AB56: Bill Text

AB56,767,19 (f) Paragraph (a) does not apply to any individual who fails to provide any information to the department to assist the department in determining prevailing wage rates under sub. (3) or (4).

AB56,768,4 (8) Enforcement and prosecution. The department of transportation shall require adherence to subs. (2), (2m), and (6). The department of transportation may demand and examine, and every contractor, subcontractor, and contractor's or subcontractor's agent shall keep and furnish upon request by the department of transportation, copies of payrolls and other records and information relating to compliance with this section. Upon request of the department of transportation or upon complaint of alleged violation, the district attorney of the county in which the work is located shall investigate as necessary and prosecute violations in a court of competent jurisdiction. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.

AB56,1274 Section 1274 . 103.503 (1) (a) of the statutes is amended to read:

AB56,768,11 103.503 (1) (a) “Accident" means an incident caused, contributed to, or otherwise involving an employee that resulted or could have resulted in death, personal injury, or property damage and that occurred while the employee was performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49 (2m), 2015 stats., on a project of public works or while the employee was performing work on a public utility project.

AB56,1275 Section 1275 . 103.503 (1) (e) of the statutes is amended to read:

AB56,768,15 103.503 (1) (e) “Employee" means a laborer, worker, mechanic, or truck driver who performs the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49 (2m), 2015 stats., on a project of public works or on a public utility project.

AB56,1276 Section 1276 . 103.503 (1) (g) of the statutes is repealed and recreated to read:

AB56,768,18 103.503 (1) (g) “Project of public works" means a project of public works that is subject to s. 66.0903 or 103.49.

AB56,1277 Section 1277 . 103.503 (2) of the statutes is amended to read:

AB56,769,2 103.503 (2) Substance abuse prohibited. No employee may use, possess, attempt to possess, distribute, deliver, or be under the influence of a drug, or use or be under the influence of alcohol, while performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49 (2m), 2015 stats., on a project of public works or while performing work on a public utility project. An employee is considered to be under the influence of alcohol for purposes of this subsection if he or she has an alcohol concentration that is equal to or greater than the amount specified in s. 885.235 (1g) (d).

AB56,1278 Section 1278 . 103.503 (3) (a) 2. of the statutes is amended to read:

AB56,769,11 103.503 (3) (a) 2. A requirement that employees performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49 (2m), 2015 stats., on a project of public works or performing work on a public utility project submit to random, reasonable suspicion, and post-accident drug and alcohol testing and to drug and alcohol testing before commencing work on the project, except that testing of an employee before commencing work on a project is not required if the employee has been participating in a random testing program during the 90 days preceding the date on which the employee commenced work on the project.

AB56,1279 Section 1279. 104.001 (3) of the statutes is created to read:

AB56,769,18 104.001 (3) This section does not affect an ordinance that, subject to s. 66.0903, requires an employee of a county, city, village, or town, an employee who performs work under a contract for the provision of services to a county, city, village, or town, or an employee who performs work that is funded by financial assistance from a county, city, village, or town to be paid at a minimum wage rate specified in the ordinance.

AB56,1280 Section 1280 . 104.001 (4) of the statutes is created to read:

AB56,769,23 104.001 (4) This section does not affect the requirement that employees employed on a public works project contracted for by a city, village, town, or county be paid at the prevailing wage rate, as defined in s. 66.0903 (1) (g), as required under s. 66.0903.

AB56,1281 Section 1281. 104.01 (1h) of the statutes is created to read:

AB56,770,4 104.01 (1h) “Consumer price index” means the average of the consumer price index over each 12-month period for all urban consumers, U.S. city average, all items, not seasonally adjusted, as determined by the bureau of labor statistics of the U.S. department of labor.

AB56,1282 Section 1282. 104.035 (1) (a) of the statutes is renumbered 104.035 (1) (a) (intro.) and amended to read:

AB56,770,8 104.035 (1) (a) Minimum rates. (intro.) Except as provided in subs. (2) to (8) (8m), the minimum wage is:

AB56,770,10 1. For wages earned prior to the effective date of this subdivision .... [LRB inserts date], $7.25 per hour.

AB56,1283 Section 1283. 104.035 (1) (a) 2. of the statutes is created to read:

AB56,770,13 104.035 (1) (a) 2. For wages earned on or after the effective date of this subdivision .... [LRB inserts date], and prior to January 1, 2021, $8.25 per hour.

AB56,1284 Section 1284. 104.035 (1) (a) 3. of the statutes is created to read:

AB56,770,16 104.035 (1) (a) 3. For wages earned on or after January 1, 2021, and prior to January 1, 2022, $9.00.

AB56,1285 Section 1285. 104.035 (1) (a) 4. of the statutes is created to read:

AB56,770,19 104.035 (1) (a) 4. For wages earned on or after January 1, 2022, and prior to January 1, 2023, $9.75.

AB56,1286 Section 1286. 104.035 (1) (a) 5. of the statutes is created to read:

AB56,770,22 104.035 (1) (a) 5. For wages earned on or after January 1, 2023, and prior to January 1, 2024, $10.50.

AB56,1287 Section 1287. 104.035 (2) (a) of the statutes is renumbered 104.035 (2) (a) (intro.) and amended to read:

AB56,771,2 104.035 (2) (a) Minimum rates. (intro.) Except as provided in subs. (2m) to (8) (8m), the minimum wage for a minor employee is :

AB56,771,4 1. For wages earned prior to the effective date of this subdivision .... [LRB inserts date], $7.25 per hour.

AB56,1288 Section 1288. 104.035 (2) (a) 2. of the statutes is created to read:

AB56,771,7 104.035 (2) (a) 2. For wages earned on or after the effective date of this subdivision .... [LRB inserts date], and prior to January 1, 2021, $8.25 per hour.

AB56,1289 Section 1289. 104.035 (2) (a) 3. of the statutes is created to read:

AB56,771,10 104.035 (2) (a) 3. For wages earned on or after January 1, 2021, and prior to January 1, 2022, $9.00.

AB56,1290 Section 1290. 104.035 (2) (a) 4. of the statutes is created to read:

AB56,771,13 104.035 (2) (a) 4. For wages earned on or after January 1, 2022, and prior to January 1, 2023, $9.75.

AB56,1291 Section 1291. 104.035 (2) (a) 5. of the statutes is created to read:

AB56,771,16 104.035 (2) (a) 5. For wages earned on or after January 1, 2023, and prior to January 1, 2024, $10.50.

AB56,1292 Section 1292. 104.035 (2m) (a) of the statutes is renumbered 104.035 (2m) (a) (intro.) and amended to read:

AB56,771,20 104.035 (2m) (a) Minimum rates. (intro.) Except as provided in subs. (3) to (8) (8m), the minimum wage for an opportunity employee is:

AB56,771,22 1. For wages earned prior to the effective date of this subdivision .... [LRB inserts date], $5.90 per hour.

AB56,1293 Section 1293. 104.035 (2m) (a) 2. of the statutes is created to read:

AB56,771,25 104.035 (2m) (a) 2. For wages earned on or after the effective date of this subdivision .... [LRB inserts date], and prior to January 1, 2021, $6.71 per hour.

AB56,1294 Section 1294. 104.035 (2m) (a) 3. of the statutes is created to read:

AB56,772,3 104.035 (2m) (a) 3. For wages earned on or after January 1, 2021, and prior to January 1, 2022, $7.32.

AB56,1295 Section 1295. 104.035 (2m) (a) 4. of the statutes is created to read:

AB56,772,6 104.035 (2m) (a) 4. For wages earned on or after January 1, 2022, and prior to January 1, 2023, $7.93.

AB56,1296 Section 1296. 104.035 (2m) (a) 5. of the statutes is created to read:

AB56,772,9 104.035 (2m) (a) 5. For wages earned on or after January 1, 2023, and prior to January 1, 2024, $8.54.

AB56,1297 Section 1297. 104.035 (3) (a) (intro.) of the statutes is amended to read:

AB56,772,16 104.035 (3) (a) Minimum rates. (intro.) Except as provided in subs. (4) to (8) (8m), if an employer of a tipped employee establishes by the employer's payroll records that, when adding the tips received by the tipped employee in a week to the wages paid to the tipped employee in that week, the tipped employee receives not less than the applicable minimum wage specified in sub. (1), (2), or (2m), the minimum wage for the tipped employee is as follows:

AB56,1298 Section 1298. 104.035 (3) (a) 1. of the statutes is amended to read:

AB56,772,20 104.035 (3) (a) 1. For wages earned by a tipped employee who is not an opportunity employee prior to the effective date of this subdivision .... [LRB inserts date], $2.33 per hour.

AB56,1299 Section 1299. 104.035 (3) (a) 1d. of the statutes is created to read:

AB56,772,24 104.035 (3) (a) 1d. For wages earned by a tipped employee who is not an opportunity employee, on or after the effective date of this subdivision .... [LRB inserts date] and prior to January 1, 2021, $2.65 per hour.

AB56,1300 Section 1300. 104.035 (3) (a) 1h. of the statutes is created to read:

AB56,773,3 104.035 (3) (a) 1h. For wages earned by a tipped employee who is not an opportunity employee, on or after January 1, 2021, and prior to January 1, 2022, $2.89 per hour.

AB56,1301 Section 1301. 104.035 (3) (a) 1p. of the statutes is created to read:

AB56,773,7 104.035 (3) (a) 1p. For wages earned by a tipped employee who is not an opportunity employee, on or after January 1, 2022, and prior to January 1, 2023, $3.13 per hour.

AB56,1302 Section 1302. 104.035 (3) (a) 1t. of the statutes is created to read:

AB56,773,11 104.035 (3) (a) 1t. For wages earned by a tipped employee who is not an opportunity employee, on or after January 1, 2023, and prior to January 1, 2024, $3.37 per hour.

AB56,1303 Section 1303. 104.035 (3) (a) 2. of the statutes is amended to read:

AB56,773,15 104.035 (3) (a) 2. For wages earned by a tipped employee who is an opportunity employee prior to the effective date of this subdivision .... [LRB inserts date], $2.13 per hour.

AB56,1304 Section 1304. 104.035 (3) (a) 2d. of the statutes is created to read:

AB56,773,19 104.035 (3) (a) 2d. For wages earned by a tipped employee who is an opportunity employee, on or after the effective date of this subdivision .... [LRB inserts date], and prior to January 1, 2021, $2.42 per hour.

AB56,1305 Section 1305. 104.035 (3) (a) 2h. of the statutes is created to read:

AB56,773,23 104.035 (3) (a) 2h. For wages earned by a tipped employee who is an opportunity employee, on or after January 1, 2021, and prior to January 1, 2022, $2.64 per hour.

AB56,1306 Section 1306. 104.035 (3) (a) 2p. of the statutes is created to read:

AB56,774,3 104.035 (3) (a) 2p. For wages earned by a tipped employee who is an opportunity employee, on or after January 1, 2022, and prior to January 1, 2023, $2.86 per hour.

AB56,1307 Section 1307. 104.035 (3) (a) 2t. of the statutes is created to read:

AB56,774,6 104.035 (3) (a) 2t. For wages earned by a tipped employee who is an opportunity employee, on or after January 1, 2023, and prior to January 1, 2024, $3.08 per hour.

AB56,1308 Section 1308. 104.035 (4) (a) of the statutes is renumbered 104.035 (4) (a) (intro.) and amended to read:

AB56,774,10 104.035 (4) (a) Minimum rates. (intro.) Except as provided in subs. (7) and (8) to (8m), the minimum wage for an agricultural employee is:

AB56,774,12 1. For wages earned prior to the effective date of this subdivision .... [LRB inserts date], $7.25 per hour.

AB56,1309 Section 1309. 104.035 (4) (a) 2. of the statutes is created to read:

AB56,774,15 104.035 (4) (a) 2. For wages earned on or after the effective date of this subdivision .... [LRB inserts date], and prior to January 1, 2021, $8.25 per hour.

AB56,1310 Section 1310. 104.035 (4) (a) 3. of the statutes is created to read:

AB56,774,18 104.035 (4) (a) 3. For wages earned on or after January 1, 2021, and prior to January 1, 2022, $9.00 per hour.

AB56,1311 Section 1311. 104.035 (4) (a) 4. of the statutes is created to read:

AB56,774,21 104.035 (4) (a) 4. For wages earned on or after January 1, 2022, and prior to January 1, 2023, $9.75 per hour.

AB56,1312 Section 1312. 104.035 (4) (a) 5. of the statutes is created to read:

AB56,774,24 104.035 (4) (a) 5. For wages earned on or after January 1, 2023, and prior to January 1, 2024, $10.50 per hour.

AB56,1313 Section 1313. 104.035 (5) of the statutes is renumbered 104.035 (5) (intro.) and amended to read:

AB56,775,5 104.035 (5) Camp counselors. (intro.) The Except as provided in sub. (8m), the minimum wage for a counselor at a seasonal recreational or educational camp, including a day camp, is:

AB56,775,8 (a) Prior to the effective date of this paragraph .... [LRB inserts date], $350 per week if meals and lodging are not furnished, $265 per week if only meals are furnished, and $210 per week if both meals and lodging are furnished.

AB56,1314 Section 1314. 104.035 (5) (b) of the statutes is created to read:

AB56,775,13 104.035 (5) (b) On or after the effective date of this paragraph .... [LRB inserts date], and prior to January 1, 2021, $398.28 per week if meals and lodging are not furnished, $284.48 per week if only meals are furnished, and $238.97 per week if both meals and lodging are furnished.