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(a) An employee or worker with a disability covered under a license under s.
22104.07.
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(b) A student learner.
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(c) A student employed by an independent college or university for less than
2520 hours per week.
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1(8) Employment exempted by department. The department shall promulgate
2rules exempting from the minimum wage requirements under subs. (1) to (7) all of
3the following:
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(a) A person engaged in casual employment in and around an employer's home
5on an irregular or intermittent basis for not more than 15 hours per week.
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(b) A person who resides in the home of an employer who, due to advanced age
7or physical or mental disability, cannot care for his or her own needs, for the purpose
8of companionship and who spends not more than 15 hours per week on general
9household work for the employer.
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(c) An elementary or secondary school student performing student work-like
11activities in the student's school.
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12(9) Gender-specific minimum wage prohibited.
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14Section 3078i. 104.04 of the statutes is renumbered 104.035 (9) and amended
15to read:
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104.035
(9) The department shall investigate, ascertain, determine, and fix
17such reasonable classifications, and shall impose general or special orders,
18determining the living wage, and shall carry out the purposes of this chapter. Such
19investigations, classifications, and orders shall be made as provided under s.
20103.005, and the penalties specified in s. 103.005 (12) shall apply to and be imposed
21for any violation of this chapter. In determining the living wage, the department may
22consider the effect that an increase in the living wage might have on the economy of
23the state, including the effect of a living wage increase on job creation, retention, and
24expansion, on the availability of entry-level jobs, and on regional economic
25conditions within the state. The department may not establish a different minimum
1wage for men and women.
Said orders shall be subject to review in the manner
2provided in ch. 227.
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3Section 3078im. 104.045 of the statutes is renumbered 104.045 (intro.) and
4amended to read:
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5104.045 Tipped employees Tips, meals, lodging, and hours worked. 6(intro.) The department shall
by rule determine what amount of promulgate rules
7governing all of the following:
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8(1) The counting of tips or similar gratuities
may be counted toward fulfillment
9of the employer's obligation under this chapter.
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10Section 3078j. 104.045 (2) and (3) of the statutes are created to read:
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104.045
(2) The deduction of meals or lodging provided by an employer to an
12employee from the employer's obligation under this chapter.
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13(3) The determination of hours worked by an employee during which the
14employee is entitled to the minimum wage established under s. 104.035.
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17Section 3078km. 104.07 (1) and (2) of the statutes are amended to read:
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104.07
(1) The department shall
make promulgate rules, and, except as
19provided under subs. (5), (6), and (7), grant
licenses a license to any employer who
20employs any employee
who is unable to earn the living wage determined by the
21department, permitting the employee to work for a wage that
for whom the minimum
22wage established under s. 104.035 is
not commensurate with the employee's ability.
23Each license so granted shall establish a wage for
the licensee any such employees
24of the licensee.
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1(2) The department shall
make promulgate rules, and, except as provided
2under subs. (5), (6), and (7), grant
licenses
a license to
a sheltered
workshops 3workshop, to permit the employment of workers with disabilities
who are unable to
4earn the living wage at a wage that is commensurate with their ability and
5productivity. A license granted to a sheltered workshop under this subsection may
6be issued for the entire workshop or a department of the workshop.
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7Section 3078ks. 104.08 (2m) of the statutes is amended to read:
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104.08
(2m) Any person working in a trade industry for which a
living 9minimum wage has been established for minors, and who has no trade, shall be
10employed under an apprentice contract under s. 106.01.
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11Section 3078L. 104.10 of the statutes is amended to read:
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12104.10 Penalty for intimidating witness. Any employer who discharges or
13threatens to discharge, or
who in any way discriminates
, or threatens to discriminate
14against
, any employee because the employee has testified or is about to testify, or
15because the employer believes that the employee may testify, in any investigation or
16proceeding relative to the enforcement of this chapter,
is guilty of a misdemeanor,
17and upon conviction thereof shall be punished by a fine of may be fined $25 for each
18offense.
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20Section 3078m. 104.12 of the statutes is amended to read:
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21104.12 Complaints. Any person may register with the department a
22complaint that the wages paid to an employee for whom a
living minimum wage has
23been established
under s. 104.035 are less than that
living minimum wage, and the
24department shall investigate the matter and take all proceedings necessary to
25enforce the payment of
a that minimum wage
that is not less than the living wage.
1Section 111.322 (2m) applies to discharge and other discriminatory acts arising in
2connection with any proceeding under this section.