ASSEMBLY AMENDMENT 10,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1999 ASSEMBLY BILL 133
June 29, 1999 - Offered by Representative Turner.
AB133-ASA1-AA10,1,64
49.141
(1) (g) "Minimum wage" means the state minimum hourly wage under
5ch. 104 s. 104.035 (2) or the federal minimum hourly wage under
29 USC 206 (a) (1),
6whichever is applicable.".
AB133-ASA1-AA10,1,10
9104.01 Definitions. (intro.)
The following terms as used in ss. 104.01 to
10104.12 shall be construed as follows In this chapter:
AB133-ASA1-AA10,2,4
1104.01
(5) The term "living-wage" shall mean "Living wage" means 2compensation for labor paid, whether by time, piecework or otherwise, sufficient to
3enable the employe receiving it to maintain himself or herself under conditions
4consistent with his or her welfare.
AB133-ASA1-AA10,2,86
104.01
(5m) "Opportunity employe" means a person under 20 years of age who
7has been employed for a cumulative total of 30 calendar days or less within the
8preceding 3-year period.
AB133-ASA1-AA10,2,1210
104.01
(5p) "Poverty line" means the poverty guidelines for the continental
11United States, as revised annually by the federal department of health and human
12services under
42 USC 9902 (2).
AB133-ASA1-AA10,2,1614
104.01
(7m) "Tipped employe" means an employe who in the course of
15employment customarily and regularly receives money or other gratuities from
16persons other than the employe's employer.
AB133-ASA1-AA10,2,1918
104.01
(8) The term "wage" and the term "wages" shall each mean "Wage"
19means any compensation for labor measured by time, piece or otherwise.
AB133-ASA1-AA10,2,23
21104.02 Living-wage prescribed
Living wage required. Every wage paid
22or agreed to be paid by any employer to any employe, except as otherwise provided
23in s. 104.07, shall be not less than a
living-wage
living wage.
AB133-ASA1-AA10,3,3
1104.03 Unlawful wages. Any employer paying, offering to pay
, or agreeing
2to pay any employe a wage lower or less in value than a
living-wage living wage is
3guilty of a violation of
ss. 104.01 to 104.12 this chapter.
AB133-ASA1-AA10,3,18
5104.035 Minimum wage. (1) Department to promulgate rules. The
6department shall promulgate rules providing minimum hourly wages for the
7employes specified in subs. (2) to (5). The department shall calculate those minimum
8hourly wages according to the methods specified in subs. (2) to (5). Annually, within
930 days after the federal department of health and human services publishes its
10annual revision of the poverty line, the department, using the procedure under s.
11227.24 and the methods specified in subs. (2) to (5), shall promulgate rules revising
12the minimum hourly wages provided under subs. (2) to (5). Notwithstanding s.
13227.24 (1) (a) and (2) (b), the department is not required to provide evidence of the
14necessity of preserving the public peace, health, safety or welfare in promulgating
15rules revising the minimum wages provided under subs. (2) to (5). A revised
16minimum wage provided under subs. (2) to (5) shall first apply to wages earned
17beginning on the first day of the first month beginning after the date on which that
18minimum wage is revised.
AB133-ASA1-AA10,3,22
19(2) Employes generally. Subject to the minimum wages provided under subs.
20(3) to (6), the department shall calculate the minimum hourly wage for employes
21generally by dividing the poverty line for a family of 3 persons by 2,080 and rounding
22the quotient to the nearest multiple of 5 cents.
AB133-ASA1-AA10,4,2
23(3) Opportunity employes. Notwithstanding the minimum wage provided
24under sub. (2), but subject to the minimum wages provided under subs. (4) to (7), the
25department shall calculate the minimum wage for opportunity employes by
1multiplying the result obtained under sub. (2) by 92.9% and rounding the product to
2the nearest multiple of 5 cents.
AB133-ASA1-AA10,4,5
3(4) Tipped employes. (a) Notwithstanding the minimum wages provided under
4subs. (2) and (3), but subject to the minimum wages provided under subs. (5) to (7),
5the department shall calculate the minimum wage for tipped employes as follows:
AB133-ASA1-AA10,4,86
1. For persons who are not opportunity employes, by multiplying the result
7obtained under sub. (2) by 54.8% and rounding the product to the nearest multiple
8of 5 cents.
AB133-ASA1-AA10,4,119
2. For persons who are opportunity employes, by multiplying the result
10obtained under sub. (2) by 51.7% and rounding the product to the nearest multiple
11of 5 cents.
AB133-ASA1-AA10,4,1612
(b) An employer may pay the minimum wages specified in par. (a) only if the
13employer establishes by the employer's payroll records that, when adding the tips
14received by an employe to the wages under par. (a) paid to that employe, the employe
15receives not less than the minimum wage specified in sub. (2) or (3), whichever is
16applicable.
AB133-ASA1-AA10,4,24
17(5) Agricultural employes. Notwithstanding the minimum wages provided
18under subs. (2) to (4), but subject to the minimum wages provided under subs. (6) and
19(7), the department shall calculate the minimum wage for persons 18 years of age or
20over who are agricultural employes by multiplying the result obtained under sub. (2)
21by 95.3% and rounding the product to the nearest multiple of 5 cents and shall
22calculate the minimum wage for persons under 18 years of age who are agricultural
23employes by multiplying the result obtained under sub. (2) by 87.0% and rounding
24the product to the nearest multiple of 5 cents.
AB133-ASA1-AA10,5,2
1(6) Minimum wage established by department. The department shall
2promulgate rules providing the minimum wage for all of the following:
AB133-ASA1-AA10,5,43
(a) A counselor employed at a seasonal recreational or educational camp,
4including a day camp, for campers under 18 years of age.
AB133-ASA1-AA10,5,65
(b) A person engaged in casual employment in and around an employer's home
6on an irregular or intermittent basis for not more than 15 hours per week.
AB133-ASA1-AA10,5,107
(c) A person who resides with and who provides companionship, care, not
8including practical or professional nursing, as defined in s. 441.11 (3) and (4), and not
9more than 15 hours per week of general household work for an employer who, due
10to advanced age or physical or mental disability, cannot care for his or her own needs.
AB133-ASA1-AA10,5,1111
(d) A caddy on a golf course.
AB133-ASA1-AA10,5,1312
(e) An employe or worker with a disability covered under a license under s.
13104.07.
AB133-ASA1-AA10,5,1414
(f) A student learner.
AB133-ASA1-AA10,5,1515
(g) A student employed by an independent college or university.
AB133-ASA1-AA10,5,17
16(7) Department may revise. The department may promulgate rules to increase
17a minimum wage provided under subs. (2) to (5).
AB133-ASA1-AA10,6,6
19104.04 Classifications; department's authority. The department shall
20investigate, ascertain, determine and fix such reasonable classifications, and shall
21impose general or special orders, determining the
living-wage living wage, and shall
22carry out the purposes of
ss. 104.01 to 104.12 this chapter. Such investigations,
23classifications and orders shall be made as provided under s. 103.005, and the
24penalties specified in s. 103.005 (12) shall apply to and be imposed for any violation
25of
ss. 104.01 to 104.12. In determining the living-wage, the department may
1consider the effect that an increase in the living-wage might have on the economy
2of the state, including the effect of a living-wage increase on job creation, retention
3and expansion, on the availability of entry-level jobs and on regional economic
4conditions within the state this chapter. The department may not establish a
5different minimum wage for men and women. Said orders shall be subject to review
6in the manner provided in ch. 227.
AB133-ASA1-AA10,6,11
9104.045 Tipped employes Tips, meals and lodging, and hours worked. 10(intro.) The department shall
by rule determine what amount of promulgate rules
11governing all of the following:
AB133-ASA1-AA10,6,13
12(1) The counting of tips or similar gratuities
may be counted toward fulfillment
13of the employer's obligation under this chapter.
AB133-ASA1-AA10,6,1615
104.045
(2) The deduction of meals or lodging provided by an employer to an
16employe from the employer's obligations under this chapter.
AB133-ASA1-AA10,6,18
17(3) The determination of hours worked by an employe during which the
18employe is entitled to a living wage under this chapter.
AB133-ASA1-AA10,6,25
20104.05 Complaints; investigation. The department shall, within 20 days
21after the filing of a verified complaint of any person
setting forth alleging that the
22wages paid to any employe
in any occupation are not sufficient to enable the employe
23to maintain himself or herself under conditions consistent with his or her welfare,
24investigate and determine whether there is reasonable cause to believe that the wage
25paid to
any the employe is not a
living-wage living wage.
AB133-ASA1-AA10,7,10
2104.06 Wage council; determination. If, upon investigation, the
3department finds that there is reasonable cause to believe that the wages paid to any
4employe are not a
living-wage, it living wage, the department shall appoint a wage
5council, selected so as fairly to represent employers, employes and the public, to
6assist in its investigations and determinations. The
living-wage department may
7use the results of an investigation under this section to establish a living wage. A
8living wage so determined
upon shall be the
living-wage living wage for all employes
9within the same class as established by the
classification of the department
under
10s. 104.04.
AB133-ASA1-AA10,7,1812
104.07
(1) The department shall
make
promulgate rules and, except as
13provided under subs. (5) and (6), grant licenses, to any employer who employs any
14employe
who is unable to earn
the living-wage theretofore determined upon,
15permitting such person to a living wage so that the employe may work for a wage
16which shall be that is commensurate with
the employe's ability
and each. Each 17license so granted shall establish a wage for the
licensee employes of the licensee who
18are unable to earn a living wage.
AB133-ASA1-AA10,7,2520
104.07
(2) The department shall
make
promulgate rules and, except as
21provided under subs. (5) and (6), grant licenses to sheltered workshops to permit the
22employment of workers with disabilities who are unable to earn
the living-wage at 23a living wage so that those workers may work for a wage that is commensurate with
24their ability and productivity. A license granted to a sheltered workshop under this
25section may be issued for the entire workshop or a department of the workshop.
AB133-ASA1-AA10,8,63
104.08
(2) All persons Any person working in
an occupation a trade industry 4for which a
living-wage living wage has been established for minors, and who
shall
5have has no trade, shall
, if employed in an occupation which is a trade industry, be
6indentured under
the provisions of s. 106.01.
AB133-ASA1-AA10,8,108
104.08
(1) (b) "Trade industry" means an industry involving physical labor and
9characterized by mechanical skill and training such as render a period of instruction
10reasonably necessary.
AB133-ASA1-AA10,8,1413
104.08
(1) (intro.)
A "trade" or a "trade industry" within the meaning of ss.
14104.01 to 104.12 shall be a trade or In this section:
AB133-ASA1-AA10,8,17
15(a) "Trade" means an
industry
occupation involving physical labor and
16characterized by mechanical skill and training such as render a period of instruction
17reasonably necessary.
AB133-ASA1-AA10,8,20
18(3) (a) The department shall investigate, determine and declare what
19occupations and industries are included within
the phrase a "trade" or a "trade
20industry".
AB133-ASA1-AA10,9,4
23104.10 Penalty for intimidating witness. Any employer who discharges or
24threatens to discharge, or
who in any way discriminates
, or threatens to
25discriminate
, against any employe because the employe has testified or is about to
1testify, or because the employer believes that the employe may testify, in any
2investigation or proceeding relative to the enforcement of
ss. 104.01 to 104.12, is
3guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of
4$25 this chapter may be fined $500 for each offense.
AB133-ASA1-AA10,9,9
6104.11 Definition of violation. Each day during which
any an employer
7shall employ employs a person for whom a
living-wage living wage has been
fixed 8established at a wage less than the
living-wage fixed established living wage shall
9constitute a separate and distinct violation of
ss. 104.01 to 104.12 this chapter.
AB133-ASA1-AA10,9,17
11104.12 Complaints. Any person may register with the department a
12complaint that the wages paid to employes for whom a
living-wage living wage has
13been established are less than that rate, and the department shall investigate the
14matter and take all proceedings necessary to enforce the payment of a wage not less
15than
the living-wage a living wage. Section 111.322 (2m) applies to discharge and
16other discriminatory acts arising in connection with any proceeding under this
17section.".
AB133-ASA1-AA10,9,2320
234.94
(5) "Primary employment" means work which pays at least the
21minimum wage as established under
ch. 104 s. 104.035 (2) or under federal law,
22whichever is greater, offers adequate fringe benefits, including health insurance,
23and is not seasonal or part time.
AB133-ASA1-AA10,10,6
1234.94
(8) "Target group" means a population group for which the
2unemployment level is at least 25% higher than the statewide unemployment level,
3or a population group for which the average wage received is less than 1.2 times the
4minimum wage as established under
ch. 104 s. 104.035 (2) or under federal law,
5whichever is greater. No population group is required to be located within a
6contiguous geographic area to be considered a target group.".
AB133-ASA1-AA10,10,229
800.09
(1) (b) If the defendant agrees to perform community service work in
10lieu of making restitution or paying the forfeiture, assessments and costs, or both,
11the court may order that the defendant perform community service work for a public
12agency or a nonprofit charitable organization that is designated by the court.
13Community service work may be in lieu of restitution only if also agreed to by the
14public agency or nonprofit charitable organization and by the person to whom
15restitution is owed. The court may utilize any available resources, including any
16community service work program, in ordering the defendant to perform community
17service work. The number of hours of community service work required may not
18exceed the number determined by dividing the amount owed on the forfeiture by the
19minimum wage established under
ch. 104 for adults in nonagriculture, nontipped
20employment s. 104.035 (2). The court shall ensure that the defendant is provided a
21written statement of the terms of the community service order and that the
22community service order is monitored.".
AB133-ASA1-AA10,11,13
1800.095
(4) (b) 3. That the defendant perform community service work for a
2public agency or a nonprofit charitable organization designated by the court, except
3that the court may not order the defendant to perform community service work
4unless the defendant agrees to perform community service work and, if the
5community service work is in lieu of restitution, unless the person to whom the
6restitution is owed agrees. The court may utilize any available resources, including
7any community service work program, in ordering the defendant to perform
8community service work. The number of hours of community service work required
9may not exceed the number determined by dividing the amount owed on the
10forfeiture or restitution, or both, by the minimum wage established under
ch. 104 for
11adults in nonagriculture, nontipped employment s. 104.035 (2). The court shall
12ensure that the defendant is provided a written statement of the terms of the
13community service order and that the community service order is monitored.".
