LRB-0805/2
GMM:bjk:rs
2009 - 2010 LEGISLATURE
January 8, 2009 - Introduced by Senators Decker, Kreitlow, Sullivan, Wirch,
Taylor, Lehman, Carpenter, Coggs, Plale, Erpenbach, Miller, Hansen
and
Vinehout, cosponsored by Representatives Mason, Sinicki, Milroy, Turner,
Hilgenberg, Colon, Grigsby, Pope-Roberts, Pocan, Berceau, Kessler,
Zepnick, Black, A. Williams, Garthwaite, Soletski, Sherman, Shilling,
Benedict, Toles, Krusick
and Young. Referred to Committee on Labor,
Elections and Urban Affairs.
SB1,1,7 1An Act to repeal 104.001; to renumber 104.01 (1); to renumber and amend
2104.045; to amend 49.141 (1) (g), 104.01 (intro.), 104.01 (8), 104.05, 104.07 (1),
3104.07 (2), 104.10, 104.11, 234.94 (5), 234.94 (8), 800.09 (1) (b), 800.095 (4) (b)
43. and 895.035 (2m) (c); and to create 104.01 (1d), 104.01 (1g), 104.01 (5g),
5104.01 (5m), 104.01 (7m), 104.035 and 104.045 (2) and (3) of the statutes;
6relating to: a state minimum wage, permitting the enactment of local living
7wage ordinances, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Currently, the state minimum wage law requires that employers pay a living
wage to their employees. Under that law, the Department of Workforce Development
(DWD) has provided, by rule, minimum wages for various types of employees,
including employees, generally; minor employees; opportunity employees, which are
defined as employees under 20 years of age in their first 90 days of employment with
a particular employer; tipped employees; agricultural employees; camp counselors;
golf caddies; students employed at independent colleges and universities for less
than 20 hours per week; student learners employed in bona fide school training
programs; and individuals who are unable to earn the standard minimum wage
because of a disability. DWD has exempted, by rule, from the minimum wage law
employees who perform less than 15 hours per week of casual employment, such as

baby-sitting or lawn mowing, in and around an employer's home; employees who
provide companionship services to elderly or infirm individuals; and elementary and
secondary school students performing work-like activities in their schools. DWD
has also promulgated rules providing allowances against the minimum wage for
employers that provide meals or lodging for their employees.
Under this bill, DWD will continue to provide the exemptions listed above and
separate minimum wages for students employed at independent colleges and
universities for less than 20 hours per week, student learners employed in bona fide
school training programs, and individuals who are unable to earn the standard
minimum wages because of a disability. For other employees, however, the bill sets
the minimum wages, effective on June 1, 2009, or on the day after publication of the
bill, whichever is later, as follows: - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF
The bill also increases the allowance against the minimum wage that an
employer who provides room and board for an employee may take, as follows: - See PDF for table PDF
Beginning on June 1, 2010, the bill requires DWD annually to promulgate rules
revising the minimum wages and allowances for meals and lodging established
under the bill by determining the percentage difference between the consumer price
index for the preceding year and the consumer price index for the current year,
adjusting the minimum wages and allowances in effect on May 31 of the current year
by that percentage difference, and rounding that result to the nearest multiple of five
cents or, in the case of a camp counselor, the nearest dollar.
Finally, current law prohibits a city, village, town, or county from enacting and
administering an ordinance establishing a living wage. This bill eliminates that
prohibition.
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:
SB1, s. 1 1Section 1. 49.141 (1) (g) of the statutes is amended to read:
SB1,6,3
149.141 (1) (g) "Minimum wage" means the state minimum hourly wage under
2ch. 104 s. 104.035 (1) or the federal minimum hourly wage under 29 USC 206 (a) (1),
3whichever is applicable.
SB1, s. 2 4Section 2. 104.001 of the statutes is repealed.
SB1, s. 3 5Section 3. 104.01 (intro.) of the statutes is amended to read:
SB1,6,7 6104.01 Definitions. (intro.) The following terms as used in In this chapter
7shall be construed as follows:
SB1, s. 4 8Section 4. 104.01 (1) of the statutes is renumbered 104.01 (1m).
SB1, s. 5 9Section 5. 104.01 (1d) of the statutes is created to read:
SB1,6,1110 104.01 (1d) "Agricultural employee" means an employee who is employed in
11farming, as defined in s. 102.04 (3).
SB1, s. 6 12Section 6. 104.01 (1g) of the statutes is created to read:
SB1,6,1513 104.01 (1g) "Consumer price index" means the average of the consumer price
14index over each 12-month period for all urban consumers, U.S. city average, as
15determined by the bureau of labor statistics of the U.S. department of labor.
SB1, s. 7 16Section 7. 104.01 (5g) of the statutes is created to read:
SB1,6,1817 104.01 (5g) "Minor employee" means a minor who is paid at the applicable
18minimum wage rate for minors.
SB1, s. 8 19Section 8. 104.01 (5m) of the statutes is created to read:
SB1,6,2120 104.01 (5m) "Opportunity employee" means a person under 20 years of age who
21is in the first 90 consecutive days of employment with his or her employer.
SB1, s. 9 22Section 9. 104.01 (7m) of the statutes is created to read:
SB1,6,2523 104.01 (7m) "Tipped employee" means an employee who in the course of
24employment customarily and regularly receives money or other gratuities from
25persons other than the employee's employer.
SB1, s. 10
1Section 10. 104.01 (8) of the statutes is amended to read:
SB1,7,32 104.01 (8) The term "wage" and the term "wages" shall each mean "Wage"
3means
any compensation for labor measured by time, piece, or otherwise.
SB1, s. 11 4Section 11. 104.035 of the statutes is created to read:
SB1,7,6 5104.035 Minimum wage. (1) Employees generally. (a) Minimum rates.
6Except as provided in subs. (2) to (8), the minimum wage is as follows:
SB1,7,77 1. For wages earned before June 1, 2010, $7.60 per hour.
SB1,7,98 2. For wages earned beginning on June 1, 2010, the amount determined by the
9department by rule promulgated under sub. (9).
SB1,7,1310 (b) Allowances for meals and lodging. Except as provided in subs. (2) (b) and
11(4) (b), if an employer furnishes an employee with meals or lodging in accordance
12with rules promulgated by the department under s. 104.045 (2), the employer may
13deduct the following amounts from the wages of the employee:
SB1,7,1514 1. For lodging furnished before June 1, 2010, $61 per week or $8.65 per day and
15for meals furnished before June 1, 2010, $95 per week or $4.35 per meal.
SB1,7,1716 2. For meals and lodging furnished beginning on June 1, 2010, the amounts
17determined by the department by rule promulgated under sub. (9).
SB1,7,20 18(2) Minor and opportunity employees. (a) Minimum rates. Except as provided
19in subs. (3) to (8), the minimum wage for a minor employee or an opportunity
20employee is as follows:
SB1,7,2121 1. For wages earned before June 1, 2010, $6.90 per hour.
SB1,7,2322 2. For wages earned beginning on June 1, 2010, the amount determined by the
23department by rule promulgated under sub. (9).
SB1,8,224 (b) Allowances for meals and lodging. Except as provided in sub. (4) (b), if an
25employer furnishes a minor employee or an opportunity employee with meals or

1lodging in accordance with rules promulgated by the department under s. 104.045
2(2), the employer may deduct the following amounts from the wages of the employee:
SB1,8,43 1. For lodging furnished before June 1, 2010, $55.20 per week or $7.90 per day
4and for meals furnished before June 1, 2010, $82.85 per week or $3.90 per meal.
SB1,8,65 2. For meals and lodging furnished beginning on June 1, 2010, the amounts
6determined by the department by rule promulgated under sub. (9).
SB1,8,12 7(3) Tipped employees. (a) Minimum rates. Except as provided in subs. (4) to
8(8), if an employer of a tipped employee establishes by the employer's payroll records
9that, when adding the tips received by the tipped employee in a week to the wages
10paid to the tipped employee in that week, the tipped employee receives not less than
11the applicable minimum wage specified in sub. (1) or (2), the minimum wage for the
12tipped employee is as follows:
SB1,8,1413 1. For wages earned before June 1, 2010, by a tipped employee who is not an
14opportunity employee, $2.75 per hour.
SB1,8,1615 2. For wages earned before June 1, 2010, by a tipped employee who is an
16opportunity employee, $2.50 per hour.
SB1,8,1817 3. For wages earned beginning on June 1, 2010, the amounts determined by the
18department by rule promulgated under sub. (9).
SB1,8,2219 (b) Allowances for meals and lodging. If an employer furnishes a tipped
20employee with meals or lodging in accordance with rules promulgated by the
21department under s. 104.045 (2), the employer may deduct the applicable amounts
22specified in sub. (1) (b) or (2) (b) from the wages of the tipped employee.
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