Amendment AA74-ASA1-SB55

LRBb1534/1

GMM:wlj:jf

2001 - 2002 LEGISLATURE

ASSEMBLY AMENDMENT 74, TO ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2001 SENATE BILL 55

June 29, 2001 - Offered by Representatives Pocan, Miller, Turner and Berceau.

SB55-ASA1-AA74,1,1 At the locations indicated, amend the substitute amendment as follows:

SB55-ASA1-AA74,1,2 1. Page 593, line 19: after that line insert:

SB55-ASA1-AA74,1,3 " Section 1657d. 49.141 (1) (g) of the statutes is amended to read:

SB55-ASA1-AA74,1,6 49.141 (1) (g) "Minimum wage" means the state minimum hourly wage under ch. 104 s. 104.035 (2) or the federal minimum hourly wage under 29 USC 206 (a) (1), whichever is applicable.".

SB55-ASA1-AA74,1,7 2. Page 908, line 15: after that line insert:

SB55-ASA1-AA74,1,8 " Section 2560mb. 104.01 (intro.) of the statutes is amended to read:

SB55-ASA1-AA74,1,10 104.01 Definitions. (intro.) The following terms as used in ss. 104.01 to 104.12 shall be construed as follows In this chapter:

SB55-ASA1-AA74, s. 2560mc Section 2560mc. 104.01 (5) of the statutes is amended to read:

SB55-ASA1-AA74,2,4 104.01 (5) The term "living-wage" shall mean "Living wage" means compensation for labor paid, whether by time, piecework, or otherwise, sufficient to enable the employee receiving it to maintain himself or herself under conditions consistent with his or her welfare.

SB55-ASA1-AA74, s. 2560md Section 2560md. 104.01 (5m) of the statutes is created to read:

SB55-ASA1-AA74,2,8 104.01 (5m) "Opportunity employee" means a person under 20 years of age who has been employed for a cumulative total of 30 calendar days or less within the preceding 3-year period.

SB55-ASA1-AA74, s. 2560me Section 2560me. 104.01 (5p) of the statutes is created to read:

SB55-ASA1-AA74,2,12 104.01 (5p) "Poverty line" means the poverty guidelines for the continental United States, as revised annually by the federal department of health and human services under 42 USC 9902 (2).

SB55-ASA1-AA74, s. 2560mf Section 2560mf. 104.01 (7m) of the statutes is created to read:

SB55-ASA1-AA74,2,16 104.01 (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.

SB55-ASA1-AA74, s. 2560mg Section 2560mg. 104.01 (8) of the statutes is amended to read:

SB55-ASA1-AA74,2,19 104.01 (8) The term "wage" and the term "wages" shall each mean "Wage" means any compensation for labor measured by time, piece, or otherwise.

SB55-ASA1-AA74, s. 2560mh Section 2560mh. 104.02 of the statutes is amended to read:

SB55-ASA1-AA74,2,23 104.02 Living-wage prescribed Living wage required. 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-wage living wage.

SB55-ASA1-AA74, s. 2560mi Section 2560mi. 104.03 of the statutes is amended to read:

SB55-ASA1-AA74,3,3 104.03 Unlawful wages. Any employer paying, offering to pay, or agreeing to pay any employee a wage lower or less in value than a living-wage living wage is guilty of a violation of ss. 104.01 to 104.12 this chapter.

SB55-ASA1-AA74, s. 2560mj Section 2560mj. 104.035 of the statutes is created to read:

SB55-ASA1-AA74,3,18 104.035 Minimum wage. (1) Department to promulgate rules. The department shall promulgate rules providing minimum hourly wages for the employees specified in subs. (2) to (5). The department shall calculate those minimum hourly wages according to the methods specified in subs. (2) to (5). Annually, within 30 days after the federal department of health and human services publishes its annual revision of the poverty line, the department, using the procedure under s. 227.24 and the methods specified in subs. (2) to (5), shall promulgate rules revising the minimum hourly wages provided under subs. (2) to (5). Notwithstanding s. 227.24 (1) (a) and (2) (b), the department is not required to provide evidence of the necessity of preserving the public peace, health, safety, or welfare in promulgating rules revising the minimum wages provided under subs. (2) to (5). A revised minimum wage provided under subs. (2) to (5) shall first apply to wages earned beginning on the first day of the first month beginning after the date on which that minimum wage is revised.

SB55-ASA1-AA74,3,22 (2) Employees generally. Subject to the minimum wages provided under subs. (3) to (6) and (8), the department shall calculate the minimum hourly wage for employees generally by dividing the poverty line for a family of 3 persons by 2,080 and rounding the quotient to the nearest multiple of 5 cents.

SB55-ASA1-AA74,4,2 (3) Opportunity employees. Notwithstanding the minimum wage provided under sub. (2), but subject to the minimum wages provided under subs. (4) to (6) and (8), the department shall calculate the minimum wage for opportunity employees by multiplying the result obtained under sub. (2) by 92.9% and rounding the product to the nearest multiple of 5 cents.

SB55-ASA1-AA74,4,6 (4) Tipped employees. (a) Notwithstanding the minimum wages provided under subs. (2) and (3), but subject to the minimum wages provided under subs. (5), (6), and (8), the department shall calculate the minimum wage for tipped employees as follows:

SB55-ASA1-AA74,4,9 1. For persons who are not opportunity employees, by multiplying the result obtained under sub. (2) by 54.8% and rounding the product to the nearest multiple of 5 cents.

SB55-ASA1-AA74,4,12 2. For persons who are opportunity employees, by multiplying the result obtained under sub. (2) by 51.7% and rounding the product to the nearest multiple of 5 cents.

SB55-ASA1-AA74,4,17 (b) An employer may pay the minimum wages specified in par. (a) only if the employer establishes by the employer's payroll records that, when adding the tips received by an employee to the wages under par. (a) paid to that employee, the employee receives not less than the minimum wage specified in sub. (2) or (3), whichever is applicable.

SB55-ASA1-AA74,4,25 (5) Agricultural employees. Notwithstanding the minimum wages provided under subs. (2) to (4), but subject to the minimum wages provided under subs. (6) and (8), the department shall calculate the minimum wage for persons 18 years of age or over who are agricultural employees by multiplying the result obtained under sub. (2) by 95.3% and rounding the product to the nearest multiple of 5 cents and shall calculate the minimum wage for persons under 18 years of age who are agricultural employees by multiplying the result obtained under sub. (2) by 87.0% and rounding the product to the nearest multiple of 5 cents.

SB55-ASA1-AA74,5,2 (6) Minimum wage established by department. The department shall promulgate rules providing the minimum wage for all of the following:

SB55-ASA1-AA74,5,4 (a) A counselor employed at a seasonal recreational or educational camp, including a day camp, for campers under 18 years of age.

SB55-ASA1-AA74,5,5 (b) A caddy on a golf course.

SB55-ASA1-AA74,5,7 (c) An employee or worker with a disability covered under a license under s. 104.07.

SB55-ASA1-AA74,5,8 (d) A student learner.

SB55-ASA1-AA74,5,10 (e) A student employed by an independent college or university for less than 20 hours per week.

SB55-ASA1-AA74,5,13 (7) Employment exempted by department. The department shall promulgate rules exempting from the minimum wage requirements under subs. (2) to (5) all of the following:

SB55-ASA1-AA74,5,15 (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.

SB55-ASA1-AA74,5,19 (b) A person who resides with and who provides companionship and care, not including practical or professional nursing, as defined in s. 441.11 (3) and (4), and not more than 15 hours per week of general household work for an employer who, due to advanced age or physical or mental disability, cannot care for his or her own needs.

SB55-ASA1-AA74,5,21 (c) An elementary or secondary school student performing student work-like activities in the student's school.

SB55-ASA1-AA74,5,23 (8) Department may revise. The department may promulgate rules to increase a minimum wage provided under subs. (2) to (5).

SB55-ASA1-AA74, s. 2560mk Section 2560mk. 104.04 of the statutes is amended to read:

SB55-ASA1-AA74,6,13 104.04 Classifications; department's authority. The department shall investigate, ascertain, determine, and fix such reasonable classifications, and shall impose general or special orders, determining the living-wage living wage, and shall carry out the purposes of ss. 104.01 to 104.12 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 ss. 104.01 to 104.12 this chapter. In determining the living-wage living wage, the department may consider the effect that an increase in the living-wage living wage might have on the economy of the state, including the effect of a living-wage 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.

SB55-ASA1-AA74, s. 2560mL Section 2560mL. 104.045 of the statutes is renumbered 104.045 (intro.) and amended to read:

SB55-ASA1-AA74,6,18 104.045 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:

SB55-ASA1-AA74,6,20 (1) The counting of tips or similar gratuities may be counted toward fulfillment of the employer's obligation under this chapter.