Amendment ASA1-AB41

AB41-ASA1,12,5 (b) Paragraph (a) does not apply if the consumer price index for the 12-month period ending on May 31 of the current year has not increased over the consumer price index for the 12-month period ending on May 31 of the preceding year.

AB41-ASA1,12,7 (c) Paragraph (a) does not preclude the department from promulgating rules to increase a minimum wage provided under subs. (1) to (7).

AB41-ASA1, s. 12 Section 12. 104.045 of the statutes is renumbered 104.045 (intro.) and amended to read:

AB41-ASA1,12,12 104.045 Tipped employees Tips, meals, lodging, and hours worked. (intro.) The department shall by rule determine what amount of promulgate rules governing all of the following:

AB41-ASA1,12,14 (1) The counting of tips or similar gratuities may be counted toward fulfillment of the employer's obligation under this chapter.

AB41-ASA1, s. 13 Section 13. 104.045 (2) and (3) of the statutes are created to read:

AB41-ASA1,12,17 104.045 (2) The deduction of meals or lodging provided by an employer to an employee from the employer's obligation under this chapter.

AB41-ASA1,12,19 (3) The determination of hours worked by an employee during which the employee is entitled to a living wage under this chapter.

AB41-ASA1, s. 14 Section 14. 104.05 of the statutes is amended to read:

AB41-ASA1,13,2 104.05 Complaints; investigation. The department shall, within Within 20 days after the filing of a verified complaint of any person setting forth alleging that the wages paid to any employee in any occupation are not sufficient to enable the employee to maintain himself or herself under conditions consistent with his or her welfare, the department shall investigate and determine whether there is reasonable cause to believe that the wage paid to any employee is not a living wage.

AB41-ASA1, s. 15 Section 15. 104.07 (1) of the statutes is amended to read:

AB41-ASA1,13,9 104.07 (1) The department shall make promulgate rules, and, except as provided under subs. (5) and (6), grant licenses to any employer who employs any employee who is unable to earn the living wage determined by the department, permitting the employee to work for a wage that is commensurate with the employee's ability. Each license so granted shall establish a wage for the licensee employees of the licensee who are unable to earn a living wage.

AB41-ASA1, s. 16 Section 16. 104.07 (2) of the statutes is amended to read:

AB41-ASA1,13,16 104.07 (2) The department shall make promulgate rules, and, except as provided under subs. (5) and (6), grant licenses to sheltered workshops, to permit the employment of workers with disabilities who are unable to earn the living wage at a wage that is commensurate with their ability and productivity. A license granted to a sheltered workshop under this subsection may be issued for the entire workshop or a department of the workshop.

AB41-ASA1, s. 17 Section 17. 104.10 of the statutes is amended to read:

AB41-ASA1,13,24 104.10 Penalty for intimidating witness. Any employer who discharges or threatens to discharge, or who in any way discriminates , or threatens to discriminate against, any employee because the employee has testified or is about to testify, or because the employer believes that the employee may testify, in any investigation or proceeding relative to the enforcement of this chapter, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of may be fined $25 for each offense.

AB41-ASA1, s. 18 Section 18. 104.11 of the statutes is amended to read:

AB41-ASA1,14,4 104.11 Definition of violation. Each day during which any employer shall employ employs a person for whom a living wage has been fixed at a wage that is less than the living wage fixed shall constitute a separate and distinct violation of this chapter.

AB41-ASA1, s. 19 Section 19. 234.94 (5) of the statutes is amended to read:

AB41-ASA1,14,9 234.94 (5) "Primary employment" means work which that pays at least the minimum wage as established under ch. 104 s. 104.035 (1) or under federal law, whichever is greater, offers adequate fringe benefits, including health insurance, and is not seasonal or part time.

AB41-ASA1, s. 20 Section 20. 234.94 (8) of the statutes is amended to read:

AB41-ASA1,14,16 234.94 (8) "Target group" means a population group for which the unemployment level is at least 25% higher than the statewide unemployment level, or a population group for which the average wage received is less than 1.2 times the minimum wage as established under ch. 104 s. 104.035 (1) or under federal law, whichever is greater. No population group is required to be located within a contiguous geographic area to be considered a target group.

AB41-ASA1, s. 21 Section 21. 800.09 (1) (b) of the statutes is amended to read:

AB41-ASA1,15,6 800.09 (1) (b) If the defendant agrees to perform community service work in lieu of making restitution or paying the forfeiture, assessments, and costs, or both, the court may order that the defendant perform community service work for a public agency or a nonprofit charitable organization that is designated by the court. Community service work may be in lieu of restitution only if also agreed to by the public agency or nonprofit charitable organization and by the person to whom restitution is owed. The court may utilize any available resources, including any community service work program, in ordering the defendant to perform community service work. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the forfeiture by the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment s. 104.035 (1). The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.

AB41-ASA1, s. 22 Section 22. 800.095 (4) (b) 3. of the statutes is amended to read:

AB41-ASA1,15,20 800.095 (4) (b) 3. That the defendant perform community service work for a public agency or a nonprofit charitable organization designated by the court, except that the court may not order the defendant to perform community service work unless the defendant agrees to perform community service work and, if the community service work is in lieu of restitution, unless the person to whom the restitution is owed agrees. The court may utilize any available resources, including any community service work program, in ordering the defendant to perform community service work. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the forfeiture, or restitution, or both, by the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment s. 104.035 (1). The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.

AB41-ASA1, s. 23 Section 23. 895.035 (2m) (c) of the statutes is amended to read:

AB41-ASA1,16,13 895.035 (2m) (c) The court assigned to exercise jurisdiction under chs. 48 and 938 may order that the juvenile perform community service work for a public agency or nonprofit charitable organization that is designated by the court in lieu of making restitution or paying the forfeiture or surcharge. If the parent agrees to perform community service work in lieu of making restitution or paying the forfeiture or surcharge, the court may order that the parent perform community service work for a public agency or a nonprofit charitable organization that is designated by the court. Community service work may be in lieu of restitution only if also agreed to by the public agency or nonprofit charitable organization and by the person to whom restitution is owed. The court may utilize any available resources, including any community service work program, in ordering the juvenile or parent to perform community service work. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the restitution, forfeiture, or surcharge by the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment s. 104.035 (1). The court shall ensure that the juvenile or parent is provided with a written statement of the terms of the community service order and that the community service order is monitored.

AB41-ASA1, s. 24 Section 24. Effective date.

AB41-ASA1,16,16 (1) Minimum wage. This act takes effect on September 5, 2011, or on the day after publication, whichever is later.

AB41-ASA1,16,17 (End)