Amendment SA2-AB748

AB748-SA2,71,12 37. Page 8, line 17: after that line insert:

AB748-SA2,71,14 “(2) Except as provided in subsection (4), the treatment of section 103.105 (7) of the statutes first applies to wages earned on January 1, 2021.

AB748-SA2,71,18 (3) Except as provided in subsection (4), the treatment of section 103.105 (2) (a) and (c) of the statutes first applies to a period of family leave, as defined in section 103.105 (1) (h) of the statutes, or a period of medical leave, as defined in section 103.105 (1) (L) of the statutes, commencing on January 1, 2022.

AB748-SA2,72,3 (4) The treatment of sections 20.445 (1) (w), 25.17 (1) (er), 25.52, 71.05 (6) (b) 54., 103.10 (1) (ap), (b), (c), (dm), (dp), and (gm), (1m) (b) 4., (3) (a) 1. and (b) 3. and 4., (6) (b) (intro.) and 1. and (c), (7) (a), (b) (intro.) and 1., and (d), (12) (c), and (14) (a), 103.105, and 111.322 (2m) (a) and (b) of the statutes, the repeal of section 103.10 (1) (a) 1. and 2. and (14) (b) of the statutes, and the renumbering and amendment of section 103.10 (1) (a) (intro.) of the statutes first apply to an employee who is affected by a collective bargaining agreement that contains provisions inconsistent with this act on the day on which the collective bargaining agreement expires or is extended, modified, or renewed.”.

AB748-SA2,72,4 38. Page 8, line 17: after that line insert:

AB748-SA2,72,9 “(2m) The appropriate provisions regarding prevailing wage first apply, with respect to a project of public works that is subject to bidding, to a project for which the request for bids is issued on the effective date of this subsection and, with respect to a project of public works that is not subject to bidding, to a project the contract for which is entered into on the effective date of this subsection.

AB748-SA2,72,12 (3m) The treatment of sections 66.0903 (10) (d), 111.322 (2m) (c), and 229.8275 of the statutes first applies to acts of discrimination that occur on the effective date of this subsection.”.

AB748-SA2,72,13 39. Page 8, line 17: after that line insert:

AB748-SA2,72,17 “(2m) The treatment of sections 109.09 (1) (with respect to the receipt and investigation of a wage claim) and (2) (b) 3., 109.11 (1) (a), (b), and (c), (2) (a) and (b), and (4), and 893.44 (1) and (2) of the statutes first applies to wages earned on the effective date of this subsection.

AB748-SA2,72,20 (3m) The treatment of sections 109.03 (5) and 109.09 (1) (with respect to the filing of a wage claim) of the statutes first applies to a wage claim action commenced or a wage claim filed on the effective date of this subsection.

AB748-SA2,72,23 (4m) The treatment of sections 103.40 and 109.01 (3m) of the statutes first applies to an employee hired on, or a change in a term of employment effective 7 days after, the effective date of this subsection.

AB748-SA2,73,3 (5m) The treatment of section 103.35 (3) of the statutes first applies to an application for issuance or renewal of a professional or occupational license filed on the effective date of this subsection.”.

AB748-SA2,73,4 40. At the appropriate places, insert all of the following:

AB748-SA2,73,5 “ Section 81. 20.445 (1) (gs) of the statutes is created to read:

AB748-SA2,73,7 20.445 (1) (gs) Wage claim surcharges. All moneys received from surcharges collected under s. 109.11 (4), for the administration of ch. 109.

AB748-SA2,82 Section 82. 103.34 (6) (d) of the statutes is amended to read:

AB748-SA2,73,11 103.34 (6) (d) A traveling sales crew worker who is owed compensation may file a wage claim with the department under s. 109.09 (1) (a) or may bring an action under s. 109.03 (5) without first filing a wage claim with the department.

AB748-SA2,83 Section 83. 103.35 of the statutes is renumbered 103.35 (2) and amended to read:

AB748-SA2,74,2 103.35 (2) No state office, department, board, examining board, affiliated credentialing board, commission, council or independent agency in the executive branch, the legislature or the courts may, as a condition for receiving an occupational or professional certificate, license, permit or registration, require the submission of information by the applicant which is not essential for the determination of licensing agency may require an applicant for issuance or renewal of a license to submit any information that is not essential for the licensing agency to determine the applicant's eligibility for the issuance or renewal of the certificate, license, permit or registration. Information which. A licensing agency may request information that is not essential for the licensing agency to determine an applicant's eligibility for issuance or renewal may be requested of a license, but the licensing agency shall notify the applicant shall be notified in a prominent place on or accompanying the request that she or he is not required to provide such information.

AB748-SA2,84 Section 84. 103.35 (1) of the statutes is created to read:

AB748-SA2,74,4 103.35 (1) In this section:

AB748-SA2,74,6 (a) “License" means an occupational or professional certificate, license, permit, or registration.

AB748-SA2,74,9 (b) “Licensing agency" means a state office, department, board, examining board, affiliated credentialing board, commission, council, or independent agency in the executive branch, the legislature, or the courts.

AB748-SA2,85 Section 85. 103.35 (3) of the statutes is created to read:

AB748-SA2,74,19 103.35 (3) A licensing agency shall require an applicant for issuance or renewal of a license to disclose whether there are any judgments under s. 109.03 (5) or 109.09 (1) against the applicant that the applicant has not paid. A licensing agency shall use the circuit court automated information systems established under s. 758.19 (4) to verify the applicant's disclosure. If there are any judgments under s. 109.03 (5) or 109.09 (1) against the applicant that the applicant has not paid, the licensing agency shall determine that the applicant is ineligible for issuance or renewal of the license, unless the applicant demonstrates that the applicant has the willingness and ability to pay the judgment.

AB748-SA2,86 Section 86. 103.40 of the statutes is created to read:

AB748-SA2,75,3 103.40 Terms of employment; disclosure statement. (1) Disclosure statement required. An employer shall provide an employee with a written statement disclosing the terms of employment at the time the employee is hired, on January 1 of each year in which the employee is employed by the employer, and not less than 7 days before the effective date of any change in the terms of employment. The written disclosure statement shall be in English and, if the employee has limited English proficiency, in the employee's native language. The written disclosure statement shall include all of the following information:

AB748-SA2,75,4 (a) The full name, mailing address, and telephone number of the employer.

AB748-SA2,75,7 (b) The remuneration to be paid to the employee, the frequency of payment of that remuneration, and, if that remuneration is paid as an hourly wage, the hourly basic rate of pay to be paid to the employee.

AB748-SA2,75,11 (c) The circumstances under which the employee will be paid at a rate that is higher than the hourly basic rate of pay for working in excess of an established number of hours per day, per week, or per month or for working on designated nights, weekends, or holidays.

AB748-SA2,75,17 (d) A description of any other economic benefits that the employer will provide, including health insurance benefits, paid sick leave, vacation pay, holiday pay, pension or other retirement benefits, personal protective equipment that is required for the performance of the employee's work, worker's compensation coverage, or unemployment insurance, whether an employee contribution will be required for those benefits, and, if so, the amount of that employee contribution.

AB748-SA2,75,20 (2) Waiver prohibited. Any agreement between an employer and an employee purporting to waive or modify the written disclosure statement requirement under sub. (1) or any term of employment specified in such a statement is void.

AB748-SA2,75,25 (3) Noncompliance; enforcement. (a) Any employer that fails to provide a written disclosure statement to an employee as required under sub. (1) or that fails to comply with the terms of employment specified in a written disclosure statement provided to an employee under sub. (1) is liable to the employee for all of the following:

AB748-SA2,76,3 1. All actual damages, including any wage claim or wage deficiency, sustained by the employee as a result of the employer's failure to provide that statement or to comply with those terms.

AB748-SA2,76,7 2. Liquidated damages of not more than $50 for each working day that the employer fails to provide that statement or to comply with those terms or, if applicable, the increased wages payable under s. 109.11 (2) (a) or (b), whichever is greater.

AB748-SA2,76,8 3. Reasonable costs and attorney fees, notwithstanding s. 814.04.

AB748-SA2,76,14 (b) In addition to the liability specified in par. (a) 1. to 3., the department or the circuit court may order an employer that fails to provide a written disclosure statement to an employee as required under sub. (1) or that fails to comply with the terms of employment specified in a written disclosure statement provided to an employee under sub. (1) to take such action as will effectuate the purpose of this section.

AB748-SA2,76,19 (c) An employee who is affected by a violation of par. (a) may file a wage claim with the department under s. 109.09 (1) (a) or may bring an action under s. 109.03 (5) without first filing a wage claim with the department under s. 109.09 (1) (a). Section 111.322 applies to any discharge or other discriminatory acts arising in connection with any proceeding under this section.

AB748-SA2,87 Section 87. 109.01 (3m) of the statutes is created to read:

AB748-SA2,76,25 109.01 (3m) “Wage claim" includes a claim under s. 103.40 (3) (c) that an employer has failed to provide a written disclosure statement to an employee as required under s. 103.40 (1) or has failed to comply with the terms of employment specified in a written disclosure statement provided to an employee under s. 103.40 (1).

AB748-SA2,88 Section 88. 109.03 (5) of the statutes is amended to read:

AB748-SA2,77,14 109.03 (5) Enforcement. Except as provided in sub. (1), no employer may by special contract with employees or by any other means secure exemption from this section. Each employee shall have a right of action against any employer for the full amount of the employee's wages due on each regular pay day as provided in this section and for interest on that amount and increased wages as provided in s. 109.11 (2), in any court of competent jurisdiction. An employee may bring an action under this subsection on his or her own behalf and on behalf of other employees similarly situated who consent in writing to being parties to the action. Such a consent shall be filed with the court. An employee may bring an action against an employer under this subsection without first filing a wage claim with the department under s. 109.09 (1) (a). An employee who brings an action against an employer under this subsection shall have a lien upon all property of the employer, real or personal, located in this state as described in s. 109.09 (2).

AB748-SA2,89 Section 89. 109.09 (1) of the statutes, as affected by 2017 Wisconsin Act 59, is renumbered 109.09 (1) (a) and amended to read:

AB748-SA2,78,2 109.09 (1) (a) The department shall investigate and attempt equitably to adjust controversies between employers and employees as to alleged wage claims. An employee may file a wage claim under this paragraph on his or her own behalf and on behalf of other employees similarly situated who consent in writing to being parties to the claim. Such a consent shall be filed with the department. The department may receive and investigate any wage claim that is filed with the department, or received by the department under s. 109.10 (4), no later than 2 4 years after the date the wages are due. The department may, after After receiving a wage claim, the department may investigate any wages due from the employer against whom the claim is filed to any employee during the period commencing 2 4 years before the date the claim is filed.

AB748-SA2,78,13 (b) The department shall enforce this chapter and s. 66.0903, 2013 stats., s. 103.49, 2013 stats., s. 229.8275, 2013 stats., and s. 16.856, 2015 stats., and ss. 103.02, 103.40, 103.82, and 104.12. In pursuance of this duty, the department may sue the employer on behalf of the employee to collect any wage claim or wage deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions under s. 109.10, the department may refer such an action to the district attorney of the county in which the violation occurs occurred for prosecution and collection and the district attorney shall commence an action in the circuit court having appropriate jurisdiction. Any number of wage claims or wage deficiencies against the same employer may be joined in a single proceeding, but the court may order separate trials or hearings.

AB748-SA2,78,18 (c) In actions that are referred to a district attorney under this subsection par. (b), any taxable costs recovered by the district attorney shall be paid into the general fund of the county in which the violation occurs and used by that county to meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office of the district attorney who prosecuted the action.

AB748-SA2,90 Section 90. 109.09 (2) (a) of the statutes is amended to read:

AB748-SA2,78,24 109.09 (2) (a) The department of workforce development, under its authority under sub. (1) (b) to maintain actions for the benefit of employees, or an employee who brings an action under s. 109.03 (5) shall have a lien upon all property of the employer, real or personal, located in this state for the full amount of any wage claim or wage deficiency.

AB748-SA2,91 Section 91. 109.09 (2) (b) 3. of the statutes is amended to read:

AB748-SA2,79,5 109.09 (2) (b) 3. The department of workforce development or employee must file the notice under subd. 1. or 2. within 2 4 years after the date on which the wages were due. The notice shall specify the nature of the claim and the amount claimed, describe the property upon which the claim is made, and state that the person filing the notice claims a lien on that property.

AB748-SA2,92 Section 92. 109.09 (2) (c) 2. of the statutes is amended to read:

AB748-SA2,79,16 109.09 (2) (c) 2. Except as provided in this subdivision, a lien under par. (a) does not take precedence over a lien of a commercial lending institution against the employer that originates before the lien under par. (a) takes effect. Subject to subd. 3., a lien under par. (a) takes precedence over a lien of a commercial lending institution against the employer that originates before the lien under par. (a) takes effect only as to the first $3,000 of unpaid wages covered under the lien that are earned by an employee within the 6 months preceding the date on which the employee files the wage claim under sub. (1) (a) or brings the action under s. 109.03 (5) or the date on which the department receives the wage claim under s. 109.10 (4) (a), whichever is applicable.

AB748-SA2,93 Section 93. 109.11 (title) of the statutes is amended to read:

AB748-SA2,79,18 109.11 (title) Penalties and surcharge.

AB748-SA2,94 Section 94. 109.11 (1) (a) of the statutes is amended to read:

AB748-SA2,79,25 109.11 (1) (a) In adjusting a controversy between an employer and an employee as to an alleged wage claim filed with the department under s. 109.09 (1) (a), the department may compromise and settle that wage claim for such sum as may be agreed upon between the department, the employee, and the employer plus interest on that sum at the rate of 2 percent per month for each month that the wages were due and unpaid and the surcharge specified in sub. (4).

AB748-SA2,95 Section 95. 109.11 (1) (b) of the statutes is renumbered 109.11 (1) (b) 1. and amended to read:

AB748-SA2,80,12 109.11 (1) (b) 1. If the department finds that a wage claim is valid, the department may instruct the employer against whom the wage claim is filed to audit his or her payroll records to determine whether the employer may be liable for any other wage claims that are of the same type as the wage claim that prompted the audit instruction. If after the requested completion date of the audit the department receives a wage claim against the employer that is of the same type as the wage claim that prompted the audit instruction and if the department determines that the subsequent wage claim is valid, the department may audit the employer's payroll records to determine whether the employer may be liable for any other wage claims that are of the same type as the wage claim that prompted the audit instruction.

AB748-SA2,81,2 2. For any valid wage claim that is filed against an employer after the department has instructed the employer to audit his or her payroll records under this paragraph subd. 1. and that is of the same type as the wage claim that prompted the audit instruction and for any valid wage claim that is discovered as a result of the department's audit under this paragraph subd. 1. and that is of the same type as the wage claim that prompted the audit instruction, the department shall require the employer to pay, in addition to the amount of wages due and unpaid, increased wages of not more than 50 percent of the amount of wages due and unpaid , interest on the amount of wages due and unpaid at the rate of 2 percent per month for each month that the wages were due and unpaid, and the surcharge specified in sub. (4), unless the employer shows the department that payment of the increased wages , interest, or surcharge would cause extreme hardship. The department shall require an employer to make that payment without regard to whether the employer's failure to pay the wages due and unpaid was intentional or unintentional.

AB748-SA2,96 Section 96. 109.11 (1) (c) of the statutes is amended to read:

AB748-SA2,81,10 109.11 (1) (c) If an employer does not agree to compromise and settle a wage claim under this subsection, the department may refer the wage claim to a district attorney under s. 109.09 (1) (b) or to the department of justice under s. 109.10 (3) for commencement of an action in circuit court to collect the amount of wages due and unpaid plus interest on that amount at the rate of 2 percent per month for each month that the wages were due and unpaid, increased wages as specified in sub. (2) (b), and the surcharge specified in sub. (4).

AB748-SA2,97 Section 97. 109.11 (2) (a) of the statutes is amended to read:

AB748-SA2,81,23 109.11 (2) (a) In a wage claim action that is commenced by an employee before the department has completed its investigation under s. 109.09 (1) (a) and its attempts to compromise and settle the wage claim under sub. (1), a circuit court may order the employer to pay to the employee, in addition to the amount of wages due and unpaid and in addition to or in lieu of the criminal penalties specified in sub. (3), increased wages of not more than 50 100 percent of the amount of wages due and unpaid, interest on the amount of wages due and unpaid at the rate of 2 percent per month for each month that the wages were due and unpaid, the surcharge specified in sub. (4), and, notwithstanding s. 814.04, reasonable costs and attorney fees. A circuit court may order an employer to make that payment without regard to whether the employer's failure to pay the wages due and unpaid was intentional or unintentional.

AB748-SA2,98 Section 98. 109.11 (2) (b) of the statutes is amended to read:

AB748-SA2,82,12 109.11 (2) (b) In a wage claim action that is commenced after the department has completed its investigation under s. 109.09 (1) (a) and its attempts to settle and compromise the wage claim under sub. (1), a circuit court may order the employer to pay to the employee, in addition to the amount of wages due and unpaid to an employee and in addition to or in lieu of the criminal penalties specified in sub. (3), increased wages of not more than 100 200 percent of the amount of those wages due and unpaid, interest on the amount of wages due and unpaid at the rate of 2 percent per month for each month that the wages were due and unpaid, the surcharge specified in sub. (4), and, notwithstanding s. 814.04, reasonable costs and attorney fees. A circuit court may order an employer to make that payment without regard to whether the employer's failure to pay the wages due and unpaid was intentional or unintentional.

AB748-SA2,99 Section 99. 109.11 (4) of the statutes is created to read:

AB748-SA2,83,2 109.11 (4) Surcharge. In addition to the amounts payable under sub. (1) (a) or (b) or (2) (a) or (b), the department shall require, or a circuit court shall order, an employer who fails to pay wages that are due and payable to an employee to pay to the department or circuit court a surcharge of $500 for a first violation, $750 for a 2nd violation, and $1,000 for a 3rd or subsequent violation. If the surcharge is required by the department, the department shall collect the surcharge, deposit the surcharge in the general fund, and credit the surcharge to the appropriation account under s. 20.445 (1) (gs). If the surcharge is ordered by the circuit court, the clerk of circuit court shall collect the surcharge and transmit the surcharge to the county treasurer under s. 59.40 (2) (m), the county treasurer shall pay the surcharge to the secretary of administration under s. 59.25 (3) (f) 2., and the secretary of administration shall deposit the surcharge in the general fund and credit the surcharge to the appropriation account under s. 20.445 (1) (gs).

AB748-SA2,100 Section 100. 111.322 (2m) (a) of the statutes is amended to read:

AB748-SA2,83,7 111.322 (2m) (a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 103.40, 103.455, 104.12, 109.03, 109.07, 109.075, 109.09, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB748-SA2,101 Section 101. 111.322 (2m) (b) of the statutes is amended to read:

AB748-SA2,83,12 111.322 (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, 103.28, 103.32, 103.34, 103.40, 103.455, 104.12, 109.03, 109.07, 109.075, 109.09, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB748-SA2,102 Section 102. 814.75 (28) of the statutes is created to read:

AB748-SA2,83,14 814.75 (28) The wage claim surcharge under s. 109.11 (4).

AB748-SA2,103 Section 103. 893.44 (1) of the statutes is amended to read:

AB748-SA2,83,19 893.44 (1) Any action to recover unpaid salary, wages or other compensation for personal services, except actions to recover fees for professional services and except as provided in sub. (2), shall be commenced within 2 4 years after the cause of action accrues or be barred.

AB748-SA2,104 Section 104. 893.44 (2) of the statutes is amended to read:

AB748-SA2,83,23 893.44 (2) An action to recover wages under s. 109.09 shall be commenced within 2 4 years after the claim is filed with the department of workforce development or be barred.”.

AB748-SA2,83,24 41. At the appropriate places, insert all of the following:

AB748-SA2,84,1 “ Section 105. 19.36 (12) of the statutes is created to read:

AB748-SA2,84,11 19.36 (12) Information relating to certain employees. Unless access is specifically authorized or required by statute, an authority may not provide access to a record prepared or provided by an employer performing work on a project to which s. 66.0903, 103.49, or 103.50 applies, or on which the employer is otherwise required to pay prevailing wages, if that record contains the name or other personally identifiable information relating to an employee of that employer, unless the employee authorizes the authority to provide access to that information. In this subsection, “personally identifiable information" does not include an employee's work classification, hours of work, or wage or benefit payments received for work on such a project.

AB748-SA2,106 Section 106. 66.0129 (5) of the statutes is amended to read:

AB748-SA2,84,17 66.0129 (5) Bids for construction. The nonprofit corporation shall let all contracts exceeding $1,000 for the construction, maintenance or repair of hospital facilities to the lowest responsible bidder after advertising for bids by the publication of a class 2 notice under ch. 985. Section Sections 66.0901 applies and 66.0903 apply to bids and contracts under this subsection.

AB748-SA2,107 Section 107. 66.0903 (1) (a), (am), (b), (cm), (dr), (em), (hm) and (im) of the statutes are created to read:

AB748-SA2,85,3 66.0903 (1) (a) “Area" means the county in which a proposed project of public works that is subject to this section is located or, if the department determines that there is insufficient wage data in that county, “area" means those counties that are contiguous to that county or, if the department determines that there is insufficient wage data in those counties, “area" means those counties that are contiguous to those counties or, if the department determines that there is insufficient wage data in those counties, “area" means the entire state or, if the department is requested to review a determination under sub. (3) (br), “area" means the city, village, or town in which a proposed project of public works that is subject to this section is located.

AB748-SA2,85,4 (am) “Bona fide economic benefit" has the meaning given in s. 103.49 (1) (am).

AB748-SA2,85,5 (b) “Department" means the department of workforce development.

AB748-SA2,85,6 (cm) “Insufficient wage data" has the meaning given in s. 103.49 (1) (bg).

AB748-SA2,85,14 (dr) “Minor service or maintenance work" means a project of public works that is limited to minor crack filling, chip or slurry sealing, or other minor pavement patching, not including overlays, that has a projected life span of no longer than 5 years or that is performed for a town and is not funded under s. 86.31, regardless of projected life span; the depositing of gravel on an existing gravel road applied solely to maintain the road; road shoulder maintenance; cleaning of drainage or sewer ditches or structures; or any other limited, minor work on public facilities or equipment that is routinely performed to prevent breakdown or deterioration.

AB748-SA2,85,16 (em) “Multiple-trade project of public works" has the meaning given in s. 103.49 (1) (br).