Amendment SA2-AB748

AB748-SA2,31,6 4. In deducting and withholding federal income taxes from an individual's benefit payments, follow all procedures specified by the federal internal revenue service pertaining to the deducting and withholding of federal income tax.

AB748-SA2,31,21 (7) Family and medical leave insurance trust fund. Each employee and each self-employed individual who elects coverage under sub. (2) (b) shall contribute to the family and medical leave insurance trust fund a percentage of his or her wages from employment or income from self-employment determined by the department under this subsection. In determining that percentage, the department shall consult with the commissioner of insurance, who shall recommend a percentage that is sufficient to finance the payment of benefits under sub. (2) (c) and the administration of the family and medical leave insurance program under this section. The department shall collect those contributions from employers and self-employed individuals who elect coverage under sub. (2) (b) in the same manner as the department collects contributions to the unemployment reserve fund under ss. 108.17 and 108.18. Section 108.10 applies to issues regarding liability of employers for contributions under this subsection. Contributions received under this subsection shall be deposited in the family and medical leave insurance trust fund and credited to the appropriation account under s. 20.445 (1) (w).

AB748-SA2,32,2 (8) Denial of claims; overpayments. (a) An individual whose claim for family or medical leave insurance benefits is denied by the department may request a hearing on the denial, and the department shall process the request for a hearing in the same manner that requests for hearings on unemployment insurance claims are processed under s. 108.09.

AB748-SA2,32,13 (b) If the department pays family or medical leave insurance benefits erroneously or as a result of willful misrepresentation, the department may seek repayment of those benefits in the same manner that the department recovers erroneous payments of unemployment insurance benefits under ss. 108.095, 108.22 (8), and 108.225. The department may waive recovery of an erroneous payment of family or medical leave insurance benefits if the erroneous payment was not the fault of the person who received it and if requiring repayment would be contrary to equity and good conscience. If an individual willfully makes a false statement or representation, or willfully fails to disclose a material fact, to obtain family or medical leave insurance benefits under this section, the individual is disqualified from receiving those benefits for one year after the date of the disqualification.

AB748-SA2,32,15 (9) Prohibited acts. (a) No person may interfere with, restrain, or deny the exercise of any right provided under this section.

AB748-SA2,32,20 (b) No person may discharge or otherwise discriminate against any person for exercising any right provided under this section, opposing a practice prohibited under this section, filing a complaint or attempting to enforce any right provided under this section, or testifying or assisting in any action or proceeding to enforce any right provided under this section.

AB748-SA2,33,9 (10) Enforcement. (a) Any person who believes that his or her rights under this section have been interfered with, restrained, or denied in violation of sub. (9) (a) or that he or she has been discharged or otherwise discriminated against in violation of sub. (9) (b) may, within 30 days after the violation occurs or the person should reasonably have known that the violation occurred, whichever is later, file a complaint with the department alleging the violation, and the department shall process the complaint in the same manner as complaints filed under s. 103.10 (12) (b) are processed. If the department finds that an employer has violated sub. (9) (a) or (b), the department may order the employer to take action to remedy the violation, including providing the requested family or medical leave, reinstating an employee, providing back pay accrued not more than 2 years before the complaint was filed, and paying reasonable actual attorney fees to the complainant. Section 111.322 (2m) applies to a discharge or other discriminatory act arising in connection with any proceeding under this paragraph.

AB748-SA2,33,14 (b) After the completion of an administrative proceeding under par. (a), including judicial review, an employee or the department may bring an action in circuit court against an employer to recover damages caused by a violation of sub. (9) (a) or (b). Section 103.10 (13) (b) applies to the commencement of an action under this paragraph.

AB748-SA2,33,17 (11) Administration. The department shall administer the family and medical leave insurance program under this section. In administering that program, the department shall do all of the following:

AB748-SA2,33,19 (a) Establish procedures and forms for the filing of claims for benefits under this section.

AB748-SA2,33,23 (b) Promulgate rules to implement this section. Those rules shall maintain consistency with the regulations specified in 29 CFR Part 825 and the rules promulgated by the department to implement s. 103.10 to the extent that those regulations and rules do not conflict with this section.

AB748-SA2,34,3 (c) Use information sharing and integration technology to facilitate the exchange of information as necessary for the department to perform its duties under this section. Notwithstanding s. 19.35 (1), individual personal information maintained by the department under this section is confidential and not open to public inspection and copying and may be disclosed only as follows:

AB748-SA2,34,5 1. On the request of the individual who is the subject of the information or the individual's authorized representative, to the individual or representative.

AB748-SA2,34,8 2. With the written permission of the individual who is the subject of the information or the individual's authorized representative, to a person named in the permission.

AB748-SA2,34,10 3. To a public employee for use in the performance of the public employee's official duties.

AB748-SA2,34,13 4. Under a court order or an order of a hearing examiner that is obtained upon prior notice to the department and a showing to the court or hearing examiner that the information is relevant to a pending court or administrative action.

AB748-SA2,34,18 (d) Conduct a public outreach campaign to inform employers, employees, self-employed individuals, and other covered individuals regarding the family and medical leave insurance program under this section. Information provided under this paragraph shall be provided in English and in any other language customarily spoken by more than 20 percent of the population of this state.

AB748-SA2,34,25 (e) By September 1 of each year, submit a report to the governor, the joint committee on finance, and the appropriate standing committees of the legislature under s. 13.172 (3) on the family and medical leave insurance program under this section. The report shall include the projected and actual rates of participation in the program, the premium rates for coverage under the program, the balance in the family and medical leave insurance trust fund under s. 25.52, and a description of the department's outreach efforts under par. (d).

AB748-SA2,35,5 (12) Notice posted. Each employer shall post, on its Internet site and in one or more conspicuous places where notices to employees are customarily posted, a notice in a form approved by the department setting forth employees' rights under this section. Any employer that violates this subsection shall forfeit not more than $100 for each violation.”.

AB748-SA2,35,6 16. Page 5, line 15: after “employer" insert “, subject to s. 103.105,".

AB748-SA2,35,7 17. Page 6, line 8: delete lines 8 to 19 and substitute:

AB748-SA2,35,8 “ Section 4m. 103.135 of the statutes is created to read:

AB748-SA2,35,12 103.135 Compensation information of employees and prospective employees. (1) Unlawful employer conduct related to prospective employee compensation information. (a) No employer may directly or indirectly do any of the following:

AB748-SA2,35,15 1. Rely on or, subject to par. (b), solicit from a prospective employee or a prospective employee's current or former employer information about the prospective employee's current or prior compensation.

AB748-SA2,35,18 2. Require that a prospective employee's current or prior compensation meet certain criteria in order for the prospective employee to be considered for employment.

AB748-SA2,35,24 3. Refuse to hire or employ or otherwise discriminate against a prospective employee in compensation or in the terms, conditions, or privileges of employment for opposing a practice prohibited under this paragraph, filing or indicating an intent to file a complaint or otherwise attempting to enforce any right under this paragraph, or testifying, assisting, or participating in any manner in any investigation, action, or proceeding to enforce any right under this paragraph.

AB748-SA2,36,4 (b) After an employer has offered employment to a prospective employee and the details of compensation have been agreed upon, the employer may obtain the prospective employee's written consent for the employer to solicit information about, or take action to confirm, the prospective employee's current or prior compensation.

AB748-SA2,36,8 (2) Disclosure of compensation information by employees. (a) An employee may disclose the details of the employee's compensation to anyone and, subject to par. (d), may discuss the compensation of other employees and may ask other employees for details regarding their compensation.

AB748-SA2,36,11 (b) Except as provided in par. (d), no employer may interfere with, restrain, or deny the exercise of the right of an employee to disclose, discuss, or inquire about compensation as provided in par. (a).

AB748-SA2,36,18 (c) An employer may not discharge or discriminate against an employee in promotion, in compensation, or in the terms, conditions, or privileges of employment for disclosing, discussing, or inquiring about compensation as provided in par. (a), opposing a practice prohibited under par. (b), filing or indicating an intent to file a complaint or otherwise attempting to enforce any right under par. (a), or testifying, assisting, or participating in any manner in any investigation, action, or proceeding to enforce any right under par. (a).

AB748-SA2,36,23 (d) Subject to s. 19.35, an employer may prohibit a human resources or payroll employee, a supervisor, or any other employee whose job responsibilities require or allow the employee access to other employees' compensation information from disclosing information about any other employee's compensation without that employee's prior written consent.

AB748-SA2,37,8 (3) Enforcement. Any employee or prospective employee who is refused employment, terminated, discharged, or otherwise discriminated against in violation of sub. (1) (a) or (2) (a) to (c) may file a complaint with the department, and the department shall process the complaint in the same manner that employment discrimination complaints are processed under s. 111.39. If the department finds that a violation has occurred, the department may order the employer to take action to remedy the violation, including reinstating the employee, providing compensation in lieu of reinstatement, providing back pay accrued not more than 2 years before the complaint was filed, and paying reasonable actual costs and, notwithstanding s. 814.04 (1), reasonable attorney fees to the complainant.

AB748-SA2,37,11 (4) Notice posted. (a) Each employer shall provide notice to employees and prospective employees regarding their rights under this section by doing all of the following:

AB748-SA2,37,14 1. Posting, in one or more conspicuous places where notices to employees are customarily posted, a notice in a form approved by the department setting forth employees' and prospective employees' rights under this section.

AB748-SA2,37,17 2. Including, on each listing for a job vacancy or other employment opportunity that is advertised by electronic mail, posting on an Internet site, or other electronic means, a notice that includes all of the following information:

AB748-SA2,37,19 a. A statement that the employer is prohibited from relying on a prospective employee's current or former compensation.

AB748-SA2,37,22 b. A statement that the employer is prohibited from asking about a prospective employee's compensation until after the employer has offered the prospective employee employment and they have agreed upon the details of compensation.

AB748-SA2,37,25 c. A statement that the employer is prohibited from requiring that a prospective employee's current or prior compensation meet certain criteria in order for the prospective employee to be considered for employment.

AB748-SA2,38,2 d. Information, or a hyperlink to information, regarding prohibited bases of discrimination under subch. II of ch. 111.

AB748-SA2,38,4 (b) Any employer who violates par. (a) shall forfeit not more than $100 for each offense.

AB748-SA2,38,11 (5) Statewide concern. (a) The legislature finds that this section is a matter of statewide concern and that the enactment of an ordinance by a city, village, town, or county regulating employment compensation information would be logically inconsistent with, would defeat the purpose of, and would go against the spirit of this section. Therefore, this section shall be construed as an enactment of statewide concern for the purpose of providing uniform regulation throughout the state regarding employment compensation information.”.

AB748-SA2,38,12 18. Page 6, line 20: delete “(3) (a)" and substitute “(b)".

AB748-SA2,38,13 19. Page 6, line 23: delete “(b)" and substitute “(bm)".

AB748-SA2,38,15 20. Page 7, line 2: after that line, on page 2, line 23, of the material inserted by assembly amendment 4, delete “this subsection" and substitute “par. (b) or (bm)".

AB748-SA2,38,16 21. Page 7, line 3: delete “104.001 (3)" and substitute “104.001".

AB748-SA2,38,17 22. Page 7, line 3: after that line insert:

AB748-SA2,38,18 “ Section 6m. 106.54 (11) of the statutes is created to read:

AB748-SA2,38,21 106.54 (11) The division shall receive complaints under s. 103.135 (1) (a) and (2) (a) to (c) and shall process the complaints in the same manner that employment discrimination complaints are processed under s. 111.39.”.

AB748-SA2,38,22 23. Page 7, line 17: before that line insert:

AB748-SA2,39,1 “ Section 7g. 111.322 (2m) (a) of the statutes is amended to read:

AB748-SA2,39,5 111.322 (2m) (a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.035, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB748-SA2,7r Section 7r. 111.322 (2m) (b) of the statutes is amended to read:

AB748-SA2,39,10 111.322 (2m) (b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.035, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.”.

AB748-SA2,39,11 24. Page 8, line 7: after that line insert:

AB748-SA2,39,12 “ Section 9g. 111.322 (2m) (a) of the statutes is amended to read:

AB748-SA2,39,16 111.322 (2m) (a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.10, 103.11, 103.13, 103.135, 103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB748-SA2,9r Section 9r. 111.322 (2m) (b) of the statutes is amended to read:

AB748-SA2,39,21 111.322 (2m) (b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.10, 103.11, 103.13, 103.135, 103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.”.

AB748-SA2,39,22 25. Page 8, line 8: before that line insert:

AB748-SA2,39,23 “ Section 9g. 111.322 (2m) (a) of the statutes is amended to read:

AB748-SA2,40,4 111.322 (2m) (a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.10, 103.105, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB748-SA2,9r Section 9r. 111.322 (2m) (b) of the statutes is amended to read:

AB748-SA2,40,9 111.322 (2m) (b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.10, 103.105, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.”.

AB748-SA2,40,10 26. Page 8, line 11: after that line insert:

AB748-SA2,40,11 “ Section 2. 230.01 (2) (bm) of the statutes is repealed.

AB748-SA2,3 Section 3. 230.01 (2) (bp) of the statutes is repealed.

AB748-SA2,4 Section 4. 230.04 (13m) of the statutes is repealed.

AB748-SA2,5 Section 5. 230.04 (14) of the statutes is amended to read:

AB748-SA2,40,17 230.04 (14) Except as provided in s. 230.445, the The administrator shall establish, by rule, the scope and minimum requirements of a state employee grievance procedure relating to conditions of employment.

AB748-SA2,6 Section 6. 230.04 (19) of the statutes is repealed.

AB748-SA2,7 Section 7. 230.046 (2) of the statutes is amended to read:

AB748-SA2,41,4 230.046 (2) Supervisory training. After initial appointment to a supervisory position, each appointing authority shall ensure that each classified service supervisor successfully completes a supervisory development program. A waiver of any part of the probationary period under s. 230.28 (1) (c) may not be granted before completion of the development program. The program shall include such subjects as state personnel policies, grievance handling, discipline, performance evaluation, understanding the concerns of state employees with children, the supervisor's role in management and the concept of the total quality leadership process, including quality improvement through participatory management.

AB748-SA2,8 Section 8. 230.05 (7) of the statutes is amended to read:

AB748-SA2,41,8 230.05 (7) The director shall use techniques and procedures designed to certify eligible applicants to any vacant permanent position within 30 45 days after the filing of an appropriate request by an appointing authority.

AB748-SA2,9 Section 9. 230.05 (10) of the statutes is repealed.

AB748-SA2,10 Section 10. 230.06 (1) (m) of the statutes is repealed.

AB748-SA2,11 Section 11. 230.06 (4) of the statutes is repealed.

AB748-SA2,12 Section 12. 230.08 (2) (c) of the statutes is amended to read:

AB748-SA2,41,22 230.08 (2) (c) The director, associate director, and state historian of the historical society; and, with the approval of the board of curators and the administrator, such number of specialists as are required by the society for specific research, writing, collecting, or editing projects which for a limited period of time not to exceed 2 years, renewable at the discretion of the board of curators and the administrator for an additional 2-year period, require persons with particular training or experience in a specialized phase or field of history, historical research, writing, collecting, or editing, and any persons whose entire salary is paid from funds reappropriated to the society by s. 20.245 (1) (r) where a competitive process examination is impractical.

AB748-SA2,13 Section 13. 230.12 (1) (h) of the statutes is amended to read:

AB748-SA2,42,2 230.12 (1) (h) Other pay, benefits, and working conditions. The compensation plan may include other provisions relating to pay, benefits, and working conditions that shall supersede the provisions of the civil service and other applicable statutes and rules promulgated by the director and the administrator.

AB748-SA2,14 Section 14. 230.13 (1) (a) of the statutes is amended to read:

AB748-SA2,42,5 230.13 (1) (a) Evaluations Examination scores and ranks and other evaluations of applicants, including any examination scores and rankings.

AB748-SA2,15 Section 15. 230.13 (3) (b) of the statutes is amended to read:

AB748-SA2,42,10 230.13 (3) (b) The administrator director and the director administrator may provide any agency with personnel information relating to the hiring and recruitment process, including specifically examination scores and ranks and other evaluations of applicants.

AB748-SA2,16 Section 16. 230.13 (3) (c) of the statutes is repealed.

AB748-SA2,17 Section 17. 230.15 (1) of the statutes is amended to read:

AB748-SA2,42,18 230.15 (1) Subject to the restriction under s. 230.143, appointments to, and promotions in, the classified service shall be made only according to merit and fitness, which shall be ascertained so far as practicable by competitive procedures examinations. The director may waive competitive procedures examinations for appointments made under subs. (1m) and (2) and shall waive competitive procedures examinations for appointments made under sub. (2m).

AB748-SA2,18 Section 18. 230.15 (1m) (c) 1. of the statutes is amended to read: