "Wage" means any compensation for labor measured by time, piece, or otherwise.

55,3078gm Section 3078gm. 104.02 and 104.03 of the statutes are consolidated, renumbered 104.02 and amended to read:

104.02 Living Minimum wage prescribed: requirement to pay. Every wage paid or agreed to be paid by any employer to any employee, except as otherwise provided in s. 104.07, shall be not less than a living the applicable minimum wage established under s. 104.035. 104.03 Unlawful wages. Any employer paying, offering to pay, or agreeing to pay any employee a wage lower or less in value than a living the applicable minimum wage established under s. 104.035 is guilty of a violation of this chapter as provided in s. 103.005 (11) and is subject to the penalties provided in s. 103.005 (12).

55,3078h Section 3078h. 104.035 of the statutes is created to read:

104.035 Minimum wage. (1) Employees generally. (a) Minimum rates. Except as provided in subs. (2) to (8), the minimum wage is $7.25 per hour.

(b) Allowances for meals and lodging. Except as provided in subs. (2) (b), (2m) (b), and (4) (b) and subject to sub. (3) (b), if an employer furnishes an employee with meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the employer may deduct the following amounts from the wages of the employee:

1. For lodging, $58 per week or $8.30 per day.

2. For meals, $87 per week or $4.15 per meal.

(2) Minor employees. (a) Minimum rates. Except as provided in subs. (2m) to (8), the minimum wage for a minor employee is $7.25 per hour.

(b) Allowances for meals and lodging. Except as provided in subs. (2m) (b) and (4) (b) and subject to sub. (3) (b), if an employer furnishes a minor employee with meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the employer may deduct the following amounts from the wages of the employee:

1. For lodging, $58 per week or $8.30 per day.

2. For meals, $87 per week or $4.15 per meal.

(2m) Opportunity employees. (a) Minimum rates. Except as provided in subs. (3) to (8), the minimum wage for an opportunity employee is $5.90 per hour.

(b) Allowances for meals and lodging. Except as provided in sub. (4) (b) and subject to sub. (3) (b), if an employer furnishes an opportunity employee with meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the employer may deduct the following amounts from the wages of the employee:

1. For lodging, $47.20 per week or $6.75 per day.

2. For meals, $70.80 per week or $3.35 per meal.

(3) Tipped employees. (a) Minimum rates. Except as provided in subs. (4) to (8), if an employer of a tipped employee establishes by the employer's payroll records that, when adding the tips received by the tipped employee in a week to the wages paid to the tipped employee in that week, the tipped employee receives not less than the applicable minimum wage specified in sub. (1), (2), or (2m), the minimum wage for the tipped employee is as follows:

1. For wages earned by a tipped employee who is not an opportunity employee, $2.33 per hour.

2. For wages earned by a tipped employee who is an opportunity employee, $2.13 per hour.

(b) Allowances for meals and lodging. If an employer furnishes a tipped employee with meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the employer may deduct the applicable amounts specified in sub. (1) (b), (2) (b), or (2m) (b) from the wages of the tipped employee.

(4) Agricultural employees. (a) Minimum rates. Except as provided in subs. (7) and (8), the minimum wage for an agricultural employee is $7.25 per hour.

(b) Allowances for meals and lodging. If an employer furnishes an agricultural employee with meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the employer may deduct the following amounts from the wages of the employee:

1. For lodging, $58 per week or $8.30 per day.

2. For meals, $87 per week or $4.15 per meal.

(5) Camp counselors. The minimum wage for a counselor at a seasonal recreational or educational camp, including a day camp, is $350 per week if meals and lodging are not furnished, $265 per week if only meals are furnished, and $210 per week if both meals and lodging are furnished.

(6) Golf caddies. The minimum wage for a golf caddy is $10.50 for caddying 18 holes and $5.90 for caddying 9 holes.

(7) Minimum wage established by department. The department shall promulgate rules providing the minimum wage for all of the following:

(a) An employee or worker with a disability covered under a license under s. 104.07.

(b) A student learner.

(c) A student employed by an independent college or university for less than 20 hours per week.

(8) Employment exempted by department. The department shall promulgate rules exempting from the minimum wage requirements under subs. (1) to (7) all of the following:

(a) A person engaged in casual employment in and around an employer's home on an irregular or intermittent basis for not more than 15 hours per week.

(b) A person who resides in the home of an employer who, due to advanced age or physical or mental disability, cannot care for his or her own needs, for the purpose of companionship and who spends not more than 15 hours per week on general household work for the employer.

(c) An elementary or secondary school student performing student work-like activities in the student's school.

(9) Gender-specific minimum wage prohibited.

55,3078hm Section 3078hm. 104.04 (title) of the statutes is repealed.

55,3078i Section 3078i. 104.04 of the statutes is renumbered 104.035 (9) and amended to read:

104.035 (9) The department shall investigate, ascertain, determine, and fix such reasonable classifications, and shall impose general or special orders, determining the living wage, and shall carry out the purposes of this chapter. Such investigations, classifications, and orders shall be made as provided under s. 103.005, and the penalties specified in s. 103.005 (12) shall apply to and be imposed for any violation of this chapter. In determining the living wage, the department may consider the effect that an increase in the living wage might have on the economy of the state, including the effect of a living wage increase on job creation, retention, and expansion, on the availability of entry-level jobs, and on regional economic conditions within the state. The department may not establish a different minimum wage for men and women. Said orders shall be subject to review in the manner provided in ch. 227.

55,3078im Section 3078im. 104.045 of the statutes is renumbered 104.045 (intro.) and amended to read:

104.045 Tipped employees Tips, meals, lodging, and hours worked. (intro.) The department shall by rule determine what amount of promulgate rules governing all of the following:

(1) The counting of tips or similar gratuities may be counted toward fulfillment of the employer's obligation under this chapter.

55,3078j Section 3078j. 104.045 (2) and (3) of the statutes are created to read:

104.045 (2) The deduction of meals or lodging provided by an employer to an employee from the employer's obligation under this chapter.

(3) The determination of hours worked by an employee during which the employee is entitled to the minimum wage established under s. 104.035.