AB41-ASA1,10,75 (a) For wages earned before September 5, 2012, $350 per week if meals and
6lodging are not furnished, $265 per week if only meals are furnished, and $210 per
7week if both meals and lodging are furnished.
AB41-ASA1,10,98 (b) For wages earned beginning on September 5, 2012, the amounts determined
9by the department by rule promulgated under sub. (9).
AB41-ASA1,10,10 10(6) Golf caddies. The minimum wage for a golf caddy is as follows:
AB41-ASA1,10,1111 (a) For wages earned before September 5, 2012, $12.30 for caddying 18 holes.
AB41-ASA1,10,1212 (b) For wages earned before September 5, 2012, $6.90 for caddying 9 holes.
AB41-ASA1,10,1413 (c) For wages earned beginning on September 5, 2012, the amounts determined
14by the department by rule promulgated under sub. (9).
AB41-ASA1,10,16 15(7) Minimum wage established by department. The department shall
16promulgate rules providing the minimum wage for all of the following:
AB41-ASA1,10,1817 (a) An employee or worker with a disability covered under a license under s.
18104.07.
AB41-ASA1,10,1919 (b) A student learner.
AB41-ASA1,10,2120 (c) A student employed by an independent college or university for less than
2120 hours per week.
AB41-ASA1,10,24 22(8) Employment exempted by department. The department shall promulgate
23rules exempting from the minimum wage requirements under subs. (1) to (7) all of
24the following:
AB41-ASA1,11,2
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.
AB41-ASA1,11,63 (b) A person who resides in the home of an employer who, due to advanced age
4or physical or mental disability, cannot care for his or her own needs, for the purpose
5of companionship and who spends not more than 15 hours per week on general
6household work for the employer.
AB41-ASA1,11,87 (c) An elementary or secondary school student performing student work-like
8activities in the student's school.
AB41-ASA1,12,2 9(9) Department to revise. (a) Subject to pars. (b) and (c), by September 5 of
10each year, the department, using the procedures under s. 227.24, shall promulgate
11rules to revise the minimum wages and allowances for meals and lodging established
12under subs. (1) to (7). The department shall determine those revised minimum
13wages and allowances by calculating the percentage difference between the
14consumer price index for the 12-month period ending on May 31 of the preceding
15year and the consumer price index for the 12-month period ending on May 31 of the
16current year, adjusting the minimum wages and allowances in effect on September
174 of the current year by that percentage difference, and rounding that result to the
18nearest multiple of 5 cents, except that for a minimum wage under sub. (5), the
19department shall round the result to the nearest dollar. Notwithstanding s. 227.24
20(1) (a), (2) (b), and (3), the department may promulgate an emergency rule under s.
21227.24 revising the minimum wages and allowances established under subs. (1) to
22(7) without providing evidence that the emergency rule is necessary to preserve the
23public peace, health, safety, or welfare and without a finding of emergency. A revised
24minimum wage or allowance determined under this paragraph shall first apply to

1wages earned or meals or lodging furnished on September 5 of the year in which the
2wage or allowance is revised.
AB41-ASA1,12,53 (b) Paragraph (a) does not apply if the consumer price index for the 12-month
4period ending on May 31 of the current year has not increased over the consumer
5price index for the 12-month period ending on May 31 of the preceding year.
AB41-ASA1,12,76 (c) Paragraph (a) does not preclude the department from promulgating rules
7to increase a minimum wage provided under subs. (1) to (7).
AB41-ASA1, s. 12 8Section 12. 104.045 of the statutes is renumbered 104.045 (intro.) and
9amended to read:
AB41-ASA1,12,12 10104.045 Tipped employees Tips, meals, lodging, and hours worked.
11(intro.) The department shall by rule determine what amount of promulgate rules
12governing all of the following:
AB41-ASA1,12,14 13(1) The counting of tips or similar gratuities may be counted toward fulfillment
14of the employer's obligation under this chapter.
AB41-ASA1, s. 13 15Section 13. 104.045 (2) and (3) of the statutes are created to read:
AB41-ASA1,12,1716 104.045 (2) The deduction of meals or lodging provided by an employer to an
17employee from the employer's obligation under this chapter.
AB41-ASA1,12,19 18(3) The determination of hours worked by an employee during which the
19employee is entitled to a living wage under this chapter.
AB41-ASA1, s. 14 20Section 14. 104.05 of the statutes is amended to read:
AB41-ASA1,13,2 21104.05 Complaints; investigation. The department shall, within Within 20
22days after the filing of a verified complaint of any person setting forth alleging that
23the wages paid to any employee in any occupation are not sufficient to enable the
24employee to maintain himself or herself under conditions consistent with his or her

1welfare, the department shall investigate and determine whether there is
2reasonable cause to believe that the wage paid to any employee is not a living wage.
AB41-ASA1, s. 15 3Section 15. 104.07 (1) of the statutes is amended to read:
AB41-ASA1,13,94 104.07 (1) The department shall make promulgate rules, and, except as
5provided under subs. (5) and (6), grant licenses to any employer who employs any
6employee who is unable to earn the living wage determined by the department,
7permitting the employee to work for a wage that is commensurate with the
8employee's ability. Each license so granted shall establish a wage for the licensee
9employees of the licensee who are unable to earn a living wage.
AB41-ASA1, s. 16 10Section 16. 104.07 (2) of the statutes is amended to read:
AB41-ASA1,13,1611 104.07 (2) The department shall make promulgate rules, and, except as
12provided under subs. (5) and (6), grant licenses to sheltered workshops, to permit the
13employment of workers with disabilities who are unable to earn the living wage at
14a wage that is commensurate with their ability and productivity. A license granted
15to a sheltered workshop under this subsection may be issued for the entire workshop
16or a department of the workshop.
AB41-ASA1, s. 17 17Section 17. 104.10 of the statutes is amended to read:
AB41-ASA1,13,24 18104.10 Penalty for intimidating witness. Any employer who discharges or
19threatens to discharge, or who in any way discriminates , or threatens to discriminate
20against, any employee because the employee has testified or is about to testify, or
21because the employer believes that the employee may testify, in any investigation or
22proceeding relative to the enforcement of this chapter, is guilty of a misdemeanor,
23and upon conviction thereof shall be punished by a fine of
may be fined $25 for each
24offense.
AB41-ASA1, s. 18 25Section 18. 104.11 of the statutes is amended to read:
AB41-ASA1,14,4
1104.11 Definition of violation. Each day during which any employer shall
2employ
employs a person for whom a living wage has been fixed at a wage that is less
3than the living wage fixed shall constitute a separate and distinct violation of this
4chapter.
AB41-ASA1, s. 19 5Section 19. 234.94 (5) of the statutes is amended to read:
AB41-ASA1,14,96 234.94 (5) "Primary employment" means work which that pays at least the
7minimum wage as established under ch. 104 s. 104.035 (1) or under federal law,
8whichever is greater, offers adequate fringe benefits, including health insurance,
9and is not seasonal or part time.
AB41-ASA1, s. 20 10Section 20. 234.94 (8) of the statutes is amended to read:
AB41-ASA1,14,1611 234.94 (8) "Target group" means a population group for which the
12unemployment level is at least 25% higher than the statewide unemployment level,
13or a population group for which the average wage received is less than 1.2 times the
14minimum wage as established under ch. 104 s. 104.035 (1) or under federal law,
15whichever is greater. No population group is required to be located within a
16contiguous geographic area to be considered a target group.
AB41-ASA1, s. 21 17Section 21. 800.09 (1) (b) of the statutes is amended to read:
AB41-ASA1,15,618 800.09 (1) (b) If the defendant agrees to perform community service work in
19lieu of making restitution or paying the forfeiture, assessments, and costs, or both,
20the court may order that the defendant perform community service work for a public
21agency 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 defendant to perform community

1service work. The number of hours of community service work required may not
2exceed the number determined by dividing the amount owed on the forfeiture by the
3minimum wage established under ch. 104 for adults in nonagriculture, nontipped
4employment
s. 104.035 (1). The court shall ensure that the defendant is provided a
5written statement of the terms of the community service order and that the
6community service order is monitored.
AB41-ASA1, s. 22 7Section 22. 800.095 (4) (b) 3. of the statutes is amended to read:
AB41-ASA1,15,208 800.095 (4) (b) 3. That the defendant perform community service work for a
9public agency or a nonprofit charitable organization designated by the court, except
10that the court may not order the defendant to perform community service work
11unless the defendant agrees to perform community service work and, if the
12community service work is in lieu of restitution, unless the person to whom the
13restitution is owed agrees. The court may utilize any available resources, including
14any community service work program, in ordering the defendant to perform
15community service work. The number of hours of community service work required
16may not exceed the number determined by dividing the amount owed on the
17forfeiture, or restitution, or both, by the minimum wage established under ch. 104
18for adults in nonagriculture, nontipped employment
s. 104.035 (1). The court shall
19ensure that the defendant is provided a written statement of the terms of the
20community service order and that the community service order is monitored.
AB41-ASA1, s. 23 21Section 23. 895.035 (2m) (c) of the statutes is amended to read:
AB41-ASA1,16,1322 895.035 (2m) (c) The court assigned to exercise jurisdiction under chs. 48 and
23938 may order that the juvenile perform community service work for a public agency
24or nonprofit charitable organization that is designated by the court in lieu of making
25restitution or paying the forfeiture or surcharge. If the parent agrees to perform

1community service work in lieu of making restitution or paying the forfeiture or
2surcharge, the court may order that the parent perform community service work for
3a public agency or a nonprofit charitable organization that is designated by the court.
4Community service work may be in lieu of restitution only if also agreed to by the
5public agency or nonprofit charitable organization and by the person to whom
6restitution is owed. The court may utilize any available resources, including any
7community service work program, in ordering the juvenile or parent 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
10restitution, forfeiture, or surcharge by the minimum wage established under ch. 104
11for adults in nonagriculture, nontipped employment
s. 104.035 (1). The court shall
12ensure that the juvenile or parent is provided with a written statement of the terms
13of the community service order and that the community service order is monitored.
AB41-ASA1, s. 24 14Section 24. Effective date.
AB41-ASA1,16,1615 (1) Minimum wage. This act takes effect on September 5, 2011, or on the day
16after publication, whichever is later.
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