SB40,9,2422
109.09
(2) (a) The department of workforce development, under its authority
23under sub. (1)
(b) to maintain actions for the benefit of employees, or an employee
24who brings an action under s. 109.03 (5) shall have a lien upon all property of the
1employer, real or personal, located in this state for the full amount of any wage claim
2or wage deficiency.
SB40,11
3Section
11. 109.09 (2) (b) 3. of the statutes is amended to read:
SB40,10,84
109.09
(2) (b) 3. The department of workforce development or employee must
5file the notice under subd. 1. or 2. within
2
4 years after the date on which the wages
6were due. The notice shall specify the nature of the claim and the amount claimed,
7describe the property upon which the claim is made
, and state that the person filing
8the notice claims a lien on that property.
SB40,12
9Section
12. 109.09 (2) (c) 2. of the statutes is amended to read:
SB40,10,1910
109.09
(2) (c) 2. Except as provided in this subdivision, a lien under par. (a) does
11not take precedence over a lien of a commercial lending institution against the
12employer that originates before the lien under par. (a) takes effect. Subject to subd.
133., a lien under par. (a) takes precedence over a lien of a commercial lending
14institution against the employer that originates before the lien under par. (a) takes
15effect only as to the first $3,000 of unpaid wages covered under the lien that are
16earned by an employee within the 6 months preceding the date on which the
17employee files the wage claim under sub. (1)
(a) or brings the action under s. 109.03
18(5) or the date on which the department receives the wage claim under s. 109.10 (4)
19(a), whichever is applicable.
SB40,13
20Section
13. 109.11 (title) of the statutes is amended to read:
SB40,10,21
21109.11 (title)
Penalties and surcharge.
SB40,14
22Section
14. 109.11 (1) (a) of the statutes is amended to read:
SB40,11,423
109.11
(1) (a) In adjusting a controversy between an employer and an employee
24as to regarding an alleged wage claim filed with the department under s. 109.09 (1)
25(a), the department may compromise and settle that wage claim for such sum as may
1be agreed upon between the department, the employee
, and the employer.
The
2department shall add to the sum owed both interest at the rate of 2 percent per month
3for each month that the wages were due and unpaid and the surcharge specified in
4sub. (4).
SB40,15
5Section
15. 109.11 (1) (b) of the statutes is renumbered 109.11 (1) (b) 1. and
6amended to read:
SB40,11,167
109.11
(1) (b) 1. If the department finds that a wage claim is valid, the
8department may instruct the employer against whom the wage claim is filed to audit
9his or her payroll records to determine whether the employer may be liable for any
10other wage claims
that are of the same type as the wage claim that prompted the
11audit instruction. If after the requested completion date of the audit the department
12receives a wage claim against the employer
that is of the same type as the wage claim
13that prompted the audit instruction and if the department determines that the
14subsequent wage claim is valid, the department may audit the employer's payroll
15records to determine whether the employer may be liable for any other wage claims
16that are of the same type as the wage claim that prompted the audit instruction.
SB40,12,5
172. For any valid wage claim that is filed against an employer after the
18department has instructed the employer to audit his or her payroll records under
this
19paragraph subd. 1. and that is of the same type as the wage claim that prompted the
20audit instruction and for any valid wage claim that is discovered as a result of the
21department's audit under
this paragraph subd. 1. and that is of the same type as the
22wage claim that prompted the audit instruction, the department shall require the
23employer to pay, in addition to the amount of wages due and unpaid, increased wages
24of not more than 50 percent of the amount of wages due and unpaid
, interest on the
25amount of wages due and unpaid at the rate of 2 percent per month for each month
1that the wages were due and unpaid, and the surcharge specified in sub. (4), unless
2the employer shows the department that payment of the increased wages
, interest,
3or surcharge would cause extreme hardship.
The department shall require an
4employer to make that payment without regard to whether the employer's failure to
5pay the wages due and unpaid was intentional or unintentional.
SB40,16
6Section
16. 109.11 (1) (c) of the statutes is amended to read:
SB40,12,137
109.11
(1) (c) If an employer does not agree to compromise and settle a wage
8claim under this subsection, the department may refer the wage claim to a district
9attorney under s. 109.09 (1)
(b) or to the department of justice under s. 109.10 (3) for
10commencement of an action in circuit court to collect the amount of wages due and
11unpaid plus
interest on that amount at the rate of 2 percent per month for each month
12that the wages were due and unpaid, increased wages as specified in sub. (2) (b)
, and
13the surcharge specified in sub. (4).
SB40,17
14Section
17. 109.11 (2) (a) of the statutes is amended to read:
SB40,13,215
109.11
(2) (a) In a wage claim action that is commenced by an employee before
16the department has completed its investigation under s. 109.09 (1)
(a) and its
17attempts to compromise and settle the wage claim under sub. (1), a circuit court may
18order the employer to pay to the employee, in addition to the amount of wages due
19and unpaid and in addition to or in lieu of the criminal penalties specified in sub. (3),
20increased wages of not more than
50 100 percent of the amount of wages due and
21unpaid
, interest on the amount of wages due and unpaid at the rate of 2 percent per
22month for each month that the wages were due and unpaid, the surcharge specified
23in sub. (4), and, notwithstanding s. 814.04, reasonable costs and attorney fees. A
24circuit court may order an employer to make that payment without regard to
1whether the employer's failure to pay the wages due and unpaid was intentional or
2unintentional.
SB40,18
3Section
18. 109.11 (2) (b) of the statutes is amended to read:
SB40,13,154
109.11
(2) (b) In a wage claim action that is commenced after the department
5has completed its investigation under s. 109.09 (1)
(a) and its attempts to settle and
6compromise the wage claim under sub. (1), a circuit court may order the employer
7to pay to the employee, in addition to the amount of wages due and unpaid to an
8employee and in addition to or in lieu of the criminal penalties specified in sub. (3),
9increased wages of not more than
100 200 percent of the amount of those wages due
10and unpaid
, interest on the amount of wages due and unpaid at the rate of 2 percent
11per month for each month that the wages were due and unpaid, the surcharge
12specified in sub. (4), and, notwithstanding s. 814.04, reasonable costs and attorney
13fees. A circuit court may order an employer to make that payment without regard
14to whether the employer's failure to pay the wages due and unpaid was intentional
15or unintentional.
SB40,19
16Section
19. 109.11 (4) of the statutes is created to read:
SB40,14,417
109.11
(4) Surcharge. In addition to the amounts payable under sub. (1) (a)
18or (b) or (2) (a) or (b), the department shall require, or a circuit court shall order, an
19employer who fails to pay wages that are due and payable to an employee to pay to
20the department or circuit court a surcharge of $500 for a first violation, $750 for a
212nd violation, and $1,000 for a 3rd or subsequent violation. If the surcharge is
22required by the department, the department shall collect the surcharge, deposit the
23surcharge in the general fund, and credit the surcharge to the appropriation account
24under s. 20.445 (1) (gu). If the surcharge is ordered by the circuit court, the clerk of
25circuit court shall collect the surcharge and transmit the surcharge to the county
1treasurer under s. 59.40 (2) (m), the county treasurer shall pay the surcharge to the
2secretary of administration under s. 59.25 (3) (f) 2., and the secretary of
3administration shall deposit the surcharge in the general fund and credit the
4surcharge to the appropriation account under s. 20.445 (1) (gu).
SB40,20
5Section
20. 111.322 (2m) (a) of the statutes is amended to read:
SB40,14,96
111.322
(2m) (a) The individual files a complaint or attempts to enforce any
7right under s. 103.02, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34,
103.40, 8103.455, 104.12, 109.03, 109.07, 109.075,
109.09, 146.997, or 995.55, or ss. 101.58 to
9101.599 or 103.64 to 103.82.
SB40,21
10Section
21. 111.322 (2m) (b) of the statutes is amended to read:
SB40,14,1411
111.322
(2m) (b) The individual testifies or assists in any action or proceeding
12held under or to enforce any right under s. 103.02, 103.10, 103.11, 103.13, 103.28,
13103.32, 103.34,
103.40, 103.455, 104.12, 109.03, 109.07, 109.075,
109.09, 146.997, or
14995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.
SB40,22
15Section
22. 814.75 (28) of the statutes is created to read:
SB40,14,1616
814.75
(28) The wage claim surcharge under s. 109.11 (4).
SB40,23
17Section
23. 893.44 (1) of the statutes is amended to read:
SB40,14,2118
893.44
(1) Any action to recover unpaid salary, wages or other compensation
19for personal services, except actions to recover fees for professional services and
20except as provided in sub. (2), shall be commenced within
2 4 years after the cause
21of action accrues or be barred.
SB40,24
22Section
24. 893.44 (2) of the statutes is amended to read:
SB40,14,2523
893.44
(2) An action to recover wages under s. 109.09 shall be commenced
24within
2 4 years after the claim is filed with the department of workforce
25development or be barred.
SB40,25
1Section
25
.
Initial applicability.
SB40,15,52
(1)
Wage claim statute of limitations, interest, and surcharges. The
3treatment of ss. 109.09 (1) (with respect to the receipt and investigation of a wage
4claim) and (2) (b) 3., 109.11 (1) (a), (b), and (c), (2) (a) and (b), and (4), and 893.44 (1)
5and (2) first applies to wages earned on the effective date of this subsection.
SB40,15,86
(2)
Filing of wage claims. The treatment of ss. 109.03 (5) and 109.09 (1) (with
7respect to the filing of a wage claim) first applies to a wage claim action commenced
8or a wage claim filed on the effective date of this subsection.
SB40,15,119
(3)
Written disclosure statements. The treatment of ss. 103.40 and 109.01
10(3m) first applies to an employee hired on, or a change in a term of employment
11effective 7 days after, the effective date of this subsection.
SB40,15,1412
(4)
Occupational or professional licensing. The treatment of ss. 103.35 (3)
13to (5) first applies to an application for issuance or renewal of a professional or
14occupational license filed on the effective date of this subsection.
SB40,26
15Section
26.
Effective dates. This act takes effect on the day after publication,
16except as follows:
SB40,15,1917
(1)
Written disclosure statements. The treatment of ss. 103.40, 109.01 (3m),
18and 111.322 (2m) (a) and (b) and
Section 25 (3
) of this act take effect on the first day
19of the 3rd month beginning after publication.
SB40,15,2220
(2)
Occupational or professional licensing. The renumbering and
21amendment of s. 103.35, the creation of ss. 103.35 (1) and (3) to (5), and
Section 25
22(4) of this act take effect on the first day of the 6th month beginning after publication.