AB43,1775
20Section
1775. 102.82 (2) (ad) of the statutes is created to read:
AB43,1055,2321
102.82
(2) (ad) Except as provided in pars. (ag), (am), and (ar), for a 4th or
22subsequent determination by the department that an employer was uninsured, an
23uninsured employer shall pay to the department the greater of the following:
AB43,1056,224
1. Four times the amount determined by the department to equal what the
25uninsured employer would have paid during periods of illegal nonpayment for
1worker's compensation in the preceding 3-year period, based on the employer's
2payroll in the preceding 3 years.
AB43,1056,33
2. Four thousand dollars.
AB43,1776
4Section
1776. 102.82 (2) (am) of the statutes is amended to read:
AB43,1056,85
102.82
(2) (am) The department may waive any payment owed under par. (a)
,
6(ab), or (ad) by an uninsured employer if the department determines that the
7uninsured employer is subject to this chapter only because the uninsured employer
8has elected to become subject to this chapter under s. 102.05 (2) or 102.28 (2).
AB43,1777
9Section
1777. 102.82 (2) (ar) of the statutes is amended to read:
AB43,1056,1510
102.82
(2) (ar) The department may waive any payment owed under par. (a)
,
11(ab), (ad), or (ag) or sub. (1) if the department determines that the sole reason for the
12uninsured employer's failure to comply with s. 102.28 (2) is that the uninsured
13employer was a victim of fraud, misrepresentation or gross negligence by an
14insurance agent or insurance broker or by a person whom a reasonable person would
15believe is an insurance agent or insurance broker.
AB43,1778
16Section
1778. 102.85 (1) of the statutes is repealed and recreated to read:
AB43,1056,2017
102.85
(1) (a) If an employer has failed to comply with s. 102.16 (3) or 102.28
18(2), the employer shall, for a first violation, forfeit the greater of $1,000 or the amount
19of the premium that would have been payable for each time the employer failed to
20comply with s. 102.16 (3) or 102.28 (3).
AB43,1056,2421
(b) If an employer has failed to comply with s. 102.16 (3) or 102.28 (2), the
22employer shall, for a 2nd violation, forfeit the greater of $2,000 or 2 times the amount
23of the premium that would have been payable for each time the employer failed to
24comply with s. 102.16 (3) or 102.28 (3).
AB43,1057,4
1(c) If an employer has failed to comply with s. 102.16 (3) or 102.28 (2), the
2employer shall, for a 3rd violation, forfeit the greater of $3,000 or 3 times the amount
3of the premium that would have been payable for each time the employer failed to
4comply with s. 102.16 (3) or 102.28 (3).
AB43,1057,85
(d) If an employer has failed to comply with s. 102.16 (3) or 102.28 (2), the
6employer shall, for a 4th or subsequent violation, forfeit the greater of $4,000 or 4
7times the amount of the premium that would have been payable for each time the
8employer failed to comply with s. 102.16 (3) or 102.28 (3).
AB43,1779
9Section
1779. 102.85 (2) of the statutes is repealed and recreated to read:
AB43,1057,1410
102.85
(2) (a) No employer who is required to provide worker's compensation
11insurance coverage under this chapter may give false information about the coverage
12to his or her employees, the department, or any other person who contracts with the
13employer and who requests evidence of worker's compensation in relation to that
14contract.
AB43,1057,1715
(b) No employer who is required to provide worker's compensation insurance
16coverage under this chapter may fail to notify a person who contracts with the
17employer that the coverage has been canceled in relation to that contract.
AB43,1057,1918
(c) 1. An employer who violates par. (a) or (b) shall, except as provided in subds.
192. and 3., forfeit not less than $100 and not more than $1,000.
AB43,1057,2120
2. An employer who violates par. (a) or (b) shall forfeit $3,000 for a 3rd violation
21of par. (a) or (b).
AB43,1057,2322
3. An employer who violates par. (a) or (b) shall forfeit $4,000 for a 4th violation
23of par. (a) or (b).
AB43,1780
24Section 1780
. 103.005 (12) (a) of the statutes is amended to read:
AB43,1058,11
1103.005
(12) (a) If any employer, employee, owner, or other person violates chs.
2103 to 106, or fails or refuses to perform any duty required under chs. 103 to 106,
3within the time prescribed by the department, for which no penalty has been
4specifically provided, or fails, neglects or refuses to obey any lawful order given or
5made by the department or any judgment or decree made by any court in connection
6with chs. 103 to 106, for each such violation, failure or refusal, the employer,
7employee, owner or other person shall forfeit not less than $10 nor more than $100
8for each offense.
This paragraph does not apply to any person that fails to provide
9any information to the department to assist the department in determining
10prevailing wage rates or prevailing hours of labor under s. 103.49 (3) (a) or (am) or
11103.50 (3) or (4).
AB43,1781
12Section
1781. 103.007 of the statutes is repealed.
AB43,1782
13Section 1782
. 103.06 (1) (b) (intro.) of the statutes is amended to read:
AB43,1058,1614
103.06
(1) (b) (intro.) “Employee" means
, for purposes of compliance with the
15requirements specified in sub. (3) (a), any of the following who is employed by an
16employer:
AB43,1783
17Section 1783
. 103.06 (1) (c) (intro.) of the statutes is amended to read:
AB43,1058,2018
103.06
(1) (c) (intro.) “Employer" means
, for purposes of compliance with the
19requirements specified in sub. (3) (a), any of the following that is engaged in the work
20described in s. 108.18 (2) (c):
AB43,1784
21Section
1784. 103.06 (2) of the statutes is renumbered 103.06 (10), and 103.06
22(10) (intro.) and (a), as renumbered, are amended to read:
AB43,1059,223
103.06
(10) Worker classification compliance; duties of department. (intro.)
24For purposes of promoting and achieving compliance by employers with the laws
25specified in sub. (3) (a) through the proper classification of persons performing
1services for an employer as employees and nonemployees, the The department shall
2do all of the following:
AB43,1059,83
(a) Educate employers, employees, nonemployees, and the public about the
4proper classification of persons performing services for an employer as employees
5and nonemployees.
The department shall establish and maintain on the
6department's website information regarding worker classification laws,
7requirements for employers and employees, penalties for noncompliance, and
8contact information at each state agency that administers worker classification laws.
AB43,1785
9Section 1785
. 103.06 (10) (f) of the statutes is created to read:
AB43,1059,1310
103.06
(10) (f) Design and make available to employers a notice regarding
11worker classification laws, requirements for employers and employees, and
12penalties for noncompliance. The department shall promulgate rules to implement
13this paragraph.
AB43,1786
14Section 1786
. 103.06 (11) of the statutes is created to read:
AB43,1059,1815
103.06
(11) Notice. All employers shall post, in one or more conspicuous places
16where notices to employees are customarily posted, the notice designed by the
17department under sub. (10) (f). Any employer who violates this subsection shall
18forfeit not more than $100 for each offense.
AB43,1787
19Section
1787. 103.10 (1) (a) (intro.) of the statutes is renumbered 103.10 (1)
20(a) and amended to read:
AB43,1059,2221
103.10
(1) (a) “Child" means a natural, adopted, or foster child, a stepchild, or
22a legal ward
to whom any of the following applies:
.
AB43,1788
23Section
1788. 103.10 (1) (a) 1. of the statutes is repealed.
AB43,1789
24Section
1789. 103.10 (1) (a) 2. of the statutes is repealed.
AB43,1790
25Section
1790. 103.10 (1) (ap) of the statutes is created to read:
AB43,1060,1
1103.10
(1) (ap) “Covered active duty” means any of the following:
AB43,1060,32
1. For a member of a regular component of the U.S. armed forces, duty during
3the deployment of the member with the U.S. armed forces to a foreign country.
AB43,1060,74
2. For a member of a reserve component of the U.S. armed forces, duty during
5the deployment of the member with the U.S. armed forces to a foreign country under
6a call or order to active duty under a provision of law specified in
10 USC 101 (a) (13)
7(B).
AB43,1791
8Section
1791. 103.10 (1) (b) of the statutes is amended to read:
AB43,1060,129
103.10
(1) (b) Except as provided in sub. (1m) (b) 2. and s. 452.38, “employee"
10means an individual employed in this state by an employer, except the employer's
11parent, child, spouse, domestic partner,
or child parent, grandparent, grandchild, or
12sibling.
AB43,1792
13Section
1792. 103.10 (1) (dm) of the statutes is created to read:
AB43,1060,1414
103.10
(1) (dm) “Grandchild” means the child of a child.
AB43,1793
15Section
1793. 103.10 (1) (dp) of the statutes is created to read:
AB43,1060,1616
103.10
(1) (dp) “Grandparent” means the parent of a parent.
AB43,1794
17Section
1794. 103.10 (1) (em) of the statutes is created to read:
AB43,1060,1818
103.10
(1) (em) “Medical isolation” means any of the following:
AB43,1060,2219
1. When a health care professional, a local health officer, or the department of
20health services advises that an individual seclude herself or himself from others
21when the individual is awaiting the result of a diagnostic test for a communicable
22disease or when the individual is infected with a communicable disease.
AB43,1060,2423
2. When a local health officer or the department of health services advises that
24an individual isolate or quarantine under s. 252.06.
AB43,1061,3
13. When an individual's employer advises that the individual not come to the
2workplace due to a concern that the individual may have been exposed to or infected
3with a communicable disease.
AB43,1795
4Section
1795. 103.10 (1) (gm) of the statutes is created to read:
AB43,1061,65
103.10
(1) (gm) “Sibling” means a brother, sister, half brother, half sister,
6stepbrother, or stepsister, whether by blood, marriage, or adoption.
AB43,1796
7Section 1796
. 103.10 (1) (h) of the statutes is amended to read:
AB43,1061,98
103.10
(1) (h) “Spouse" means
an employee's legal husband or wife the person
9to whom an employee is legally married.
AB43,1797
10Section
1797. 103.10 (1m) (b) 1. of the statutes is renumbered 103.10 (1) (an).
AB43,1798
11Section
1798. 103.10 (1m) (b) 6. of the statutes is renumbered 103.10 (1) (gd).
AB43,1799
12Section
1799. 103.10 (1m) (b) 7. of the statutes is renumbered 103.10 (1) (m).
AB43,1800
13Section
1800. 103.10 (2) (c) of the statutes is amended to read:
AB43,1061,1614
103.10
(2) (c) This section only applies to an employee who has been employed
15by the same employer for more than 52 consecutive weeks and who worked for the
16employer for at least
1,000 680 hours during the preceding 52-week period.
AB43,1801
17Section
1801. 103.10 (3) (a) of the statutes is repealed.
AB43,1802
18Section
1802. 103.10 (3) (b) 3. of the statutes is amended to read:
AB43,1061,2119
103.10
(3) (b) 3. To care for the employee's child, spouse, domestic partner,
or 20parent,
grandparent, grandchild, or sibling, if the child, spouse, domestic partner,
or 21parent
, grandparent, grandchild, or sibling has a serious health condition.
AB43,1803
22Section
1803. 103.10 (3) (b) 4. of the statutes is created to read:
AB43,1062,223
103.10
(3) (b) 4. Because of any qualifying exigency, as determined by the
24department by rule, arising out of the fact that the spouse, child, domestic partner,
1parent, grandparent, grandchild, or sibling of the employee is on covered active duty
2or has been notified of an impending call or order to covered active duty.
AB43,1804
3Section
1804. 103.10 (3) (b) 5. of the statutes is created to read:
AB43,1062,74
103.10
(3) (b) 5. Because there is an unforeseen or unexpected short-term gap
5in childcare for the employee's child, grandchild, or sibling that the employee must
6fill. The department may define by rule “unforeseen or unexpected short-term gap
7in childcare.”
AB43,1805
8Section
1805. 103.10 (3) (b) 6. of the statutes is created to read:
AB43,1062,119
103.10
(3) (b) 6. To care for the employee's child, spouse, domestic partner,
10parent, grandparent, grandchild, or sibling, if the child, spouse, domestic partner,
11parent, grandparent, grandchild, or sibling is in medical isolation.
AB43,1806
12Section
1806. 103.10 (3) (b) 7. of the statutes is created to read:
AB43,1062,1513
103.10
(3) (b) 7. To address issues of the employee or the employee's child,
14spouse, domestic partner, parent, grandparent, grandchild, or sibling related to
15being the victim of domestic abuse, sexual abuse, or stalking.
AB43,1807
16Section
1807. 103.10 (4) (a) of the statutes is amended to read:
AB43,1062,2017
103.10
(4) (a) Subject to
pars. (b) and par. (c)
and sub. (4m), an employee who
18is in medical isolation or has a serious health condition which makes the employee
19unable to perform his or her employment duties may take medical leave for the
20period during which he or she is unable to perform those duties.
AB43,1808
21Section
1808. 103.10 (4) (b) of the statutes is repealed.
AB43,1809
22Section
1809. 103.10 (4m) of the statutes is created to read:
AB43,1062,2523
103.10
(4m) Duration of leave. In a 12-month period, no employee may take
24more than 12 weeks of family leave for any combination of reasons specified under
25sub. (3) or (4).
AB43,1810
1Section
1810. 103.10 (6) (b) (intro.) of the statutes is amended to read:
AB43,1063,62
103.10
(6) (b) (intro.) If an employee intends to take family leave because of the
3planned medical treatment or supervision of a child, spouse, domestic partner,
or 4parent
, grandparent, grandchild, or sibling or intends to take medical leave because
5of the planned medical treatment or supervision of the employee, the employee shall
6do all of the following:
AB43,1811
7Section
1811. 103.10 (6) (b) 1. of the statutes is amended to read:
AB43,1063,118
103.10
(6) (b) 1. Make a reasonable effort to schedule the medical treatment
9or supervision so that it does not unduly disrupt the employer's operations, subject
10to the approval of the health care provider of the child, spouse, domestic partner,
11parent,
grandparent, grandchild, sibling, or employee.
AB43,1812
12Section
1812. 103.10 (6) (c) of the statutes is created to read:
AB43,1063,1713
103.10
(6) (c) If the employee intends to take family leave under sub. (3) (b) 4.
14that is foreseeable because the spouse, child, domestic partner, parent, grandparent,
15grandchild, or sibling of the employee is on covered active duty or has been notified
16of an impending call or order to covered active duty, the employee shall provide notice
17of that intention to the employer in a reasonable and practicable manner.
AB43,1813
18Section
1813. 103.10 (7) (a) of the statutes is amended to read:
AB43,1063,2419
103.10
(7) (a) If an employee requests family leave for a reason described in sub.
20(3) (b) 3. or requests medical leave
due to a serious health condition, the employer
21may require the employee to provide certification, as described in par. (b), issued by
22the health care provider or Christian Science practitioner of the child, spouse,
23domestic partner, parent,
grandparent, grandchild, sibling, or employee, whichever
24is appropriate.
AB43,1814
25Section
1814. 103.10 (7) (b) (intro.) of the statutes is amended to read:
AB43,1064,2
1103.10
(7) (b) (intro.) No employer may require certification
under par. (a) 2stating more than the following:
AB43,1815
3Section
1815. 103.10 (7) (b) 1. of the statutes is amended to read:
AB43,1064,54
103.10
(7) (b) 1. That the child, spouse, domestic partner, parent,
grandparent,
5grandchild, sibling, or employee has a serious health condition.