AB91-AA1,4,13 8(3) Tipped employees. (a) Minimum rates. Except as provided in subs. (4) to
9(8), if an employer of a tipped employee establishes by the employer's payroll records
10that, when adding the tips received by the tipped employee in a week to the wages
11paid to the tipped employee in that week, the tipped employee receives not less than
12the applicable minimum wage specified in sub. (1) or (2), the minimum wage for the
13tipped employee is as follows:
AB91-AA1,4,1514 1. For wages earned by a tipped employee who is not an opportunity employee,
15$2.33 per hour.
AB91-AA1,4,1716 2. For wages earned by a tipped employee who is an opportunity employee,
17$2.13 per hour.
AB91-AA1,4,2118 (b) Allowances for meals and lodging. If an employer furnishes a tipped
19employee with meals or lodging in accordance with rules promulgated by the
20department under s. 104.045 (2), the employer may deduct the applicable amounts
21specified in subs. (1) (b) or (2) (b) from the wages of the tipped employee.
AB91-AA1,4,23 22(4) Agricultural employees. (a) Minimum rates. Except as provided in subs.
23(7) and (8), the minimum wage for an agricultural employee is as follows:
AB91-AA1,4,2424 1. For wages earned by an adult agricultural employee, $5.15 per hour.
AB91-AA1,4,2525 2. For wages earned by a minor agricultural employee, $4.25 per hour.
AB91-AA1,5,4
1(b) Allowances for meals and lodging. If an employer furnishes an agricultural
2employee with meals or lodging in accordance with rules promulgated by the
3department under s. 104.045 (2), the employer may deduct the following amounts
4from the wages of the employee:
AB91-AA1,5,75 1. For lodging furnished to an adult agricultural employee, $41.20 per week or
6$5.90 per day and for meals furnished to an adult agricultural employee, $61.80 per
7week or $2.95 per meal.
AB91-AA1,5,108 2. For lodging furnished to a minor agricultural employee, $34 per week or
9$4.85 per day and for meals furnished to a minor agricultural employee, $51 per week
10or $2.40 per meal.
AB91-AA1,5,13 11(5) Camp counselors. (a) Minimum rates for adult counselors. The minimum
12wage for a counselor at a seasonal recreational or educational camp, including a day
13camp, who is an adult is as follows:
AB91-AA1,5,1614 1. For wages earned before October 1, 2005, $215 per week if meals and lodging
15are not furnished, $164 per week if only meals are furnished, and $129 per week if
16both meals and lodging are furnished.
AB91-AA1,5,1917 2. For wages earned beginning on October 1, 2005, $270 per week if meals and
18lodging are not furnished, $217 per week if only meals are furnished, and $171 per
19week if both meals and lodging are furnished.
AB91-AA1,5,2220 3. For wages earned beginning on October 1, 2006, $315 per week if meals and
21lodging are not furnished, $240 per week if only meals are furnished, and $189 per
22week if both meals and lodging are furnished.
AB91-AA1,5,2523 (b) Minimum rates for minor counselors. The minimum wage for a counselor
24at a seasonal recreational or educational camp, including a day camp, who is a minor
25is as follows:
AB91-AA1,6,3
11. For wages earned before October 1, 2005, $175 per week if meals and lodging
2are not furnished, $133 per week if only meals are furnished, and $105 per week if
3both meals and lodging are furnished.
AB91-AA1,6,64 2. For wages earned beginning on October 1, 2005, $225 per week if meals and
5lodging are not furnished, $171 per week if only meals are furnished, and $135 per
6week if both meals and lodging are furnished.
AB91-AA1,6,97 3. For wages earned beginning on October 1, 2006, $275 per week if meals and
8lodging are not furnished, $209 per week if only meals are furnished, and $165 per
9week if both meals and lodging are furnished.
AB91-AA1,6,10 10(6) Golf caddies. The minimum wage for a golf caddy is as follows:
AB91-AA1,6,1111 (a) For 18 holes, $10.50.
AB91-AA1,6,1212 (b) For 9 holes, $5.90.
AB91-AA1,6,14 13(7) Minimum wage established by department. The department shall
14promulgate rules providing the minimum wage for all of the following:
AB91-AA1,6,1615 (a) An employee or worker with a disability covered under a license under s.
16104.07.
AB91-AA1,6,1717 (b) A student learner.
AB91-AA1,6,1918 (c) A student employed by an independent college or university for less than
1920 hours per week.
AB91-AA1,6,22 20(8) Employment exempted by department. The department shall promulgate
21rules exempting from the minimum wage requirements under subs. (1) to (7) all of
22the following:
AB91-AA1,6,2423 (a) A person engaged in casual employment in and around an employer's home
24on an irregular or intermittent basis for not more than 15 hours per week.
AB91-AA1,7,4
1(b) A person who resides with and who provides companionship and care, not
2including practical or professional nursing, as defined in s. 441.001 (3) and (4), and
3not more than 15 hours per week of general household work for an employer who, due
4to advanced age or physical or mental disability, cannot care for his or her own needs.
AB91-AA1,7,65 (c) An elementary or secondary school student performing student work-like
6activities in the student's school.
AB91-AA1,7,9 7(9) Department may revise. The department may promulgate rules to increase
8a minimum wage or an allowance for meals and lodging provided under subs. (1) to
9(7).
AB91-AA1, s. 1d 10Section 1d. 104.04 of the statutes is amended to read:
AB91-AA1,7,24 11104.04 Classifications; department's authority. The department shall
12investigate, ascertain, determine, and fix such reasonable classifications, and shall
13impose general or special orders, determining the living-wage living wage, and shall
14carry out the purposes of ss. 104.01 to 104.12. Such this chapter. Those
15investigations, classifications, and orders shall be made as provided under s.
16103.005, and the penalties specified in s. 103.005 (12) shall apply to and be imposed
17for any violation of ss. 104.01 to 104.12 this chapter. In determining the living-wage
18living wage, the department may consider the effect that an increase in the
19living-wage living wage might have on the economy of the state, including the effect
20of a living-wage living wage increase on job creation, retention, and expansion, on
21the availability of entry-level jobs, and on regional economic conditions within the
22state. The department may not establish a different minimum wage for men and
23women. Said Those orders shall be subject to review in the manner provided in ch.
24227.
AB91-AA1, s. 1e
1Section 1e. 104.045 of the statutes is renumbered 104.045 (intro.) and
2amended to read:
AB91-AA1,8,5 3104.045 Tipped employees Tips, meals, lodging, and hours worked.
4(intro.) The department shall by rule determine what amount of promulgate rules
5governing all of the following:
AB91-AA1,8,7 6(1) The counting of tips or similar gratuities may be counted toward fulfillment
7of the employer's obligation under this chapter.
AB91-AA1, s. 1f 8Section 1f. 104.045 (2) and (3) of the statutes are created to read:
AB91-AA1,8,109 104.045 (2) The deduction of meals or lodging provided by an employer to an
10employee from the employer's obligation under this chapter.
AB91-AA1,8,12 11(3) The determination of hours worked by an employee during which the
12employee is entitled to a living wage under this chapter.
AB91-AA1, s. 1g 13Section 1g. 104.05 of the statutes is amended to read:
AB91-AA1,8,19 14104.05 Complaints; investigation. The department shall, within 20 days
15after the filing of a verified complaint of any person setting forth alleging that the
16wages paid to any employee in any occupation are not sufficient to enable the
17employee to maintain himself or herself under conditions consistent with his or her
18welfare, investigate and determine whether there is reasonable cause to believe that
19the wage paid to any the employee is not a living-wage living wage.
AB91-AA1, s. 1h 20Section 1h. 104.06 of the statutes is amended to read:
AB91-AA1,9,4 21104.06 Wage council; determination. If, upon investigation, the
22department finds that there is reasonable cause to believe that the wages paid to any
23employee are not a living-wage, it living wage, the department shall appoint a wage
24council, selected so as fairly to represent employers, employees, and the public, to
25assist in its investigations and determinations. The living-wage department may

1use the results of an investigation under this section to establish a living wage. A
2living wage
so determined upon shall be the living-wage living wage for all
3employees within the same class as established by the classification of the
4department under s. 104.04.
AB91-AA1, s. 1i 5Section 1i. 104.07 (1) of the statutes is amended to read:
AB91-AA1,9,126 104.07 (1) The department shall make promulgate rules and, except as
7provided under subs. (5) and (6), grant licenses, to any employer who employs any
8employee who is unable to earn the living-wage theretofore determined upon,
9permitting such person to
a living wage so that the employee may work for a wage
10which shall be that is commensurate with the employee's ability and each . Each
11license so granted shall establish a wage for the licensee employees of the licensee
12who are unable to earn a living wage
.
AB91-AA1, s. 1j 13Section 1j. 104.07 (2) of the statutes is amended to read:
AB91-AA1,9,2014 104.07 (2) The department shall make promulgate rules and, except as
15provided under subs. (5) and (6), grant licenses to sheltered workshops to permit the
16employment of workers with disabilities who are unable to earn the living-wage at
17a living wage so that those workers may work for a wage that is commensurate with
18their ability abilities and productivity. A license granted to a sheltered workshop
19under this section may be issued for the entire workshop or a department of the
20workshop.
AB91-AA1, s. 1k 21Section 1k. 104.08 (1) of the statutes is renumbered 104.08 (2m) and amended
22to read:
AB91-AA1,9,2423 104.08 (2m) All persons Any person working in an occupation a trade industry
24for which a living-wage living wage has been established for minors, and who shall

1have
has no trade, shall, if employed in an occupation which is a trade industry, be
2indentured under the provisions of s. 106.01.
AB91-AA1, s. 1m 3Section 1m. 104.08 (1m) (b) of the statutes is created to read:
AB91-AA1,10,64 104.08 (1m) (b) "Trade industry" means an industry involving physical labor
5and characterized by mechanical skill and training such as render a period of
6instruction reasonably necessary.
AB91-AA1, s. 1n 7Section 1n. 104.08 (2) of the statutes is renumbered 104.08 (1m) (intro.) and
8amended to read:
AB91-AA1,10,109 104.08 (1m) (intro.) A "trade" or a "trade industry" within the meaning of ss.
10104.01 to 104.12 shall be a trade or
In this section:
AB91-AA1,10,15 11(a) "Trade" means an industry occupation involving physical labor and
12characterized by mechanical skill and training such as render a period of instruction
13reasonably necessary. The department shall investigate, determine and declare
14what occupations and industries are included within the phrase a "trade" or a "trade
15industry".
AB91-AA1, s. 1pc 16Section 1pc. 104.08 (3) of the statutes is renumbered 104.08 (3) (b) and
17amended to read:
AB91-AA1,10,1918 104.08 (3) (b) The department may make exceptions to the operation of subs.
19(1) and (2) (1m) and (2m) where conditions make their application unreasonable.
AB91-AA1, s. 1pm 20Section 1pm. 104.08 (3) (a) of the statutes is created to read:
AB91-AA1,10,2221 104.08 (3) (a) The department shall investigate, determine, and declare what
22occupations and industries are included within a trade or a trade industry.
AB91-AA1, s. 1q 23Section 1q. 104.10 of the statutes is amended to read:
AB91-AA1,11,5 24104.10 Penalty for intimidating witness. Any employer who discharges or
25threatens to discharge, or who in any way discriminates , or threatens to

1discriminate, against any employee because the employee has testified or is about
2to testify, or because the employer believes that the employee may testify, in any
3investigation or proceeding relative to the enforcement of ss. 104.01 to 104.12, is
4guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of
5$25
this chapter may be fined $500 for each offense.
AB91-AA1, s. 1rn 6Section 1rn. 104.11 of the statutes is amended to read:
AB91-AA1,11,10 7104.11 Definition of violation. Each day during which any an employer
8shall employ employs a person for whom a living-wage living wage has been fixed
9established at a wage less than the living-wage fixed established living wage shall
10constitute a separate and distinct violation of ss. 104.01 to 104.12 this chapter.
AB91-AA1, s. 1rp 11Section 1rp. 104.12 of the statutes is amended to read:
AB91-AA1,11,18 12104.12 Complaints. Any person may register with the department a
13complaint that the wages paid to employees for whom a living-wage living wage has
14been established are less than that rate, and the department shall investigate the
15matter and take all proceedings necessary to enforce the payment of a wage not less
16than the living-wage a living wage. Section 111.322 (2m) applies to discharge and
17other discriminatory acts arising in connection with any proceeding under this
18section.
AB91-AA1, s. 1s 19Section 1s. 234.94 (5) of the statutes is amended to read:
AB91-AA1,11,2320 234.94 (5) "Primary employment" means work which that pays at least the
21minimum wage as established under ch. 104 s. 104.035 (1) or under federal law,
22whichever is greater, offers adequate fringe benefits, including health insurance,
23and is not seasonal or part time.
AB91-AA1, s. 1t 24Section 1t. 234.94 (8) of the statutes is amended to read:
AB91-AA1,12,6
1234.94 (8) "Target group" means a population group for which the
2unemployment level is at least 25% higher than the statewide unemployment level,
3or a population group for which the average wage received is less than 1.2 times the
4minimum wage as established under ch. 104 s. 104.035 (1) or under federal law,
5whichever is greater. No population group is required to be located within a
6contiguous geographic area to be considered a target group.
AB91-AA1, s. 1u 7Section 1u. 800.09 (1) (b) of the statutes is amended to read:
AB91-AA1,12,218 800.09 (1) (b) If the defendant agrees to perform community service work in
9lieu of making restitution or paying the forfeiture, assessments, and costs, or both,
10the court may order that the defendant perform community service work for a public
11agency 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 defendant to perform community
16service work. The number of hours of community service work required may not
17exceed the number determined by dividing the amount owed on the forfeiture by the
18minimum wage established under ch. 104 for adults in nonagriculture, nontipped
19employment
s. 104.035 (1). The court shall ensure that the defendant is provided a
20written statement of the terms of the community service order and that the
21community service order is monitored.".
AB91-AA1,12,22 223. Page 2, line 1: delete " Section 1w" and substitute "Section 1".
AB91-AA1,12,23 234. Page 2, line 9: after that line insert:
AB91-AA1,12,24 24" Section 1x. 800.095 (4) (b) 3. of the statutes is amended to read:
AB91-AA1,13,13
1800.095 (4) (b) 3. That the defendant perform community service work for a
2public agency or a nonprofit charitable organization designated by the court, except
3that the court may not order the defendant to perform community service work
4unless the defendant agrees to perform community service work and, if the
5community service work is in lieu of restitution, unless the person to whom the
6restitution is owed agrees. The court may utilize any available resources, including
7any community service work program, in ordering the defendant to perform
8community service work. The number of hours of community service work required
9may not exceed the number determined by dividing the amount owed on the
10forfeiture, or restitution, or both, by the minimum wage established under ch. 104
11for adults in nonagriculture, nontipped employment
s. 104.035 (1). The court shall
12ensure that the defendant is provided a written statement of the terms of the
13community service order and that the community service order is monitored.
AB91-AA1, s. 1xx 14Section 1xx. 895.035 (2m) (c) of the statutes is amended to read:
AB91-AA1,14,615 895.035 (2m) (c) The court assigned to exercise jurisdiction under chs. 48 and
16938 may order that the juvenile perform community service work for a public agency
17or nonprofit charitable organization that is designated by the court in lieu of making
18restitution or paying the forfeiture or surcharge. If the parent agrees to perform
19community service work in lieu of making restitution or paying the forfeiture or
20surcharge, the court may order that the parent perform community service work for
21a public agency or a nonprofit charitable organization that is designated by the court.
22Community service work may be in lieu of restitution only if also agreed to by the
23public agency or nonprofit charitable organization and by the person to whom
24restitution is owed. The court may utilize any available resources, including any
25community service work program, in ordering the juvenile or parent to perform

1community service work. The number of hours of community service work required
2may not exceed the number determined by dividing the amount owed on the
3restitution, forfeiture, or surcharge by the minimum wage established under ch. 104
4for adults in nonagriculture, nontipped employment
s. 104.035 (1). The court shall
5ensure that the juvenile or parent is provided with a written statement of the terms
6of the community service order and that the community service order is monitored.".
AB91-AA1,14,8 75. Page 2, line 11: substitute "The treatment of section 800.095 (4) (b) 1. of the
8statutes" for "This act".
AB91-AA1,14,9 96. Page 2, line 12: after that line insert:
AB91-AA1,14,11 10" Section 3m. Effective dates. This act takes effect on the day after
11publication, except as follows:
AB91-AA1,14,18 12(1) Minimum wage. The treatment of sections 49.141 (1) (g), 104.01 (intro.), (1),
13(1d), (5), (5g), (5m), (7m), and (8), 104.02, 104.03, 104.035, 104.04, 104.05, 104.06,
14104.07 (1) and (2), 104.08 (1), (1m) (b), and (2), 104.10, 104.11, 104.12, 234.94 (5) and
15(8), 800.09 (1) (b), 800.095 (4) (b) 3., and 895.035 (2m) (c) of the statutes, the
16renumbering and amendment of sections 104.045 and 104.08 (3) of the statutes, and
17the creation of sections 104.045 (2) and (3) and 104.08 (3) (a) of the statutes take effect
18on the first day of the 3rd month beginning after publication.".
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