A health care worker who is discharged or discriminated against for refusing
to work overtime or to be on on-call time in violation of the bill, for opposing a practice
prohibited under the bill, for filing a complaint or attempting to enforce a right
provided under the bill, or for testifying or assisting in any action or proceeding to
enforce such a right may file a complaint with the Department of Workforce
Development (DWD), and DWD must process the complaint in the same manner that
employment discrimination complaints are processed under current law, which
processing may include the ordering of back pay, reinstatement, costs, and attorney
fees. In addition, a health care facility that discharges or discriminates against a
health care worker in violation of the bill may be required to forfeit not more than
$1,000 for a first violation, not more than $5,000 for a violation committed within 12
months of a previous violation, and not more than $10,000 for a violation committed
within 12 months of two or more previous violations.
For purposes of the bill, a "health care facility" is defined as any hospital,
nursing home, community-based residential facility, county home, county infirmary,
county hospital, county mental health center, adult family home, assisted living
facility, residential care apartment complex, rural medical center, hospice, mental
health treatment facility, public dispensary for the diagnosis and treatment of
tuberculosis or facility providing care under a continuing care contract; the
University of Wisconsin Hospitals and Clinics Authority, the Mendota Mental
Health Institute, the Winnebago Mental Health Institute, the Milwaukee County
Mental Health Complex, the Wisconsin veterans homes at King, Union Grove, and
Chippewa Falls, or the northern, central, and southern centers for the
developmentally disabled; or a state prison, county jail, or county house of correction.
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:
AB152, s. 1 1Section 1. 106.54 (8) of the statutes is created to read:
AB152,3,3
1106.54 (8) The division shall receive complaints under s. 146.999 (4) of
2violations of s. 146.999 (2) and (3) and shall process those complaints in the same
3manner that employment discrimination complaints are processed under s. 111.39.
AB152, s. 2 4Section 2. 111.322 (2m) (a) of the statutes is amended to read:
AB152,3,85 111.322 (2m) (a) The individual files a complaint or attempts to enforce any
6right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.455, 103.50, 104.12,
7109.03, 109.07, 109.075 or, 146.997, or 146.999 or ss. 101.58 to 101.599 or 103.64 to
8103.82.
AB152, s. 3 9Section 3. 111.322 (2m) (b) of the statutes is amended to read:
AB152,3,1310 111.322 (2m) (b) The individual testifies or assists in any action or proceeding
11held under or to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32,
12103.455, 103.50, 104.12, 109.03, 109.07, 109.075 or, 146.997, or 146.999 or ss. 101.58
13to 101.599 or 103.64 to 103.82.
AB152, s. 4 14Section 4. 111.91 (2) (t) of the statutes is created to read:
AB152,3,1915 111.91 (2) (t) Hours of work above the maximum hours specified in s. 146.999
16(2) for health care workers, as defined in s. 146.999 (1) (c), employed by a health care
17facility, as defined in s. 146.999 (1) (b). Nothing in this paragraph prohibits a health
18care facility from bargaining on fewer hours of work than the hours provided in s.
19146.999 (2).
AB152, s. 5 20Section 5. 146.999 of the statutes is created to read:
AB152,3,21 21146.999 Health care worker overtime. (1) Definitions. In this section:
AB152,3,2222 (a) "Department" means the department of workforce development.
AB152,4,723 (b) "Health care facility" means a facility, as defined in s. 647.01 (4); any
24hospital, nursing home, community-based residential facility, county home, county
25hospital, county infirmary, county mental health center, assisted living facility,

1residential care apartment complex, rural medical center, hospice, treatment
2facility, or other place licensed, certified, or approved by the department of health
3services under s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.034, 50.35, 50.52, 50.92, 51.04,
451.08, or 51.09; an adult family home licensed or certified by the department of
5health services or a county department under s. 50.032 or 50.033; a facility under s.
645.50, 51.05, 51.06, or 252.10 or under ch. 233; or a state prison, county jail, or county
7house of correction.
AB152,4,88 (c) "Health care worker" means any of the following:
AB152,4,129 1. An employee of a health care facility who is involved in providing direct
10health care for patients, residents, or clients or in providing clinical or laboratory
11services and who is paid an hourly wage or is classified as a nonsupervisory employee
12for collective bargaining purposes.
AB152,4,1913 2. An employee of a temporary help agency, as defined in s. 102.01 (2) (f), or of
14a professional employer organization, as defined in s. 461.01 (5), who is placed with
15a health care facility under a contract between the health care facility and the
16temporary help agency or professional employer organization; who is involved in
17providing direct health care for patients, residents, or clients or in providing clinical
18or laboratory services; and who is paid an hourly wage or is classified as a
19nonsupervisory employee for collective bargaining purposes.
AB152,4,2220 (d) "On-call time" means time during which a health care worker is not on the
21premises of a health care facility, but is required as a condition of employment to be
22ready to report to those premises to work on short notice if the need arises.
AB152,4,2423 (e) "Overtime" means time worked in excess of a regularly scheduled daily work
24shift that has been determined and agreed to before the performance of the work.
AB152,5,7
1(f) "Unforeseeable emergency" means a major disaster or emergency declared
2under 42 USC 5170, a state of emergency, including a state of emergency related to
3public health, declared under s. 166.03 (1) (b) 1. or 166.23 (1), or any other
4unanticipated or unavoidable disaster that substantially affects or increases the
5need for health care workers. "Unforeseeable emergency" does not include a
6situation in which a health care facility has inadequate staff due to chronic short
7staffing or other foreseeable causes.
AB152,5,16 8(2) Mandatory overtime limited. Except in cases of unforeseeable emergency
9in which a health care facility has first exhausted all other options, in cases in which
10the health care worker consents, or in cases in which the health care worker's
11continued presence through the completion of an ongoing medical or surgical
12procedure in which the health care worker is actively engaged is essential to the
13health and safety of a patient, a health care facility may not require a health care
14worker to work overtime or require a health care worker to be on on-call time in lieu
15of working overtime or as a means of circumventing the prohibition under this
16subsection against mandatory overtime.
AB152,5,22 17(3) Retaliation prohibited. A health care facility may not discharge or
18discriminate against a health care worker in promotion, in compensation, or in the
19terms, conditions, or privileges of employment for refusing to work overtime or to be
20on on-call time in violation of sub. (2), opposing a practice prohibited under sub. (2),
21filing a complaint or attempting to enforce any right under sub. (2), or testifying or
22assisting in any action or proceeding to enforce any right under sub. (2).
AB152,6,5 23(4) Enforcement. A health care worker who is discharged or discriminated
24against in violation of sub. (3) may file a complaint with the department, and the
25department shall process the complaint in the same manner that employment

1discrimination complaints are processed under s. 111.39. If the department finds
2that a violation of sub. (3) has been committed, the department may order the health
3care facility to take such action under s. 111.39 as will effectuate the purpose of this
4section. Section 111.322 (2m) applies to discharge or other discriminatory acts
5arising in connection with any proceeding under this subsection.
AB152,6,12 6(5) Civil penalty. In addition to ordering a health care facility that has violated
7sub. (3) to take such action as will effectuate the purpose of this section, the
8department may require the health care facility to forfeit not more than $1,000 for
9a first violation, not more than $5,000 for a violation committed within 12 months
10of a previous violation, and not more than $10,000 for a violation committed within
1112 months of 2 or more previous violations. The 12-month period shall be measured
12by using the dates of the violations that resulted in convictions.
AB152,6,17 13(6) Posting of notice. Each health care facility shall post, in one or more
14conspicuous places where notices to employees are customarily posted, a notice in a
15form approved by the department setting forth the rights of health care workers
16under this section. Any health care facility that violates this subsection shall forfeit
17not more than $100 for each offense.
AB152, s. 6 18Section 6. Initial applicability.
AB152,6,2319 (1) Collective bargaining agreements. This act first applies to a health care
20worker, as defined in section 146.999 (1) (c) of the statutes, as created by this act, who
21is affected by a collective bargaining agreement that contains provisions inconsistent
22with this act on the day on which the collective bargaining agreement expires or is
23extended, modified, or renewed, whichever occurs first.
AB152,6,2424 (End)
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