Amendment AA1-ASA1-AB37

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2005 - 2006 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2005 ASSEMBLY BILL 37

March 8, 2005 - Offered by Representative Sheridan.

AB37-ASA1-AA1,1,1 At the locations indicated, amend the substitute amendment as follows:

AB37-ASA1-AA1,1,3 1. Page 1, line 3: after "in criminal and delinquency proceedings" insert ", a state minimum wage, granting rule-making authority, and providing a penalty".

AB37-ASA1-AA1,1,4 2. Page 2, line 1: before that line insert:

AB37-ASA1-AA1,1,5 " Section 1b. 49.141 (1) (g) of the statutes is amended to read:

AB37-ASA1-AA1,1,8 49.141 (1) (g) "Minimum wage" means the state minimum hourly wage under ch. 104 s. 104.035 (1) or the federal minimum hourly wage under 29 USC 206 (a) (1), whichever is applicable.

AB37-ASA1-AA1, s. 1c Section 1c. 104.01 (intro.) of the statutes is amended to read:

AB37-ASA1-AA1,1,11 104.01 Definitions. (intro.) The following terms as used in ss. 104.01 to 104.12 shall be construed as follows In this chapter:

AB37-ASA1-AA1, s. 1d Section 1d. 104.01 (1) of the statutes is renumbered 104.01 (1m).

AB37-ASA1-AA1, s. 1e Section 1e. 104.01 (1d) of the statutes is created to read:

AB37-ASA1-AA1,2,3 104.01 (1d) "Agricultural employee" means an employee who is employed in farming, as defined in s. 102.04 (3).

AB37-ASA1-AA1, s. 1f Section 1f. 104.01 (5) of the statutes is amended to read:

AB37-ASA1-AA1,2,8 104.01 (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.

AB37-ASA1-AA1, s. 1g Section 1g. 104.01 (5g) of the statutes is created to read:

AB37-ASA1-AA1,2,11 104.01 (5g) "Minor employee" means a minor who is paid at the applicable minimum wage rate for minors.

AB37-ASA1-AA1, s. 1h Section 1h. 104.01 (5m) of the statutes is created to read:

AB37-ASA1-AA1,2,14 104.01 (5m) "Opportunity employee" means a person under 20 years of age who is in the first 90 consecutive days of employment with his or her employer.

AB37-ASA1-AA1, s. 1i Section 1i. 104.01 (7m) of the statutes is created to read:

AB37-ASA1-AA1,2,18 104.01 (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.

AB37-ASA1-AA1, s. 1j Section 1j. 104.01 (8) of the statutes is amended to read:

AB37-ASA1-AA1,2,21 104.01 (8) The term "wage" and the term "wages" shall each mean "Wage" means any compensation for labor measured by time, piece, or otherwise.

AB37-ASA1-AA1, s. 1k Section 1k. 104.02 of the statutes is amended to read:

AB37-ASA1-AA1,2,25 104.02 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.

AB37-ASA1-AA1, s. 1L Section 1L. 104.03 of the statutes is amended to read:

AB37-ASA1-AA1,3,4 104.03 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.

AB37-ASA1-AA1, s. 1m Section 1m. 104.035 of the statutes is created to read:

AB37-ASA1-AA1,3,7 104.035 Minimum wage. (1) Employees generally. (a) Minimum rates. Except as provided in subs. (2) to (8), the minimum wage is as follows:

AB37-ASA1-AA1,3,8 1. For wages earned before October 1, 2005, $5.70 per hour.

AB37-ASA1-AA1,3,9 2. For wages earned beginning on October 1, 2005, $6.50 per hour.

AB37-ASA1-AA1,3,13 (b) Allowances for meals and lodging. Except as provided in subs. (2) (b) and (4) (b), if an employer furnishes an employee with meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the employer may deduct the following amounts from the wages of the employee:

AB37-ASA1-AA1,3,16 1. For lodging furnished before October 1, 2005, $45.60 per week or $6.50 per day and for meals furnished before October 1, 2005, $68.40 per week or $3.25 per meal.

AB37-ASA1-AA1,3,19 2. For lodging furnished beginning on October 1, 2005, $52 per week or $7.40 per day and for meals furnished beginning on October 1, 2005, $78 per week or $3.70 per meal.

AB37-ASA1-AA1,3,22 (2) Minor and opportunity employees. (a) Minimum rates. Except as provided in subs. (3) to (8), the minimum wage for a minor employee or an opportunity employee is as follows:

AB37-ASA1-AA1,3,23 1. For wages earned before October 1, 2005, $5.30 per hour.

AB37-ASA1-AA1,3,24 2. For wages earned beginning on October 1, 2005, $5.90 per hour.

AB37-ASA1-AA1,4,4 (b) Allowances for meals and lodging. Except as provided in sub. (4) (b), if an employer furnishes a minor employee or an opportunity employee with meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the employer may deduct the following amounts from the wages of the employee:

AB37-ASA1-AA1,4,6 1. For lodging furnished before October 1, 2005, $42.40 per week or $6.05 per day and for meals furnished before October 1, 2005, $63.60 per week or $3 per meal.

AB37-ASA1-AA1,4,9 2. For lodging furnished beginning on October 1, 2005, $47.20 per week or $6.75 per day and for meals furnished beginning on October 1, 2005, $70.80 per week or $3.35 per meal.

AB37-ASA1-AA1,4,15 (3) Tipped employees. (a) Minimum rates. Except as provided in subs. (4) to (8), if an employer of a tipped employee establishes by the employer's payroll records that, when adding the tips received by the tipped employee in a week to the wages paid to the tipped employee in that week, the tipped employee receives not less than the applicable minimum wage specified in sub. (1) or (2), the minimum wage for the tipped employee is as follows:

AB37-ASA1-AA1,4,17 1. For wages earned by a tipped employee who is not an opportunity employee, $2.33 per hour.

AB37-ASA1-AA1,4,19 2. For wages earned by a tipped employee who is an opportunity employee, $2.13 per hour.

AB37-ASA1-AA1,4,23 (b) Allowances for meals and lodging. If an employer furnishes a tipped employee with meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the employer may deduct the applicable amounts specified in subs. (1) (b) or (2) (b) from the wages of the tipped employee.

AB37-ASA1-AA1,4,25 (4) Agricultural employees. (a) Minimum rates. Except as provided in subs. (7) and (8), the minimum wage for an agricultural employee is as follows:

AB37-ASA1-AA1,5,1 1. For wages earned by an adult agricultural employee, $5.15 per hour.

AB37-ASA1-AA1,5,2 2. For wages earned by a minor agricultural employee, $4.25 per hour.

AB37-ASA1-AA1,5,6 (b) Allowances for meals and lodging. If an employer furnishes an agricultural employee with meals or lodging in accordance with rules promulgated by the department under s. 104.045 (2), the employer may deduct the following amounts from the wages of the employee:

AB37-ASA1-AA1,5,9 1. For lodging furnished to an adult agricultural employee, $41.20 per week or $5.90 per day and for meals furnished to an adult agricultural employee, $61.80 per week or $2.95 per meal.