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-SSA1,3078i
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-SSA1,3078km
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-SSA1,3078m
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.
SB21-SSA1,3089
8Section
3089. 106.13 (4) (c) of the statutes is repealed.
SB21-SSA1,3090
9Section
3090. 106.13 (4) (d) of the statutes is repealed.
SB21-SSA1,3097
10Section
3097. 106.32 (title) of the statutes is renumbered 45.435 (title).
SB21-SSA1,3098
11Section
3098. 106.32 (1) (intro.) of the statutes is renumbered 45.435 (1)
12(intro.).
SB21-SSA1,3099
13Section
3099. 106.32 (1) (a) of the statutes is renumbered 45.435 (1) (a) and
14amended to read:
SB21-SSA1,918,1715
45.435
(1) (a) "Disabled veteran" means a veteran who is verified by the
16department
of veterans affairs to have a service-connected disability rating of at
17least 50 percent under
38 USC 1114 or
1134.
SB21-SSA1,3100
18Section
3100. 106.32 (1) (b) and (c) of the statutes are renumbered 45.435 (1)
19(b) and (c).
SB21-SSA1,3101
20Section
3101. 106.32 (1) (d) of the statutes is repealed.
SB21-SSA1,3102
21Section
3102. 106.32 (2) of the statutes is renumbered 45.435 (2), and 45.435
22(2) (a) (intro.), as renumbered, is amended to read:
SB21-SSA1,919,223
45.435
(2) (a) (intro.)
Beginning on July 2, 2013, from From the appropriation
24account under s.
20.445 (1) 20.485 (2) (q), the department shall award a grant in any
1of the following amounts to any person who hires a disabled veteran to work at a
2business in this state:
SB21-SSA1,3103
3Section
3103. 106.32 (3) of the statutes is renumbered 45.435 (3), and 45.435
4(3) (b), as renumbered, is amended to read:
SB21-SSA1,919,95
45.435
(3) (b) The department shall pay a grant under this section only for
6hiring a disabled veteran who has received unemployment
compensation insurance 7benefits for at least one week prior to being hired by the applicant, who was receiving
8such benefits at the time that he or she was hired by the applicant, and who was
9eligible to receive such benefits at the time the benefits were paid.
SB21-SSA1,3104e
10Section 3104e. 106.36 of the statutes is created to read:
SB21-SSA1,919,12
11106.36 Offender reentry initiative. (1) In this section, "offender" has the
12meaning given in
29 USC 3102 (38).
SB21-SSA1,919,16
13(2) The department shall align its workforce development activities under the
14federal Workforce Innovation and Opportunity Act,
29 USC 3101 to
3361, with the
15department of corrections' initiatives to reintegrate offenders into the community by
16doing all of the following:
SB21-SSA1,919,1917
(a) Training staff of the department of corrections in the use of assessment tools
18to assess the educational and vocational needs and skills of offenders who are
19incarcerated.
SB21-SSA1,919,2320(b) Providing in its guidelines for the development of local plans under
29 USC
213123 a specific requirement that local workforce development boards established
22under
29 USC 3122 outline in their local plans how they will work with local and
23statewide offender reentry initiatives supported by the department of corrections.
SB21-SSA1,920,424
(c) Appointing a representative of the department of corrections to serve on any
25subcommittee of the state workforce development board established under
29 USC
13111 that is responsible for the planning and operation of, and other issues relating
2to, the state workforce development system to ensure that workforce development
3programs made available through that system provide workforce development
4activities serving offenders.
SB21-SSA1,920,85
(d) Integrating offender reentry initiatives supported by the department of
6corrections with the job center network under s. 106.14 (1) to ensure that offenders
7are aware of the comprehensive career planning, job placement, job training, and
8other resources available to them through the job center network.
SB21-SSA1,3105
9Section
3105. 106.52 (1) (d) 1. of the statutes is amended to read:
SB21-SSA1,920,1110
106.52
(1) (d) 1. A bed and breakfast establishment, as defined in s.
254.61 (1) 1197.01 (1g).
SB21-SSA1,3106
12Section
3106. 106.52 (1) (d) 2. of the statutes is amended to read:
SB21-SSA1,920,1313
106.52
(1) (d) 2. A hotel, as defined in s.
254.61 (3) 97.01 (7).
SB21-SSA1,3107
14Section
3107. 106.52 (1) (d) 3. of the statutes is amended to read:
SB21-SSA1,920,1515
106.52
(1) (d) 3. A tourist rooming house, as defined in s.
254.61 (6) 97.01 (15k).
SB21-SSA1,3110
16Section
3110. 108.02 (24g) of the statutes is created to read:
SB21-SSA1,920,1817
108.02
(24g) Suitable work. "Suitable work" has the meaning specified by the
18department by rule under s. 108.14 (27).
SB21-SSA1,3111
19Section
3111. 108.04 (8) (a) of the statutes is amended to read:
SB21-SSA1,921,920
108.04
(8) (a)
If Except as provided in par. (b), if an employee fails, without good
21cause, to accept suitable work when offered, the employee is ineligible to receive
22benefits until the employee earns wages after the week in which the failure occurs
23equal to at least 6 times the employee's weekly benefit rate under s. 108.05 (1) in
24employment or other work covered by the unemployment insurance law of any state
25or the federal government. For purposes of requalification, the employee's weekly
1benefit rate shall be that rate which would have been paid had the failure not
2occurred. This paragraph does not preclude an employee from establishing a benefit
3year during a period in which the employee is ineligible to receive benefits under this
4paragraph if the employee qualifies to establish a benefit year under s. 108.06 (2) (a).
5The Except as provided in par. (b), the department shall charge to the fund's
6balancing account any benefits otherwise chargeable to the account of an employer
7that is subject to the contribution requirements under ss. 108.17 and 108.18
8whenever an employee of that employer fails, without good cause, to accept suitable
9work offered by that employer.
SB21-SSA1,3112
10Section
3112. 108.04 (8) (b) of the statutes is created to read:
SB21-SSA1,922,911
108.04
(8) (b) There is a rebuttable presumption that an employee has failed,
12without good cause, to accept suitable work when offered if the department
13determines, based on a report submitted by an employing unit in accordance with s.
14108.133 (4), that the employing unit required, as a condition of an offer of
15employment, that the employee submit to a test for the presence of controlled
16substances and withdrew the conditional offer after the employee either declined to
17submit to such a test or tested positive for one or more controlled substances without
18evidence of a valid prescription for each controlled substance for which the employee
19tested positive. In the case of the employee declining to submit to such a test, the
20employee shall be ineligible for benefits until the employee again qualifies for
21benefits in accordance with the rules promulgated under this paragraph. In the case
22of the employee testing positive in such a test without evidence of a valid
23prescription, the employee shall be ineligible for benefits until the employee again
24qualifies for benefits in accordance with the rules promulgated under this
25paragraph, except that the employee may maintain his or her eligibility for benefits
1in same manner as is provided in s. 108.133 (3) (d). The department shall promulgate
2rules identifying a period of ineligibility that must elapse or a requalification
3requirement that must be satisfied, or both, in order for an employee who becomes
4ineligible for benefits as provided in this paragraph to again qualify for benefits and
5specifying how a claimant may overcome the presumption in this paragraph. The
6department shall charge to the fund's balancing account any benefits otherwise
7chargeable to the account of an employer that is subject to the contribution
8requirements under ss. 108.17 and 108.18 whenever an employee of that employer
9fails, without good cause, to accept suitable work as described in this paragraph.
SB21-SSA1,3113
10Section
3113. 108.04 (11) (bh) of the statutes is amended to read:
SB21-SSA1,922,1511
108.04
(11) (bh) In addition to ineligibility for benefits resulting from
12concealment as provided in par. (be), the department shall assess a penalty against
13the claimant in an amount equal to
15 40 percent of the benefit payments erroneously
14paid to the claimant as a result of one or more acts of concealment described in pars.
15(a) and (b).
SB21-SSA1,3115
16Section
3115. 108.133 of the statutes is created to read:
SB21-SSA1,922,18
17108.133 Testing for controlled substances. (1) Definitions. In this
18section: