SB21-SSA1,3078b 15Section 3078b. 103.70 (2) (b) 3. of the statutes is amended to read:
SB21-SSA1,909,1716 103.70 (2) (b) 3. The minor is paid the applicable minimum wage under ch. 104
17s. 104.035 or under federal law, whichever is greater, for the work.
SB21-SSA1,3078bg 18Section 3078bg. 103.85 (2) (g) of the statutes is created to read:
SB21-SSA1,909,2019 103.85 (2) (g) An employee who states in writing that he or she voluntarily
20chooses to work without at least 24 consecutive hours of rest in 7 consecutive days.
SB21-SSA1,3078bm 21Section 3078bm. 104.001 (1) of the statutes is amended to read:
SB21-SSA1,910,322 104.001 (1) The legislature finds that the provision of a living minimum wage
23that is uniform throughout the state is a matter of statewide concern and that the
24enactment of a living minimum wage ordinance by a city, village, town, or county
25would be logically inconsistent with, would defeat the purpose of, and would go

1against the spirit of this chapter. Therefore, this chapter shall be construed as an
2enactment of statewide concern for the purpose of providing a living minimum wage
3that is uniform throughout the state.
SB21-SSA1,3078c 4Section 3078c. 104.001 (2) of the statutes is amended to read:
SB21-SSA1,910,75 104.001 (2) A city, village, town, or county may not enact and administer an
6ordinance establishing a living minimum wage. Any city, village, town, or county
7living minimum wage ordinance that is in effect on June 16, 2005, is void.
SB21-SSA1,3078cm 8Section 3078cm. 104.01 (intro.) of the statutes is amended to read:
SB21-SSA1,910,10 9104.01 Definitions. (intro.) The following terms as used in In this chapter
10shall be construed as follows:
SB21-SSA1,3078d 11Section 3078d. 104.01 (1) of the statutes is renumbered 104.01 (1m).
SB21-SSA1,3078dm 12Section 3078dm. 104.01 (1d) of the statutes is created to read:
SB21-SSA1,910,1413 104.01 (1d) "Agricultural employee" means an employee who is employed in
14the operation of farm premises, as described in s. 102.04 (3).
SB21-SSA1,3078e 15Section 3078e. 104.01 (5) of the statutes is repealed.
SB21-SSA1,3078em 16Section 3078em. 104.01 (5g) of the statutes is created to read:
SB21-SSA1,910,1717 104.01 (5g) "Minor employee" means an employee who is under 18 years of age.
SB21-SSA1,3078f 18Section 3078f. 104.01 (5m) of the statutes is created to read:
SB21-SSA1,910,2019 104.01 (5m) "Opportunity employee" means a person under 20 years of age who
20is in the first 90 consecutive days of employment with his or her employer.
SB21-SSA1,3078fm 21Section 3078fm. 104.01 (7m) of the statutes is created to read:
SB21-SSA1,910,2422 104.01 (7m) "Tipped employee" means an employee who in the course of
23employment customarily and regularly receives money or other gratuities from
24persons other than the employee's employer.
SB21-SSA1,3078g 25Section 3078g. 104.01 (8) of the statutes is amended to read:
SB21-SSA1,911,2
1104.01 (8) The term "wage" and the term "wages" shall each mean "Wage"
2means
any compensation for labor measured by time, piece, or otherwise.
SB21-SSA1,3078gm 3Section 3078gm. 104.02 and 104.03 of the statutes are consolidated,
4renumbered 104.02 and amended to read:
SB21-SSA1,911,12 5104.02 Living Minimum wage prescribed: requirement to pay. Every
6wage paid or agreed to be paid by any employer to any employee, except as otherwise
7provided in s. 104.07, shall be not less than a living the applicable minimum wage
8established under s. 104.035. 104.03 Unlawful wages. Any employer paying,
9offering to pay, or agreeing to pay any employee a wage lower or less in value than
10 a living the applicable minimum wage established under s. 104.035 is guilty of a
11violation of this chapter as provided in s. 103.005 (11) and is subject to the penalties
12provided in s. 103.005 (12)
.
SB21-SSA1,3078h 13Section 3078h. 104.035 of the statutes is created to read:
SB21-SSA1,911,15 14104.035 Minimum wage. (1) Employees generally. (a) Minimum rates.
15Except as provided in subs. (2) to (8), the minimum wage is $7.25 per hour.
SB21-SSA1,911,2016 (b) Allowances for meals and lodging. Except as provided in subs. (2) (b), (2m)
17(b), and (4) (b) and subject to sub. (3) (b), if an employer furnishes an employee with
18meals or lodging in accordance with rules promulgated by the department under s.
19104.045 (2), the employer may deduct the following amounts from the wages of the
20employee:
SB21-SSA1,911,2121 1. For lodging, $58 per week or $8.30 per day.
SB21-SSA1,911,2222 2. For meals, $87 per week or $4.15 per meal.
SB21-SSA1,911,24 23(2) Minor employees. (a) Minimum rates. Except as provided in subs. (2m)
24to (8), the minimum wage for a minor employee is $7.25 per hour.
SB21-SSA1,912,5
1(b) Allowances for meals and lodging. Except as provided in subs. (2m) (b) and
2(4) (b) and subject to sub. (3) (b), if an employer furnishes a minor employee with
3meals or lodging in accordance with rules promulgated by the department under s.
4104.045 (2), the employer may deduct the following amounts from the wages of the
5employee:
SB21-SSA1,912,66 1. For lodging, $58 per week or $8.30 per day.
SB21-SSA1,912,77 2. For meals, $87 per week or $4.15 per meal.
SB21-SSA1,912,9 8(2m) Opportunity employees. (a) Minimum rates. Except as provided in subs.
9(3) to (8), the minimum wage for an opportunity employee is $5.90 per hour.
SB21-SSA1,912,1310 (b) Allowances for meals and lodging. Except as provided in sub. (4) (b) and
11subject to sub. (3) (b), if an employer furnishes an opportunity employee with meals
12or lodging in accordance with rules promulgated by the department under s. 104.045
13(2), the employer may deduct the following amounts from the wages of the employee:
SB21-SSA1,912,1414 1. For lodging, $47.20 per week or $6.75 per day.
SB21-SSA1,912,1515 2. For meals, $70.80 per week or $3.35 per meal.
SB21-SSA1,912,21 16(3) Tipped employees. (a) Minimum rates. Except as provided in subs. (4) to
17(8), if an employer of a tipped employee establishes by the employer's payroll records
18that, when adding the tips received by the tipped employee in a week to the wages
19paid to the tipped employee in that week, the tipped employee receives not less than
20the applicable minimum wage specified in sub. (1), (2), or (2m), the minimum wage
21for the tipped employee is as follows:
SB21-SSA1,912,2322 1. For wages earned by a tipped employee who is not an opportunity employee,
23$2.33 per hour.
SB21-SSA1,912,2524 2. For wages earned by a tipped employee who is an opportunity employee,
25$2.13 per hour.
SB21-SSA1,913,4
1(b) Allowances for meals and lodging. If an employer furnishes a tipped
2employee with meals or lodging in accordance with rules promulgated by the
3department under s. 104.045 (2), the employer may deduct the applicable amounts
4specified in sub. (1) (b), (2) (b), or (2m) (b) from the wages of the tipped employee.
SB21-SSA1,913,6 5(4) Agricultural employees. (a) Minimum rates. Except as provided in subs.
6(7) and (8), the minimum wage for an agricultural employee is $7.25 per hour.
SB21-SSA1,913,107 (b) Allowances for meals and lodging. If an employer furnishes an agricultural
8employee with meals or lodging in accordance with rules promulgated by the
9department under s. 104.045 (2), the employer may deduct the following amounts
10from the wages of the employee:
SB21-SSA1,913,1111 1. For lodging, $58 per week or $8.30 per day.
SB21-SSA1,913,1212 2. For meals, $87 per week or $4.15 per meal.
SB21-SSA1,913,16 13(5) Camp counselors. The minimum wage for a counselor at a seasonal
14recreational or educational camp, including a day camp, is $350 per week if meals
15and lodging are not furnished, $265 per week if only meals are furnished, and $210
16per week if both meals and lodging are furnished.
SB21-SSA1,913,18 17(6) Golf caddies. The minimum wage for a golf caddy is $10.50 for caddying
1818 holes and $5.90 for caddying 9 holes.
SB21-SSA1,913,20 19(7) Minimum wage established by department. The department shall
20promulgate rules providing the minimum wage for all of the following:
SB21-SSA1,913,2221 (a) An employee or worker with a disability covered under a license under s.
22104.07.
SB21-SSA1,913,2323 (b) A student learner.
SB21-SSA1,913,2524 (c) A student employed by an independent college or university for less than
2520 hours per week.
SB21-SSA1,914,3
1(8) Employment exempted by department. The department shall promulgate
2rules exempting from the minimum wage requirements under subs. (1) to (7) all of
3the following:
SB21-SSA1,914,54 (a) A person engaged in casual employment in and around an employer's home
5on an irregular or intermittent basis for not more than 15 hours per week.
SB21-SSA1,914,96 (b) A person who resides in the home of an employer who, due to advanced age
7or physical or mental disability, cannot care for his or her own needs, for the purpose
8of companionship and who spends not more than 15 hours per week on general
9household work for the employer.
SB21-SSA1,914,1110 (c) An elementary or secondary school student performing student work-like
11activities in the student's school.
SB21-SSA1,914,12 12(9) Gender-specific minimum wage prohibited.
SB21-SSA1,3078hm 13Section 3078hm. 104.04 (title) of the statutes is repealed.
SB21-SSA1,3078i 14Section 3078i. 104.04 of the statutes is renumbered 104.035 (9) and amended
15to read:
SB21-SSA1,915,216 104.035 (9) The department shall investigate, ascertain, determine, and fix
17such reasonable classifications, and shall impose general or special orders,
18determining the living wage, and shall carry out the purposes of this chapter. Such
19investigations, classifications, and orders shall be made as provided under s.
20103.005, and the penalties specified in s. 103.005 (12) shall apply to and be imposed
21for any violation of this chapter. In determining the living wage, the department may
22consider the effect that an increase in the living wage might have on the economy of
23the state, including the effect of a living wage increase on job creation, retention, and
24expansion, on the availability of entry-level jobs, and on regional economic
25conditions within the state.
The department may not establish a different minimum

1wage for men and women. Said orders shall be subject to review in the manner
2provided in ch. 227.
SB21-SSA1,3078im 3Section 3078im. 104.045 of the statutes is renumbered 104.045 (intro.) and
4amended to read:
SB21-SSA1,915,7 5104.045 Tipped employees Tips, meals, lodging, and hours worked.
6(intro.) The department shall by rule determine what amount of promulgate rules
7governing all of the following:
SB21-SSA1,915,9 8(1) The counting of tips or similar gratuities may be counted toward fulfillment
9of the employer's obligation under this chapter.
SB21-SSA1,3078j 10Section 3078j. 104.045 (2) and (3) of the statutes are created to read:
SB21-SSA1,915,1211 104.045 (2) The deduction of meals or lodging provided by an employer to an
12employee from the employer's obligation under this chapter.
SB21-SSA1,915,14 13(3) The determination of hours worked by an employee during which the
14employee is entitled to the minimum wage established under s. 104.035.
SB21-SSA1,3078jm 15Section 3078jm. 104.05 of the statutes is repealed.
SB21-SSA1,3078ke 16Section 3078ke. 104.06 of the statutes is repealed.
SB21-SSA1,3078km 17Section 3078km. 104.07 (1) and (2) of the statutes are amended to read:
SB21-SSA1,915,2418 104.07 (1) The department shall make promulgate rules, and, except as
19provided under subs. (5), (6), and (7), grant licenses a license to any employer who
20employs any employee who is unable to earn the living wage determined by the
21department, permitting the employee to work for a wage that
for whom the minimum
22wage established under s. 104.035
is not commensurate with the employee's ability.
23Each license so granted shall establish a wage for the licensee any such employees
24of the licensee
.
SB21-SSA1,916,6
1(2) The department shall make promulgate rules, and, except as provided
2under subs. (5), (6), and (7), grant licenses a license to a sheltered workshops
3workshop, to permit the employment of workers with disabilities who are unable to
4earn the living wage
at a wage that is commensurate with their ability and
5productivity. A license granted to a sheltered workshop under this subsection may
6be issued for the entire workshop or a department of the workshop.
SB21-SSA1,3078ks 7Section 3078ks. 104.08 (2m) of the statutes is amended to read:
SB21-SSA1,916,108 104.08 (2m) Any person working in a trade industry for which a living
9minimum wage has been established for minors, and who has no trade, shall be
10employed under an apprentice contract under s. 106.01.
SB21-SSA1,3078L 11Section 3078L. 104.10 of the statutes is amended to read:
SB21-SSA1,916,18 12104.10 Penalty for intimidating witness. Any employer who discharges or
13threatens to discharge, or who in any way discriminates, or threatens to discriminate
14against, any employee because the employee has testified or is about to testify, or
15because the employer believes that the employee may testify, in any investigation or
16proceeding relative to the enforcement of this chapter, is guilty of a misdemeanor,
17and upon conviction thereof shall be punished by a fine of
may be fined $25 for each
18offense.
SB21-SSA1,3078Lm 19Section 3078Lm. 104.11 of the statutes is repealed.
SB21-SSA1,3078m 20Section 3078m. 104.12 of the statutes is amended to read:
SB21-SSA1,917,2 21104.12 Complaints. Any person may register with the department a
22complaint that the wages paid to an employee for whom a living minimum wage has
23been established under s. 104.035 are less than that living minimum wage, and the
24department shall investigate the matter and take all proceedings necessary to
25enforce the payment of a that minimum wage that is not less than the living wage.

1Section 111.322 (2m) applies to discharge and other discriminatory acts arising in
2connection with any proceeding under this section.
SB21-SSA1,3081d 3Section 3081d. 106.13 (1) of the statutes is amended to read:
SB21-SSA1,917,54 106.13 (1) The department shall provide a youth apprenticeship program that
5includes the grant programs under subs. (3m) and (4) program under sub. (3m).
SB21-SSA1,3082 6Section 3082. 106.13 (3m) (a) of the statutes is renumbered 106.13 (3m) (a)
7(intro.) and amended to read:
SB21-SSA1,917,88 106.13 (3m) (a) (intro.) In this subsection, " local partnership":
SB21-SSA1,917,13 91. "Local partnership" means one or more school districts, or any combination
10of one or more school districts, other public agencies, as defined in sub. (4) (a) 2.,
11nonprofit organizations, as defined in sub. (4) (a) 1r., individuals, or other persons,
12who have agreed to be responsible for implementing and coordinating a local youth
13apprenticeship program.
SB21-SSA1,3083 14Section 3083. 106.13 (3m) (b) (intro.) of the statutes is amended to read:
SB21-SSA1,917,2515 106.13 (3m) (b) (intro.) From the appropriation under s. 20.445 (1) (e) (b), the
16department shall may award grants to applying local partnerships for the
17implementation and coordination of local youth apprenticeship programs. A local
18partnership shall include in its grant application the identity of each public agency,
19nonprofit organization, individual, and other person who is a participant in the local
20partnership, a plan to accomplish the implementation and coordination activities
21specified in subds. 1. to 6., and the identity of a fiscal agent who shall be responsible
22for receiving, managing, and accounting for the grant moneys received under this
23paragraph. Subject to par. (c), a local partnership that is awarded a grant under this
24paragraph may use the grant moneys awarded for any of the following
25implementation and coordination activities:
SB21-SSA1,3084
1Section 3084. 106.13 (4) (a) (intro.) of the statutes is repealed.
SB21-SSA1,3085 2Section 3085. 106.13 (4) (a) 1d. of the statutes is repealed.
SB21-SSA1,3086 3Section 3086. 106.13 (4) (a) 1r. of the statutes is renumbered 106.13 (3m) (a)
41r.
SB21-SSA1,3087 5Section 3087. 106.13 (4) (a) 2. of the statutes is renumbered 106.13 (3m) (a)
62.
SB21-SSA1,3088 7Section 3088. 106.13 (4) (b) of the statutes is repealed.
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