2015 Wisconsin Act 55

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.

55,3078jm Section 3078jm. 104.05 of the statutes is repealed.

55,3078ke Section 3078ke. 104.06 of the statutes is repealed.

55,3078km Section 3078km. 104.07 (1) and (2) of the statutes are amended to read:

104.07 (1) The department shall make promulgate rules, and, except as provided under subs. (5), (6), and (7), grant licenses a license to any employer who employs any employee who is unable to earn the living wage determined by the department, permitting the employee to work for a wage that for whom the minimum wage established under s. 104.035 is not commensurate with the employee's ability. Each license so granted shall establish a wage for the licensee any such employees of the licensee.

(2) The department shall make promulgate rules, and, except as provided under subs. (5), (6), and (7), grant licenses a license to a sheltered workshops workshop, to permit the employment of workers with disabilities who are unable to earn the living wage at a wage that is commensurate with their ability and productivity. A license granted to a sheltered workshop under this subsection may be issued for the entire workshop or a department of the workshop.

55,3078ks Section 3078ks. 104.08 (2m) of the statutes is amended to read:

104.08 (2m) Any person working in a trade industry for which a living minimum wage has been established for minors, and who has no trade, shall be employed under an apprentice contract under s. 106.01.

55,3078L Section 3078L. 104.10 of the statutes is amended to read:

104.10 Penalty for intimidating witness. Any employer who discharges or threatens to discharge, or who in any way discriminates, or threatens to discriminate against, any employee because the employee has testified or is about to testify, or because the employer believes that the employee may testify, in any investigation or proceeding relative to the enforcement of this chapter, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of may be fined $25 for each offense.

55,3078Lm Section 3078Lm. 104.11 of the statutes is repealed.

55,3078m Section 3078m. 104.12 of the statutes is amended to read:

104.12 Complaints. Any person may register with the department a complaint that the wages paid to an employee for whom a living minimum wage has been established under s. 104.035 are less than that living minimum wage, and the department shall investigate the matter and take all proceedings necessary to enforce the payment of a that minimum wage that is not less than the living wage. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.

55,3080p Section 3080p. 106.04 (1) (d) of the statutes is amended to read:

106.04 (1) (d) "Project" means a project of public works that is subject to s. 103.49 or 103.50 16.856 or 84.062 in which work is performed by employees employed in trades that are apprenticeable under this subchapter.

55,3081d Section 3081d. 106.13 (1) of the statutes is amended to read: