AB474,4,107 102.85 (1) (c) For each act occurring after the date of the 3rd determination of
8a violation of this subsection, the employer shall be assessed a penalty in the amount
9of $3,000 for each act, or 3 times the amount of the premium that would have been
10payable, whichever is greater.
AB474,5 11Section 5 . 102.85 (1) (d) of the statutes is created to read:
AB474,4,1512 102.85 (1) (d) For each act occurring after the date of the 4th determination of
13a violation of this subsection, the employer shall be assessed a penalty in the amount
14of $4,000 for each act, or 4 times the amount of the premium that would have been
15payable, whichever is greater.
AB474,6 16Section 6 . 102.85 (2) (intro.) of the statutes is amended to read:
AB474,4,2017 102.85 (2) (intro.) An For each act occurring after the date of the first
18determination under this subsection, an
employer who is required to provide
19worker's compensation insurance coverage under this chapter shall forfeit not less
20than $100 nor and not more than $1,000 if the employer does any of the following:
AB474,7 21Section 7 . 102.85 (2j) of the statutes is created to read:
AB474,4,2422 102.85 (2j) For each act occurring after the date of the 3rd determination under
23sub. (2), an employer who is required to provide worker's compensation insurance
24coverage under this chapter shall forfeit $3,000 per violation.
AB474,8 25Section 8 . 102.85 (2k) of the statutes is created to read:
AB474,5,3
1102.85 (2k) For each act occurring after the date of the 4th determination
2under sub. (2), an employer who is required to provide worker's compensation
3insurance coverage under this chapter shall forfeit $4,000 per violation.
AB474,9 4Section 9 . 103.005 (4m) of the statutes is created to read:
AB474,5,75 103.005 (4m) (a) The department shall design and make available to employers
6a notice regarding worker classification laws, requirements for employers and
7employees, and penalties for noncompliance.
AB474,5,118 (b) All employers shall post, in one or more conspicuous places where notices
9to employees are customarily posted, the notice designed by the department under
10par. (a). Any employer who violates this paragraph shall forfeit not more than $100
11for each offense.
AB474,5,1512 (c) The department shall establish and maintain on the department's website
13information regarding worker classification laws, requirements for employers and
14employees, penalties for noncompliance, and contact information at each state
15agency that administers worker classification laws.
AB474,10 16Section 10 . 108.221 (1) (a) of the statutes is renumbered 108.221 (1) (a) (intro.)
17and amended to read:
AB474,5,2318 108.221 (1) (a) (intro.) Any employer described in s. 108.18 (2) (c) or engaged
19in the painting or drywall finishing of buildings or other structures
who knowingly
20and intentionally provides false information to the department for the purpose of
21misclassifying or attempting to misclassify an individual who is an employee of the
22employer as a nonemployee shall, for each incident, be assessed a penalty by the
23department as follows:
AB474,6,3
11. For each act occurring before the date of the first determination of a violation
2of this subsection, the employer shall be assessed a penalty
in the amount of $500
3for each employee who is misclassified, but not to exceed $7,500 per incident.
AB474,11 4Section 11 . 108.221 (1) (a) 2. of the statutes is created to read:
AB474,6,75 108.221 (1) (a) 2. For each act occurring after the date of the first determination
6of a violation of this subsection, the employer shall be assessed a penalty in the
7amount of $1,000 for each employee who is misclassified.
AB474,12 8Section 12 . 108.221 (2) of the statutes is renumbered 108.221 (2) (intro.) and
9amended to read:
AB474,6,1310 108.221 (2) (intro.) Any employer described in s. 108.18 (2) (c) or engaged in the
11painting or drywall finishing of buildings or other structures
who, through coercion,
12requires an individual to adopt the status of a nonemployee shall be assessed a
13penalty by the department as follows:
AB474,6,16 14(a) For each act occurring before the date of the first determination of a
15violation of this subsection, the employer shall be assessed a penalty
in the amount
16of $1,000 for each individual so coerced, but not to exceed $10,000 per calendar year.
AB474,13 17Section 13 . 108.221 (2) (b) of the statutes is created to read:
AB474,6,2018 108.221 (2) (b) For each act occurring after the date of the first determination
19of a violation of this subsection, the employer shall be assessed a penalty in the
20amount of $2,000 for each individual so coerced.
AB474,14 21Section 14 . 182.01 (8) of the statutes is created to read:
AB474,6,2422 182.01 (8) Information to be provided with business formation filings. The
23department shall provide informational materials and resources on worker
24misclassification to each person who files with the department any of the following:
AB474,7,1
1(a) Articles of incorporation under s. 180.0202 or 181.0202.
AB474,7,22 (b) Articles of organization under s. 183.0201.
AB474,7,33 (c) A statement of qualification under s. 178.0901.
AB474,7,44 (d) A certificate of limited partnership under s. 179.0201.
AB474,15 5Section 15 . 601.41 (12) of the statutes is created to read:
AB474,7,106 601.41 (12) Employee misclassification outreach and education. The
7commissioner shall, on at least an annual basis, conduct outreach and education to
8persons subject to regulation under chs. 600 to 655 on how to identify the
9misclassification of employees as independent contractors and how to report
10suspected misclassifications to the appropriate federal and state agencies.
AB474,7,1111 (End)
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