Amendment ASA1-AB41

AB41-ASA1, s. 4 Section 4. 104.01 (1) of the statutes is renumbered 104.01 (1m).

AB41-ASA1, s. 5 Section 5. 104.01 (1d) of the statutes is created to read:

AB41-ASA1,6,9 104.01 (1d) "Agricultural employee" means an employee who is employed in farming, as defined in s. 102.04 (3).

AB41-ASA1, s. 6 Section 6. 104.01 (1g) of the statutes is created to read:

AB41-ASA1,6,13 104.01 (1g) "Consumer price index" means the average of the consumer price index over each 12-month period for all urban consumers, U.S. city average, as determined by the bureau of labor statistics of the U.S. department of labor.

AB41-ASA1, s. 7 Section 7. 104.01 (5g) of the statutes is created to read:

AB41-ASA1,6,16 104.01 (5g) "Minor employee" means a minor who is paid at the applicable minimum wage rate for minors.

AB41-ASA1, s. 8 Section 8. 104.01 (5m) of the statutes is created to read:

AB41-ASA1,6,19 104.01 (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.

AB41-ASA1, s. 9 Section 9. 104.01 (7m) of the statutes is created to read:

AB41-ASA1,6,23 104.01 (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.

AB41-ASA1, s. 10 Section 10. 104.01 (8) of the statutes is amended to read:

AB41-ASA1,7,2 104.01 (8) The term "wage" and the term "wages" shall each mean "Wage" means any compensation for labor measured by time, piece, or otherwise.

AB41-ASA1, s. 11 Section 11. 104.035 of the statutes is created to read:

AB41-ASA1,7,5 104.035 Minimum wage. (1) Employees generally. (a) Minimum rates. Except as provided in subs. (2) to (8), the minimum wage is as follows:

AB41-ASA1,7,6 1. For wages earned before September 5, 2012, $7.60 per hour.

AB41-ASA1,7,8 2. For wages earned beginning on September 5, 2012, the amount determined by the department by rule promulgated under sub. (9).

AB41-ASA1,7,12 (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:

AB41-ASA1,7,15 1. For lodging furnished before September 5, 2012, $61 per week or $8.65 per day and for meals furnished before September 5, 2012, $91 per week or $4.35 per meal.

AB41-ASA1,7,17 2. For meals and lodging furnished beginning on September 5, 2012, the amounts determined by the department by rule promulgated under sub. (9).

AB41-ASA1,7,19 (2) Minor employees. (a) Minimum rates. Except as provided in subs. (2m) to (8), the minimum wage for a minor employee is as follows:

AB41-ASA1,7,20 1. For wages earned before September 5, 2012, $7.25 per hour.

AB41-ASA1,7,22 2. For wages earned beginning on September 5, 2012, the amount determined by the department by rule promulgated under sub. (9).

AB41-ASA1,8,2 (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:

AB41-ASA1,8,5 1. For lodging furnished before September 5, 2012, $58 per week or $8.30 per day and for meals furnished before September 5, 2012, $87 per week or $4.15 per meal.

AB41-ASA1,8,7 2. For meals and lodging furnished beginning on September 5, 2012, the amounts determined by the department by rule promulgated under sub. (9).

AB41-ASA1,8,9 (2m) Opportunity employees. (a) Minimum rates. Except as provided in subs. (3) to (8), the minimum wage for an opportunity employee is as follows:

AB41-ASA1,8,10 1. For wages earned before September 5, 2012, $6.90 per hour.

AB41-ASA1,8,12 2. For wages earned beginning on September 5, 2012, the amount determined by the department by rule promulgated under sub. (9).

AB41-ASA1,8,16 (b) Allowances for meals and lodging. Except as provided in sub. (4) (b), if an employer furnishes 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:

AB41-ASA1,8,19 1. For lodging furnished before September 5, 2012, $55.20 per week or $7.90 per day and for meals furnished before September 5, 2012, $82.85 per week or $3.90 per meal.

AB41-ASA1,8,21 2. For meals and lodging furnished beginning on September 5, 2012, the amounts determined by the department by rule promulgated under sub. (9).

AB41-ASA1,9,2 (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:

AB41-ASA1,9,4 1. For wages earned before September 5, 2012, by a tipped employee who is not an opportunity employee, $2.75 per hour.

AB41-ASA1,9,6 2. For wages earned before September 5, 2012, by a tipped employee who is an opportunity employee, $2.50 per hour.

AB41-ASA1,9,8 3. For wages earned beginning on September 5, 2012, the amounts determined by the department by rule promulgated under sub. (9).

AB41-ASA1,9,12 (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 sub. (1) (b) or (2) (b) from the wages of the tipped employee.

AB41-ASA1,9,14 (4) Agricultural employees. (a) Minimum rates. Except as provided in subs. (7) and (8), the minimum wage for an agricultural employee is as follows:

AB41-ASA1,9,15 1. For wages earned before September 5, 2012, $7.25 per hour.

AB41-ASA1,9,17 2. For wages earned beginning on September 5, 2012, the amounts determined by the department by rule promulgated under sub. (9).

AB41-ASA1,9,21 (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:

AB41-ASA1,9,24 1. For lodging furnished before September 5, 2012, $58 per week or $8.30 per day and for meals furnished before September 5, 2012, $87 per week or $4.15 per meal.

AB41-ASA1,9,25 2. For meals and lodging furnished beginning on September 5, 2012, the amounts determined by the department by rule promulgated under sub. (9).

AB41-ASA1,10,4 (5) Camp counselors. The minimum wage for a counselor at a seasonal recreational or educational camp, including a day camp, is as follows:

AB41-ASA1,10,7 (a) For wages earned before September 5, 2012, $350 per week if meals and lodging are not furnished, $265 per week if only meals are furnished, and $210 per week if both meals and lodging are furnished.

AB41-ASA1,10,9 (b) For wages earned beginning on September 5, 2012, the amounts determined by the department by rule promulgated under sub. (9).

AB41-ASA1,10,10 (6) Golf caddies. The minimum wage for a golf caddy is as follows:

AB41-ASA1,10,11 (a) For wages earned before September 5, 2012, $12.30 for caddying 18 holes.

AB41-ASA1,10,12 (b) For wages earned before September 5, 2012, $6.90 for caddying 9 holes.

AB41-ASA1,10,14 (c) For wages earned beginning on September 5, 2012, the amounts determined by the department by rule promulgated under sub. (9).

AB41-ASA1,10,16 (7) Minimum wage established by department. The department shall promulgate rules providing the minimum wage for all of the following:

AB41-ASA1,10,18 (a) An employee or worker with a disability covered under a license under s. 104.07.

AB41-ASA1,10,19 (b) A student learner.

AB41-ASA1,10,21 (c) A student employed by an independent college or university for less than 20 hours per week.

AB41-ASA1,10,24 (8) Employment exempted by department. The department shall promulgate rules exempting from the minimum wage requirements under subs. (1) to (7) all of the following:

AB41-ASA1,11,2 (a) A person engaged in casual employment in and around an employer's home on an irregular or intermittent basis for not more than 15 hours per week.

AB41-ASA1,11,6 (b) A person who resides in the home of an employer who, due to advanced age or physical or mental disability, cannot care for his or her own needs, for the purpose of companionship and who spends not more than 15 hours per week on general household work for the employer.

AB41-ASA1,11,8 (c) An elementary or secondary school student performing student work-like activities in the student's school.

AB41-ASA1,12,2 (9) Department to revise. (a) Subject to pars. (b) and (c), by September 5 of each year, the department, using the procedures under s. 227.24, shall promulgate rules to revise the minimum wages and allowances for meals and lodging established under subs. (1) to (7). The department shall determine those revised minimum wages and allowances by calculating the percentage difference between the consumer price index for the 12-month period ending on May 31 of the preceding year and the consumer price index for the 12-month period ending on May 31 of the current year, adjusting the minimum wages and allowances in effect on September 4 of the current year by that percentage difference, and rounding that result to the nearest multiple of 5 cents, except that for a minimum wage under sub. (5), the department shall round the result to the nearest dollar. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department may promulgate an emergency rule under s. 227.24 revising the minimum wages and allowances established under subs. (1) to (7) without providing evidence that the emergency rule is necessary to preserve the public peace, health, safety, or welfare and without a finding of emergency. A revised minimum wage or allowance determined under this paragraph shall first apply to wages earned or meals or lodging furnished on September 5 of the year in which the wage or allowance is revised.

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.