SB307, s. 15
3Section
15. 104.06 of the statutes is amended to read:
SB307,9,12
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.
SB307, s. 16
13Section
16. 104.07 (1) of the statutes is amended to read:
SB307,9,2014
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.
SB307, s. 17
21Section
17. 104.07 (2) of the statutes is amended to read:
SB307,9,2522
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 abilities and productivity. A license granted to a sheltered workshop
2under this section may be issued for the entire workshop or a department of the
3workshop.
SB307, s. 18
4Section
18. 104.08 (1) of the statutes is renumbered 104.08 (2m) and amended
5to read:
SB307,10,96
104.08
(2m) All persons Any person working in
an occupation a trade industry 7for which a
living-wage living wage has been established for minors, and who
shall
8have has no trade, shall
, if employed in an occupation which is a trade industry, be
9indentured under
the provisions of s. 106.01.
SB307, s. 19
10Section
19. 104.08 (1m) (b) of the statutes is created to read:
SB307,10,1311
104.08
(1m) (b) "Trade industry" means an industry involving physical labor
12and characterized by mechanical skill and training such as render a period of
13instruction reasonably necessary.
SB307, s. 20
14Section
20. 104.08 (2) of the statutes is renumbered 104.08 (1m) (intro.) and
15amended to read:
SB307,10,1716
104.08
(1m) (intro.)
A "trade" or a "trade industry" within the meaning of ss.
17104.01 to 104.12 shall be a trade or In this section:
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18(a) "Trade" means an
industry
occupation involving physical labor and
19characterized by mechanical skill and training such as render a period of instruction
20reasonably necessary.
The department shall investigate, determine and declare
21what occupations and industries are included within the phrase a "trade" or a "trade
22industry".
SB307, s. 21
23Section
21. 104.08 (3) of the statutes is renumbered 104.08 (3) (b) and
24amended to read:
SB307,11,2
1104.08
(3) (b) The department may make exceptions to the operation of subs.
2(1) and (2) (1m) and (2m) where conditions make their application unreasonable.
SB307, s. 22
3Section
22. 104.08 (3) (a) of the statutes is created to read:
SB307,11,54
104.08
(3) (a) The department shall investigate, determine, and declare what
5occupations and industries are included within a trade or a trade industry.
SB307, s. 23
6Section
23. 104.10 of the statutes is amended to read:
SB307,11,13
7104.10 Penalty for intimidating witness. Any employer who discharges or
8threatens to discharge, or
who in any way discriminates
, or threatens to discriminate
9against
, any employee because the employee has testified or is about to testify, or
10because the employer believes that the employee may testify, in any investigation or
11proceeding relative to the enforcement of
ss. 104.01 to 104.12, is guilty of a
12misdemeanor, and upon conviction thereof shall be punished by a fine of $25 this
13chapter may be fined $500 for each offense.
SB307, s. 24
14Section
24. 104.11 of the statutes is amended to read:
SB307,11,18
15104.11 Definition of violation. Each day during which
any an employer
16shall employ employs a person for whom a
living-wage living wage has been
fixed 17established at a wage less than the
living-wage fixed established living wage shall
18constitute a separate and distinct violation of
ss. 104.01 to 104.12 this chapter.
SB307, s. 25
19Section
25. 104.12 of the statutes is amended to read:
SB307,12,2
20104.12 Complaints. Any person may register with the department a
21complaint that the wages paid to employees for whom a
living-wage living wage has
22been established are less than that rate, and the department shall investigate the
23matter and take all proceedings necessary to enforce the payment of a wage not less
24than
the living-wage a living wage. Section 111.322 (2m) applies to discharge and
1other discriminatory acts arising in connection with any proceeding under this
2section.
SB307, s. 26
3Section
26. 234.94 (5) of the statutes is amended to read:
SB307,12,74
234.94
(5) "Primary employment" means work
which that pays at least the
5minimum wage as established under
ch. 104 s. 104.035 (2) or under federal law,
6whichever is greater, offers adequate fringe benefits, including health insurance,
7and is not seasonal or part time.
SB307, s. 27
8Section
27. 234.94 (8) of the statutes is amended to read:
SB307,12,149
234.94
(8) "Target group" means a population group for which the
10unemployment level is at least 25% higher than the statewide unemployment level,
11or a population group for which the average wage received is less than 1.2 times the
12minimum wage as established under
ch. 104 s. 104.035 (2) or under federal law,
13whichever is greater. No population group is required to be located within a
14contiguous geographic area to be considered a target group.
SB307, s. 28
15Section
28. 800.09 (1) (b) of the statutes is amended to read:
SB307,13,416
800.09
(1) (b) If the defendant agrees to perform community service work in
17lieu of making restitution or paying the forfeiture, assessments
, and costs, or both,
18the court may order that the defendant perform community service work for a public
19agency or a nonprofit charitable organization that is designated by the court.
20Community service work may be in lieu of restitution only if also agreed to by the
21public agency or nonprofit charitable organization and by the person to whom
22restitution is owed. The court may utilize any available resources, including any
23community service work program, in ordering the defendant to perform community
24service work. The number of hours of community service work required may not
25exceed the number determined by dividing the amount owed on the forfeiture by the
1minimum wage established under
ch. 104 for adults in nonagriculture, nontipped
2employment s. 104.035 (2). The court shall ensure that the defendant is provided a
3written statement of the terms of the community service order and that the
4community service order is monitored.
SB307, s. 29
5Section
29. 800.095 (4) (b) 3. of the statutes is amended to read:
SB307,13,186
800.095
(4) (b) 3. That the defendant perform community service work for a
7public agency or a nonprofit charitable organization designated by the court, except
8that the court may not order the defendant to perform community service work
9unless the defendant agrees to perform community service work and, if the
10community service work is in lieu of restitution, unless the person to whom the
11restitution is owed agrees. The court may utilize any available resources, including
12any community service work program, in ordering the defendant to perform
13community service work. The number of hours of community service work required
14may not exceed the number determined by dividing the amount owed on the
15forfeiture
, or restitution, or both, by the minimum wage established under
ch. 104
16for adults in nonagriculture, nontipped employment s. 104.035 (2). The court shall
17ensure that the defendant is provided a written statement of the terms of the
18community service order and that the community service order is monitored.
SB307, s. 30
19Section
30. 895.035 (2m) (c) of the statutes is amended to read:
SB307,14,1120
895.035
(2m) (c) The court assigned to exercise jurisdiction under chs. 48 and
21938 may order that the juvenile perform community service work for a public agency
22or nonprofit charitable organization that is designated by the court in lieu of making
23restitution or paying the forfeiture or surcharge. If the parent agrees to perform
24community service work in lieu of making restitution or paying the forfeiture or
25surcharge, the court may order that the parent perform community service work for
1a public agency or a nonprofit charitable organization that is designated by the court.
2Community service work may be in lieu of restitution only if also agreed to by the
3public agency or nonprofit charitable organization and by the person to whom
4restitution is owed. The court may utilize any available resources, including any
5community service work program, in ordering the juvenile or parent to perform
6community service work. The number of hours of community service work required
7may not exceed the number determined by dividing the amount owed on the
8restitution, forfeiture
, or surcharge by the minimum wage established under
ch. 104
9for adults in nonagriculture, nontipped employment s. 104.035 (2). The court shall
10ensure that the juvenile or parent is provided with a written statement of the terms
11of the community service order and that the community service order is monitored.