SB2: Bill Text

SB2,9,25 104.035 (6) The department shall investigate, ascertain, determine, and fix such reasonable classifications, and shall impose general or special orders, determining the living wage, and shall carry out the purposes of this chapter. Such investigations, classifications, and orders shall be made as provided under s. 103.005, and the penalties specified in s. 103.005 (12) shall apply to and be imposed for any violation of this chapter. In determining the living wage, the department may consider the effect that an increase in the living wage might have on the economy of the state, including the effect of a living wage increase on job creation, retention, and expansion, on the availability of entry-level jobs, and on regional economic conditions within the state. The department may not establish a different minimum wage for men and women. Said orders shall be subject to review in the manner provided in ch. 227.

SB2,22 Section 22. 104.045 of the statutes is renumbered 104.045 (intro.) and amended to read:

SB2,10,15 104.045 Tipped employees Tips, meals, lodging, and hours worked. (intro.) The department shall by rule determine what amount of promulgate rules governing all of the following:

SB2,10,17 (1) The counting of tips or similar gratuities may be counted toward fulfillment of the employer's obligation under this chapter.

SB2,23 Section 23. 104.045 (2) and (3) of the statutes are created to read:

SB2,10,20 104.045 (2) The deduction of meals or lodging provided by an employer to an employee from the employer's obligation under this chapter.

SB2,10,22 (3) The determination of hours worked by an employee during which the employee is entitled to the minimum wage established under s. 104.035.

SB2,24 Section 24. 104.05 of the statutes is repealed.

SB2,25 Section 25. 104.06 of the statutes is repealed.

SB2,26 Section 26. 104.07 (1) and (2) of the statutes are amended to read:

SB2,11,7 104.07 (1) The department shall make promulgate rules, and, except as provided under subs. (5), (6), and (7), grant licenses a license to any employer who employs any employee who is unable to earn the living wage determined by the department, permitting the employee to work for a wage that for whom the minimum wage established under s. 104.035 is not commensurate with the employee's ability. Each license so granted shall establish a wage for the licensee any such employees of the licensee.

SB2,11,13 (2) The department shall make promulgate rules, and, except as provided under subs. (5), (6), and (7), grant licenses a license to a sheltered workshops workshop, to permit the employment of workers with disabilities who are unable to earn the living wage at a wage that is commensurate with their ability and productivity. A license granted to a sheltered workshop under this subsection may be issued for the entire workshop or a department of the workshop.

SB2,27 Section 27. 104.08 (2m) of the statutes is amended to read:

SB2,11,17 104.08 (2m) Any person working in a trade industry for which a living minimum wage has been established for minors, and who has no trade, shall be employed under an apprentice contract under s. 106.01.

SB2,28 Section 28. 104.10 of the statutes is amended to read:

SB2,11,25 104.10 Penalty for intimidating witness. Any employer who discharges or threatens to discharge, or who in any way discriminates , or threatens to discriminate against, any employee because the employee has testified or is about to testify, or because the employer believes that the employee may testify, in any investigation or proceeding relative to the enforcement of this chapter, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of may be fined $25 for each offense.

SB2,29 Section 29. 104.11 of the statutes is repealed.

SB2,30 Section 30. 104.12 of the statutes is amended to read:

SB2,12,9 104.12 Complaints. Any person may register with the department a complaint that the wages paid to an employee for whom a living minimum wage has been established under s. 104.035 are less than that living minimum wage, and the department shall investigate the matter and take all proceedings necessary to enforce the payment of a that minimum wage that is not less than the living wage. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.

SB2,31 Section 31. 234.94 (5) of the statutes is amended to read:

SB2,12,14 234.94 (5) "Primary employment" means work which that pays at least the minimum wage as established under ch. 104 s. 104.035 (1) or under federal law, whichever is greater,; offers adequate fringe benefits, including health insurance,; and is not seasonal or part time.

SB2,32 Section 32. 234.94 (8) of the statutes is amended to read:

SB2,12,21 234.94 (8) "Target group" means a population group for which the unemployment level is at least 25% 25 percent higher than the statewide unemployment level, or a population group for which the average wage received is less than 1.2 times the minimum wage as established under ch. 104 s. 104.035 (1) or under federal law, whichever is greater. No population group is required to be located within a contiguous geographic area to be considered a target group.

SB2,33 Section 33. 800.09 (1j) of the statutes is amended to read:

SB2,13,9 800.09 (1j) If the court orders the defendant to perform community service work in lieu of making restitution or of paying the forfeiture, surcharges, fees and costs, or both, the court may order that the defendant perform community service work for a public agency or a nonprofit charitable organization that is approved by the court and agreed to by the public agency or nonprofit charitable organization. Community service work may be in lieu of restitution only if also agreed to by the person to whom restitution is owed. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the forfeiture by the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment s. 104.035 (1). The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.

SB2,34 Section 34. 800.095 (1) (d) of the statutes is amended to read:

SB2,13,21 800.095 (1) (d) That the defendant perform community service work for a public agency or nonprofit charitable organization approved by the court and agreed to by the agency or nonprofit charitable organization. If the community service work is in lieu of restitution, then the person to whom restitution is owed must agree; the defendant shall be given credit at the rate of not less than the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment s. 104.035 (1) for each one hour of community service completed. The defendant shall be given a written statement of the community service order. Nothing in this paragraph makes the defendant an employee or agent of the court or the municipality. The defendant shall be responsible for providing the court with proof that the community service hours have been completed.

SB2,35 Section 35. 895.035 (2m) (c) of the statutes is amended to read:

SB2,14,15 895.035 (2m) (c) The court assigned to exercise jurisdiction under chs. 48 and 938 may order that the juvenile perform community service work for a public agency or nonprofit charitable organization that is designated by the court in lieu of making restitution or paying the forfeiture or surcharge. If the parent agrees to perform community service work in lieu of making restitution or paying the forfeiture or surcharge, the court may order that the parent perform community service work for a public agency or a nonprofit charitable organization that is designated by the court. Community service work may be in lieu of restitution only if also agreed to by the public agency or nonprofit charitable organization and by the person to whom restitution is owed. The court may utilize any available resources, including any community service work program, in ordering the juvenile or parent to perform community service work. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the restitution, forfeiture, or surcharge by the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment s. 104.035 (1). The court shall ensure that the juvenile or parent is provided with a written statement of the terms of the community service order and that the community service order is monitored.

SB2,36 Section 36. Effective date.

SB2,14,18 (1) Minimum wage. This act takes effect on the first day of the 3rd month beginning after publication.

SB2,14,19 (End)