SB495: Bill Text

SB495,7,19 (3) The determination of hours worked by an employe during which the em ploye is entitled to a living wage under this chapter.

SB495, s. 12 Section 12. 104.05 of the statutes is amended to read:

SB495,8,2 104.05 Complaints; investigation. The department shall, within 20 days after the filing of a verified complaint of any person setting forth alleging that the wages paid to any employe in any occupation are not sufficient to enable the employe to maintain himself or herself under conditions consistent with his or her welfare, investigate and determine whether there is reasonable cause to believe that the wage paid to any the employe is not a living-wage living wage.

SB495, s. 13 Section 13. 104.06 of the statutes is amended to read:

SB495,8,11 104.06 Wage council; determination. If, upon investigation, the depart ment finds that there is reasonable cause to believe that the wages paid to any em ploye are not a living-wage living wage, it shall appoint a wage council, selected so as fairly to represent employers, employes and the public, to assist in its investiga tions and determinations. The living-wage department may use the results of an investigation under this section to establish a living wage. A living wage so deter mined upon shall be the living-wage living wage for all employes within the same class as established by the classification of the department under s. 104.04.

SB495, s. 14 Section 14. 104.07 (1) and (2) of the statutes are amended to read:

SB495,8,17 104.07 (1) The department shall make promulgate rules and grant licenses, to any employer who employs any employe who is unable to earn the living-wage there tofore determined upon, permitting such person to a living wage so that the employe may work for a wage which shall be that is commensurate with the employe's ability, and each license so granted shall establish a wage for the licensee employe.

SB495,8,24 (2) The department shall make promulgate rules and grant licenses to any sheltered workshops to permit the employment of workshop that employs any handi capped workers worker who is unable to earn the living-wage theretofore deter mined upon permitting such persons to a living wage so that the handicapped worker may work for a wage which shall be that is commensurate with his or her ability and productivity. A license granted to a sheltered workshop, under this section, may be issued for the entire workshop or a department thereof.

SB495, s. 15 Section 15. 104.08 (1) of the statutes is renumbered 104.08 (2) and amended to read:

SB495,9,6 104.08 (2) All persons Any person working in an occupation a trade industry for which a living-wage living wage has been established for minors, and who shall have has no trade, shall, if employed in an occupation which is a trade industry, be indentured under the provisions of s. 106.01.

SB495, s. 16 Section 16. 104.08 (1) (b) of the statutes is created to read:

SB495,9,10 104.08 (1) (b) "Trade industry" means an industry involving physical labor and characterized by mechanical skill and training such as render a period of instruction reasonably necessary.

SB495, s. 17 Section 17. 104.08 (2) of the statutes is renumbered 104.08 (1) (intro.) and amended to read:

SB495,9,14 104.08 (1) (intro.) A "trade" or a "trade industry" within the meaning of ss. 104.01 to 104.12 shall be a trade or In this section:

SB495,9,17 (a) "Trade" means an industry occupation involving physical labor and charac terized by mechanical skill and training such as render a period of instruction rea sonably necessary.

SB495,9,19 (3) (a) The department shall investigate, determine and declare what occupa tions and industries are included within the phrase a "trade" or a "trade industry".

SB495, s. 18 Section 18. 104.08 (3) of the statutes is renumbered 104.08 (3) (b).

SB495, s. 19 Section 19. 104.10 of the statutes is amended to read:

SB495,9,25 104.10 Penalty for intimidating witness. Any employer who discharges or threatens to discharge, or in any way discriminates, or threatens to discriminate against any employe because the employe has testified or is about to testify, or be cause the employer believes that the employe may testify, in any investigation or pro ceeding relative to the enforcement of ss. 104.01 to 104.12 this chapter, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of $25 $500 for each offense.

SB495, s. 20 Section 20. 104.11 of the statutes is amended to read:

SB495,10,8 104.11 Definition of violation. Each day during which any an employer shall employ employs a person for whom a living-wage living wage has been fixed established at a wage less than the living-wage fixed established living wage shall constitute a separate and distinct violation of ss. 104.01 to 104.12 this chapter.

SB495, s. 21 Section 21. 104.12 of the statutes is amended to read:

SB495,10,15 104.12 Complaints. Any person may register with the department a com plaint that the wages paid to employes for whom a living-wage living wage has been established are less than that rate, and the department shall investigate the matter and take all proceedings necessary to enforce the payment of a wage not less than the living-wage a living wage. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.

SB495, s. 22 Section 22. 800.09 (1) (b) of the statutes is amended to read:

SB495,11,5 800.09 (1) (b) If the defendant agrees to perform community service work in lieu of making restitution or paying the forfeiture, assessments and costs, or both, the court may order that the defendant perform community service work for a public agency or a nonprofit charitable organization that is designated by the court. Com munity service work may be in lieu of restitution only if also agreed to by the public agency or nonprofit charitable organization and by the person to whom restitution is owed. The court may utilize any available resources, including any community service work program, in ordering the defendant to perform community service work. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the forfeiture by the minimum wage es tablished under ch. 104 for adults in nonagriculture, nontipped employment s. 104.035 (1). The court shall ensure that the defendant is provided a written state ment of the terms of the community service order and that the community service order is monitored.

SB495, s. 23 Section 23. 800.095 (4) (b) 3. of the statutes is amended to read:

SB495,11,19 800.095 (4) (b) 3. That the defendant perform community service work for a public agency or a nonprofit charitable organization designated by the court, except that the court may not order the defendant to perform community service work un less the defendant agrees to perform community service work and, if the community service work is in lieu of restitution, unless the person to whom the restitution is owed agrees. The court may utilize any available resources, including any communi ty service work program, in ordering the defendant to perform community service work. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the forfeiture or restitution, or both, by the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment s. 104.035 (1). The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.

SB495, s. 24 Section 24. Effective date.

SB495,11,22 (1)  This act takes effect on May 1, 1996, or on the first day of the first month beginning after publication, whichever is later.

SB495,11,23 (End)