SB95,9,11 6104.05 Complaints; investigation. The department shall, within 20 days
7after the filing of a verified complaint of any person setting forth alleging that the
8wages paid to any employe in any occupation are not sufficient to enable the employe
9to maintain himself or herself under conditions consistent with his or her welfare,
10investigate and determine whether there is reasonable cause to believe that the wage
11paid to any the employe is not a living-wage living wage.
SB95, s. 15 12Section 15. 104.06 of the statutes is amended to read:
SB95,9,20 13104.06 Wage council; determination. If, upon investigation, the
14department finds that there is reasonable cause to believe that the wages paid to any
15employe are not a living-wage living wage, it shall appoint a wage council, selected
16so as fairly to represent employers, employes and the public, to assist in its
17investigations and determinations. The living-wage department may use the
18results of an investigation under this section to establish a living wage. A living wage

19so determined upon shall be the living-wage living wage for all employes within the
20same class as established by the classification of the department under s. 104.04.
SB95, s. 16 21Section 16. 104.07 (1) and (2) of the statutes are amended to read:
SB95,9,2522 104.07 (1) The department shall make promulgate rules and grant licenses, to
23any employer who employs any employe who is unable to earn the living-wage
24theretofore determined upon, permitting such person to
a living wage so that the
25employe may
work for a wage which shall be that is commensurate with the

1employe's
ability, and each license so granted shall establish a wage for the licensee
2employe.
SB95,10,9 3(2) The department shall make promulgate rules and grant licenses to any
4sheltered workshops to permit the employment of workshop that employs any
5handicapped workers worker who is unable to earn the living-wage theretofore
6determined upon permitting such persons to
a living wage so that the handicapped
7worker may
work for a wage which shall be that is commensurate with his or her
8ability and productivity. A license granted to a sheltered workshop , under this
9section, may be issued for the entire workshop or a department thereof.
SB95, s. 17 10Section 17. 104.08 (1) of the statutes is renumbered 104.08 (2) and amended
11to read:
SB95,10,1512 104.08 (2) All persons Any person working in an occupation a trade industry
13for which a living-wage living wage has been established for minors, and who shall
14have
has no trade, shall, if employed in an occupation which is a trade industry, be
15indentured under the provisions of s. 106.01.
SB95, s. 18 16Section 18. 104.08 (1) (b) of the statutes is created to read:
SB95,10,1917 104.08 (1) (b) "Trade industry" means an industry involving physical labor and
18characterized by mechanical skill and training such as render a period of instruction
19reasonably necessary.
SB95, s. 19 20Section 19. 104.08 (2) of the statutes is renumbered 104.08 (1) (intro.) and
21amended to read:
SB95,10,2322 104.08 (1) (intro.) A "trade" or a "trade industry" within the meaning of ss.
23104.01 to 104.12 shall be a trade or
In this section:
SB95,11,3
1(a) "Trade" means an industry occupation involving physical labor and
2characterized by mechanical skill and training such as render a period of instruction
3reasonably necessary.
SB95,11,6 4(3) (a) The department shall investigate, determine and declare what
5occupations and industries are included within the phrase a "trade" or a "trade
6industry".
SB95, s. 20 7Section 20. 104.08 (3) of the statutes is renumbered 104.08 (3) (b).
SB95, s. 21 8Section 21. 104.10 of the statutes is amended to read:
SB95,11,15 9104.10 Penalty for intimidating witness. Any employer who discharges or
10threatens to discharge, or in any way discriminates, or threatens to discriminate
11against any employe because the employe has testified or is about to testify, or
12because the employer believes that the employe may testify, in any investigation or
13proceeding relative to the enforcement of ss. 104.01 to 104.12 this chapter, is guilty
14of a misdemeanor, and upon conviction thereof shall be punished by a fine of $25 $500
15for each offense.
SB95, s. 22 16Section 22. 104.11 of the statutes is amended to read:
SB95,11,20 17104.11 Definition of violation. Each day during which any an employer
18shall employ employs a person for whom a living-wage living wage has been fixed
19established at a wage less than the living-wage fixed established living wage shall
20constitute a separate and distinct violation of ss. 104.01 to 104.12 this chapter.
SB95, s. 23 21Section 23. 104.12 of the statutes is amended to read:
SB95,12,3 22104.12 Complaints. Any person may register with the department a
23complaint that the wages paid to employes for whom a living-wage living wage has
24been established are less than that rate, and the department shall investigate the
25matter and take all proceedings necessary to enforce the payment of a wage not less

1than the living-wage a living wage. Section 111.322 (2m) applies to discharge and
2other discriminatory acts arising in connection with any proceeding under this
3section.
SB95, s. 24 4Section 24. 234.94 (5) of the statutes is amended to read:
SB95,12,85 234.94 (5) "Primary employment" means work which pays at least the
6minimum wage as established under ch. 104 s. 104.035 (2) or under federal law,
7whichever is greater, offers adequate fringe benefits, including health insurance,
8and is not seasonal or part time.
SB95, s. 25 9Section 25. 234.94 (8) of the statutes is amended to read:
SB95,12,1510 234.94 (8) "Target group" means a population group for which the
11unemployment level is at least 25% higher than the statewide unemployment level,
12or a population group for which the average wage received is less than 1.2 times the
13minimum wage as established under ch. 104 s. 104.035 (2) or under federal law,
14whichever is greater. No population group is required to be located within a
15contiguous geographic area to be considered a target group.
SB95, s. 26 16Section 26. 800.09 (1) (b) of the statutes is amended to read:
SB95,13,517 800.09 (1) (b) If the defendant agrees to perform community service work in
18lieu of making restitution or paying the forfeiture, assessments and costs, or both,
19the court may order that the defendant perform community service work for a public
20agency or a nonprofit charitable organization that is designated by the court.
21Community service work may be in lieu of restitution only if also agreed to by the
22public agency or nonprofit charitable organization and by the person to whom
23restitution is owed. The court may utilize any available resources, including any
24community service work program, in ordering the defendant to perform community
25service work. The number of hours of community service work required may not

1exceed the number determined by dividing the amount owed on the forfeiture by the
2minimum wage established under ch. 104 for adults in nonagriculture, nontipped
3employment
s. 104.035 (2). The court shall ensure that the defendant is provided a
4written statement of the terms of the community service order and that the
5community service order is monitored.
SB95, s. 27 6Section 27. 800.095 (4) (b) 3. of the statutes is amended to read:
SB95,13,197 800.095 (4) (b) 3. That the defendant perform community service work for a
8public agency or a nonprofit charitable organization designated by the court, except
9that the court may not order the defendant to perform community service work
10unless the defendant agrees to perform community service work and, if the
11community service work is in lieu of restitution, unless the person to whom the
12restitution is owed agrees. The court may utilize any available resources, including
13any community service work program, in ordering the defendant to perform
14community service work. The number of hours of community service work required
15may not exceed the number determined by dividing the amount owed on the
16forfeiture or restitution, or both, by the minimum wage established under ch. 104 for
17adults in nonagriculture, nontipped employment
s. 104.035 (2). The court shall
18ensure that the defendant is provided a written statement of the terms of the
19community service order and that the community service order is monitored.
SB95, s. 28 20Section 28. 895.035 (2m) (c) of the statutes is amended to read:
SB95,14,1221 895.035 (2m) (c) The court assigned to exercise jurisdiction under chs. 48 and
22938 may order that the child perform community service work for a public agency or
23nonprofit charitable organization that is designated by the court in lieu of making
24restitution or paying the forfeiture. If the parent agrees to perform community
25service work in lieu of making restitution or paying the forfeiture, the court may

1order that the parent perform community service work for a public agency or a
2nonprofit charitable organization that is designated by the court. Community
3service work may be in lieu of restitution only if also agreed to by the public agency
4or nonprofit charitable organization and by the person to whom restitution is owed.
5The court may utilize any available resources, including any community service
6work program, in ordering the child or parent to perform community service work.
7The number of hours of community service work required may not exceed the number
8determined by dividing the amount owed on the restitution or forfeiture by the
9minimum wage established under ch. 104 s. 104.035 (2) for adults in nonagriculture,
10nontipped employment. The court shall ensure that the child or parent is provided
11with a written statement of the terms of the community service order and that the
12community service order is monitored.
SB95,14,1313 (End)
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