SB33, s. 4 13Section 4. 104.01 (5m) of the statutes is created to read:
SB33,4,3
1104.01 (5m) "Opportunity employee" means a person under 20 years of age who
2has been employed for a cumulative total of 30 calendar days or less within the
3preceding 3-year period.
SB33, s. 5 4Section 5. 104.01 (5p) of the statutes is created to read:
SB33,4,75 104.01 (5p) "Poverty line" means the poverty guidelines for the continental
6United States, as revised annually by the federal department of health and human
7services under 42 USC 9902 (2).
SB33, s. 6 8Section 6. 104.01 (7m) of the statutes is created to read:
SB33,4,119 104.01 (7m) "Tipped employee" means an employee who in the course of
10employment customarily and regularly receives money or other gratuities from
11persons other than the employee's employer.
SB33, s. 7 12Section 7. 104.01 (8) of the statutes is amended to read:
SB33,4,1413 104.01 (8) The term "wage" and the term "wages" shall each mean "Wage"
14means
any compensation for labor measured by time, piece, or otherwise.
SB33, s. 8 15Section 8. 104.02 of the statutes is amended to read:
SB33,4,18 16104.02 Living-wage prescribed Living wage required. Every wage paid
17or agreed to be paid by any employer to any employee, except as otherwise provided
18in s. 104.07, shall be not less than a living-wage living wage.
SB33, s. 9 19Section 9. 104.03 of the statutes is amended to read:
SB33,4,22 20104.03 Unlawful wages. Any employer paying, offering to pay, or agreeing
21to pay any employee a wage lower or less in value than a living-wage living wage is
22guilty of a violation of ss. 104.01 to 104.12 this chapter.
SB33, s. 10 23Section 10. 104.035 of the statutes is created to read:
SB33,5,12 24104.035 Minimum wage. (1) Department to promulgate rules. The
25department shall promulgate rules providing minimum hourly wages for the

1employees specified in subs. (2) to (5). The department shall calculate those
2minimum hourly wages according to the methods specified in subs. (2) to (5).
3Annually, within 30 days after the federal department of health and human services
4publishes its annual revision of the poverty line, the department, using the
5procedure under s. 227.24 and the methods specified in subs. (2) to (5), shall
6promulgate rules revising the minimum hourly wages provided under subs. (2) to (5).
7Notwithstanding s. 227.24 (1) (a) and (2) (b), the department is not required to
8provide evidence of the necessity of preserving the public peace, health, safety, or
9welfare in promulgating rules revising the minimum wages provided under subs. (2)
10to (5). A revised minimum wage provided under subs. (2) to (5) shall first apply to
11wages earned beginning on the first day of the first month beginning after the date
12on which that minimum wage is revised.
SB33,5,16 13(2) employees generally. Subject to the minimum wages provided under subs.
14(3) to (6) and (8), the department shall calculate the minimum hourly wage for
15employees generally by dividing the poverty line for a family of 3 persons by 2,080
16and rounding the quotient to the nearest multiple of 5 cents.
SB33,5,21 17(3) Opportunity employees. Notwithstanding the minimum wage provided
18under sub. (2), but subject to the minimum wages provided under subs. (4) to (6) and
19(8), the department shall calculate the minimum wage for opportunity employees by
20multiplying the result obtained under sub. (2) by 92.9% and rounding the product to
21the nearest multiple of 5 cents.
SB33,5,25 22(4) Tipped employees. (a) Notwithstanding the minimum wages provided
23under subs. (2) and (3), but subject to the minimum wages provided under subs. (5),
24(6), and (8), the department shall calculate the minimum wage for tipped employees
25as follows:
SB33,6,3
11. For persons who are not opportunity employees, by multiplying the result
2obtained under sub. (2) by 54.8% and rounding the product to the nearest multiple
3of 5 cents.
SB33,6,64 2. For persons who are opportunity employees, by multiplying the result
5obtained under sub. (2) by 51.7% and rounding the product to the nearest multiple
6of 5 cents.
SB33,6,117 (b) An employer may pay the minimum wages specified in par. (a) only if the
8employer establishes by the employer's payroll records that, when adding the tips
9received by an employee to the wages under par. (a) paid to that employee, the
10employee receives not less than the minimum wage specified in sub. (2) or (3),
11whichever is applicable.
SB33,6,19 12(5) Agricultural employees. Notwithstanding the minimum wages provided
13under subs. (2) to (4), but subject to the minimum wages provided under subs. (6) and
14(8), the department shall calculate the minimum wage for persons 18 years of age or
15over who are agricultural employees by multiplying the result obtained under sub.
16(2) by 95.3% and rounding the product to the nearest multiple of 5 cents and shall
17calculate the minimum wage for persons under 18 years of age who are agricultural
18employees by multiplying the result obtained under sub. (2) by 87.0% and rounding
19the product to the nearest multiple of 5 cents.
SB33,6,21 20(6) Minimum wage established by department. The department shall
21promulgate rules providing the minimum wage for all of the following:
SB33,6,2322 (a) A counselor employed at a seasonal recreational or educational camp,
23including a day camp, for campers under 18 years of age.
SB33,6,2424 (b) A caddy on a golf course.
SB33,7,2
1(c) An employee or worker with a disability covered under a license under s.
2104.07.
SB33,7,33 (d) A student learner.
SB33,7,54 (e) A student employed by an independent college or university for less than
520 hours per week.
SB33,7,8 6(7) Employment exempted by department. The department shall promulgate
7rules exempting from the minimum wage requirements under subs. (2) to (5) all of
8the following:
SB33,7,109 (a) A person engaged in casual employment in and around an employer's home
10on an irregular or intermittent basis for not more than 15 hours per week.
SB33,7,1411 (b) A person who resides with and who provides companionship and care, not
12including practical or professional nursing, as defined in s. 441.11 (3) and (4), and not
13more than 15 hours per week of general household work for an employer who, due
14to advanced age or physical or mental disability, cannot care for his or her own needs.
SB33,7,1615 (c) An elementary or secondary school student performing student work-like
16activities in the student's school.
SB33,7,18 17(8) Department may revise. The department may promulgate rules to increase
18a minimum wage provided under subs. (2) to (5).
SB33, s. 11 19Section 11. 104.04 of the statutes is amended to read:
SB33,8,7 20104.04 Classifications; department's authority. The department shall
21investigate, ascertain, determine, and fix such reasonable classifications, and shall
22impose general or special orders, determining the living-wage living wage, and shall
23carry out the purposes of ss. 104.01 to 104.12 this chapter. Such investigations,
24classifications, and orders shall be made as provided under s. 103.005, and the
25penalties specified in s. 103.005 (12) shall apply to and be imposed for any violation

1of ss. 104.01 to 104.12 this chapter. In determining the living-wage living wage, the
2department may consider the effect that an increase in the living-wage living wage
3might have on the economy of the state, including the effect of a living-wage living
4wage
increase on job creation, retention, and expansion, on the availability of
5entry-level jobs, and on regional economic conditions within the state. The
6department may not establish a different minimum wage for men and women. Said
7orders shall be subject to review in the manner provided in ch. 227.
SB33, s. 12 8Section 12. 104.045 of the statutes is renumbered 104.045 (intro.) and
9amended to read:
SB33,8,12 10104.045 Tipped employees Tips, meals, lodging, and hours worked.
11(intro.) The department shall by rule determine what amount of promulgate rules
12governing all of the following:
SB33,8,14 13(1) The counting of tips or similar gratuities may be counted toward fulfillment
14of the employer's obligation under this chapter.
SB33, s. 13 15Section 13. 104.045 (2) and (3) of the statutes are created to read:
SB33,8,1716 104.045 (2) The deduction of meals or lodging provided by an employer to an
17employee from the employer's obligations under this chapter.
SB33,8,19 18(3) The determination of hours worked by an employee during which the
19employee is entitled to a living wage under this chapter.
SB33, s. 14 20Section 14. 104.05 of the statutes is amended to read:
SB33,9,2 21104.05 Complaints; investigation. The department shall, within 20 days
22after the filing of a verified complaint of any person setting forth alleging that the
23wages paid to any employee in any occupation are not sufficient to enable the
24employee to maintain himself or herself under conditions consistent with his or her

1welfare, investigate and determine whether there is reasonable cause to believe that
2the wage paid to any the employee is not a living-wage living wage.
SB33, s. 15 3Section 15. 104.06 of the statutes is amended to read:
SB33,9,12 4104.06 Wage council; determination. If, upon investigation, the
5department finds that there is reasonable cause to believe that the wages paid to any
6employee are not a living-wage, it living wage, the department shall appoint a wage
7council, selected so as fairly to represent employers, employees, and the public, to
8assist in its investigations and determinations. The living-wage department may
9use the results of an investigation under this section to establish a living wage. A
10living wage
so determined upon shall be the living-wage living wage for all
11employees within the same class as established by the classification of the
12department under s. 104.04.
SB33, s. 16 13Section 16. 104.07 (1) of the statutes is amended to read:
SB33,9,2014 104.07 (1) The department shall make promulgate rules and, except as
15provided under subs. (5) and (6), grant licenses, to any employer who employs any
16employee who is unable to earn the living-wage theretofore determined upon,
17permitting such person to
a living wage so that the employee may work for a wage
18which shall be that is commensurate with the employee's ability and each . Each
19license so granted shall establish a wage for the licensee employees of the licensee
20who are unable to earn a living wage
.
SB33, s. 17 21Section 17. 104.07 (2) of the statutes is amended to read:
SB33,9,2522 104.07 (2) The department shall make promulgate rules and, except as
23provided under subs. (5) and (6), grant licenses to sheltered workshops to permit the
24employment of workers with disabilities who are unable to earn the living-wage at
25a living wage so that those workers may work for a wage that is commensurate with

1their ability and productivity. A license granted to a sheltered workshop under this
2section may be issued for the entire workshop or a department of the workshop.
SB33, s. 18 3Section 18. 104.08 (1) of the statutes is renumbered 104.08 (2m) and amended
4to read:
SB33,10,85 104.08 (2m) All persons Any person working in an occupation a trade industry
6for which a living-wage living wage has been established for minors, and who shall
7have
has no trade, shall, if employed in an occupation which is a trade industry, be
8indentured under the provisions of s. 106.01.
SB33, s. 19 9Section 19. 104.08 (1m) (b) of the statutes is created to read:
SB33,10,1210 104.08 (1m) (b) "Trade industry" means an industry involving physical labor
11and characterized by mechanical skill and training such as render a period of
12instruction reasonably necessary.
SB33, s. 20 13Section 20. 104.08 (2) of the statutes is renumbered 104.08 (1m) (intro.) and
14amended to read:
SB33,10,1615 104.08 (1m) (intro.) A "trade" or a "trade industry" within the meaning of ss.
16104.01 to 104.12 shall be a trade or
In this section:
SB33,10,21 17(a) "Trade" means an industry occupation involving physical labor and
18characterized by mechanical skill and training such as render a period of instruction
19reasonably necessary. The department shall investigate, determine and declare
20what occupations and industries are included within the phrase a "trade" or a "trade
21industry".
SB33, s. 21 22Section 21. 104.08 (3) of the statutes is renumbered 104.08 (3) (b) and
23amended to read:
SB33,10,2524 104.08 (3) (b) The department may make exceptions to the operation of subs.
25(1) and (2) (1m) and (2m) where conditions make their application unreasonable.
SB33, s. 22
1Section 22. 104.08 (3) (a) of the statutes is created to read:
SB33,11,32 104.08 (3) (a) The department shall investigate, determine, and declare what
3occupations and industries are included within a trade or a trade industry.
SB33, s. 23 4Section 23. 104.10 of the statutes is amended to read:
SB33,11,11 5104.10 Penalty for intimidating witness. Any employer who discharges or
6threatens to discharge, or who in any way discriminates , or threatens to
7discriminate, against any employee because the employee has testified or is about
8to testify, or because the employer believes that the employee may testify, in any
9investigation or proceeding relative to the enforcement of ss. 104.01 to 104.12, is
10guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of
11$25
this chapter may be fined $500 for each offense.
SB33, s. 24 12Section 24. 104.11 of the statutes is amended to read:
SB33,11,16 13104.11 Definition of violation. Each day during which any an employer
14shall employ employs a person for whom a living-wage living wage has been fixed
15established at a wage less than the living-wage fixed established living wage shall
16constitute a separate and distinct violation of ss. 104.01 to 104.12 this chapter.
SB33, s. 25 17Section 25. 104.12 of the statutes is amended to read:
SB33,11,24 18104.12 Complaints. Any person may register with the department a
19complaint that the wages paid to employees for whom a living-wage living wage has
20been established are less than that rate, and the department shall investigate the
21matter and take all proceedings necessary to enforce the payment of a wage not less
22than the living-wage a living wage. Section 111.322 (2m) applies to discharge and
23other discriminatory acts arising in connection with any proceeding under this
24section.
SB33, s. 26 25Section 26. 234.94 (5) of the statutes is amended to read:
SB33,12,4
1234.94 (5) "Primary employment" means work which pays at least the
2minimum wage as established under ch. 104 s. 104.035 (2) or under federal law,
3whichever is greater, offers adequate fringe benefits, including health insurance,
4and is not seasonal or part time.
SB33, s. 27 5Section 27. 234.94 (8) of the statutes is amended to read:
SB33,12,116 234.94 (8) "Target group" means a population group for which the
7unemployment level is at least 25% higher than the statewide unemployment level,
8or a population group for which the average wage received is less than 1.2 times the
9minimum wage as established under ch. 104 s. 104.035 (2) or under federal law,
10whichever is greater. No population group is required to be located within a
11contiguous geographic area to be considered a target group.
SB33, s. 28 12Section 28. 800.09 (1) (b) of the statutes is amended to read:
SB33,13,213 800.09 (1) (b) If the defendant agrees to perform community service work in
14lieu of making restitution or paying the forfeiture, assessments, and costs, or both,
15the court may order that the defendant perform community service work for a public
16agency or a nonprofit charitable organization that is designated by the court.
17Community service work may be in lieu of restitution only if also agreed to by the
18public agency or nonprofit charitable organization and by the person to whom
19restitution is owed. The court may utilize any available resources, including any
20community service work program, in ordering the defendant to perform community
21service work. The number of hours of community service work required may not
22exceed the number determined by dividing the amount owed on the forfeiture by the
23minimum wage established under ch. 104 for adults in nonagriculture, nontipped
24employment
s. 104.035 (2). The court shall ensure that the defendant is provided a

1written statement of the terms of the community service order and that the
2community service order is monitored.
SB33, s. 29 3Section 29. 800.095 (4) (b) 3. of the statutes is amended to read:
SB33,13,164 800.095 (4) (b) 3. That the defendant perform community service work for a
5public agency or a nonprofit charitable organization designated by the court, except
6that the court may not order the defendant to perform community service work
7unless the defendant agrees to perform community service work and, if the
8community service work is in lieu of restitution, unless the person to whom the
9restitution is owed agrees. The court may utilize any available resources, including
10any community service work program, in ordering the defendant to perform
11community service work. The number of hours of community service work required
12may not exceed the number determined by dividing the amount owed on the
13forfeiture, or restitution, or both, by the minimum wage established under ch. 104
14for adults in nonagriculture, nontipped employment
s. 104.035 (2). The court shall
15ensure that the defendant is provided a written statement of the terms of the
16community service order and that the community service order is monitored.
SB33, s. 30 17Section 30. 895.035 (2m) (c) of the statutes is amended to read:
SB33,14,918 895.035 (2m) (c) The court assigned to exercise jurisdiction under chs. 48 and
19938 may order that the juvenile perform community service work for a public agency
20or nonprofit charitable organization that is designated by the court in lieu of making
21restitution or paying the forfeiture or surcharge. If the parent agrees to perform
22community service work in lieu of making restitution or paying the forfeiture or
23surcharge, the court may order that the parent perform community service work for
24a public agency or a nonprofit charitable organization that is designated by the court.
25Community service work may be in lieu of restitution only if also agreed to by the

1public agency or nonprofit charitable organization and by the person to whom
2restitution is owed. The court may utilize any available resources, including any
3community service work program, in ordering the juvenile or parent to perform
4community service work. The number of hours of community service work required
5may not exceed the number determined by dividing the amount owed on the
6restitution, forfeiture, or surcharge by the minimum wage established under ch. 104
7for adults in nonagriculture, nontipped employment
s. 104.035 (2). The court shall
8ensure that the juvenile or parent is provided with a written statement of the terms
9of the community service order and that the community service order is monitored.
SB33,14,1010 (End)
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