AB2-AA1,3,1310
(b)
Allowances for meals and lodging. Except as provided in subs. (2) (b) and
11(4) (b), if an employer furnishes an employee with meals or lodging in accordance
12with rules promulgated by the department under s. 104.045 (2), the employer may
13deduct the following amounts from the wages of the employee:
AB2-AA1,3,1614
1. For lodging furnished before October 1, 2005, $45.60 per week or $6.50 per
15day and for meals furnished before October 1, 2005, $68.40 per week or $3.25 per
16meal.
AB2-AA1,3,1917
2. For lodging furnished beginning on October 1, 2005, $52 per week or $7.40
18per day and for meals furnished beginning on October 1, 2005, $78 per week or $3.70
19per meal.
AB2-AA1,3,22
20(2) Minor and opportunity employees. (a)
Minimum rates. Except as provided
21in subs. (3) to (8), the minimum wage for a minor employee or an opportunity
22employee is as follows:
AB2-AA1,3,2323
1. For wages earned before October 1, 2005, $5.30 per hour.
AB2-AA1,3,2424
2. For wages earned beginning on October 1, 2005, $5.90 per hour.
AB2-AA1,4,4
1(b)
Allowances for meals and lodging. Except as provided in sub. (4) (b), if an
2employer furnishes a minor employee or an opportunity employee with meals or
3lodging in accordance with rules promulgated by the department under s. 104.045
4(2), the employer may deduct the following amounts from the wages of the employee:
AB2-AA1,4,65
1. For lodging furnished before October 1, 2005, $42.40 per week or $6.05 per
6day and for meals furnished before October 1, 2005, $63.60 per week or $3 per meal.
AB2-AA1,4,97
2. For lodging furnished beginning on October 1, 2005, $47.20 per week or $6.75
8per day and for meals furnished beginning on October 1, 2005, $70.80 per week or
9$3.35 per meal.
AB2-AA1,4,15
10(3) Tipped employees. (a)
Minimum rates. Except as provided in subs. (4) to
11(8), if an employer of a tipped employee establishes by the employer's payroll records
12that, when adding the tips received by the tipped employee in a week to the wages
13paid to the tipped employee in that week, the tipped employee receives not less than
14the applicable minimum wage specified in sub. (1) or (2), the minimum wage for the
15tipped employee is as follows:
AB2-AA1,4,1716
1. For wages earned by a tipped employee who is not an opportunity employee,
17$2.33 per hour.
AB2-AA1,4,1918
2. For wages earned by a tipped employee who is an opportunity employee,
19$2.13 per hour.
AB2-AA1,4,2320
(b)
Allowances for meals and lodging. If an employer furnishes a tipped
21employee with meals or lodging in accordance with rules promulgated by the
22department under s. 104.045 (2), the employer may deduct the applicable amounts
23specified in subs. (1) (b) or (2) (b) from the wages of the tipped employee.
AB2-AA1,4,25
24(4) Agricultural employees. (a)
Minimum rates. Except as provided in subs.
25(7) and (8), the minimum wage for an agricultural employee is as follows:
AB2-AA1,5,1
11. For wages earned by an adult agricultural employee, $5.15 per hour.
AB2-AA1,5,22
2. For wages earned by a minor agricultural employee, $4.25 per hour.
AB2-AA1,5,63
(b)
Allowances for meals and lodging. If an employer furnishes an agricultural
4employee with meals or lodging in accordance with rules promulgated by the
5department under s. 104.045 (2), the employer may deduct the following amounts
6from the wages of the employee:
AB2-AA1,5,97
1. For lodging furnished to an adult agricultural employee, $41.20 per week or
8$5.90 per day and for meals furnished to an adult agricultural employee, $61.80 per
9week or $2.95 per meal.
AB2-AA1,5,1210
2. For lodging furnished to a minor agricultural employee, $34 per week or
11$4.85 per day and for meals furnished to a minor agricultural employee, $51 per week
12or $2.40 per meal.
AB2-AA1,5,15
13(5) Camp counselors. (a)
Minimum rates for adult counselors. The minimum
14wage for a counselor at a seasonal recreational or educational camp, including a day
15camp, who is an adult is as follows:
AB2-AA1,5,1816
1. For wages earned before October 1, 2005, $215 per week if meals and lodging
17are not furnished, $164 per week if only meals are furnished, and $129 per week if
18both meals and lodging are furnished.
AB2-AA1,5,2119
2. For wages earned beginning on October 1, 2005, $270 per week if meals and
20lodging are not furnished, $217 per week if only meals are furnished, and $171 per
21week if both meals and lodging are furnished.
AB2-AA1,5,2422
3. For wages earned beginning on October 1, 2006, $315 per week if meals and
23lodging are not furnished, $240 per week if only meals are furnished, and $189 per
24week if both meals and lodging are furnished.
AB2-AA1,6,3
1(b)
Minimum rates for minor counselors. The minimum wage for a counselor
2at a seasonal recreational or educational camp, including a day camp, who is a minor
3is as follows:
AB2-AA1,6,64
1. For wages earned before October 1, 2005, $175 per week if meals and lodging
5are not furnished, $133 per week if only meals are furnished, and $105 per week if
6both meals and lodging are furnished.
AB2-AA1,6,97
2. For wages earned beginning on October 1, 2005, $225 per week if meals and
8lodging are not furnished, $171 per week if only meals are furnished, and $135 per
9week if both meals and lodging are furnished.
AB2-AA1,6,1210
3. For wages earned beginning on October 1, 2006, $275 per week if meals and
11lodging are not furnished, $209 per week if only meals are furnished, and $165 per
12week if both meals and lodging are furnished.
AB2-AA1,6,13
13(6) Golf caddies. The minimum wage for a golf caddy is as follows:
AB2-AA1,6,1414
(a) For 18 holes, $10.50.
AB2-AA1,6,1515
(b) For 9 holes, $5.90.
AB2-AA1,6,17
16(7) Minimum wage established by department. The department shall
17promulgate rules providing the minimum wage for all of the following:
AB2-AA1,6,1918
(a) An employee or worker with a disability covered under a license under s.
19104.07.
AB2-AA1,6,2020
(b) A student learner.
AB2-AA1,6,2221
(c) A student employed by an independent college or university for less than
2220 hours per week.
AB2-AA1,6,25
23(8) Employment exempted by department. The department shall promulgate
24rules exempting from the minimum wage requirements under subs. (1) to (7) all of
25the following:
AB2-AA1,7,2
1(a) A person engaged in casual employment in and around an employer's home
2on an irregular or intermittent basis for not more than 15 hours per week.
AB2-AA1,7,63
(b) A person who resides with and who provides companionship and care, not
4including practical or professional nursing, as defined in s. 441.001 (3) and (4), and
5not more than 15 hours per week of general household work for an employer who, due
6to advanced age or physical or mental disability, cannot care for his or her own needs.
AB2-AA1,7,87
(c) An elementary or secondary school student performing student work-like
8activities in the student's school.
AB2-AA1,7,11
9(9) Department may revise. The department may promulgate rules to increase
10a minimum wage or an allowance for meals and lodging provided under subs. (1) to
11(7).
AB2-AA1,8,2
13104.04 Classifications; department's authority. The department shall
14investigate, ascertain, determine
, and fix such reasonable classifications, and shall
15impose general or special orders, determining the
living-wage living wage, and shall
16carry out the purposes of
ss. 104.01 to 104.12. Such
this chapter. Those 17investigations, classifications
, and orders shall be made as provided under s.
18103.005, and the penalties specified in s. 103.005 (12) shall apply to and be imposed
19for any violation of
ss. 104.01 to 104.12 this chapter. In determining the
living-wage 20living wage, the department may consider the effect that an increase in the
21living-wage living wage might have on the economy of the state, including the effect
22of a
living-wage living wage increase on job creation, retention
, and expansion, on
23the availability of entry-level jobs
, and on regional economic conditions within the
24state. The department may not establish a different minimum wage for men and
1women.
Said Those orders shall be subject to review in the manner provided in ch.
2227.
AB2-AA1, s. 17m
3Section 17m. 104.045 of the statutes is renumbered 104.045 (intro.) and
4amended to read:
AB2-AA1,8,7
5104.045 Tipped employees Tips, meals, lodging, and hours worked. 6(intro.) The department shall
by rule determine what amount of promulgate rules
7governing all of the following:
AB2-AA1,8,9
8(1) The counting of tips or similar gratuities
may be counted toward fulfillment
9of the employer's obligation under this chapter.
AB2-AA1, s. 18m
10Section 18m. 104.045 (2) and (3) of the statutes are created to read:
AB2-AA1,8,1211
104.045
(2) The deduction of meals or lodging provided by an employer to an
12employee from the employer's obligation under this chapter.
AB2-AA1,8,14
13(3) The determination of hours worked by an employee during which the
14employee is entitled to a living wage under this chapter.
AB2-AA1,8,21
16104.05 Complaints; investigation. The department shall, within 20 days
17after the filing of a verified complaint of any person
setting forth alleging that the
18wages paid to any employee
in any occupation are not sufficient to enable the
19employee to maintain himself or herself under conditions consistent with his or her
20welfare, investigate and determine whether there is reasonable cause to believe that
21the wage paid to
any the employee is not a
living-wage living wage.
AB2-AA1,9,6
23104.06 Wage council; determination. If, upon investigation, the
24department finds that there is reasonable cause to believe that the wages paid to any
25employee are not a
living-wage, it living wage, the department shall appoint a wage
1council, selected so as fairly to represent employers, employees
, and the public, to
2assist in its investigations and determinations. The
living-wage department may
3use the results of an investigation under this section to establish a living wage. A
4living wage so determined
upon shall be the
living-wage living wage for all
5employees within the same class as established by the
classification of the 6department
under s. 104.04.
AB2-AA1, s. 21m
7Section 21m. 104.07 (1) of the statutes is amended to read:
AB2-AA1,9,148
104.07
(1) The department shall
make
promulgate rules and, except as
9provided under subs. (5) and (6), grant licenses, to any employer who employs any
10employee
who is unable to earn
the living-wage theretofore determined upon,
11permitting such person to a living wage so that the employee may work for a wage
12which shall be that is commensurate with
the employee's ability
and each
. Each 13license so granted shall establish a wage for the
licensee employees of the licensee
14who are unable to earn a living wage.
AB2-AA1, s. 22m
15Section 22m. 104.07 (2) of the statutes is amended to read:
AB2-AA1,9,2216
104.07
(2) The department shall
make
promulgate rules and, except as
17provided under subs. (5) and (6), grant licenses to sheltered workshops to permit the
18employment of workers with disabilities who are unable to earn
the living-wage at 19a living wage so that those workers may work for a wage that is commensurate with
20their
ability abilities and productivity. A license granted to a sheltered workshop
21under this section may be issued for the entire workshop or a department of the
22workshop.
AB2-AA1, s. 23m
23Section 23m. 104.08 (1) of the statutes is renumbered 104.08 (2m) and
24amended to read:
AB2-AA1,10,4
1104.08
(2m) All persons Any person working in
an occupation a trade industry 2for which a
living-wage living wage has been established for minors, and who
shall
3have has no trade, shall
, if employed in an occupation which is a trade industry, be
4indentured under
the provisions of s. 106.01.
AB2-AA1, s. 24m
5Section 24m. 104.08 (1m) (b) of the statutes is created to read:
AB2-AA1,10,86
104.08
(1m) (b) "Trade industry" means an industry involving physical labor
7and characterized by mechanical skill and training such as render a period of
8instruction reasonably necessary.
AB2-AA1, s. 25m
9Section 25m. 104.08 (2) of the statutes is renumbered 104.08 (1m) (intro.) and
10amended to read:
AB2-AA1,10,1211
104.08
(1m) (intro.)
A "trade" or a "trade industry" within the meaning of ss.
12104.01 to 104.12 shall be a trade or In this section:
AB2-AA1,10,17
13(a) "Trade" means an
industry
occupation involving physical labor and
14characterized by mechanical skill and training such as render a period of instruction
15reasonably necessary.
The department shall investigate, determine and declare
16what occupations and industries are included within the phrase a "trade" or a "trade
17industry".
AB2-AA1, s. 26m
18Section 26m. 104.08 (3) of the statutes is renumbered 104.08 (3) (b) and
19amended to read:
AB2-AA1,10,2120
104.08
(3) (b) The department may make exceptions to the operation of subs.
21(1) and (2) (1m) and (2m) where conditions make their application unreasonable.
AB2-AA1, s. 27m
22Section 27m. 104.08 (3) (a) of the statutes is created to read:
AB2-AA1,10,2423
104.08
(3) (a) The department shall investigate, determine, and declare what
24occupations and industries are included within a trade or a trade industry.
AB2-AA1,11,7
1104.10 Penalty for intimidating witness. Any employer who discharges or
2threatens to discharge, or
who in any way discriminates
, or threatens to
3discriminate
, against any employee because the employee has testified or is about
4to testify, or because the employer believes that the employee may testify, in any
5investigation or proceeding relative to the enforcement of
ss. 104.01 to 104.12, is
6guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of
7$25 this chapter may be fined $500 for each offense.
AB2-AA1,11,12
9104.11 Definition of violation. Each day during which
any an employer
10shall employ employs a person for whom a
living-wage living wage has been
fixed 11established at a wage less than the
living-wage fixed established living wage shall
12constitute a separate and distinct violation of
ss. 104.01 to 104.12 this chapter.
AB2-AA1,11,20
14104.12 Complaints. Any person may register with the department a
15complaint that the wages paid to employees for whom a
living-wage living wage has
16been established are less than that rate, and the department shall investigate the
17matter and take all proceedings necessary to enforce the payment of a wage not less
18than
the living-wage a living wage. Section 111.322 (2m) applies to discharge and
19other discriminatory acts arising in connection with any proceeding under this
20section.
AB2-AA1, s. 31m
21Section 31m. 234.94 (5) of the statutes is amended to read:
AB2-AA1,11,2522
234.94
(5) "Primary employment" means work
which that pays at least the
23minimum wage as established under
ch. 104 s. 104.035 (1) or under federal law,
24whichever is greater, offers adequate fringe benefits, including health insurance,
25and is not seasonal or part time.
AB2-AA1, s. 32m
1Section 32m. 234.94 (8) of the statutes is amended to read:
AB2-AA1,12,72
234.94
(8) "Target group" means a population group for which the
3unemployment level is at least 25% higher than the statewide unemployment level,
4or a population group for which the average wage received is less than 1.2 times the
5minimum wage as established under
ch. 104 s. 104.035 (1) or under federal law,
6whichever is greater. No population group is required to be located within a
7contiguous geographic area to be considered a target group.
AB2-AA1, s. 33m
8Section 33m. 800.09 (1) (b) of the statutes is amended to read:
AB2-AA1,12,229
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 (1). 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.
AB2-AA1, s. 34m
23Section 34m. 800.095 (4) (b) 3. of the statutes is amended to read:
AB2-AA1,13,1124
800.095
(4) (b) 3. That the defendant perform community service work for a
25public agency or a nonprofit charitable organization designated by the court, except
1that the court may not order the defendant to perform community service work
2unless the defendant agrees to perform community service work and, if the
3community service work is in lieu of restitution, unless the person to whom the
4restitution is owed agrees. The court may utilize any available resources, including
5any community service work program, in ordering the defendant to perform
6community service work. The number of hours of community service work required
7may not exceed the number determined by dividing the amount owed on the
8forfeiture
, or restitution, or both, by the minimum wage established under
ch. 104
9for adults in nonagriculture, nontipped employment s. 104.035 (1). The court shall
10ensure that the defendant is provided a written statement of the terms of the
11community service order and that the community service order is monitored.
AB2-AA1, s. 35m
12Section 35m. 895.035 (2m) (c) of the statutes is amended to read:
AB2-AA1,14,413
895.035
(2m) (c) The court assigned to exercise jurisdiction under chs. 48 and
14938 may order that the juvenile perform community service work for a public agency
15or nonprofit charitable organization that is designated by the court in lieu of making
16restitution or paying the forfeiture or surcharge. If the parent agrees to perform
17community service work in lieu of making restitution or paying the forfeiture or
18surcharge, the court may order that the parent perform community service work for
19a public agency or a nonprofit charitable organization that is designated by the court.
20Community service work may be in lieu of restitution only if also agreed to by the
21public agency or nonprofit charitable organization and by the person to whom
22restitution is owed. The court may utilize any available resources, including any
23community service work program, in ordering the juvenile or parent to perform
24community service work. The number of hours of community service work required
25may not exceed the number determined by dividing the amount owed on the
1restitution, forfeiture
, or surcharge by the minimum wage established under
ch. 104
2for adults in nonagriculture, nontipped employment s. 104.035 (1). The court shall
3ensure that the juvenile or parent is provided with a written statement of the terms
4of the community service order and that the community service order is monitored.
AB2-AA1,14,126
(1)
Minimum wage. The treatment of sections 49.141 (1g), 104.01 (intro.), (1),
7(1d), (5), (5g), (5m), (7m), and (8), 104.02, 104.03, 104.035, 104.04, 104.05, 104.06,
8104.07 (1) and (2), 104.08 (1), (1m) (b), and (2), 104.10, 104.11, 104.12, 234.94 (5) and
9(8), 800.09 (1) (b), 800.095 (4) (b) 3., and 895.035 (2m) (c) of the statutes, the
10renumbering and amendment of sections 104.045 and 104.08 (3) of the statutes, and
11the creation of sections 104.045 (2) and (3) and 104.08 (3) (a) of the statutes take effect
12on the first day of the 3rd month beginning after publication.".