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LRB-5220/1
MIM:kjf
2019 - 2020 LEGISLATURE
March 2, 2020 - Introduced by Representatives Zamarripa, Sinicki, Anderson,
Bowen, Brostoff, Cabrera, Emerson, Fields, Neubauer, Pope and Stubbs.
Referred to Committee on Labor and Integrated Employment.
AB981,1,3 1An Act to renumber and amend 103.02; and to create 103.02 (3) of the
2statutes; relating to: overtime pay for individuals employed at motion picture
3theaters.
Analysis by the Legislative Reference Bureau
Under current administrative rules promulgated by the Department of
Workforce Development, employees of motion picture theaters are exempt from
being paid overtime rates. This bill requires employers of employees in motion
picture theaters to pay those employees overtime pay and to pay those employees
overtime pay on Thanksgiving and Christmas Day.
For further information see the state 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:
AB981,1 4Section 1. 103.02 of the statutes is renumbered 103.02 (1) and amended to
5read:
AB981,2,26 103.02 (1) No person may be employed or be permitted allowed to work in any
7place of employment or at any employment for such any period of time during any

1day, night, or week, as that is dangerous or prejudicial to the person's life, health,
2safety, or welfare.
AB981,2,14 3(2) The department shall investigate, ascertain, determine, and fix such
4reasonable classification classifications, and promulgate rules fixing a period of
5time, or hours of beginning and ending work during any day, night , or week, which
6shall
that may be necessary to protect the life, health, safety, or welfare of any person,
7or to carry out the purposes of ss. 103.01 to 103.03. The department shall, by rule,
8classify such periods of time into periods to be paid for at regular rates and periods
9to be paid for at the rate of at least one and one-half 1.5 times the regular rates. Such
10investigations, classifications, rules, and orders shall be made as provided in s.
11103.005 and the penalties under s. 103.005 (12) (a) shall apply to and be imposed for
12any violation of ss. 103.01 to 103.03. Such orders shall be are subject to review in the
13manner provided in ch. 227. Section 111.322 (2m) applies to discharge or other
14discriminatory acts arising in connection with any proceeding under this section.
AB981,2 15Section 2. 103.02 (3) of the statutes is created to read:
AB981,2,1716 103.02 (3) (a) In this subsection, “motion picture theater” has the meaning
17given in s. 943.49 (1) (a).
AB981,2,2118 (b) In promulgating rules under sub. (2), the department shall require that
19employees employed at motion picture theaters be paid at the rate of at least 1.5
20times the regular rates for all hours worked in excess of 40 hours per week, and for
21any hours worked on the 4th Thursday in November and December 25th.
AB981,2,2222 (End)
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