SB203: Bill Text

SB203,6,3 104.035 Minimum wage. (1) Employes generally. Except as provided in subs. (2) and (3) and s. 104.07, and subject to sub. (4), the minimum wage is whichever of the following applies:

SB203,6,6 (a) For wages earned beginning on the effective date of this paragraph .... [revisor inserts date], $5.50 per hour or the federal minimum hourly wage, whichever is greater.

SB203,6,8 (b) For wages earned in 1999, $6 per hour or the federal minimum hourly wage, whichever is greater.

SB203,6,14 (c) For wages earned after December 31, 1999, 50% of the national average hourly wage earned by nonsupervisory employes employed by private, nonagricultural employers, as determined by the bureau of labor statistics in the federal department of labor for November of the previous year, rounded to the nearest multiple of 5 cents or the federal minimum hourly wage, whichever is greater.

SB203,6,24 (2) Tipped employes. (a) Except as provided in sub. (3) and s. 104.07, and subject to par. (b) and sub. (4), for wages earned beginning on the effective date of this paragraph .... [revisor inserts date], the minimum wage for a tipped employe is $2.75 per hour or the federal minimum hourly wage, if any, for a tipped employe, whichever is greater; for wages earned in 1999 the minimum wage for a tipped employe is $3 per hour or the federal minimum hourly wage, if any, for a tipped employe, whichever is greater; and for wages earned after December 31, 1999, the minimum wage for a tipped employe is 50% of the minimum wage determined under sub. (1) (c) rounded to the nearest multiple of 5 cents or the federal minimum hourly wage, if any, for a tipped employe, whichever is greater.

SB203,7,5 (b) An employer may pay the minimum wage specified in par. (a) instead of the minimum wage specified in sub. (1) only if the employer establishes by his or her payroll records that, when adding the tips received by an employe to the wages under par. (a) paid to that employe, the employe receives not less than the applicable minimum wage specified in sub. (1).

SB203,7,7 (3) Minimum wage established by department. The department shall promulgate rules establishing the minimum wage for all of the following:

SB203,7,9 (a) A counselor employed at a seasonal recreational or educational camp, including a day camp, for campers under the age of 18.

SB203,7,11 (b) A person engaged in casual employment in and around an employer's home on an irregular or intermittent basis for not more than 15 hours per week.

SB203,7,15 (c) A person who lives with someone who has a physical or mental disability and who provides companionship, general household work and care, not including practical or professional nursing as defined in s. 441.11 (3) and (4), for that disabled person.

SB203,7,16 (d) A caddy on a golf course.

SB203,7,17 (e) An employe or handicapped worker covered under a license under s. 104.07.

SB203,7,18 (f) A student learner.

SB203,7,20 (4) Department may revise. The department may promulgate rules to increase a minimum wage established under sub. (1) or (2).

SB203, s. 12 Section 12. 104.04 of the statutes is amended to read:

SB203,8,9 104.04 Classifications; department's authority. The department shall investigate, ascertain, determine and fix such reasonable classifications, and shall impose general or special orders, determining the living-wage living wage, and shall carry out the purposes of ss. 104.01 to 104.12 this chapter. Such investigations, classifications and orders shall be made as provided under s. 103.005, and the penalties specified in s. 103.005 (12) shall apply to and be imposed for any violation of ss. 104.01 to 104.12. In determining the living-wage, the department may consider the effect that an increase in the living-wage might have on the economy of the state, including the effect of a living-wage increase on job creation, retention and expansion, on the availability of entry-level jobs and on regional economic conditions within the state this chapter. The department may not establish a different minimum wage for men and women. Said orders shall be subject to review in the manner provided in ch. 227.

SB203, s. 13 Section 13. 104.045 of the statutes is renumbered 104.045 (intro.) and amended to read:

SB203,8,14 104.045 (title) Tipped employes Tips, meals and lodging, and hours worked. (intro.) The department shall by rule determine what amount of promulgate rules governing all of the following:

SB203,8,16 (1) The counting of tips or similar gratuities may be counted toward fulfillment of the employer's obligation under this chapter.

SB203, s. 14 Section 14. 104.045 (2) and (3) of the statutes are created to read:

SB203,8,19 104.045 (2) The deduction of meals or lodging provided by an employer to an employe from the employer's obligations under this chapter.

SB203,8,21 (3) The determination of hours worked by an employe during which the employe is entitled to a living wage under this chapter.

SB203, s. 15 Section 15. 104.05 of the statutes is amended to read:

SB203,9,3 104.05 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.

SB203, s. 16 Section 16. 104.06 of the statutes is amended to read:

SB203,9,12 104.06 Wage council; determination. If, upon investigation, the department finds that there is reasonable cause to believe that the wages paid to any employe 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 investigations 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 determined 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.

SB203, s. 17 Section 17. 104.07 (1) and (2) of the statutes are amended to read:

SB203,9,19 104.07 (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 theretofore 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.

SB203,9,24 (2) The department shall make promulgate rules and grant licenses to any sheltered workshops to permit the employment of workshop that employs any handicapped workers worker who is unable to earn the living-wage theretofore determined 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.

SB203, s. 18 Section 18. 104.08 (1) of the statutes is renumbered 104.08 (2) and amended to read:

SB203,10,8 104.08 (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.

SB203, s. 19 Section 19. 104.08 (1) (b) of the statutes is created to read:

SB203,10,12 104.08 (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.

SB203, s. 20 Section 20. 104.08 (2) of the statutes is renumbered 104.08 (1) (intro.) and amended to read:

SB203,10,16 104.08 (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:

SB203,10,19 (a) "Trade" means an industry occupation involving physical labor and characterized by mechanical skill and training such as render a period of instruction reasonably necessary.

SB203,10,22 (3) (a) The department shall investigate, determine and declare what occupations and industries are included within the phrase a "trade" or a "trade industry".

SB203, s. 21 Section 21. 104.08 (3) of the statutes is renumbered 104.08 (3) (b) and amended to read:

SB203,11,3 104.08 (3) (b) The department may make exceptions to the operation of subs. (1) and sub. (2) where conditions make their application its application unreasonable.

SB203, s. 22 Section 22. 104.10 of the statutes is amended to read:

SB203,11,11 104.10 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 because the employer believes that the employe may testify, in any investigation or proceeding 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.

SB203, s. 23 Section 23. 104.11 of the statutes is amended to read:

SB203,11,16 104.11 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.

SB203, s. 24 Section 24. 104.12 of the statutes is amended to read:

SB203,11,24 104.12 Complaints. Any person may register with the department a complaint 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.

SB203, s. 25 Section 25. 234.94 (5) of the statutes is amended to read:

SB203,12,4 234.94 (5) "Primary employment" means work which pays at least the minimum wage as established under ch. 104 s. 104.035 (1) or under federal law, whichever is greater, offers adequate fringe benefits, including health insurance, and is not seasonal or part time.

SB203, s. 26 Section 26. 234.94 (8) of the statutes is amended to read:

SB203,12,11 234.94 (8) "Target group" means a population group for which the unemployment level is at least 25% higher than the statewide unemployment level, or a population group for which the average wage received is less than 1.2 times the minimum wage as established under ch. 104 s. 104.035 (1) or under federal law, whichever is greater. No population group is required to be located within a contiguous geographic area to be considered a target group.

SB203, s. 27 Section 27. 800.09 (1) (b) of the statutes is amended to read:

SB203,13,2 800.09 (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. Community 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 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.

SB203, s. 28 Section 28. 800.095 (4) (b) 3. of the statutes is amended to read:

SB203,13,16 800.095 (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 unless 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 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 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.

SB203, s. 29 Section 29. 895.035 (2m) (c) of the statutes is amended to read:

SB203,14,9 895.035 (2m) (c) The court assigned to exercise jurisdiction under chs. 48 and 938 may order that the child perform community service work for a public agency or nonprofit charitable organization that is designated by the court in lieu of making restitution or paying the forfeiture. If the parent agrees to perform community service work in lieu of making restitution or paying the forfeiture, the court may order that the parent perform community service work for a public agency or a nonprofit charitable organization that is designated by the court. Community 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 child or parent 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 restitution or forfeiture by the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment s. 104.035 (1). The court shall ensure that the child or parent is provided with a written statement of the terms of the community service order and that the community service order is monitored.

SB203, s. 30 Section 30. Effective date.

SB203,14,12 (1) This act takes effect on January 1, 1998, or on the first day of the first month beginning after publication, whichever is later.

SB203,14,13 (End)