Amendment SA46-SSA1-SB21

2015 - 2016 LEGISLATURE

SENATE AMENDMENT 46, TO SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 21

July 7, 2015 - Offered by Senators Wirch and Lassa.

SB21-SSA1-SA46,1,1 At the locations indicated, amend the substitute amendment as follows:

SB21-SSA1-SA46,1,3 1. Page 444, line 23: delete the material beginning with that line and ending with page 445, line 23.

SB21-SSA1-SA46,1,4 2. Page 517, line 10: delete lines 10 to 13.

SB21-SSA1-SA46,1,6 3. Page 841, line 12: delete the material beginning with that line and ending with page 842, line 2.

SB21-SSA1-SA46,1,8 4. Page 843, line 18: delete the material beginning with that line and ending with page 880, line 23 and substitute:

SB21-SSA1-SA46,1,9 " Section 2768f. 102.14 (2) of the statutes is amended to read:

SB21-SSA1-SA46,2,7 102.14 (2) The council on worker's compensation shall advise the department in carrying out the purposes of this chapter. Such council shall submit its recommendations with respect to amendments to this chapter to each regular session of the legislature and shall report its views upon any pending bill relating to this chapter to the proper legislative committee as provided in sub. (3). At the request of the chairpersons of the senate and assembly committees on labor, the department shall schedule a meeting of the council with the members of the senate and assembly committees on labor to review and discuss matters of legislative concern arising under this chapter.

SB21-SSA1-SA46,2768h Section 2768h. 102.14 (3) of the statutes is created to read:

SB21-SSA1-SA46,2,15 102.14 (3) The council on worker's compensation shall review and report its views on any bill relating to this chapter to the proper legislative committee before any public hearing on the bill is held before any standing committee or, if no public hearing is held, before any vote is taken on the bill by any standing committee or, if the bill is not referred to a standing committee, before any vote is taken on the bill by either house of the legislature. The council shall submit its report by no later than the 30th day after the date of introduction of the bill.".

SB21-SSA1-SA46,2,17 5. Page 881, line 8: delete the material beginning with that line and ending with page 889, line 14.

SB21-SSA1-SA46,2,19 6. Page 891, line 24: delete the material beginning with that line and ending with page 898, line 23.

SB21-SSA1-SA46,2,21 7. Page 899, line 20: delete the material beginning with that line and ending with page 903, line 11.

SB21-SSA1-SA46,2,23 8. Page 903, line 25: delete the material beginning with that line and ending with page 905, line 5.

SB21-SSA1-SA46,3,2 9. Page 908, line 15: delete the material beginning with that line and ending with page 909, line 17.

SB21-SSA1-SA46,3,4 10. Page 909, line 21: delete the material beginning with that line and ending with page 917, line 2.

SB21-SSA1-SA46,3,5 11. Page 1170, line 6: delete lines 6 to 14.

SB21-SSA1-SA46,3,7 12. Page 1170, line 25: delete the material beginning with that line and ending with page 1171, line 4.

SB21-SSA1-SA46,3,8 13. Page 1171, line 10: delete lines 10 to 13.

SB21-SSA1-SA46,3,9 14. Page 1221, line 7: delete lines 7 to 18.

SB21-SSA1-SA46,3,11 15. Page 1359, line 5: delete the material beginning with that line and ending with page 1360, line 4.

SB21-SSA1-SA46,3,12 16. Page 1367, line 7: delete lines 7 to 24.

SB21-SSA1-SA46,3,14 17. Page 1533, line 7: delete the material beginning with that line and ending with page 1535, line 16.

SB21-SSA1-SA46,3,16 18. Page 1569, line 10: delete the material beginning with that line and ending with page 1570, line 2.

SB21-SSA1-SA46,3,17 19. Page 1570, line 7: delete lines 7 to 15.

SB21-SSA1-SA46,3,18 20. At the appropriate places, insert all of the following:

SB21-SSA1-SA46,3,19 " Section 1. 49.141 (1) (g) of the statutes is amended to read:

SB21-SSA1-SA46,3,22 49.141 (1) (g) "Minimum wage" means the state minimum hourly wage under ch. 104 s. 104.035 (1) or the federal minimum hourly wage under 29 USC 206 (a) (1), whichever is applicable.

SB21-SSA1-SA46,2 Section 2. 103.02 of the statutes is renumbered 103.02 (1) and amended to read:

SB21-SSA1-SA46,4,6 103.02 (1) No person may be employed or be permitted to work in any place of employment or at any employment for such any period of time during any day, night, or week, as that is dangerous or prejudicial to the person's life, health, safety, or welfare.

SB21-SSA1-SA46,4,19 (2) The department shall investigate, ascertain, determine, and fix such reasonable classification, classifications, issue general or special orders, and promulgate rules fixing a period of time, or hours of beginning and ending work during any day, night, or week, which shall that may be necessary to protect the life, health, safety, or welfare of any person, or to carry out the purposes of ss. 103.01 to 103.03. The department shall, by rule, classify such periods of time into periods to be paid for at regular rates and periods to be paid for at the rate of at least one and one-half 1.5 times the regular rates. Such investigations, classifications, rules, and orders shall be made as provided in s. 103.005 and the penalties under s. 103.005 (12) shall apply to and be imposed for any violation of ss. 103.01 to 103.03. Such orders shall be subject to review in the manner provided in ch. 227. Section 111.322 (2m) applies to discharge or other discriminatory acts arising in connection with any proceeding under this section.

SB21-SSA1-SA46,3 Section 3. 103.02 (3) of the statutes is created to read:

SB21-SSA1-SA46,4,23 103.02 (3) The employment of any person in any employment or place of employment at any time other than the permissible hours of labor under this section shall be prima facie evidence of a violation of this section.

SB21-SSA1-SA46,4 Section 4. 103.023 of the statutes is created to read:

SB21-SSA1-SA46,5,2 103.023 Hours of labor; exempt employees. (1) Definitions. In this section:

SB21-SSA1-SA46,5,5 (a) "Compensated on a salary basis" means to receive regularly each pay period a predetermined amount constituting all or part of the employee's compensation, which amount is not subject to reduction because of any of the following:

SB21-SSA1-SA46,5,6 1. Variations in the quality or quantity of the work performed.

SB21-SSA1-SA46,5,8 2. Absences from work occasioned by the employer or by the operating requirements of the employer's business.

SB21-SSA1-SA46,5,10 3. The fact that work is not available, so long as the employee is ready, willing, and able to work.

SB21-SSA1-SA46,5,17 (b) "Employee employed in a bona fide administrative capacity" means an employee who is compensated on a salary basis at a rate of not less than the rate determined under sub. (3), exclusive of board, lodging, or other facilities, whose primary duty is the performance of office or nonmanual work directly related to the management or general business operations of the employer or of the employer's customers, and whose primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.

SB21-SSA1-SA46,6,4 (c) "Employee employed in a bona fide executive capacity" means an employee who is compensated on a salary basis at a rate of not less than the rate determined under sub. (3), exclusive of board, lodging, or other facilities, whose primary duty is management of the enterprise in which he or she is employed or a department or subdivision of that enterprise, who customarily and regularly directs the work of two or more other employees, and who has the authority to hire and fire other employees or whose suggestions and recommendations as to the hiring, firing, advancement, promotion, or any other change in status of other employees are given particular weight. In this paragraph, "customarily and regularly directs" means to direct with a frequency that is greater than occasional, but not necessarily constant, including direction that is normally and recurrently performed every work week, but not including isolated or one-time direction.

SB21-SSA1-SA46,6,11 (d) "Employee employed in a bona fide professional capacity" means an employee who is compensated on a salary or fee basis at a rate of not less than the rate determined under sub. (3), exclusive of board, lodging, or other facilities and whose primary duty is the performance of work requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction or requiring invention, imagination, originality, or talent in a recognized field of artistic or creative endeavor.

SB21-SSA1-SA46,6,13 (e) "Exempt employee" means an employee employed in a bona fide administrative, executive, or professional capacity.

SB21-SSA1-SA46,6,17 (f) "Primary duty" means the principal, main, major, or most important duty that an employee performs as determined on the basis of all the factors in a particular case, with the major emphasis on the character of the employee's job as a whole, including all of the following factors:

SB21-SSA1-SA46,6,19 1. The relative importance of the employee's duties as an exempt employee as compared to other types of duties.

SB21-SSA1-SA46,6,21 2. The amount of time spent by the employee performing the duties of an exempt employee.

SB21-SSA1-SA46,6,22 3. The employee's relative freedom from direct supervision.

SB21-SSA1-SA46,6,25 4. The relationship between the employee's salary and the wages paid to other employees for the kind of work, other than the work of an exempt employee, performed by the employee.

SB21-SSA1-SA46,7,5 (2) Exempt employees. In promulgating rules under s. 103.02 (2) classifying periods of time into periods to be paid for at regular rates and periods to be paid for at a rate of at least 1.5 times the regular rates, the department shall exempt from the application of those rules employees employed in a bona fide administrative, executive, or professional capacity.

SB21-SSA1-SA46,7,17 (3) Pay rate determination. (a) For the purpose of sub. (1) (b), (c), and (d), the rate of compensation shall be $970 per week until the first day of the 18th month beginning after the effective date of this paragraph .... [LRB inserts date]. By the first day of the 18th month beginning after the effective date of this paragraph .... [LRB inserts date], and annually thereafter, the department shall, subject to par. (c), promulgate rules to revise that rate. The department shall revise the rate of compensation by calculating the percentage difference between the consumer price index for the 12-month period ending on the last day of the last month for which that information is available and the consumer price index for the 12-month period ending on the last day of the month 12 months prior to that month, adjusting the rate then in effect by that percentage difference, and rounding that result to the nearest multiple of 5 cents.

SB21-SSA1-SA46,7,25 (b) The department may use the emergency rule procedures under s. 227.24 to promulgate the rules required under par. (a). Notwithstanding s. 227.24 (1) (a) and (3), the department may promulgate those rules as emergency rules without providing evidence that promulgating those rules as emergency rules is necessary to preserve the public peace, health, safety, or welfare and without a finding of emergency. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., the department is not required to prepare a statement of the scope of those rules or to submit those rules in final draft form to the governor for approval.

SB21-SSA1-SA46,8,4 (c) Paragraph (a) does not apply if the consumer price index for the 12-month period ending on the last day of the last month for which that information is available has not increased over the consumer price index for the 12-month period ending on the last day of the month 12 months prior to that month.

SB21-SSA1-SA46,5 Section 5. 103.03 of the statutes is amended to read:

SB21-SSA1-SA46,8,15 103.03 Violations; penalty. The employment of any person in any employment or place of employment at any time other than the permissible hours of labor shall be prima facie evidence of a violation of this section Any employer that violates s. 103.02 or 103.023 is subject to the penalties under s. 103.005 (12). Every day for each person employed, and every week for each person employed, during which any employer fails to observe or to comply with any order of the department, or to perform any duty enjoined by ss. 103.01 to 103.03 required by s. 103.02 or 103.023, shall constitute a separate offense. Section 111.322 (2m) applies to discharge or other discriminatory acts arising in connection with any proceeding under s. 103.02 or 103.023.

SB21-SSA1-SA46,6 Section 6. 103.06 (1) (b) 5. of the statutes is amended to read:

SB21-SSA1-SA46,8,19 103.06 (1) (b) 5. For purposes of maintaining records under sub. (3) (a) 4. as required under rules promulgated under s. 104.04 104.035, an employee, as defined in s. 104.01 (2).

SB21-SSA1-SA46,7 Section 7. 103.06 (1) (c) 5. of the statutes is amended to read:

SB21-SSA1-SA46,8,23 103.06 (1) (c) 5. For purposes of maintaining records under sub. (3) (a) 4. as required under rules promulgated under s. 104.04 104.035, an employer, as defined in s. 104.01 (3).

SB21-SSA1-SA46,8 Section 8. 103.06 (3) (a) 4. of the statutes is amended to read:

SB21-SSA1-SA46,9,5 103.06 (3) (a) 4. That the employer is maintaining records of the hours worked by its employees, the wages paid to those employees, any deductions from those wages, and any other information that the employer is required to keep under rules promulgated under s. 103.02 or 104.04 104.035, and is listing deductions from wages as required under s. 103.457.

SB21-SSA1-SA46,9 Section 9. 103.06 (4) (a) 1. of the statutes is amended to read:

SB21-SSA1-SA46,9,13 103.06 (4) (a) 1. Enter and inspect any place of business or place of employment and examine and copy any records that the employer is required to keep under rules promulgated under s. 103.02 or 104.04 104.035; any books, registers, payroll records, records of wage withholdings, records of work activity and hours of work, and records or indicia of the employment status of persons performing work for the employer; and any other records relating to compliance with the requirements specified in sub. (3) (a).

SB21-SSA1-SA46,10 Section 10. 103.67 (2) (fm) 3. of the statutes is amended to read:

SB21-SSA1-SA46,9,16 103.67 (2) (fm) 3. The minor is paid the applicable minimum wage under ch. 104 s. 104.035 or under federal law, whichever is greater, for the work.

SB21-SSA1-SA46,11 Section 11. 103.70 (2) (b) 3. of the statutes is amended to read:

SB21-SSA1-SA46,9,19 103.70 (2) (b) 3. The minor is paid the applicable minimum wage under ch. 104 s. 104.035 or under federal law, whichever is greater, for the work.

SB21-SSA1-SA46,12 Section 12. 104.001 (1) of the statutes is amended to read:

SB21-SSA1-SA46,9,25 104.001 (1) The legislature finds that the provision of a living minimum wage that is uniform throughout the state is a matter of statewide concern and that the enactment of a living minimum wage ordinance by a city, village, town, or county would be logically inconsistent with, would defeat the purpose of, and would go against the spirit of this chapter. Therefore, this chapter shall be construed as an enactment of statewide concern for the purpose of providing a living minimum wage that is uniform throughout the state.

SB21-SSA1-SA46,13 Section 13. 104.001 (2) of the statutes is amended to read:

SB21-SSA1-SA46,10,6 104.001 (2) A city, village, town, or county may not enact and administer an ordinance establishing a living minimum wage. Any city, village, town, or county living minimum wage ordinance that is in effect on June 16, 2005, is void.

SB21-SSA1-SA46,14 Section 14. 104.01 (intro.) of the statutes is amended to read:

SB21-SSA1-SA46,10,9 104.01 Definitions. (intro.) The following terms as used in In this chapter shall be construed as follows:

SB21-SSA1-SA46,15 Section 15. 104.01 (1) of the statutes is renumbered 104.01 (1m).

SB21-SSA1-SA46,16 Section 16. 104.01 (1d) of the statutes is created to read:

SB21-SSA1-SA46,10,13 104.01 (1d) "Agricultural employee" means an employee who is employed in the operation of farm premises, as described in s. 102.04 (3).

SB21-SSA1-SA46,17 Section 17. 104.01 (1g) of the statutes is created to read:

SB21-SSA1-SA46,10,18 104.01 (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, all items, not seasonally adjusted, as determined by the bureau of labor statistics of the U.S. department of labor.

SB21-SSA1-SA46,18 Section 18. 104.01 (5) of the statutes is repealed.

SB21-SSA1-SA46,19 Section 19. 104.01 (5m) of the statutes is created to read:

SB21-SSA1-SA46,10,22 104.01 (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.