AB75-SSA1-CA1,144,109
103.49
(2m) (a) 1. All laborers, workers, mechanics
, and truck drivers
10employed on the site of a project
of public works that is subject to this section.
AB75-SSA1-CA1,144,1712
103.49
(2m) (a) 2. All laborers, workers, mechanics
, and truck drivers
13employed in the manufacturing or furnishing of materials, articles, supplies
, or
14equipment on the site of a project
of public works that is subject to this section or from
15a facility dedicated exclusively, or nearly so, to a project
of public works that is subject
16to this section by a contractor, subcontractor, agent
, or other person performing any
17work on the site of the project.
AB75-SSA1-CA1,145,219
103.49
(2m) (b) 1. The laborer, worker, mechanic
, or truck driver is employed
20to go to the source of mineral aggregate such as sand, gravel
, or stone that is to be
21immediately incorporated into the work, and not stockpiled or further transported
22by truck, pick up that mineral aggregate
, and deliver that mineral aggregate to the
23site of a project
of public works that is subject to this section by depositing the
1material substantially in place, directly or through spreaders from the transporting
2vehicle.
AB75-SSA1-CA1,145,74
103.49
(2m) (b) 2. The laborer, worker, mechanic
, or truck driver is employed
5to go to the site of a project that is subject to this section, pick up excavated material
6or spoil from the site of the project
of public works and transport that excavated
7material or spoil away from the site of the project.".
AB75-SSA1-CA1,145,1812
103.49
(3) (am) The department shall, by January 1 of each year, compile the
13prevailing wage rates for each trade or occupation in each area. The compilation
14shall, in addition to the current prevailing wage rates, include future prevailing
15wage rates when those prevailing wage rates can be determined for any trade or
16occupation in any area and shall specify the effective date of those future prevailing
17wage rates. If a
construction project
of public works extends into more than one area
18there shall be but one standard of prevailing wage rates for the entire project.".
AB75-SSA1-CA1,146,1021
103.49
(3) (c) In addition to the recalculation under par. (b), the state agency
22that requested the determination under this subsection may request a review of any
23portion of a determination within 30 days after the date of issuance of the
24determination if the state agency submits evidence with the request showing that
1the prevailing wage rate for any given trade or occupation included in the
2determination does not represent the prevailing wage rate for that trade or
3occupation in the city, village
, or town in which the proposed project
of public works 4is located. That evidence shall include wage rate information for the contested trade
5or occupation on at least 3 similar projects located in the city, village
, or town where
6the proposed project
of public works is located on which some work has been
7performed during the current survey period and which were considered by the
8department in issuing its most recent compilation under par. (am). The department
9shall affirm or modify the determination within 15 days after the date on which the
10department receives the request for review.".
AB75-SSA1-CA1,146,1413
103.49
(3g) (c) Minor service or maintenance work, warranty work, or work
14under a supply and installation contract.
AB75-SSA1-CA1,146,2116
103.49
(4r) (b) Upon completion of a project
of public works and before
17receiving final payment for his or her work on the project, each agent or
18subcontractor shall furnish the contractor with an affidavit stating that the agent
19or subcontractor has complied fully with the requirements of this section. A
20contractor may not authorize final payment until the affidavit is filed in proper form
21and order.
AB75-SSA1-CA1,147,1223
103.49
(4r) (c) Upon completion of a project
of public works and before receiving
24final payment for his or her work on the project, each contractor shall file with the
1state agency authorizing the work an affidavit stating that the contractor has
2complied fully with the requirements of this section and that the contractor has
3received an affidavit under par. (b) from each of the contractor's agents and
4subcontractors. A state agency may not authorize a final payment until the affidavit
5is filed in proper form and order. If a state agency authorizes a final payment before
6an affidavit is filed in proper form and order or if the department determines, based
7on the greater weight of the credible evidence, that any person performing the work
8specified in sub. (2m) has been or may have been paid less than the prevailing wage
9rate or less than 1.5 times the hourly basic rate of pay for all hours worked in excess
10of the prevailing hours of labor and requests that the state agency withhold all or part
11of the final payment, but the state agency fails to do so, the state agency is liable for
12all back wages payable up to the amount of the final payment.
AB75-SSA1-CA1,147,1914
103.49
(5) (a) Each contractor, subcontractor
, or contractor's or subcontractor's
15agent performing work on a project
of public works that is subject to this section shall
16keep full and accurate records clearly indicating the name and trade or occupation
17of every person performing the work described in sub. (2m) and an accurate record
18of the number of hours worked by each of those persons and the actual wages paid
19for the hours worked.".
AB75-SSA1-CA1,148,2
20628. Page 1169, line 25: delete the material beginning with that line and
21ending with page 1170, line 1, and substitute "apply to a contractor, subcontractor,
22or agent if all persons employed by the contractor, subcontractor, or agent who are
23performing the work described in sub. (2m) are covered under a collective bargaining
1agreement and the wage rates for those persons under the collective bargaining
2agreement are not less than the prevailing wage rate. In that case, the contractor,".
AB75-SSA1-CA1,148,5
3629. Page 1170, line 3: delete "the collective bargaining agreement" and
4substitute "all collective bargaining agreements that are pertinent to the project of
5public works".
AB75-SSA1-CA1,148,188
103.49
(5) (b) It shall be the duty of the department to enforce this section. To
9this end it may demand and examine, and every contractor, subcontractor, and
10contractor's and subcontractor's agent shall keep, and furnish upon request by the
11department, copies of payrolls and other records and information relating to the
12wages paid to persons performing the work described in sub. (2m) for work to which
13this section applies. The department may inspect records in the manner provided
14in this chapter. Every contractor, subcontractor, or agent performing work on a
15project
of public works that is subject to this section is subject to the requirements
16of this chapter relating to the examination of records. Section 111.322 (2m) applies
17to discharge and other discriminatory acts arising in connection with any proceeding
18under this section.".
AB75-SSA1-CA1,148,22
21"
Section 2192e. 103.49 (6m) (a) of the statutes is renumbered 103.49 (6m)
22(am).
AB75-SSA1-CA1,149,7
1103.49
(6m) (ag) 1. Any contractor, subcontractor, or contractor's or
2subcontractor's agent who fails to pay the prevailing wage rate determined by the
3department under sub. (3) or who pays less than 1.5 times the hourly basic rate of
4pay for all hours worked in excess of the prevailing hours of labor is liable to any
5affected employee in the amount of his or her unpaid wages or his or her unpaid
6overtime compensation and in an additional amount as liquidated damages as
7provided in subd. 2., 3., or 4., whichever is applicable.
AB75-SSA1-CA1,149,168
2. If the department determines upon inspection under sub. (5) (b) or (c) that
9a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay
10the prevailing wage rate determined by the department under sub. (3) or has paid
11less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
12prevailing hours of labor, the department shall order the contractor to pay to any
13affected employee the amount of his or her unpaid wages or his or her unpaid
14overtime compensation and an additional amount equal to 100 percent of the amount
15of those unpaid wages or that unpaid overtime compensation as liquidated damages
16within a period specified by the department in the order.
AB75-SSA1-CA1,150,417
3. In addition to or in lieu of recovering the liability specified in subd. 1. as
18provided in subd. 2., any employee for and in behalf of that employee and other
19employees similarly situated may commence an action to recover that liability in any
20court of competent jurisdiction. In an action that is commenced before the end of any
21period specified by the department under subd. 2., if the court finds that a contractor,
22subcontractor, or contractor's or subcontractor's agent has failed to pay the
23prevailing wage rate determined by the department under sub. (3) or has paid less
24than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
25prevailing hours of labor, the court shall order the contractor, subcontractor, or agent
1to pay to any affected employee the amount of his or her unpaid wages or his or her
2unpaid overtime compensation and an additional amount equal to 100 percent of the
3amount of those unpaid wages or that unpaid overtime compensation as liquidated
4damages.
AB75-SSA1-CA1,150,135
4. In an action that is commenced after the end of any period specified by the
6department under subd. 2., if the court finds that a contractor, subcontractor, or
7contractor's or subcontractor's agent has failed to pay the prevailing wage rate
8determined by the department under sub. (3) or has paid less than 1.5 times the
9hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor,
10the court shall order the contractor, subcontractor, or agent to pay to any affected
11employee the amount of his or her unpaid wages or his or her unpaid overtime
12compensation and an additional amount equal to 200 percent of the amount of those
13unpaid wages or that unpaid overtime compensation as liquidated damages.
AB75-SSA1-CA1,150,1814
5. No employee may be a party plaintiff to an action under subd. 3. or 4. unless
15the employee consents in writing to become a party and the consent is filed in the
16court in which the action is brought. Notwithstanding s. 814.04 (1), the court shall,
17in addition to any judgment awarded to the plaintiff, allow reasonable attorney fees
18and costs to be paid by the defendant.".
AB75-SSA1-CA1,151,421
103.49
(6m) (b) Whoever induces any person who seeks to be or is employed on
22any project
of public works that is subject to this section to give up, waive
, or return
23any part of the wages to which the person is entitled under the contract governing
24the project, or who reduces the hourly basic rate of pay normally paid to a person for
1work on a project that is not subject to this section during a week in which the person
2works both on a project
of public works that is subject to this section and on a project
3that is not subject to this section, by threat not to employ, by threat of dismissal from
4employment
, or by any other means is guilty of an offense under s. 946.15 (1).
AB75-SSA1-CA1,151,156
103.49
(6m) (c) Any person employed on a project
of public works that is subject
7to this section who knowingly permits a contractor, subcontractor
, or contractor's or
8subcontractor's agent to pay him or her less than the prevailing wage rate set forth
9in the contract governing the project, who gives up, waives
, or returns any part of the
10compensation to which he or she is entitled under the contract, or who gives up,
11waives
, or returns any part of the compensation to which he or she is normally
12entitled for work on a project that is not subject to this section during a week in which
13the person works both on a project
of public works that is subject to this section and
14on a project that is not subject to this section, is guilty of an offense under s. 946.15
15(2).".
AB75-SSA1-CA1,151,2220
103.49
(6m) (f) Paragraph
(a) (am) does not apply to any person who fails to
21provide any information to the department to assist the department in determining
22prevailing wage rates under sub. (3) (a) or (am).".
AB75-SSA1-CA1,152,9
1103.49
(7) (d) Any person submitting a bid on a project
of public works that is
2subject to this section shall, on the date the person submits the bid, identify any
3construction business in which the person, or a shareholder, officer
, or partner of the
4person, if the person is a business, owns, or has owned at least a 25% interest on the
5date the person submits the bid or at any other time within 3 years preceding the date
6the person submits the bid, if the business has been found to have failed to pay the
7prevailing wage rate determined under sub. (3) or to have paid less than 1.5 times
8the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
9labor.".
AB75-SSA1-CA1,153,2
15"
(2) Apprenticeship reports. (a) By no later than 15 days after the end of a
16month in which an employer performs work on a project, the employer shall submit
17to the department in an electronic format a report of the daily number of employees
18employed by the employer on the project in trades that are apprenticeable under this
19subchapter, the daily number of apprentices employed on the project, the race, sex,
20and average age of those apprentices, and the daily number of hours worked by those
21apprentices. The department shall post on its Internet site a running summary of
22those reports summarizing for each month the total number of employees employed
23on projects in this state in trades that are apprenticeable under this subchapter, the
1total number of apprentices employed on those projects, the race, sex, and average
2age of those apprentices, and the total number of hours worked by those apprentices.
AB75-SSA1-CA1,153,103
(b) The department shall grant an employer a total grace period of not more
4than 10 days in each calendar year for submitting the reports under par. (a). All
5projects on which an employer performs work during a calendar year, whether as a
6contractor, subcontractor, or agent of a contractor or subcontractor, are subject to a
7single grace period under this paragraph. If an employer exceeds that grace period,
8the employer shall forfeit, for each project on which the employer performs work
9during the calendar year, $1,000 for each day by which the employer exceeds the
10grace period.
AB75-SSA1-CA1,153,15
11(3) Waiver. If the department grants an exception or modification to any
12requirement in any contract for the performance of work on a project relating to the
13employment and training of apprentices, the department shall post that information
14on its Internet site, together with a detailed explanation of why the exception or
15modification was granted.
AB75-SSA1-CA1,153,24
16(4) Debarment. (a) Except as provided under pars. (b) and (c), the department
17shall distribute to all state agencies a list of all persons whom the department has
18found to have exceeded the grace period under sub. (2) (b) at any time in the
19preceding 3 years. The department shall include with any name the address of the
20person and shall specify when the person exceeded the grace period under sub. (2)
21(b). A state agency may not award any contract to the person unless otherwise
22recommended by the department or unless 3 years have elapsed from the date on
23which the department issued its findings or date of final determination by a court of
24competent jurisdiction, whichever is later.
AB75-SSA1-CA1,154,3
1(b) The department may not include in a notification under par. (a) the name
2of any person on the basis of having let work to a person whom the department has
3found to have exceeded the grace period under sub. (2) (b).
AB75-SSA1-CA1,154,84
(c) This subsection does not apply to any contractor, subcontractor, or agent
5who in good faith on no more than 2 occasions in the same calendar year commits a
6minor violation of sub. (2) (b), as determined on a case-by-case basis through
7administrative hearings with all rights to due process afforded to all parties or who
8has not exhausted or waived all appeals.
AB75-SSA1-CA1,154,159
(d) Any person submitting a bid on a project that is subject to this section shall,
10on the date on which the person submits the bid, identify any construction business
11in which the person, or a shareholder, officer, or partner of the person, if the person
12is a business, owns, or has owned at least a 25 percent interest on the date on which
13the person submits the bid or at any other time within 3 years preceding the date on
14which the person submits the bid, if the business has been found to have exceeded
15the grace period under sub. (2) (b).
AB75-SSA1-CA1,154,1616
(e) The department shall promulgate rules to administer this subsection.".
AB75-SSA1-CA1,154,20
17642. Page 1188, line 13: after "violation." insert "The department shall
18promulgate rules defining what constitutes a willful misclassification of an employee
19as a nonemployee for purposes of this section and of ss. 102.07 (8) (d) and 108.24
20(2m).".
AB75-SSA1-CA1,155,623
111.70
(1) (j) "Municipal employer" means any city, county, village, town,
24metropolitan sewerage district, school district, long-term care district,
transit
1authority under s. 59.58 (7), 66.1038, or 66.1039, or any other political subdivision
2of the state, or instrumentality of one or more political subdivisions of the state, that
3engages the services of an employee and includes any person acting on behalf of a
4municipal employer within the scope of the person's authority, express or implied,
5but specifically does not include a local cultural arts district created under subch. V
6of ch. 229.".
AB75-SSA1-CA1,155,119
111.70
(1) (ne) "School district
professional employee" means a municipal
10employee
who is a professional employee and who is employed to perform services
11for a school district.
AB75-SSA1-CA1,156,613
111.70
(3) (a) 4. To refuse to bargain collectively with a representative of a
14majority of its employees in an appropriate collective bargaining unit. Such refusal
15shall include action by the employer to issue or seek to obtain contracts, including
16those provided for by statute, with individuals in the collective bargaining unit while
17collective bargaining, mediation or fact-finding concerning the terms and conditions
18of a new collective bargaining agreement is in progress, unless such individual
19contracts contain express language providing that the contract is subject to
20amendment by a subsequent collective bargaining agreement. Where the employer
21has a good faith doubt as to whether a labor organization claiming the support of a
22majority of its employees in an appropriate bargaining unit does in fact have that
23support, it may file with the commission a petition requesting an election to that
24claim. An employer shall not be deemed to have refused to bargain until an election
1has been held and the results thereof certified to the employer by the commission.
2The violation shall include, though not be limited thereby, to the refusal to execute
3a collective bargaining agreement previously agreed upon. The term of any collective
4bargaining agreement
covering municipal employees who are not school district
5employees shall not exceed 3 years
, and the term of any collective bargaining
6agreement covering school district employees shall not exceed 4 years.".
AB75-SSA1-CA1,156,1913
111.81
(17m) "Research assistant" means a graduate student enrolled in the
14University of Wisconsin System who is receiving a stipend to conduct research that
15is primarily for the benefit of the student's own learning and research and which is
16independent or self-directed, but does not include students provided fellowships,
17scholarships, or traineeships which are distributed through other titles such as
18advanced opportunity fellow, fellow, scholar, or trainee, and does not include
19students with either an F-1 or a J-1 visa issued by the federal department of state.".
AB75-SSA1-CA1,156,2322
111.825
(2) (g) Research assistants of the University of Wisconsin-Madison
23and University of Wisconsin-Extension.
AB75-SSA1-CA1,156,25
1111.825
(2) (h) Research assistants of the University of Wisconsin-Milwaukee.
AB75-SSA1-CA1,157,53
111.825
(2) (i) Research assistants of the Universities of Wisconsin-Eau Claire,
4Green Bay, La Crosse, Oshkosh, Parkside, Platteville, River Falls, Stevens Point,
5Stout, Superior, and Whitewater.".
