2015 - 2016 LEGISLATURE
SENATE AMENDMENT 46,
TO SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 21
July 7, 2015 - Offered by Senators
Wirch and Lassa.
The council on worker's compensation shall advise the department 11
in carrying out the purposes of this chapter. Such council shall submit its
recommendations with respect to amendments to this chapter to each regular 2
session of the legislature and shall report its views upon any pending bill relating to 3
this chapter to the proper legislative committee as provided in sub. (3)
. At the 4
request of the chairpersons of the senate and assembly committees on labor, the 5
department shall schedule a meeting of the council with the members of the senate 6
and assembly committees on labor to review and discuss matters of legislative 7
concern arising under this chapter.
The council on worker's compensation shall review and report its 10
views on any bill relating to this chapter to the proper legislative committee before 11
any public hearing on the bill is held before any standing committee or, if no public 12
hearing is held, before any vote is taken on the bill by any standing committee or, if 13
the bill is not referred to a standing committee, before any vote is taken on the bill 14
by either house of the legislature. The council shall submit its report by no later than 15
the 30th day after the date of introduction of the bill.".
(g) "Minimum wage" means the state minimum hourly wage under 21ch. 104 s. 104.035 (1)
or the federal minimum hourly wage under 29 USC 206
(a) (1), 22
whichever is applicable.
103.02 of the statutes is renumbered 103.02 (1) and amended to 2
No person may be employed or be permitted to work in any place of 4
employment or at any employment for such any
period of time during any day, night, 5
or week, as that
is dangerous or prejudicial to the person's life, health, safety,
The department shall investigate, ascertain, determine,
and fix such 8
reasonable classification, classifications, issue general or special orders,
promulgate rules fixing a period of time, or hours of beginning and ending work 10
during any day, night,
or week, which shall that may
be necessary to protect the life, 11
or welfare of any person,
or to carry out the purposes of ss. 103.01 to 12
103.03. The department shall, by rule, classify such periods of time into periods to 13
be paid for at regular rates and periods to be paid for at the rate of at least one and
times the regular rates. Such investigations, classifications, rules,
orders shall be made as provided in s. 103.005 and the penalties under s. 103.005 (12)
16shall apply to and be imposed for any violation of ss. 103.01 to 103.03
. Such orders 17
shall be subject to review in the manner provided in ch. 227. Section 111.322 (2m)
18applies to discharge or other discriminatory acts arising in connection with any
19proceeding under this section.
The employment of any person in any employment or place of 22
employment at any time other than the permissible hours of labor under this section 23
shall be prima facie evidence of a violation of this section.
1103.023 Hours of labor; exempt employees. (1) Definitions.
In this 2
(a) "Compensated on a salary basis" means to receive regularly each pay period 4
a predetermined amount constituting all or part of the employee's compensation, 5
which amount is not subject to reduction because of any of the following:
1. Variations in the quality or quantity of the work performed.
2. Absences from work occasioned by the employer or by the operating 8
requirements of the employer's business.
3. The fact that work is not available, so long as the employee is ready, willing, 10
and able to work.
(b) "Employee employed in a bona fide administrative capacity" means an 12
employee who is compensated on a salary basis at a rate of not less than the rate 13
determined under sub. (3), exclusive of board, lodging, or other facilities, whose 14
primary duty is the performance of office or nonmanual work directly related to the 15
management or general business operations of the employer or of the employer's 16
customers, and whose primary duty includes the exercise of discretion and 17
independent judgment with respect to matters of significance.
(c) "Employee employed in a bona fide executive capacity" means an employee 19
who is compensated on a salary basis at a rate of not less than the rate determined 20
under sub. (3), exclusive of board, lodging, or other facilities, whose primary duty is 21
management of the enterprise in which he or she is employed or a department or 22
subdivision of that enterprise, who customarily and regularly directs the work of two 23
or more other employees, and who has the authority to hire and fire other employees 24
or whose suggestions and recommendations as to the hiring, firing, advancement, 25
promotion, or any other change in status of other employees are given particular
weight. In this paragraph, "customarily and regularly directs" means to direct with 2
a frequency that is greater than occasional, but not necessarily constant, including 3
direction that is normally and recurrently performed every work week, but not 4
including isolated or one-time direction.
(d) "Employee employed in a bona fide professional capacity" means an 6
employee who is compensated on a salary or fee basis at a rate of not less than the 7
rate determined under sub. (3), exclusive of board, lodging, or other facilities and 8
whose primary duty is the performance of work requiring knowledge of an advanced 9
type in a field of science or learning customarily acquired by a prolonged course of 10
specialized intellectual instruction or requiring invention, imagination, originality, 11
or talent in a recognized field of artistic or creative endeavor.
(e) "Exempt employee" means an employee employed in a bona fide 13
administrative, executive, or professional capacity.
(f) "Primary duty" means the principal, main, major, or most important duty 15
that an employee performs as determined on the basis of all the factors in a particular 16
case, with the major emphasis on the character of the employee's job as a whole, 17
including all of the following factors:
1. The relative importance of the employee's duties as an exempt employee as 19
compared to other types of duties.
2. The amount of time spent by the employee performing the duties of an 21
3. The employee's relative freedom from direct supervision.
4. The relationship between the employee's salary and the wages paid to other 24
employees for the kind of work, other than the work of an exempt employee, 25
performed by the employee.
1(2) Exempt employees.
In promulgating rules under s. 103.02 (2) classifying 2
periods of time into periods to be paid for at regular rates and periods to be paid for 3
at a rate of at least 1.5 times the regular rates, the department shall exempt from 4
the application of those rules employees employed in a bona fide administrative, 5
executive, or professional capacity.
6(3) Pay rate determination.
(a) For the purpose of sub. (1) (b), (c), and (d), the 7
rate of compensation shall be $970 per week until the first day of the 18th month 8
beginning after the effective date of this paragraph .... [LRB inserts date]. By the 9
first day of the 18th month beginning after the effective date of this paragraph .... 10
[LRB inserts date], and annually thereafter, the department shall, subject to par. (c), 11
promulgate rules to revise that rate. The department shall revise the rate of 12
compensation by calculating the percentage difference between the consumer price 13
index for the 12-month period ending on the last day of the last month for which that 14
information is available and the consumer price index for the 12-month period 15
ending on the last day of the month 12 months prior to that month, adjusting the rate 16
then in effect by that percentage difference, and rounding that result to the nearest 17
multiple of 5 cents.
(b) The department may use the emergency rule procedures under s. 227.24 to 19
promulgate the rules required under par. (a). Notwithstanding s. 227.24 (1) (a) and 20
(3), the department may promulgate those rules as emergency rules without 21
providing evidence that promulgating those rules as emergency rules is necessary 22
to preserve the public peace, health, safety, or welfare and without a finding of 23
emergency. Notwithstanding s. 227.24 (1) (e) 1d. and 1g., the department is not 24
required to prepare a statement of the scope of those rules or to submit those rules 25
in final draft form to the governor for approval.
(c) Paragraph (a) does not apply if the consumer price index for the 12-month 2
period ending on the last day of the last month for which that information is available 3
has not increased over the consumer price index for the 12-month period ending on 4
the last day of the month 12 months prior to that month.
6103.03 Violations; penalty.
The employment of any person in any
7employment or place of employment at any time other than the permissible hours of
8labor shall be prima facie evidence of a violation of this section
Any employer that
9violates s. 103.02 or 103.023 is subject to the penalties under s. 103.005 (12)
. Every 10
day for each person employed, and every week for each person employed, during 11
which any employer fails to observe or to comply with any order of the department, 12
or to perform any duty enjoined by ss. 103.01 to 103.03 required by s. 103.02 or
, shall constitute a separate offense. Section 111.322 (2m) applies to
14discharge or other discriminatory acts arising in connection with any proceeding
15under s. 103.02 or 103.023.
103.06 (1) (b) 5. of the statutes is amended to read:
(b) 5. For purposes of maintaining records under sub. (3) (a) 4. as 18
required under rules promulgated under s. 104.04
, an employee, as defined 19
in s. 104.01 (2).
103.06 (1) (c) 5. of the statutes is amended to read:
(c) 5. For purposes of maintaining records under sub. (3) (a) 4. as 22
required under rules promulgated under s. 104.04
, an employer, as defined 23
in s. 104.01 (3).
103.06 (3) (a) 4. of the statutes is amended to read:
(a) 4. That the employer is maintaining records of the hours worked 2
by its employees, the wages paid to those employees, any deductions from those 3
wages, and any other information that the employer is required to keep under rules 4
promulgated under s. 103.02 or 104.04 104.035
, and is listing deductions from wages 5
as required under s. 103.457.
103.06 (4) (a) 1. of the statutes is amended to read: