AB583,3,64 (a) “Bona fide business reason” means a reason that justifies an employer's
5action and that is based on the employer's determination that taking a different
6action would have any of the following results:
AB583,3,97 1. Additional costs to the employer, including costs of lost employee
8productivity, retaining or hiring employees, or transferring employees between work
9locations.
AB583,3,1110 2. A significant detrimental effect on the employer's ability to meet
11organizational needs or customer demand.
AB583,4,2
13. A significant inability of the employer, despite the employer's best efforts,
2to reorganize work among other employees.
AB583,4,33 4. A significant detrimental effect on the employer's business performance.
AB583,4,44 5. Insufficient work during the period an employee proposes to work.
AB583,4,75 6. Unfairness to other employees who request changes to work schedules if
6granting all requests would have a significant detrimental effect on the employer's
7ability to meet organizational needs.
AB583,4,88 (b) “Child” means an individual who is all of the following:
AB583,4,109 1. A biological, adopted, or foster child; a stepchild; a legal ward; or a child of
10a person standing in the place of a parent with respect to that child.
AB583,4,1111 2. An individual to whom any of the following applies:
AB583,4,1212 a. The individual is less than 18 years of age.
AB583,4,1413 b. The individual is 18 years of age or older and is incapable of self-care because
14of a mental or physical disability.
AB583,4,1515 (c) “Domestic partner” has the meaning given in s. 40.02 (21c) or 770.01 (1).
AB583,4,1616 (d) “Employee” means an employee who is employed by an employer.
AB583,4,2117 (e) “Employer” means an employer that employs at least 15 employees.
18“Employer” includes the state, its political subdivisions, and any office, department,
19independent agency, authority, institution, association, society, or other body in state
20or local government created or authorized to be created by the constitution or any
21law, including the legislature and the courts.
AB583,4,2222 (f) “Family member” means any of the following:
AB583,4,2323 1. A spouse or domestic partner of an employee.
AB583,4,2524 2. A parent, child, sibling, brother-in-law, sister-in-law, grandparent, or
25grandchild of an employee or of an employee's spouse or domestic partner.
AB583,5,4
13. Any other individual who is related by blood, marriage, or adoption to an
2employee or to an employee's spouse or domestic partner and whose close association
3with the employee, spouse, or domestic partner makes the individual the equivalent
4of a family member of the employee, spouse, or domestic partner.
AB583,5,55 (g) “Grandchild” means the child of a child.
AB583,5,66 (h) “Grandparent” means the parent of a parent.
AB583,5,97 (i) “Nonexempt employee” means an employee who is not employed in a bona
8fide executive, administrative, or professional capacity, as described in 29 USC 213
9(a) (1).
AB583,5,1210 (j) “Parent” means a biological parent, foster parent, adoptive parent,
11stepparent, or legal guardian of an employee or of an employee's spouse or domestic
12partner.
AB583,5,1413 (k) “Part-time employee” means an employee who works on average fewer than
1430 hours per week for a particular employer.
AB583,5,1915 (L) “Service employee” means a nonexempt employee who is employed in an
16occupation designated by the department under sub. (3) (g) or in any of the
17occupations classified under the following codes set forth in the Standard
18Occupational Classification system, 2018 edition, published by the bureau of labor
19statistics of the U.S. department of labor:
AB583,5,2120 1. Major group code 35-0000 — Food preparation and serving related
21occupations.
AB583,5,2222 2. Broad occupation code 37-2010 — Building cleaning workers.
AB583,5,2423 3. Detailed occupation code 41-1011 — First-line supervisors of retail sales
24workers.
AB583,5,2525 4. Minor group code 41-2000 — Retail sales workers.
AB583,6,2
1(m) “Sibling” means a brother, sister, half brother, half sister, stepbrother,
2stepsister, foster brother, or foster sister, whether by blood, marriage, or adoption.
AB583,6,53 (n) “Split shift” means a work shift that consists of work time that is not
4continuous. For purposes of determining whether a work shift is continuous, any of
5the following breaks in work time are not considered:
AB583,6,66 1. One or more breaks for meals that total one hour or less.
AB583,6,77 2. A break that is requested by the employee.
AB583,6,108 (o) “Work schedule” means the days and times during each successive work
9period when an employee is required by an employer to perform duties of
10employment.
AB583,6,1211 (p) “Work shift” means the specific times during a day that an employer
12requires an employee to work.
AB583,6,1413 (q) “Written” does not include a communication that is transmitted or received
14by electronic means.
AB583,6,17 15(2) Employee right to request and receive work schedule changes. (a)
16Employee right to request work schedule changes. 1. An employee may request a
17change in the terms and conditions of employment related to any of the following:
AB583,6,1818 a. The number of hours the employee is required to work or be on call for work.
AB583,6,2019 b. The days or times when the employee is required to work or be on call for
20work.
AB583,6,2121 c. The location where the employee is required to work.
AB583,6,2322 d. The amount of notification the employee receives regarding changes to the
23employee's work schedule.
AB583,6,2524 e. Minimizing fluctuations in the number of hours the employee is scheduled
25to work on a daily, weekly, or monthly basis.
AB583,7,2
12. An employee who makes a request under subd. 1. shall specify in the request
2whether it is related to any of the following:
AB583,7,33 a. A serious health condition, as defined under s. 103.10 (1) (g), of the employee.
AB583,7,74 b. The employee's responsibilities as a significant provider of ongoing care,
5including responsibility for securing ongoing care, of the employee's child, family
6member with a serious health condition, as defined under s. 103.10 (1) (g), or parent
7who is 65 years of age or older.
AB583,7,98 c. The employee's responsibilities as a significant provider of education,
9including responsibility for securing education, of the employee's child.
AB583,7,1110 d. The employee's enrollment in an educational or training program or program
11of study that leads to a recognized postsecondary credential.
AB583,7,1312 e. If the employee is a part-time employee, conflicts with the employee's other
13employment.
AB583,7,2114 (b) Evaluating requests for work schedule changes. If an employer receives a
15request from an employee under par. (a), the employer shall either grant the request
16without modification or negotiate in good faith with the employee to find a
17compromise that meets the employee's and the employer's work scheduling needs,
18including by considering any alternative proposals offered by the employee. If the
19employer denies the request and any alternative proposals offered, the employer
20shall inform the employee of the reasons for denial, including whether any of the
21reasons is a bona fide business reason.
AB583,8,222 (c) Requests related to serious health conditions, caregiving, education, or other
23part-time employment.
Notwithstanding par. (b), if an employer receives a request
24from an employee under par. (a) that is directly related to anything specified under

1par. (a) 2., the employer shall grant the request unless the employer has a bona fide
2business reason for denying the request.
AB583,8,73 (d) Verification of reasons for requested changes. If an employer receives a
4request from an employee under par. (a), the employer may require the employee to
5provide additional information to clarify or explain the reasons for the employee's
6requested work schedule change if the employer needs that information to properly
7evaluate the request under par. (b) or (c).
AB583,8,11 8(3) Predictable work schedules for retail, food service, and cleaning
9employees.
(a) Advance notice of work schedules required. 1. On or before the first
10day of work of a new service employee, an employer shall provide the service
11employee with a written copy of the service employee's work schedule.
AB583,8,1512 2. Except as provided in pars. (b) and (c), if an employer changes a work
13schedule provided to a service employee under subd. 1. or this subdivision, the
14employer shall provide the service employee with a written copy of the new work
15schedule no later than 14 days before the new work schedule begins.
AB583,8,1716 3. An employer shall post a copy of a work schedule provided under this
17paragraph in at least one of the following ways:
AB583,8,1918 a. In one or more conspicuous places where notices to employees are
19customarily posted.
AB583,8,2020 b. On an Internet site accessible by all of the employer's employees.
AB583,8,2221 4. If an employer changes a work schedule after it is posted under subd. 3., the
22employer shall revise the posted work schedule to reflect those changes.
AB583,9,623 (b) Employer-initiated changes to work schedules without advance notice. 1.
24An employer may change, without the advance notice required under par. (a) 2., a
25work schedule provided to a service employee under par. (a) 1. or 2. as provided in

1this paragraph. Except as provided under subd. 2., if the employer changes a work
2schedule provided to a service employee under par. (a) 1. or 2. less than 14 days before
3the new work schedule begins, the employer shall provide the service employee
4compensation for the change in an amount equal to the service employee's regular
5rate of pay for one hour of work in addition to any other compensation earned by the
6service employee.
AB583,9,97 2. An employer is not required to pay compensation to a service employee under
8subd. 1. for a change to the service employee's work schedule if any of the following
9applies to the change:
AB583,9,1010 a. The service employee consents to the change.
AB583,9,1311 b. The employer requires the service employee to work additional time or an
12additional work shift because another service employee was scheduled to work that
13time or work shift and is unexpectedly unavailable to work.
AB583,9,1814 (c) Employee-initiated changes to work schedules. An employer may allow a
15service employee to agree to work in place of another service employee if the service
16employees mutually agree to the change. The employer is not required to provide
17compensation under par. (b) 1. to a service employee with respect to a work shift
18agreement under this paragraph.
AB583,9,2319 (d) Compensation for reporting time, on-call time, and split shifts. 1. Except
20as provided in subd. 4., if a service employee reports to work and the service
21employee's employer does not allow the service employee to work all time that the
22service employee is scheduled to work, the employer shall provide the service
23employee with the following compensation:
AB583,9,2524 a. If the service employee is scheduled to work 4 hours or less, an amount equal
25to the service employee's regular rate of pay for all time the service employee is

1scheduled to work but does not work in addition to any other compensation earned
2by the service employee for time the service employee actually works.
AB583,10,73 b. If the service employee is scheduled to work more than 4 hours and works
4less than 4 hours, an amount equal to the service employee's regular rate of pay for
5the difference between 4 hours and the amount of time the service employee actually
6works in addition to any other compensation earned by the service employee for time
7the service employee actually works.
AB583,10,148 2. Except as provided in subd. 4., if an employer requires a service employee
9to contact the employer, or wait to be contacted by the employer, less than 24 hours
10before a work shift begins to determine whether the employer will require the service
11employee to report to work for that work shift, the employer shall provide the service
12employee compensation in an amount equal to the service employee's regular rate of
13pay for one hour of work in addition to any other compensation earned by the service
14employee for time the service employee actually works.
AB583,10,1915 3. Except as provided in subd. 4, if an employer requires a service employee to
16work a split shift, the employer shall provide the service employee compensation in
17an amount equal to the service employee's regular rate of pay for one hour of work
18in addition to any other compensation earned by the service employee for time the
19service employee actually works.
AB583,10,2320 4. If a service employee is entitled to more than one type of compensation under
21subds. 1. to 3. with respect to a particular work shift, the employer shall pay the
22service employee the compensation required under subd. 1., 2., or 3., whichever is
23greatest.
AB583,11,424 (e) Manner of payment of additional compensation. An employer that is
25required to provide compensation to a service employee under par. (b) 1. or (d) shall

1pay that compensation on the service employee's regular paycheck or other wage
2payment. The employer shall identify on the paycheck, pay envelope, or paper
3accompanying the wage payment the amount of and reason for all additional
4compensation paid.
AB583,11,75 (f) Exception. An employer is not required to comply with this subsection
6during a period in which the employer's regular operations are suspended due to an
7event outside of the employer's control.
AB583,11,158 (g) Designating additional covered occupations. The department may
9promulgate rules to apply the protections afforded under pars. (a) to (f) to additional
10occupations. The department may designate an occupation under this paragraph if
11the department determines that at least 10 percent of the individuals employed in
12the occupation either typically receive notice of changes to their work schedules less
13than 14 days before the changes take effect or regularly experience fluctuations in
14the number of hours the individuals are scheduled to work on a daily, weekly, or
15monthly basis.
AB583,11,22 16(4) Prohibited acts. (a) No employer may interfere with, restrain, or deny the
17exercise of the right of an employee to request and receive a change in the terms and
18conditions of employment as provided under sub. (2). No employer may interfere
19with, restrain, or deny the exercise of the right of a service employee to receive
20advance notice of work schedules as provided under sub. (3) (a), receive
21compensation as provided under sub. (3) (b) 1. and (d), or request approval to work
22in place of another employee as provided under sub. (3) (c).
AB583,12,423 (b) No employer may discharge or discriminate against an employee in
24promotion, in compensation, or in the terms, conditions, or privileges of employment
25for exercising a right of an employee described under par. (a), opposing a practice

1prohibited under this section, filing or indicating an intent to file a complaint or
2otherwise attempting to enforce a right under this section, or testifying, assisting,
3or participating in any manner in any investigation, action, or proceeding to enforce
4a right under this section.
AB583,12,65 (c) Section 111.322 (2m) applies to discharge or other discriminatory acts
6arising in connection with any proceeding under this section.
AB583,12,14 7(5) Enforcement. (a) Administrative proceeding. An employee whose rights
8are interfered with, restrained, or denied in violation of sub. (4) (a) or who is
9discharged or discriminated against in violation of sub. (4) (b) may file a complaint
10with the department, and the department shall process the complaint in the same
11manner that employment discrimination complaints are processed under s. 111.39.
12If the department finds that a violation has occurred, the department may order the
13employer to take action to remedy the violation, including any action authorized
14under s. 111.39.
AB583,12,1915 (b) Civil action. 1. The department or an employee whose rights are interfered
16with, restrained, or denied in violation of sub. (4) (a) or who is discharged or
17discriminated against in violation of sub. (4) (b) may bring an action in circuit court
18against an employer on the basis of the violation without regard to exhaustion of any
19administrative remedy.
AB583,12,2220 2. In an action under subd. 1., if the circuit court finds that a violation of sub.
21(4) (a) or (b) has occurred with respect to an employee, the circuit court shall order
22the defendant to pay to the employee all of the following:
AB583,12,2423 a. Compensatory damages in an amount that the circuit court or jury finds
24appropriate.
AB583,13,5
1b. Unless the employer proves that the employer acted in good faith and had
2a reasonable basis for believing that the act or omission that constituted the violation
3was not a violation of this section, an additional amount as liquidated damages equal
4to 100 percent of the amount of compensatory damages determined under subd. 2.
5a.
AB583,13,76 c. Notwithstanding s. 814.04 (1), reasonable attorney fees and costs incurred
7in the action.
AB583,13,98 3. Damages awarded under subd. 2. are in addition to any back pay or other
9amounts awarded under s. 111.39 or 111.395.
AB583,13,12 10(6) Penalties. In addition to any damages imposed under sub. (5), an employer
11that willfully violates this section may be required to forfeit not more than $1,000 for
12each violation. Each day of continued violation constitutes a separate offense.
AB583,13,16 13(7) Notice posted. An employer shall post, in one or more conspicuous places
14where notices to employees are customarily posted, a notice in a form approved by
15the department setting forth employees' rights under this section. An employer that
16violates this subsection shall forfeit not more than $100 for each violation.
AB583,2 17Section 2. 111.322 (2m) (a) of the statutes is amended to read:
AB583,13,2118 111.322 (2m) (a) The individual files a complaint or attempts to enforce any
19right under s. 103.02, 103.035, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34,
20103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599
21or 103.64 to 103.82.
AB583,3 22Section 3. 111.322 (2m) (b) of the statutes is amended to read:
AB583,14,223 111.322 (2m) (b) The individual testifies or assists in any action or proceeding
24held under or to enforce any right under s. 103.02, 103.035, 103.10, 103.11, 103.13,

1103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55,
2or ss. 101.58 to 101.599 or 103.64 to 103.82.
AB583,4 3Section 4. Nonstatutory provisions.
AB583,14,124 (1) Predictable work schedules for retail, food service, and cleaning
5employees; transitional provisions.
No later than the effective date of this
6subsection, an employer, as defined in s. 103.035 (1) (e), shall provide each service
7employee, as defined in s. 103.035 (1) (L), with a written copy of the service
8employee's work schedule, as defined in s. 103.035 (1) (o). That work schedule is
9considered a work schedule provided to a service employee under s. 103.035 (3) (a)
102. for all purposes under s. 103.035, including that the employer shall post a copy of
11the work schedule as provided in s. 103.035 (3) (a) 3., and, if the employer changes
12that work schedule, s. 103.035 (3) (a) 2. applies to that change.
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