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.

SB55-ASA1-AA74, s. 2560mm Section 2560mm. 104.045 (2) and (3) of the statutes are created to read:

SB55-ASA1-AA74,6,23 104.045 (2) The deduction of meals or lodging provided by an employer to an employee from the employer's obligations under this chapter.

SB55-ASA1-AA74,6,25 (3) The determination of hours worked by an employee during which the employee is entitled to a living wage under this chapter.

SB55-ASA1-AA74, s. 2560mn Section 2560mn. 104.05 of the statutes is amended to read:

SB55-ASA1-AA74,7,7 104.05 Complaints; investigation. The department shall, within 20 days after the filing of a verified complaint of any person setting forth alleging that the wages paid to any employee in any occupation are not sufficient to enable the employee to maintain himself or herself under conditions consistent with his or her welfare, investigate and determine whether there is reasonable cause to believe that the wage paid to any the employee is not a living-wage living wage.

SB55-ASA1-AA74, s. 2560mp Section 2560mp. 104.06 of the statutes is amended to read:

SB55-ASA1-AA74,7,17 104.06 Wage council; determination. If, upon investigation, the department finds that there is reasonable cause to believe that the wages paid to any employee are not a living-wage, it living wage, the department shall appoint a wage council, selected so as fairly to represent employers, employees, and the public, to assist in its investigations and determinations. The living-wage department may use the results of an investigation under this section to establish a living wage. A living wage so determined upon shall be the living-wage living wage for all employees within the same class as established by the classification of the department under s. 104.04.

SB55-ASA1-AA74, s. 2560mq Section 2560mq. 104.07 (1) of the statutes is amended to read:

SB55-ASA1-AA74,7,25 104.07 (1) The department shall make promulgate rules and, except as provided under subs. (5) and (6), grant licenses, to any employer who employs any employee who is unable to earn the living-wage theretofore determined upon, permitting such person to a living wage so that the employee may work for a wage which shall be that is commensurate with the employee's ability and each . Each license so granted shall establish a wage for the licensee employees of the licensee who are unable to earn a living wage.

SB55-ASA1-AA74, s. 2560mr Section 2560mr. 104.07 (2) of the statutes is amended to read:

SB55-ASA1-AA74,8,7 104.07 (2) The department shall make promulgate rules and, except as provided under subs. (5) and (6), grant licenses to sheltered workshops to permit the employment of workers with disabilities who are unable to earn the living-wage at a living wage so that those workers may work for a wage that is commensurate with their ability and productivity. A license granted to a sheltered workshop under this section may be issued for the entire workshop or a department of the workshop.

SB55-ASA1-AA74, s. 2560ms Section 2560ms. 104.08 (1) of the statutes is renumbered 104.08 (2m) and amended to read:

SB55-ASA1-AA74,8,13 104.08 (2m) All persons Any person working in an occupation a trade industry for which a living-wage living wage has been established for minors, and who shall have has no trade, shall, if employed in an occupation which is a trade industry, be indentured under the provisions of s. 106.01.

SB55-ASA1-AA74, s. 2560mt Section 2560mt. 104.08 (1m) (b) of the statutes is created to read:

SB55-ASA1-AA74,8,17 104.08 (1m) (b) "Trade industry" means an industry involving physical labor and characterized by mechanical skill and training such as render a period of instruction reasonably necessary.

SB55-ASA1-AA74, s. 2560mu Section 2560mu. 104.08 (2) of the statutes is renumbered 104.08 (1m) (intro.) and amended to read:

SB55-ASA1-AA74,8,21 104.08 (1m) (intro.) A "trade" or a "trade industry" within the meaning of ss. 104.01 to 104.12 shall be a trade or In this section:

SB55-ASA1-AA74,9,2 (a) "Trade" means an industry occupation involving physical labor and characterized by mechanical skill and training such as render a period of instruction reasonably necessary. The department shall investigate, determine and declare what occupations and industries are included within the phrase a "trade" or a "trade industry".

SB55-ASA1-AA74, s. 2560mv Section 2560mv. 104.08 (3) of the statutes is renumbered 104.08 (3) (b) and amended to read:

SB55-ASA1-AA74,9,6 104.08 (3) (b) The department may make exceptions to the operation of subs. (1) and (2) (1m) and (2m) where conditions make their application unreasonable.

SB55-ASA1-AA74, s. 2560mw Section 2560mw. 104.08 (3) (a) of the statutes is created to read:

SB55-ASA1-AA74,9,9 104.08 (3) (a) The department shall investigate, determine, and declare what occupations and industries are included within a trade or a trade industry.

SB55-ASA1-AA74, s. 2560mx Section 2560mx. 104.10 of the statutes is amended to read:

SB55-ASA1-AA74,9,17 104.10 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 ss. 104.01 to 104.12, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of $25 this chapter may be fined $500 for each offense.

SB55-ASA1-AA74, s. 2560my Section 2560my. 104.11 of the statutes is amended to read:

SB55-ASA1-AA74,9,22 104.11 Definition of violation. Each day during which any an employer shall employ employs a person for whom a living-wage living wage has been fixed established at a wage less than the living-wage fixed established living wage shall constitute a separate and distinct violation of ss. 104.01 to 104.12 this chapter.

SB55-ASA1-AA74, s. 2560mz Section 2560mz. 104.12 of the statutes is amended to read: