AB49-ASA1,3,12
10104.02 Living-wage Living wage prescribed. Every wage paid or agreed
11to be paid by any employer to any employee, except as otherwise provided in s.
12104.07, shall be not less than a
living-wage living wage.
AB49-ASA1,3,16
14104.03 Unlawful wages. Any employer paying, offering to pay, or agreeing
15to pay any employee a wage lower or less in value than a
living-wage living wage is
16guilty of a violation of
ss. 104.01 to 104.12 this chapter.
AB49-ASA1,4,5
18104.04 Classifications; department's authority. The department shall
19investigate, ascertain, determine
, and fix such reasonable classifications, and shall
20impose general or special orders, determining the
living-wage living wage, and shall
21carry out the purposes of
ss. 104.01 to 104.12 this chapter. Such investigations,
22classifications
, and orders shall be made as provided under s. 103.005, and the
23penalties specified in s. 103.005 (12) shall apply to and be imposed for any violation
24of
ss. 104.01 to 104.12 this chapter. In determining the
living-wage living wage, the
25department may consider the effect that an increase in the
living-wage living wage
1might have on the economy of the state, including the effect of a
living-wage living
2wage increase on job creation, retention
, and expansion, on the availability of
3entry-level jobs
, and on regional economic conditions within the state. The
4department may not establish a different minimum wage for men and women. Said
5orders shall be subject to review in the manner provided in ch. 227.
AB49-ASA1,4,12
7104.05 Complaints; investigation. The department shall, within 20 days
8after the filing of a verified complaint of any person setting forth that the wages paid
9to any employee in any occupation are not sufficient to enable the employee to
10maintain himself or herself under conditions consistent with his or her welfare,
11investigate and determine whether there is reasonable cause to believe that the wage
12paid to any employee is not a
living-wage living wage.
AB49-ASA1,4,20
14104.06 Wage council; determination. If, upon investigation, the
15department finds that there is reasonable cause to believe that the wages paid to any
16employee are not a
living-wage, it living wage, the department shall appoint a wage
17council, selected so as fairly to represent employers, employees
, and the public, to
18assist in its investigations and determinations. The
living-wage living wage so
19determined upon shall be the
living-wage living wage for all employees within the
20same class as established by the classification of the department.
AB49-ASA1, s. 9
21Section
9. 104.07 (1) of the statutes is amended to read:
AB49-ASA1,5,222
104.07
(1) The department shall make rules
, and, except as provided under
23subs. (5) and (6), grant licenses
, to any employer who employs any employee
who is 24unable to earn the
living-wage theretofore determined upon living wage determined
25by the department, permitting
such person the employee to work for a wage
which
1shall be that is commensurate with
the employee's ability
and each. Each license so
2granted shall establish a wage for the licensee.
AB49-ASA1,5,94
104.07
(2) The department shall make rules
, and, except as provided under
5subs. (5) and (6), grant licenses to sheltered workshops
, to permit the employment
6of workers with disabilities who are unable to earn the
living-wage living wage at
7a wage that is commensurate with their ability and productivity. A license granted
8to a sheltered workshop under this
section subsection may be issued for the entire
9workshop or a department of the workshop.
AB49-ASA1, s. 11
10Section
11. 104.08 (1) of the statutes is renumbered 104.08 (2m) and amended
11to read:
AB49-ASA1,5,1512
104.08
(2m) All persons Any person working in
an occupation a trade industry 13for which a
living-wage living wage has been established for minors, and who
shall
14have has no trade, shall
, if employed in an occupation which is a trade industry, be
15indentured under
the provisions of s. 106.01.
AB49-ASA1, s. 12
16Section
12. 104.08 (1m) (b) of the statutes is created to read:
AB49-ASA1,5,1917
104.08
(1m) (b) "Trade industry" means an industry involving physical labor
18and characterized by mechanical skill and training such as render a period of
19instruction reasonably necessary.
AB49-ASA1, s. 13
20Section
13. 104.08 (2) of the statutes is renumbered 104.08 (1m) (intro.) and
21amended to read:
AB49-ASA1,5,2322
104.08
(1m) (intro.)
A "trade" or a "trade industry" within the meaning of ss.
23104.01 to 104.12 shall be a trade or In this section:
AB49-ASA1,6,3
1(a) "Trade" means an
industry occupation involving physical labor and
2characterized by mechanical skill and training such as render a period of instruction
3reasonably necessary.
AB49-ASA1,6,6
4(3) (a) The department shall investigate, determine
, and declare what
5occupations and industries are included within
the phrase a "trade" or a "trade
6industry
".."
AB49-ASA1, s. 14
7Section
14. 104.08 (3) of the statutes is renumbered 104.08 (3) (b) and
8amended to read:
AB49-ASA1,6,109
104.08
(3) (b) The department may make exceptions to the operation of
subs.
10(1) and (2) where sub. (2m) when conditions make
their its application unreasonable.
AB49-ASA1,6,18
12104.10 Penalty for intimidating witness. Any employer who discharges or
13threatens to discharge, or in any way discriminates, or threatens to discriminate
14against any employee because the employee has testified or is about to testify, or
15because the employer believes that the employee may testify, in any investigation or
16proceeding relative to the enforcement of
ss. 104.01 to 104.12 this chapter, is guilty
17of a misdemeanor, and upon conviction thereof shall be punished by a fine of $25 for
18each offense.
AB49-ASA1,6,23
20104.11 Definition of violation. Each day during which any employer shall
21employ a person for whom a
living-wage living wage has been fixed at a wage less
22than the
living-wage living wage fixed shall constitute a separate and distinct
23violation of
ss. 104.01 to 104.12 this chapter.
AB49-ASA1,7,7
1104.12 Complaints. Any person may register with the department a
2complaint that the wages paid to
employees an employee for whom a
living-wage 3living wage has been established are less than that
rate living wage, and the
4department shall investigate the matter and take all proceedings necessary to
5enforce the payment of a wage
that is not less than the
living-wage living wage.
6Section 111.322 (2m) applies to discharge and other discriminatory acts arising in
7connection with any proceeding under this section.
AB49-ASA1,7,139
(1) This act first applies to an employee who is affected by a collective
10bargaining agreement that contains provisions that are inconsistent with section
11104.001 of the statutes, as created by this act, on the day on which the collective
12bargaining agreement expires or is extended, modified, or renewed, whichever
13occurs first.