LRB-0207/1
MED&GMM:eev:rs
2015 - 2016 LEGISLATURE
January 16, 2015 - Introduced by Senators Wirch,
Carpenter, Erpenbach,
Hansen, Harris Dodd, C. Larson, Ringhand, Risser, Shilling, L. Taylor,
Vinehout and Miller, cosponsored by Representatives Mason,
Barnes,
Berceau, Billings, Genrich, Goyke, Hebl, Hintz, Johnson, Jorgensen,
Kahl, Kolste, Ohnstad, Sargent, Shankland, Sinicki, C. Taylor, Young and
Zepnick. Referred to Committee on Labor and Government Reform.
SB2,1,12
1An Act to repeal 104.01 (5), 104.04 (title), 104.05, 104.06 and 104.11;
to
2renumber 104.01 (1);
to renumber and amend 104.04 and 104.045;
to
3consolidate, renumber and amend 104.02 and 104.03;
to amend 49.141 (1)
4(g), 103.06 (1) (b) 5., 103.06 (1) (c) 5., 103.06 (3) (a) 4., 103.06 (4) (a) 1., 103.67
5(2) (fm) 3., 103.70 (2) (b) 3., 104.001 (1), 104.001 (2), 104.01 (intro.), 104.01 (8),
6104.07 (1) and (2), 104.08 (2m), 104.10, 104.12, 234.94 (5), 234.94 (8), 800.09
7(1j), 800.095 (1) (d) and 895.035 (2m) (c); and
to create 104.01 (1d), 104.01 (1g),
8104.01 (5m), 104.01 (7m), 104.035 and 104.045 (2) and (3) of the statutes;
9relating to: a state minimum wage, extending the time limit for emergency
10rule procedures, providing an exemption from emergency rule procedures,
11providing an exemption from rule-making procedures, and requiring the
12exercise of rule-making authority.
Analysis by the Legislative Reference Bureau
Currently, the state minimum wage law requires that employers pay a living
wage to their employees. Under that law, the Department of Workforce Development
(DWD) has provided, by rule, minimum wages for various types of employees,
including employees, generally; minor employees; opportunity employees, who are
defined as employees under 20 years of age in their first 90 days of employment with
a particular employer; tipped employees; agricultural employees; camp counselors;
golf caddies; students employed at independent colleges and universities for less
than 20 hours per week; student learners employed in bona fide school training
programs; and individuals who are unable to earn the standard minimum wage
because of a disability. DWD has exempted, by rule, from the minimum wage law
employees who perform less than 15 hours per week of casual employment, such as
baby-sitting or lawn mowing, in and around an employer's home; employees who
provide companionship services to elderly or infirm individuals; and elementary and
secondary school students performing work-like activities in their schools. DWD
has also promulgated rules providing allowances against the minimum wage for
employers that provide meals or lodging for their employees.
This bill repeals references to and provisions for a living wage and replaces
them with provisions requiring a minimum wage, described as follows. Under this
bill, DWD will continue to provide the exemptions listed above as well as separate
minimum wages for opportunity employees, agricultural employees, camp
counselors, golf caddies, students employed at independent colleges and universities
for less than 20 hours per week, student learners employed in bona fide school
training programs, and individuals who are unable to earn the standard minimum
wages because of a disability. For employees generally and for tipped employees,
however, the bill sets the minimum wages as follows:
-
See PDF for table 
Beginning three years after the bill's effective date for employees generally and
one year after the bill's effective date for tipped employees, the bill requires DWD
annually to promulgate rules revising the minimum wages established under the bill
by determining the percentage difference between the consumer price index for the
preceding 12-month period (year) and the consumer price index for the year before
the preceding year, adjusting the minimum wages then in effect by that percentage
difference, and rounding that result to the nearest multiple of five cents. For tipped
employees, the bill requires DWD to increase the minimum wage by 95 cents each
year until the minimum wage for tipped employees equals 70 percent of the
minimum wage for employees generally and then in subsequent years to revise the
minimum wage for tipped employees so that the minimum wage for tipped employees
remains equal to 70 percent of the minimum wage for employees generally, rounded
to the nearest multiple of five cents. DWD, however, is not required to revise the
general minimum wage if the consumer price index for the preceding year has not
increased over the consumer price index for the year before the preceding year.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB2,1
1Section
1. 49.141 (1) (g) of the statutes is amended to read:
SB2,3,42
49.141
(1) (g) "Minimum wage" means the state minimum hourly wage under
3ch. 104 s. 104.035 (1) or the federal minimum hourly wage under
29 USC 206 (a) (1),
4whichever is applicable.
SB2,2
5Section
2. 103.06 (1) (b) 5. of the statutes is amended to read:
SB2,3,86
103.06
(1) (b) 5. For purposes of maintaining records under sub. (3) (a) 4. as
7required under rules promulgated under s.
104.04
104.035, an employee, as defined
8in s. 104.01 (2).
SB2,3
9Section
3. 103.06 (1) (c) 5. of the statutes is amended to read:
SB2,3,1210
103.06
(1) (c) 5. For purposes of maintaining records under sub. (3) (a) 4. as
11required under rules promulgated under s.
104.04
104.035, an employer, as defined
12in s. 104.01 (3).
SB2,4
13Section
4. 103.06 (3) (a) 4. of the statutes is amended to read:
SB2,4,214
103.06
(3) (a) 4. That the employer is maintaining records of the hours worked
15by its employees, the wages paid to those employees, any deductions from those
16wages, and any other information that the employer is required to keep under rules
1promulgated under s. 103.02 or
104.04 104.035, and is listing deductions from wages
2as required under s. 103.457.
SB2,5
3Section
5. 103.06 (4) (a) 1. of the statutes is amended to read:
SB2,4,104
103.06
(4) (a) 1. Enter and inspect any place of business or place of employment
5and examine and copy any records that the employer is required to keep under rules
6promulgated under s. 103.02 or
104.04 104.035; any books, registers, payroll records,
7records of wage withholdings, records of work activity and hours of work, and records
8or indicia of the employment status of persons performing work for the employer; and
9any other records relating to compliance with the requirements specified in sub. (3)
10(a).
SB2,6
11Section
6. 103.67 (2) (fm) 3. of the statutes is amended to read:
SB2,4,1312
103.67
(2) (fm) 3. The minor is paid the applicable minimum wage under
ch.
13104 s. 104.035 or under federal law, whichever is greater, for the work.
SB2,7
14Section
7. 103.70 (2) (b) 3. of the statutes is amended to read:
SB2,4,1615
103.70
(2) (b) 3. The minor is paid the applicable minimum wage under
16
ch. 104 s. 104.035 or under federal law, whichever is greater, for the work.
SB2,8
17Section
8. 104.001 (1) of the statutes is amended to read:
SB2,4,2418
104.001
(1) The legislature finds that the provision of a
living minimum wage
19that is uniform throughout the state is a matter of statewide concern and that the
20enactment of a
living minimum wage ordinance by a city, village, town, or county
21would be logically inconsistent with, would defeat the purpose of, and would go
22against the spirit of this chapter. Therefore, this chapter shall be construed as an
23enactment of statewide concern for the purpose of providing a
living minimum wage
24that is uniform throughout the state.
SB2,9
25Section
9. 104.001 (2) of the statutes is amended to read:
SB2,5,3
1104.001
(2) A city, village, town, or county may not enact and administer an
2ordinance establishing a
living minimum wage. Any city, village, town, or county
3living minimum wage ordinance that is in effect on June 16, 2005, is void.
SB2,10
4Section
10. 104.01 (intro.) of the statutes is amended to read:
SB2,5,6
5104.01 Definitions. (intro.)
The following terms as used in In this chapter
6shall be construed as follows:
SB2,11
7Section
11. 104.01 (1) of the statutes is renumbered 104.01 (1m).
SB2,12
8Section
12. 104.01 (1d) of the statutes is created to read:
SB2,5,109
104.01
(1d) "Agricultural employee" means an employee who is employed in
10the operation of farm premises, as described in s. 102.04 (3).
SB2,13
11Section
13. 104.01 (1g) of the statutes is created to read:
SB2,5,1512
104.01
(1g) "Consumer price index" means the average of the consumer price
13index over each 12-month period for all urban consumers, U.S. city average, all
14items, not seasonally adjusted, as determined by the bureau of labor statistics of the
15U.S. department of labor.
SB2,14
16Section
14. 104.01 (5) of the statutes is repealed.
SB2,15
17Section
15. 104.01 (5m) of the statutes is created to read:
SB2,5,1918
104.01
(5m) "Opportunity employee" means a person under 20 years of age who
19is in the first 90 consecutive days of employment with his or her employer.
SB2,16
20Section
16. 104.01 (7m) of the statutes is created to read:
SB2,5,2321
104.01
(7m) "Tipped employee" means an employee who in the course of
22employment customarily and regularly receives money or other gratuities from
23persons other than the employee's employer.
SB2,17
24Section
17. 104.01 (8) of the statutes is amended to read:
SB2,6,2
1104.01
(8) The term "wage" and the term "wages" shall each mean "Wage"
2means any compensation for labor measured by time, piece
, or otherwise.
SB2,18
3Section
18. 104.02 and 104.03 of the statutes are consolidated, renumbered
4104.02 and amended to read:
SB2,6,11
5104.02 Living Minimum wage prescribed: requirement to pay. Every
6wage paid or agreed to be paid by any employer to any employee, except as otherwise
7provided in s. 104.07, shall be not less than
a living the applicable minimum wage
8established under s. 104.035.
104.03 Unlawful wages. Any employer paying,
9offering to pay, or agreeing to pay any employee a wage lower or less in value than
10 a living the applicable minimum wage
established under s. 104.035 is guilty of a
11violation of this chapter.
SB2,19
12Section
19. 104.035 of the statutes is created to read:
SB2,6,14
13104.035 Minimum wage; established. (1) Employees generally. Except
14as provided in subs. (2) to (4), the minimum wage is as follows:
SB2,6,1615
(a) For wages earned before the first day of the 15th month beginning after
16publication .... [LRB inserts date], $8.20 per hour.
