LRB-0896/1
GMM:kmg:pg
2001 - 2002 LEGISLATURE
February 1, 2001 - Introduced by Representatives Schneider, Williams and
Boyle. Referred to Committee on Labor and Workforce Development.
AB85,1,1 1An Act to amend 103.16 of the statutes; relating to: seating for employees.
Analysis by the Legislative Reference Bureau
Under current law, every employer employing employees in any
manufacturing, mechanical, or mercantile establishment in this state must provide
suitable seats for its employees and must permit its employees to use those seats
when not necessarily engaged in the active duties for which they are employed. This
bill specifically includes retail stores in the coverage of those requirements, specifies
that the seat provided for an employee must be in reasonable proximity to the area
in which the employee is employed and requires the employer to permit the employee
to use the seat for intermittent rest not only when the employee is not necessarily
engaged in the active duties for which the employee is employed, but also when the
employee is not required to stand in order to perform the duties for which the
employee is employed.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB85, s. 1 2Section 1. 103.16 of the statutes is amended to read:
AB85,2,8 3103.16 Seats for employees; penalty. Every employer employing employees
4an employee in any manufacturing, mechanical, or mercantile establishment,

1including a retail store,
in this state shall provide suitable seats for its employees,
2a suitable seat for the employee that is in reasonable proximity to the area in which
3the employee is employed
and shall permit the use of those seats by its employees
4when the employees are
employee to use the seat for intermittent rest when the
5employee is
not necessarily engaged in the active duties for which they are employed
6the employee is employed or when the employee is not required to stand in order to
7perform the duties for which the employee is employed
. Any employer who violates
8this section may be fined not less than $10 nor more than $30 for each offense.
AB85, s. 2 9Section 2. Initial applicability.
AB85,2,1310 (1) This act first applies to employees who are affected by a collective
11bargaining agreement that contains provisions inconsistent with section 103.16 of
12the statutes, as affected by this act, on the day on which the collective bargaining
13agreement expires or is extended, modified, or renewed, whichever occurs first.
AB85,2,1414 (End)
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