SB55-ASA1-AA74, s. 2560me 9Section 2560me. 104.01 (5p) of the statutes is created to read:
SB55-ASA1-AA74,2,1210 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).
SB55-ASA1-AA74, s. 2560mf 13Section 2560mf. 104.01 (7m) of the statutes is created to read:
SB55-ASA1-AA74,2,1614 104.01 (7m) "Tipped employee" means an employee who in the course of
15employment customarily and regularly receives money or other gratuities from
16persons other than the employee's employer.
SB55-ASA1-AA74, s. 2560mg 17Section 2560mg. 104.01 (8) of the statutes is amended to read:
SB55-ASA1-AA74,2,1918 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.
SB55-ASA1-AA74, s. 2560mh 20Section 2560mh. 104.02 of the statutes is amended to read:
SB55-ASA1-AA74,2,23 21104.02 Living-wage prescribed Living wage required. Every wage paid
22or agreed to be paid by any employer to any employee, except as otherwise provided
23in s. 104.07, shall be not less than a living-wage living wage.
SB55-ASA1-AA74, s. 2560mi 24Section 2560mi. 104.03 of the statutes is amended to read:
SB55-ASA1-AA74,3,3
1104.03 Unlawful wages. Any employer paying, offering to pay, or agreeing
2to pay any employee 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.
SB55-ASA1-AA74, s. 2560mj 4Section 2560mj. 104.035 of the statutes is created to read:
SB55-ASA1-AA74,3,18 5104.035 Minimum wage. (1) Department to promulgate rules. The
6department shall promulgate rules providing minimum hourly wages for the
7employees specified in subs. (2) to (5). The department shall calculate those
8minimum hourly wages according to the methods specified in subs. (2) to (5).
9Annually, within 30 days after the federal department of health and human services
10publishes its annual revision of the poverty line, the department, using the
11procedure under s. 227.24 and the methods specified in subs. (2) to (5), shall
12promulgate rules revising the minimum hourly wages provided under subs. (2) to (5).
13Notwithstanding s. 227.24 (1) (a) and (2) (b), the department is not required to
14provide evidence of the necessity of preserving the public peace, health, safety, or
15welfare in promulgating rules revising the minimum wages provided under subs. (2)
16to (5). A revised minimum wage provided under subs. (2) to (5) shall first apply to
17wages earned beginning on the first day of the first month beginning after the date
18on which that minimum wage is revised.
SB55-ASA1-AA74,3,22 19(2) Employees generally. Subject to the minimum wages provided under subs.
20(3) to (6) and (8), the department shall calculate the minimum hourly wage for
21employees generally by dividing the poverty line for a family of 3 persons by 2,080
22and rounding the quotient to the nearest multiple of 5 cents.
SB55-ASA1-AA74,4,2 23(3) Opportunity employees. Notwithstanding the minimum wage provided
24under sub. (2), but subject to the minimum wages provided under subs. (4) to (6) and
25(8), the department shall calculate the minimum wage for opportunity employees by

1multiplying the result obtained under sub. (2) by 92.9% and rounding the product to
2the nearest multiple of 5 cents.
SB55-ASA1-AA74,4,6 3(4) Tipped employees. (a) Notwithstanding the minimum wages provided
4under subs. (2) and (3), but subject to the minimum wages provided under subs. (5),
5(6), and (8), the department shall calculate the minimum wage for tipped employees
6as follows:
SB55-ASA1-AA74,4,97 1. For persons who are not opportunity employees, by multiplying the result
8obtained under sub. (2) by 54.8% and rounding the product to the nearest multiple
9of 5 cents.
SB55-ASA1-AA74,4,1210 2. For persons who are opportunity employees, by multiplying the result
11obtained under sub. (2) by 51.7% and rounding the product to the nearest multiple
12of 5 cents.
SB55-ASA1-AA74,4,1713 (b) An employer may pay the minimum wages specified in par. (a) only if the
14employer establishes by the employer's payroll records that, when adding the tips
15received by an employee to the wages under par. (a) paid to that employee, the
16employee receives not less than the minimum wage specified in sub. (2) or (3),
17whichever is applicable.
SB55-ASA1-AA74,4,25 18(5) Agricultural employees. Notwithstanding the minimum wages provided
19under subs. (2) to (4), but subject to the minimum wages provided under subs. (6) and
20(8), the department shall calculate the minimum wage for persons 18 years of age or
21over who are agricultural employees by multiplying the result obtained under sub.
22(2) by 95.3% and rounding the product to the nearest multiple of 5 cents and shall
23calculate the minimum wage for persons under 18 years of age who are agricultural
24employees by multiplying the result obtained under sub. (2) by 87.0% and rounding
25the product to the nearest multiple of 5 cents.
SB55-ASA1-AA74,5,2
1(6) Minimum wage established by department. The department shall
2promulgate rules providing the minimum wage for all of the following:
SB55-ASA1-AA74,5,43 (a) A counselor employed at a seasonal recreational or educational camp,
4including a day camp, for campers under 18 years of age.
SB55-ASA1-AA74,5,55 (b) A caddy on a golf course.
SB55-ASA1-AA74,5,76 (c) An employee or worker with a disability covered under a license under s.
7104.07.
SB55-ASA1-AA74,5,88 (d) A student learner.
SB55-ASA1-AA74,5,109 (e) A student employed by an independent college or university for less than
1020 hours per week.
SB55-ASA1-AA74,5,13 11(7) Employment exempted by department. The department shall promulgate
12rules exempting from the minimum wage requirements under subs. (2) to (5) all of
13the following:
SB55-ASA1-AA74,5,1514 (a) A person engaged in casual employment in and around an employer's home
15on an irregular or intermittent basis for not more than 15 hours per week.
SB55-ASA1-AA74,5,1916 (b) A person who resides with and who provides companionship and care, not
17including practical or professional nursing, as defined in s. 441.11 (3) and (4), and not
18more than 15 hours per week of general household work for an employer who, due
19to advanced age or physical or mental disability, cannot care for his or her own needs.
SB55-ASA1-AA74,5,2120 (c) An elementary or secondary school student performing student work-like
21activities in the student's school.
SB55-ASA1-AA74,5,23 22(8) Department may revise. The department may promulgate rules to increase
23a minimum wage provided under subs. (2) to (5).
SB55-ASA1-AA74, s. 2560mk 24Section 2560mk. 104.04 of the statutes is amended to read:
SB55-ASA1-AA74,6,13
1104.04 Classifications; department's authority. The department shall
2investigate, ascertain, determine, and fix such reasonable classifications, and shall
3impose general or special orders, determining the living-wage living wage, and shall
4carry out the purposes of ss. 104.01 to 104.12 this chapter. Such investigations,
5classifications, and orders shall be made as provided under s. 103.005, and the
6penalties specified in s. 103.005 (12) shall apply to and be imposed for any violation
7of ss. 104.01 to 104.12 this chapter. In determining the living-wage living wage, the
8department may consider the effect that an increase in the living-wage living wage
9might have on the economy of the state, including the effect of a living-wage living
10wage
increase on job creation, retention, and expansion, on the availability of
11entry-level jobs, and on regional economic conditions within the state. The
12department may not establish a different minimum wage for men and women. Said
13orders shall be subject to review in the manner provided in ch. 227.
SB55-ASA1-AA74, s. 2560mL 14Section 2560mL. 104.045 of the statutes is renumbered 104.045 (intro.) and
15amended to read:
SB55-ASA1-AA74,6,18 16104.045 Tipped employees Tips, meals, lodging, and hours worked.
17(intro.) The department shall by rule determine what amount of promulgate rules
18governing all of the following:
SB55-ASA1-AA74,6,20 19(1) The counting of tips or similar gratuities may be counted toward fulfillment
20of the employer's obligation under this chapter.
SB55-ASA1-AA74, s. 2560mm 21Section 2560mm. 104.045 (2) and (3) of the statutes are created to read:
SB55-ASA1-AA74,6,2322 104.045 (2) The deduction of meals or lodging provided by an employer to an
23employee from the employer's obligations under this chapter.
SB55-ASA1-AA74,6,25 24(3) The determination of hours worked by an employee during which the
25employee is entitled to a living wage under this chapter.
SB55-ASA1-AA74, s. 2560mn
1Section 2560mn. 104.05 of the statutes is amended to read:
SB55-ASA1-AA74,7,7 2104.05 Complaints; investigation. The department shall, within 20 days
3after the filing of a verified complaint of any person setting forth alleging that the
4wages paid to any employee in any occupation are not sufficient to enable the
5employee to maintain himself or herself under conditions consistent with his or her
6welfare, investigate and determine whether there is reasonable cause to believe that
7the wage paid to any the employee is not a living-wage living wage.
SB55-ASA1-AA74, s. 2560mp 8Section 2560mp. 104.06 of the statutes is amended to read:
SB55-ASA1-AA74,7,17 9104.06 Wage council; determination. If, upon investigation, the
10department finds that there is reasonable cause to believe that the wages paid to any
11employee are not a living-wage, it living wage, the department shall appoint a wage
12council, selected so as fairly to represent employers, employees, and the public, to
13assist in its investigations and determinations. The living-wage department may
14use the results of an investigation under this section to establish a living wage. A
15living wage
so determined upon shall be the living-wage living wage for all
16employees within the same class as established by the classification of the
17department under s. 104.04.
SB55-ASA1-AA74, s. 2560mq 18Section 2560mq. 104.07 (1) of the statutes is amended to read:
SB55-ASA1-AA74,7,2519 104.07 (1) The department shall make promulgate rules and, except as
20provided under subs. (5) and (6), grant licenses, to any employer who employs any
21employee who is unable to earn the living-wage theretofore determined upon,
22permitting such person to
a living wage so that the employee may work for a wage
23which shall be that is commensurate with the employee's ability and each . Each
24license so granted shall establish a wage for the licensee employees of the licensee
25who are unable to earn a living wage
.
SB55-ASA1-AA74, s. 2560mr
1Section 2560mr. 104.07 (2) of the statutes is amended to read:
SB55-ASA1-AA74,8,72 104.07 (2) The department shall make promulgate rules and, except as
3provided under subs. (5) and (6), grant licenses to sheltered workshops to permit the
4employment of workers with disabilities who are unable to earn the living-wage at
5a living wage so that those workers may work for a wage that is commensurate with
6their ability and productivity. A license granted to a sheltered workshop under this
7section may be issued for the entire workshop or a department of the workshop.
SB55-ASA1-AA74, s. 2560ms 8Section 2560ms. 104.08 (1) of the statutes is renumbered 104.08 (2m) and
9amended to read:
SB55-ASA1-AA74,8,1310 104.08 (2m) All persons Any person working in an occupation a trade industry
11for which a living-wage living wage has been established for minors, and who shall
12have
has no trade, shall, if employed in an occupation which is a trade industry, be
13indentured under the provisions of s. 106.01.
SB55-ASA1-AA74, s. 2560mt 14Section 2560mt. 104.08 (1m) (b) of the statutes is created to read:
SB55-ASA1-AA74,8,1715 104.08 (1m) (b) "Trade industry" means an industry involving physical labor
16and characterized by mechanical skill and training such as render a period of
17instruction reasonably necessary.
SB55-ASA1-AA74, s. 2560mu 18Section 2560mu. 104.08 (2) of the statutes is renumbered 104.08 (1m) (intro.)
19and amended to read:
SB55-ASA1-AA74,8,2120 104.08 (1m) (intro.) A "trade" or a "trade industry" within the meaning of ss.
21104.01 to 104.12 shall be a trade or
In this section:
SB55-ASA1-AA74,9,2 22(a) "Trade" means an industry occupation involving physical labor and
23characterized by mechanical skill and training such as render a period of instruction
24reasonably necessary. The department shall investigate, determine and declare

1what occupations and industries are included within the phrase a "trade" or a "trade
2industry".
SB55-ASA1-AA74, s. 2560mv 3Section 2560mv. 104.08 (3) of the statutes is renumbered 104.08 (3) (b) and
4amended to read:
SB55-ASA1-AA74,9,65 104.08 (3) (b) The department may make exceptions to the operation of subs.
6(1) and (2) (1m) and (2m) where conditions make their application unreasonable.
SB55-ASA1-AA74, s. 2560mw 7Section 2560mw. 104.08 (3) (a) of the statutes is created to read:
SB55-ASA1-AA74,9,98 104.08 (3) (a) The department shall investigate, determine, and declare what
9occupations and industries are included within a trade or a trade industry.
SB55-ASA1-AA74, s. 2560mx 10Section 2560mx. 104.10 of the statutes is amended to read:
SB55-ASA1-AA74,9,17 11104.10 Penalty for intimidating witness. Any employer who discharges or
12threatens to discharge, or who in any way discriminates , or threatens to
13discriminate, against any employee because the employee has testified or is about
14to testify, or because the employer believes that the employee may testify, in any
15investigation or proceeding relative to the enforcement of ss. 104.01 to 104.12, is
16guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of
17$25
this chapter may be fined $500 for each offense.
SB55-ASA1-AA74, s. 2560my 18Section 2560my. 104.11 of the statutes is amended to read:
SB55-ASA1-AA74,9,22 19104.11 Definition of violation. Each day during which any an employer
20shall employ employs a person for whom a living-wage living wage has been fixed
21established at a wage less than the living-wage fixed established living wage shall
22constitute a separate and distinct violation of ss. 104.01 to 104.12 this chapter.
SB55-ASA1-AA74, s. 2560mz 23Section 2560mz. 104.12 of the statutes is amended to read:
SB55-ASA1-AA74,9,25 24104.12 Complaints. Any person may register with the department a
25complaint that the wages paid to employees for whom a living-wage living wage has

1been established are less than that rate, and the department shall investigate the
2matter and take all proceedings necessary to enforce the payment of a wage not less
3than the living-wage a living wage. Section 111.322 (2m) applies to discharge and
4other discriminatory acts arising in connection with any proceeding under this
5section.".
SB55-ASA1-AA74,10,6 63. Page 1018, line 11: after that line insert:
SB55-ASA1-AA74,10,7 7" Section 3126m. 234.94 (5) of the statutes is amended to read:
SB55-ASA1-AA74,10,118 234.94 (5) "Primary employment" means work which pays at least the
9minimum wage as established under ch. 104 s. 104.035 (2) or under federal law,
10whichever is greater, offers adequate fringe benefits, including health insurance,
11and is not seasonal or part time.
SB55-ASA1-AA74, s. 3126p 12Section 3126p. 234.94 (8) of the statutes is amended to read:
SB55-ASA1-AA74,10,1813 234.94 (8) "Target group" means a population group for which the
14unemployment level is at least 25% higher than the statewide unemployment level,
15or a population group for which the average wage received is less than 1.2 times the
16minimum wage as established under ch. 104 s. 104.035 (2) or under federal law,
17whichever is greater. No population group is required to be located within a
18contiguous geographic area to be considered a target group.".
SB55-ASA1-AA74,10,19 194. Page 1203, line 23: after that line insert:
SB55-ASA1-AA74,10,20 20" Section 3823k. 800.09 (1) (b) of the statutes is amended to read:
SB55-ASA1-AA74,11,1021 800.09 (1) (b) If the defendant agrees to perform community service work in
22lieu of making restitution or paying the forfeiture, assessments, and costs, or both,
23the court may order that the defendant perform community service work for a public
24agency or a nonprofit charitable organization that is designated by the court.

1Community service work may be in lieu of restitution only if also agreed to by the
2public agency or nonprofit charitable organization and by the person to whom
3restitution is owed. The court may utilize any available resources, including any
4community service work program, in ordering the defendant to perform community
5service work. The number of hours of community service work required may not
6exceed the number determined by dividing the amount owed on the forfeiture by the
7minimum wage established under ch. 104 for adults in nonagriculture, nontipped
8employment
s. 104.035 (2). The court shall ensure that the defendant is provided a
9written statement of the terms of the community service order and that the
10community service order is monitored.".
SB55-ASA1-AA74,11,11 115. Page 1204, line 16: after that line insert:
SB55-ASA1-AA74,11,12 12" Section 3824q. 800.095 (4) (b) 3. of the statutes is amended to read:
SB55-ASA1-AA74,12,213 800.095 (4) (b) 3. That the defendant perform community service work for a
14public agency or a nonprofit charitable organization designated by the court, except
15that the court may not order the defendant to perform community service work
16unless the defendant agrees to perform community service work and, if the
17community service work is in lieu of restitution, unless the person to whom the
18restitution is owed agrees. The court may utilize any available resources, including
19any community service work program, in ordering the defendant to perform
20community service work. The number of hours of community service work required
21may not exceed the number determined by dividing the amount owed on the
22forfeiture, or restitution, or both, by the minimum wage established under ch. 104
23for adults in nonagriculture, nontipped employment
s. 104.035 (2). The court shall

1ensure that the defendant is provided a written statement of the terms of the
2community service order and that the community service order is monitored.".
SB55-ASA1-AA74,12,3 36. Page 1218, line 8: after that line insert:
SB55-ASA1-AA74,12,4 4" Section 3862y. 895.035 (2m) (c) of the statutes is amended to read:
SB55-ASA1-AA74,12,215 895.035 (2m) (c) The court assigned to exercise jurisdiction under chs. 48 and
6938 may order that the juvenile perform community service work for a public agency
7or nonprofit charitable organization that is designated by the court in lieu of making
8restitution or paying the forfeiture or surcharge. If the parent agrees to perform
9community service work in lieu of making restitution or paying the forfeiture or
10surcharge, the court may order that the parent perform community service work for
11a public agency or a nonprofit charitable organization that is designated by the court.
12Community service work may be in lieu of restitution only if also agreed to by the
13public agency or nonprofit charitable organization and by the person to whom
14restitution is owed. The court may utilize any available resources, including any
15community service work program, in ordering the juvenile or parent to perform
16community service work. The number of hours of community service work required
17may not exceed the number determined by dividing the amount owed on the
18restitution, forfeiture, or surcharge by the minimum wage established under ch. 104
19for adults in nonagriculture, nontipped employment
s. 104.035 (2). The court shall
20ensure that the juvenile or parent is provided with a written statement of the terms
21of the community service order and that the community service order is monitored.".
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