AB75-SSA1-SA1,91,1310
103.49
(2m) (b) 2. The laborer, worker, mechanic
, or truck driver is employed
11to go to the site of a project that is subject to this section, pick up excavated material
12or spoil from the site of the project
of public works and transport that excavated
13material or spoil away from the site of the project.".
AB75-SSA1-SA1,92,321
103.49
(3) (am) The department shall, by January 1 of each year, compile the
22prevailing wage rates for each trade or occupation in each area. The compilation
23shall, in addition to the current prevailing wage rates, include future prevailing
24wage rates when those prevailing wage rates can be determined for any trade or
1occupation in any area and shall specify the effective date of those future prevailing
2wage rates. If a
construction project
of public works extends into more than one area
3there shall be but one standard of prevailing wage rates for the entire project.".
AB75-SSA1-SA1,92,196
103.49
(3) (c) In addition to the recalculation under par. (b), the state agency
7that requested the determination under this subsection may request a review of any
8portion of a determination within 30 days after the date of issuance of the
9determination if the state agency submits evidence with the request showing that
10the prevailing wage rate for any given trade or occupation included in the
11determination does not represent the prevailing wage rate for that trade or
12occupation in the city, village
, or town in which the proposed project
of public works 13is located. That evidence shall include wage rate information for the contested trade
14or occupation on at least 3 similar projects located in the city, village
, or town where
15the proposed project
of public works is located on which some work has been
16performed during the current survey period and which were considered by the
17department in issuing its most recent compilation under par. (am). The department
18shall affirm or modify the determination within 15 days after the date on which the
19department receives the request for review.".
AB75-SSA1-SA1,92,2322
103.49
(3g) (c) Minor service or maintenance work, warranty work, or work
23under a supply and installation contract.
AB75-SSA1-SA1,93,6
1103.49
(4r) (b) Upon completion of a project
of public works and before
2receiving final payment for his or her work on the project, each agent or
3subcontractor shall furnish the contractor with an affidavit stating that the agent
4or subcontractor has complied fully with the requirements of this section. A
5contractor may not authorize final payment until the affidavit is filed in proper form
6and order.
AB75-SSA1-SA1,93,218
103.49
(4r) (c) Upon completion of a project
of public works and before receiving
9final payment for his or her work on the project, each contractor shall file with the
10state agency authorizing the work an affidavit stating that the contractor has
11complied fully with the requirements of this section and that the contractor has
12received an affidavit under par. (b) from each of the contractor's agents and
13subcontractors. A state agency may not authorize a final payment until the affidavit
14is filed in proper form and order. If a state agency authorizes a final payment before
15an affidavit is filed in proper form and order or if the department determines, based
16on the greater weight of the credible evidence, that any person performing the work
17specified in sub. (2m) has been or may have been paid less than the prevailing wage
18rate or less than 1.5 times the hourly basic rate of pay for all hours worked in excess
19of the prevailing hours of labor and requests that the state agency withhold all or part
20of the final payment, but the state agency fails to do so, the state agency is liable for
21all back wages payable up to the amount of the final payment.
AB75-SSA1-SA1,94,323
103.49
(5) (a) Each contractor, subcontractor
, or contractor's or subcontractor's
24agent performing work on a project
of public works that is subject to this section shall
25keep full and accurate records clearly indicating the name and trade or occupation
1of every person performing the work described in sub. (2m) and an accurate record
2of the number of hours worked by each of those persons and the actual wages paid
3for the hours worked.".
AB75-SSA1-SA1,94,9
4340. Page 1169, line 25: delete the material beginning with that line and
5ending with page 1170, line 1, and substitute "apply to a contractor, subcontractor,
6or agent if all persons employed by the contractor, subcontractor, or agent who are
7performing the work described in sub. (2m) are covered under a collective bargaining
8agreement and the wage rates for those persons under the collective bargaining
9agreement are not less than the prevailing wage rate. In that case, the contractor,".
AB75-SSA1-SA1,94,12
10341. Page 1170, line 3: delete "the collective bargaining agreement" and
11substitute "all collective bargaining agreements that are pertinent to the project of
12public works".
AB75-SSA1-SA1,95,215
103.49
(5) (b) It shall be the duty of the department to enforce this section. To
16this end it may demand and examine, and every contractor, subcontractor, and
17contractor's and subcontractor's agent shall keep, and furnish upon request by the
18department, copies of payrolls and other records and information relating to the
19wages paid to persons performing the work described in sub. (2m) for work to which
20this section applies. The department may inspect records in the manner provided
21in this chapter. Every contractor, subcontractor, or agent performing work on a
22project
of public works that is subject to this section is subject to the requirements
23of this chapter relating to the examination of records. Section 111.322 (2m) applies
1to discharge and other discriminatory acts arising in connection with any proceeding
2under this section.".
AB75-SSA1-SA1,95,6
5"
Section 2192e. 103.49 (6m) (a) of the statutes is renumbered 103.49 (6m)
6(am).
AB75-SSA1-SA1,95,148
103.49
(6m) (ag) 1. Any contractor, subcontractor, or contractor's or
9subcontractor's agent who fails to pay the prevailing wage rate determined by the
10department under sub. (3) or who pays less than 1.5 times the hourly basic rate of
11pay for all hours worked in excess of the prevailing hours of labor is liable to any
12affected employee in the amount of his or her unpaid wages or his or her unpaid
13overtime compensation and in an additional amount as liquidated damages as
14provided in subd. 2., 3., or 4., whichever is applicable.
AB75-SSA1-SA1,95,2315
2. If the department determines upon inspection under sub. (5) (b) or (c) that
16a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay
17the prevailing wage rate determined by the department under sub. (3) or has paid
18less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
19prevailing hours of labor, the department shall order the contractor to pay to any
20affected employee the amount of his or her unpaid wages or his or her unpaid
21overtime compensation and an additional amount equal to 100 percent of the amount
22of those unpaid wages or that unpaid overtime compensation as liquidated damages
23within a period specified by the department in the order.
AB75-SSA1-SA1,96,13
13. In addition to or in lieu of recovering the liability specified in subd. 1. as
2provided in subd. 2., any employee for and in behalf of that employee and other
3employees similarly situated may commence an action to recover that liability in any
4court of competent jurisdiction. In an action that is commenced before the end of any
5period specified by the department under subd. 2., if the court finds that a contractor,
6subcontractor, or contractor's or subcontractor's agent has failed to pay the
7prevailing wage rate determined by the department under sub. (3) or has paid less
8than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
9prevailing hours of labor, the court shall order the contractor, subcontractor, or agent
10to pay to any affected employee the amount of his or her unpaid wages or his or her
11unpaid overtime compensation and an additional amount equal to 100 percent of the
12amount of those unpaid wages or that unpaid overtime compensation as liquidated
13damages.
AB75-SSA1-SA1,96,2214
4. In an action that is commenced after the end of any period specified by the
15department under subd. 2., if the court finds that a contractor, subcontractor, or
16contractor's or subcontractor's agent has failed to pay the prevailing wage rate
17determined by the department under sub. (3) or has paid less than 1.5 times the
18hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor,
19the court shall order the contractor, subcontractor, or agent to pay to any affected
20employee the amount of his or her unpaid wages or his or her unpaid overtime
21compensation and an additional amount equal to 200 percent of the amount of those
22unpaid wages or that unpaid overtime compensation as liquidated damages.
AB75-SSA1-SA1,97,223
5. No employee may be a party plaintiff to an action under subd. 3. or 4. unless
24the employee consents in writing to become a party and the consent is filed in the
25court in which the action is brought. Notwithstanding s. 814.04 (1), the court shall,
1in addition to any judgment awarded to the plaintiff, allow reasonable attorney fees
2and costs to be paid by the defendant.".
AB75-SSA1-SA1,97,125
103.49
(6m) (b) Whoever induces any person who seeks to be or is employed on
6any project
of public works that is subject to this section to give up, waive
, or return
7any part of the wages to which the person is entitled under the contract governing
8the project, or who reduces the hourly basic rate of pay normally paid to a person for
9work on a project that is not subject to this section during a week in which the person
10works both on a project
of public works that is subject to this section and on a project
11that is not subject to this section, by threat not to employ, by threat of dismissal from
12employment
, or by any other means is guilty of an offense under s. 946.15 (1).
AB75-SSA1-SA1,97,2314
103.49
(6m) (c) Any person employed on a project
of public works that is subject
15to this section who knowingly permits a contractor, subcontractor
, or contractor's or
16subcontractor's agent to pay him or her less than the prevailing wage rate set forth
17in the contract governing the project, who gives up, waives
, or returns any part of the
18compensation to which he or she is entitled under the contract, or who gives up,
19waives
, or returns any part of the compensation to which he or she is normally
20entitled for work on a project that is not subject to this section during a week in which
21the person works both on a project
of public works that is subject to this section and
22on a project that is not subject to this section, is guilty of an offense under s. 946.15
23(2).".
AB75-SSA1-SA1,98,64
103.49
(6m) (f) Paragraph
(a) (am) does not apply to any person who fails to
5provide any information to the department to assist the department in determining
6prevailing wage rates under sub. (3) (a) or (am).".
AB75-SSA1-SA1,98,179
103.49
(7) (d) Any person submitting a bid on a project
of public works that is
10subject to this section shall, on the date the person submits the bid, identify any
11construction business in which the person, or a shareholder, officer
, or partner of the
12person, if the person is a business, owns, or has owned at least a 25% interest on the
13date the person submits the bid or at any other time within 3 years preceding the date
14the person submits the bid, if the business has been found to have failed to pay the
15prevailing wage rate determined under sub. (3) or to have paid less than 1.5 times
16the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
17labor.".
AB75-SSA1-SA1,98,2222
104.04
(1) (title)
Department to determine.
AB75-SSA1-SA1,99,4
1104.04
(2) Department to revise. (a) In this subsection, "consumer price index"
2means the average of the consumer price index over each 12-month period for all
3urban consumers, U.S. city average, as determined by the bureau of labor statistics
4in the U.S. department of labor.
AB75-SSA1-SA1,99,195
(b) Subject to pars. (c) and (d), by September 1 of each year, the department,
6using the procedures under s. 227.24, shall promulgate rules to revise the living
7wages determined under sub. (1). The department shall determine those revised
8living wages by calculating the percentage difference between the consumer price
9index for the 12-month period ending on May 31 of the preceding year and the
10consumer price index for the 12-month period ending on May 31 of the current year,
11adjusting the living wages in effect on August 31 of the current year by that
12percentage difference, and rounding that result to the nearest multiple of 5 cents,
13except that, for a weekly living wage, the department shall round the result to the
14nearest dollar. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department may
15promulgate an emergency rule under s. 227.24 revising the living wages determined
16under sub. (1) without providing evidence that the emergency rule is necessary to
17preserve the public peace, health, safety, or welfare and without a finding of
18emergency. A revised living wage determined under this paragraph shall first apply
19to wages earned on September 1 of the year in which the living wage is revised.
AB75-SSA1-SA1,99,2220
(c) Paragraph (b) does not apply if the consumer price index for the 12-month
21period ending on May 31 of the current year has not increased over the consumer
22price index for the 12-month period ending on May 31 of the preceding year.
AB75-SSA1-SA1,99,2423
(d) Paragraph (b) does not preclude the department from promulgating rules
24to increase a living wage determined under par. (b) or sub. (1).".
AB75-SSA1-SA1,100,15
5"
(2) Apprenticeship reports. (a) By no later than 15 days after the end of a
6month in which an employer performs work on a project, the employer shall submit
7to the department in an electronic format a report of the daily number of employees
8employed by the employer on the project in trades that are apprenticeable under this
9subchapter, the daily number of apprentices employed on the project, the race, sex,
10and average age of those apprentices, and the daily number of hours worked by those
11apprentices. The department shall post on its Internet site a running summary of
12those reports summarizing for each month the total number of employees employed
13on projects in this state in trades that are apprenticeable under this subchapter, the
14total number of apprentices employed on those projects, the race, sex, and average
15age of those apprentices, and the total number of hours worked by those apprentices.
AB75-SSA1-SA1,100,2316
(b) The department shall grant an employer a total grace period of not more
17than 10 days in each calendar year for submitting the reports under par. (a). All
18projects on which an employer performs work during a calendar year, whether as a
19contractor, subcontractor, or agent of a contractor or subcontractor, are subject to a
20single grace period under this paragraph. If an employer exceeds that grace period,
21the employer shall forfeit, for each project on which the employer performs work
22during the calendar year, $1,000 for each day by which the employer exceeds the
23grace period.
AB75-SSA1-SA1,101,5
1(3) Waiver. If the department grants an exception or modification to any
2requirement in any contract for the performance of work on a project relating to the
3employment and training of apprentices, the department shall post that information
4on its Internet site, together with a detailed explanation of why the exception or
5modification was granted.
AB75-SSA1-SA1,101,14
6(4) Debarment. (a) Except as provided under pars. (b) and (c), the department
7shall distribute to all state agencies a list of all persons whom the department has
8found to have exceeded the grace period under sub. (2) (b) at any time in the
9preceding 3 years. The department shall include with any name the address of the
10person and shall specify when the person exceeded the grace period under sub. (2)
11(b). A state agency may not award any contract to the person unless otherwise
12recommended by the department or unless 3 years have elapsed from the date on
13which the department issued its findings or date of final determination by a court of
14competent jurisdiction, whichever is later.
AB75-SSA1-SA1,101,1715
(b) The department may not include in a notification under par. (a) the name
16of any person on the basis of having let work to a person whom the department has
17found to have exceeded the grace period under sub. (2) (b).
AB75-SSA1-SA1,101,2218
(c) This subsection does not apply to any contractor, subcontractor, or agent
19who in good faith on no more than 2 occasions in the same calendar year commits a
20minor violation of sub. (2) (b), as determined on a case-by-case basis through
21administrative hearings with all rights to due process afforded to all parties or who
22has not exhausted or waived all appeals.
AB75-SSA1-SA1,102,423
(d) Any person submitting a bid on a project that is subject to this section shall,
24on the date on which the person submits the bid, identify any construction business
25in which the person, or a shareholder, officer, or partner of the person, if the person
1is a business, owns, or has owned at least a 25 percent interest on the date on which
2the person submits the bid or at any other time within 3 years preceding the date on
3which the person submits the bid, if the business has been found to have exceeded
4the grace period under sub. (2) (b).
AB75-SSA1-SA1,102,55
(e) The department shall promulgate rules to administer this subsection.".
AB75-SSA1-SA1,102,108
111.70
(1) (ne) "School district
professional employee" means a municipal
9employee
who is a professional employee and who is employed to perform services
10for a school district.
AB75-SSA1-SA1,103,512
111.70
(3) (a) 4. To refuse to bargain collectively with a representative of a
13majority of its employees in an appropriate collective bargaining unit. Such refusal
14shall include action by the employer to issue or seek to obtain contracts, including
15those provided for by statute, with individuals in the collective bargaining unit while
16collective bargaining, mediation or fact-finding concerning the terms and conditions
17of a new collective bargaining agreement is in progress, unless such individual
18contracts contain express language providing that the contract is subject to
19amendment by a subsequent collective bargaining agreement. Where the employer
20has a good faith doubt as to whether a labor organization claiming the support of a
21majority of its employees in an appropriate bargaining unit does in fact have that
22support, it may file with the commission a petition requesting an election to that
23claim. An employer shall not be deemed to have refused to bargain until an election
24has been held and the results thereof certified to the employer by the commission.
1The violation shall include, though not be limited thereby, to the refusal to execute
2a collective bargaining agreement previously agreed upon. The term of any collective
3bargaining agreement
covering municipal employees who are not school district
4employees shall not exceed 3 years
, and the term of any collective bargaining
5agreement covering school district employees shall not exceed 4 years.".
AB75-SSA1-SA1,103,1813
111.70
(4) (cm) 7p. `Factors for school districts.' In making any decision under
14the arbitration procedures authorized by this paragraph, if the decision involves a
15collective bargaining unit consisting of school district employees, the arbitrator or
16arbitration panel may not give weight to accumulated fund balances, and, if the
17decision is in the favor of the labor union, the municipal employer may not use any
18accumulated fund balance for municipal employee salaries or fringe benefits.".
AB75-SSA1-SA1,103,2221
111.70
(4) (cm) 7r. k. Any funding limitation, funding authority, or funding
22source when raised by either party in the arbitration.".
