SB59,1254
25Section
1254. 103.10 (3) (a) 1. of the statutes is amended to read:
SB59,743,2
1103.10
(3) (a) 1. In a 12-month period no employee may take more than 6 weeks
2of family leave under par. (b) 1.
and, 2.
, 4., and 5.
SB59,1255
3Section
1255. 103.10 (3) (b) 3. of the statutes is amended to read:
SB59,743,64
103.10
(3) (b) 3. To care for the employee's child, spouse, domestic partner,
or 5parent,
grandparent, grandchild, or sibling, if the child, spouse, domestic partner,
or 6parent
, grandparent, grandchild, or sibling has a serious health condition.
SB59,1256
7Section 1256
. 103.10 (3) (b) 4. of the statutes is created to read:
SB59,743,118
103.10
(3) (b) 4. Because of any qualifying exigency, as determined by the
9department by rule, arising out of the fact that the spouse, child, domestic partner,
10parent, grandparent, grandchild, or sibling of the employee is on covered active duty
11or has been notified of an impending call or order to covered active duty.
SB59,1257
12Section 1257
. 103.10 (3) (b) 5. of the statutes is created to read:
SB59,743,1513
103.10
(3) (b) 5. Because a child care center, child care provider, or school that
14the employee's child attends is experiencing an unforeseen or unexpected
15short-term closure.
SB59,1258
16Section
1258. 103.10 (6) (b) (intro.) of the statutes is amended to read:
SB59,743,2117
103.10
(6) (b) (intro.) If an employee intends to take family leave because of the
18planned medical treatment or supervision of a child, spouse, domestic partner,
or 19parent
, grandparent, grandchild, or sibling or intends to take medical leave because
20of the planned medical treatment or supervision of the employee, the employee shall
21do all of the following:
SB59,1259
22Section
1259. 103.10 (6) (b) 1. of the statutes is amended to read:
SB59,744,223
103.10
(6) (b) 1. Make a reasonable effort to schedule the medical treatment
24or supervision so that it does not unduly disrupt the employer's operations, subject
1to the approval of the health care provider of the child, spouse, domestic partner,
2parent,
grandparent, grandchild, sibling, or employee.
SB59,1260
3Section 1260
. 103.10 (6) (c) of the statutes is created to read:
SB59,744,84
103.10
(6) (c) If the employee intends to take leave under sub. (3) (b) 4. that is
5foreseeable because the spouse, child, domestic partner, parent, grandparent,
6grandchild, or sibling of the employee is on covered active duty or has been notified
7of an impending call or order to covered active duty, the employee shall provide notice
8of that intention to the employer in a reasonable and practicable manner.
SB59,1261
9Section
1261. 103.10 (7) (a) of the statutes is amended to read:
SB59,744,1410
103.10
(7) (a) If an employee requests family leave for a reason described in sub.
11(3) (b) 3. or requests medical leave, the employer may require the employee to provide
12certification, as described in par. (b), issued by the health care provider or Christian
13Science practitioner of the child, spouse, domestic partner, parent,
grandparent,
14grandchild, sibling, or employee, whichever is appropriate.
SB59,1262
15Section
1262. 103.10 (7) (b) (intro.) of the statutes is amended to read:
SB59,744,1716
103.10
(7) (b) (intro.) No employer may require certification
under par. (a) 17stating more than the following:
SB59,1263
18Section
1263. 103.10 (7) (b) 1. of the statutes is amended to read:
SB59,744,2019
103.10
(7) (b) 1. That the child, spouse, domestic partner, parent,
grandparent,
20grandchild, sibling, or employee has a serious health condition.
SB59,1264
21Section 1264
. 103.10 (7) (d) of the statutes is created to read:
SB59,745,322
103.10
(7) (d) If an employee requests leave under sub. (3) (b) 4., the employer
23may require the employee to provide certification that the spouse, child, domestic
24partner, parent, grandparent, grandchild, or sibling of the employee is on covered
25active duty or has been notified of an impending call or order to covered active duty
1issued at such time and in such manner as the department may prescribe by rule,
2and the employee shall provide a copy of that certification to the employer in a timely
3manner.
SB59,1265
4Section 1265
. 103.10 (7) (e) of the statutes is created to read:
SB59,745,95
103.10
(7) (e) If an employee requests leave under sub. (3) (b) 5., the employer
6may require the employee to provide certification that the child care center, child
7care provider, or school that the employee's child attends is experiencing an
8unforeseen or unexpected short-term closure. The department may prescribe by
9rule the form and content of the certification.
SB59,1266
10Section
1266. 103.10 (12) (c) of the statutes is amended to read:
SB59,745,1711
103.10
(12) (c) If 2 or more health care providers disagree about any of the
12information required to be certified under sub. (7) (b), the department may appoint
13another health care provider to examine the child, spouse, domestic partner, parent,
14grandparent, grandchild, sibling, or employee and render an opinion as soon as
15possible. The department shall promptly notify the employee and the employer of
16the appointment. The employer and the employee shall each pay 50 percent of the
17cost of the examination and opinion.
SB59,1267
18Section
1267. 103.10 (14) (a) of the statutes is renumbered 103.10 (14).
SB59,1268
19Section
1268. 103.10 (14) (b) of the statutes is repealed.
SB59,1269
20Section
1269. 103.12 of the statutes is repealed.
SB59,1270
21Section 1270
. 103.145 of the statutes is created to read:
SB59,745,23
22103.145 Employer drug policies; medical use of
23tetrahydrocannabinols. (1) In this section:
SB59,745,2524
(a) “Medication with tetrahydrocannabinols” has the meaning given in s.
25961.01 (14g).
SB59,746,1
1(b) “Usable cannabis” has the meaning given in s. 961.01 (21f).
SB59,746,5
2(2) No employer is required to permit or accommodate the use, consumption,
3possession, transfer, display, transportation, sale, or cultivation of medication with
4tetrahydrocannabinols or usable cannabis in the workplace, and any employer may
5have a policy restricting the use of marijuana by its employees.
SB59,1271
6Section
1271. 103.36 of the statutes is repealed.
SB59,1272
7Section 1272
. 103.49 of the statutes is created to read:
SB59,746,8
8103.49 Wage rate on state work.
(1) Definitions. In this section:
SB59,746,179
(a) “Area" means the county in which a proposed project of public works that
10is subject to this section is located or, if the department determines that there is
11insufficient wage data in that county, “area" means those counties that are
12contiguous to that county or, if the department determines that there is insufficient
13wage data in those counties, “area" means those counties that are contiguous to those
14counties or, if the department determines that there is insufficient wage data in those
15counties, “area" means the entire state or, if the department is requested to review
16a determination under sub. (3) (c), “area" means the city, village, or town in which
17a proposed project of public works that is subject to this section is located.
SB59,746,2318
(am) “Bona fide economic benefit" means an economic benefit for which an
19employer makes irrevocable contributions to a trust or fund created under
29 USC
20186 (c) or to any other bona fide plan, trust, program, or fund no less often than
21quarterly or, if an employer makes annual contributions to such a bona fide plan,
22trust, program, or fund, for which the employer irrevocably escrows moneys at least
23quarterly based on the employer's expected annual contribution.
SB59,747,224
(b) “Hourly basic rate of pay" means the hourly wage paid to any employee,
25excluding any contributions or payments for health insurance benefits, vacation
1benefits, pension benefits, and any other bona fide economic benefits, whether paid
2directly or indirectly.
SB59,747,53
(bg) “Insufficient wage data" means less than 500 hours of work performed in
4a particular trade or occupation on projects that are similar to a proposed project of
5public works that is subject to this section.
SB59,747,116
(bj) “Minor service or maintenance work" means a project of public works that
7is limited to minor crack filling, chip or slurry sealing, or other minor pavement
8patching, not including overlays, that has a projected life span of no longer than 5
9years; cleaning of drainage or sewer ditches or structures; or any other limited, minor
10work on public facilities or equipment that is routinely performed to prevent
11breakdown or deterioration.
SB59,747,1412
(br) “Multiple-trade project of public works" means a project of public works
13in which no single trade accounts for 85 percent or more of the total labor cost of the
14project.
SB59,747,1715
(c) “Prevailing hours of labor" for any trade or occupation in any area means
1610 hours per day and 40 hours per week and may not include any hours worked on
17a Saturday or Sunday or on any of the following holidays:
SB59,747,1818
1. January 1.
SB59,747,1919
2. The last Monday in May.
SB59,747,2121
4. The first Monday in September.
SB59,747,2222
5. The 4th Thursday in November.
SB59,747,2323
6. December 25.
SB59,747,2424
7. The day before if January 1, July 4, or December 25 falls on a Saturday.
SB59,747,2525
8. The day following if January 1, July 4, or December 25 falls on a Sunday.
SB59,748,6
1(d) 1. Except as provided in subd. 2., “prevailing wage rate" for any trade or
2occupation engaged in the erection, construction, remodeling, repairing, or
3demolition of any project of public works in any area means the hourly basic rate of
4pay, plus the hourly contribution for health insurance benefits, vacation benefits,
5pension benefits, and any other bona fide economic benefit, paid directly or indirectly
6for a majority of the hours worked in the trade or occupation on projects in the area.
SB59,748,167
2. If there is no rate at which a majority of the hours worked in the trade or
8occupation on projects in the area is paid, “prevailing wage rate" for any trade or
9occupation engaged in the erection, construction, remodeling, repairing, or
10demolition of any project of public works in any area means the average hourly basic
11rate of pay, weighted by the number of hours worked, plus the average hourly
12contribution, weighted by the number of hours worked, for health insurance benefits,
13vacation benefits, pension benefits, and any other bona fide economic benefit, paid
14directly or indirectly for all hours worked at the hourly basic rate of pay of the
15highest-paid 51 percent of hours worked in that trade or occupation on projects in
16that area.
SB59,748,1917
(em) “Single-trade project of public works" means a project of public works in
18which a single trade accounts for 85 percent or more of the total labor cost of the
19project.
SB59,748,2520
(f) “State agency" means any office, department, independent agency,
21institution of higher education, association, society, or other body in state
22government created or authorized to be created by the constitution or any law,
23including the legislature and the courts. “State agency" also includes the University
24of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System
25Authority, and the Wisconsin Aerospace Authority.
SB59,749,5
1(fm) “Supply and installation contract" means a contract under which the
2material is installed by the supplier, the material is installed by means of simple
3fasteners or connectors such as screws or nuts and bolts, and no other work is
4performed on the site of the project of public works, and the total labor cost to install
5the material does not exceed 20 percent of the total cost of the contract.
SB59,749,66
(g) “Truck driver" includes an owner-operator of a truck.
SB59,749,9
7(1m) Applicability. Subject to sub. (3g), this section applies to any project of
8public works erected, constructed, repaired, remodeled, or demolished for the state
9or a state agency, including all of the following:
SB59,749,1210
(a) A project erected, constructed, repaired, remodeled, or demolished by one
11state agency for another state agency under any contract or under any statute
12specifically authorizing cooperation between state agencies.
SB59,749,1613
(b) A project in which the completed facility is leased, purchased, lease
14purchased, or otherwise acquired by, or dedicated to, the state in lieu of the state or
15a state agency contracting for the erection, construction, repair, remodeling, or
16demolition of the facility.
SB59,749,1917
(c) A sanitary sewer or water main project in which the completed sanitary
18sewer or water main is acquired by, or dedicated to, the state for ownership or
19maintenance by the state.
SB59,750,16
20(2) Prevailing wage rates and hours of labor. Any contract made for the
21erection, construction, remodeling, repairing, or demolition of any project of public
22works to which the state or any state agency is a party shall contain a stipulation that
23no individual performing the work described in sub. (2m) may be allowed to work a
24greater number of hours per day or per week than the prevailing hours of labor,
25except that any such individual may be allowed or required to work more than such
1prevailing hours of labor per day and per week if he or she is paid for all hours worked
2in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly
3basic rate of pay; nor may he or she be paid less than the prevailing wage rate
4determined under sub. (3) in the same or most similar trade or occupation in the area
5in which the project of public works is situated. The notice published for the purpose
6of securing bids for the project must contain a reference to the prevailing wage rates
7determined under sub. (3) and the prevailing hours of labor. Except as otherwise
8provided in this subsection, if any contract or subcontract for a project of public works
9that is subject to this section is entered into, the prevailing wage rates determined
10under sub. (3) and the prevailing hours of labor shall be physically incorporated into
11and made a part of the contract or subcontract. For a minor subcontract, as
12determined by the department, the department shall prescribe by rule the method
13of notifying the minor subcontractor of the prevailing wage rates and prevailing
14hours of labor applicable to the minor subcontract. The prevailing wage rates and
15prevailing hours of labor applicable to a contract or subcontract may not be changed
16during the time that the contract or subcontract is in force.
SB59,750,22
17(2m) Covered employees. (a) Subject to par. (b), any person subject to this
18section shall pay all of the following employees the prevailing wage rate determined
19under sub. (3) and may not allow such employees to work a greater number of hours
20per day or per week than the prevailing hours of labor, unless the person pays for all
21hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times
22the employees' hourly basic rate of pay:
SB59,750,2423
1. All laborers, workers, mechanics, and truck drivers employed on the site of
24a project of public works that is subject to this section.
SB59,751,6
12. All laborers, workers, mechanics, and truck drivers employed in the
2manufacturing or furnishing of materials, articles, supplies, or equipment on the site
3of a project of public works that is subject to this section or from a facility dedicated
4exclusively, or nearly so, to a project of public works that is subject to this section by
5a contractor, subcontractor, agent, or other person performing any work on the site
6of the project.
SB59,751,147
(b) A laborer, worker, mechanic, or truck driver who is employed to process,
8manufacture, pick up, or deliver materials or products from a commercial
9establishment that has a fixed place of business from which the establishment
10supplies processed or manufactured materials or products or from a facility that is
11not dedicated exclusively, or nearly so, to a project of public works that is subject to
12this section is not entitled to receive the prevailing wage rate determined under sub.
13(3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours
14worked in excess of the prevailing hours of labor unless any of the following applies:
SB59,751,1915
1. The laborer, worker, mechanic, or truck driver is employed to go to the source
16of mineral aggregate such as sand, gravel, or stone and deliver that mineral
17aggregate to the site of a project of public works that is subject to this section by
18depositing the material directly in final place, from the transporting vehicle or
19through spreaders from the transporting vehicle.
SB59,751,2320
2. The laborer, worker, mechanic, or truck driver is employed to go to the site
21of a project that is subject to this section, pick up excavated material or spoil from
22the site of the project of public works, and transport that excavated material or spoil
23away from the site of the project.
SB59,752,3
1(c) A person that is subject to this section shall pay a truck driver who is an
2owner-operator of a truck separately for his or her work and for the use of his or her
3truck.
SB59,752,19
4(3) Investigation; determination. (a) Before a state agency issues a request
5for bids for any work to which this section applies, the state agency having the
6authority to prescribe the specifications shall apply to the department to determine
7the prevailing wage rate for each trade or occupation required in the work under
8contemplation in the area in which the work is to be done. The department shall
9conduct investigations and hold public hearings as necessary to define the trades or
10occupations that are commonly employed on projects that are subject to this section
11and to inform itself of the prevailing wage rates in all areas of the state for those
12trades or occupations, in order to determine the prevailing wage rate for each trade
13or occupation. The department shall issue its determination within 30 days after
14receiving the request and shall file the determination with the requesting state
15agency. A state agency that has contracted for a project of public works subject to this
16section shall post the prevailing wage rates determined by the department, the
17prevailing hours of labor, and the provisions of subs. (2) and (6m) in at least one
18conspicuous place on the site of the project that is easily accessible by employees
19working on the project.
SB59,753,220
(am) The department shall, by January 1 of each year, compile the prevailing
21wage rates for each trade or occupation in each area. The compilation shall, in
22addition to the current prevailing wage rates, include future prevailing wage rates
23when those prevailing wage rates can be determined for any trade or occupation in
24any area and shall specify the effective date of those future prevailing wage rates.
1If a project of public works extends into more than one area, the department shall
2determine only one standard of prevailing wage rates for the entire project.
SB59,753,113
(ar) In determining prevailing wage rates under par. (a) or (am), the
4department may not use data from projects that are subject to this section, s. 66.0903,
5103.50, or 229.8275, or
40 USC 3142 unless the department determines that there
6is insufficient wage data in the area to determine those prevailing wage rates, in
7which case the department may use data from projects that are subject to this
8section, s. 66.0903, 103.50, or 229.8275, or
40 USC 3142. In determining prevailing
9wage rates under par. (a) or (am), the department may not use data from any
10construction work performed by a state agency or a local governmental unit, as
11defined in s. 66.0903 (1) (d).
SB59,753,2012
(b) Any person may request a recalculation of any portion of an initial
13determination within 30 days after the initial determination date if the person
14submits evidence with the request showing that the prevailing wage rate for any
15given trade or occupation included in the initial determination does not represent the
16prevailing wage rate for that trade or occupation in the area. The evidence shall
17include wage rate information reflecting work performed by individuals working in
18the contested trade or occupation in the area during the current survey period. The
19department shall affirm or modify the initial determination within 15 days after the
20date on which the department receives the request for recalculation.
SB59,754,921
(c) In addition to the recalculation under par. (b), the state agency that
22requested the determination under this subsection may request a review of any
23portion of a determination within 30 days after the date of issuance of the
24determination if the state agency submits evidence with the request showing that
25the prevailing wage rate for any given trade or occupation included in the
1determination does not represent the prevailing wage rate for that trade or
2occupation in the city, village, or town in which the proposed project of public works
3is located. That evidence shall include wage rate information for the contested trade
4or occupation on at least 3 similar projects located in the city, village, or town where
5the proposed project of public works is located on which some work has been
6performed during the current survey period and that were considered by the
7department in issuing its most recent compilation under par. (am). The department
8shall affirm or modify the determination within 15 days after the date on which the
9department receives the request for review.
SB59,754,10
10(3g) Nonapplicability. This section does not apply to any of the following:
SB59,754,1311
(a) A single-trade project of public works for which the estimated project cost
12of completion is less than $48,000 or a multiple-trade project of public works for
13which the estimated project cost of completion is less than $100,000.
SB59,754,1714
(b) Work performed on a project of public works for which the state or the state
15agency contracting for the project is not required to compensate any contractor,
16subcontractor, contractor's or subcontractor's agent, or individual for performing the
17work.
SB59,754,1918
(c) Minor service or maintenance work, warranty work, or work under a supply
19and installation contract.
SB59,754,2020
(f) A public highway, street, or bridge project.
SB59,754,2321
(g) A project of public works involving the erection, construction, repair,
22remodeling, or demolition of a residential property containing 2 dwelling units or
23less.
SB59,755,324
(h) A road, street, bridge, sanitary sewer, or water main project that is a part
25of a development in which not less than 90 percent of the lots contain or will contain
12 dwelling units or less, as determined by the local governmental unit at the time of
2approval of the development, and that, on completion, is acquired by, or dedicated to,
3the state for ownership or maintenance by the state.
SB59,755,11
4(4r) Compliance. (a) When the department finds that a state agency has not
5requested a determination under sub. (3) (a) or that a state agency, contractor, or
6subcontractor has not physically incorporated a determination into a contract or
7subcontract as required under sub. (2) or has not notified a minor subcontractor of
8a determination in the manner prescribed by the department by rule promulgated
9under sub. (2), the department shall notify the state agency, contractor or
10subcontractor of the noncompliance and shall file the determination with the state
11agency, contractor, or subcontractor within 30 days after the notice.
SB59,755,1612
(b) Upon completion of a project of public works and before receiving final
13payment for his or her work on the project, each agent or subcontractor shall furnish
14the contractor with an affidavit stating that the agent or subcontractor has complied
15fully with the requirements of this section. A contractor may not authorize final
16payment until the affidavit is filed in proper form and order.
SB59,756,517
(c) Upon completion of a project of public works and before receiving final
18payment for his or her work on the project, each contractor shall file with the state
19agency authorizing the work an affidavit stating that the contractor has complied
20fully with the requirements of this section and that the contractor has received an
21affidavit under par. (b) from each of the contractor's agents and subcontractors. A
22state agency may not authorize a final payment until the affidavit is filed in proper
23form and order. If a state agency authorizes a final payment before an affidavit is
24filed in proper form and order or if the department determines, based on the greater
25weight of the credible evidence, that any person performing the work specified in sub.
1(2m) has been or may have been paid less than the prevailing wage rate or less than
21.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing
3hours of labor and requests that the state agency withhold all or part of the final
4payment, but the state agency fails to do so, the state agency is liable for all back
5wages payable up to the amount of the final payment.
SB59,756,11
6(5) Records; inspection; enforcement. (a) Each contractor, subcontractor, or
7contractor's or subcontractor's agent that performs work on a project of public works
8that is subject to this section shall keep full and accurate records clearly indicating
9the name and trade or occupation of every individual performing the work described
10in sub. (2m) and an accurate record of the number of hours worked by each of those
11individuals and the actual wages paid for the hours worked.
SB59,756,2212
(b) The department shall enforce this section. The department may demand
13and examine, and every contractor, subcontractor, and contractor's and
14subcontractor's agent shall keep, and furnish upon request by the department,
15copies of payrolls and other records and information relating to the wages paid to
16individuals performing the work described in sub. (2m) for work to which this section
17applies. The department may inspect records in the manner provided in this chapter.
18Every contractor, subcontractor, or agent performing work on a project of public
19works that is subject to this section is subject to the requirements of this chapter
20relating to the examination of records. Section 111.322 (2m) applies to discharge and
21other discriminatory acts arising in connection with any proceeding under this
22section.
SB59,757,1023
(c) If requested by any person, the department shall inspect the payroll records
24of any contractor, subcontractor, or agent performing work on a project of public
25works that is subject to this section as provided in this paragraph to ensure
1compliance with this section. On receipt of such a request, the department shall
2request that the contractor, subcontractor, or agent submit to the department a
3certified record of the information specified in par. (a), other than personally
4identifiable information relating to an employee of the contractor, subcontractor, or
5agent, for no longer than a 4-week period. The department may request a contractor,
6subcontractor, or agent to submit those records no more than once per calendar
7quarter for each project of public works on which the contractor, subcontractor, or
8agent is performing work. The department may not charge a requester a fee for
9obtaining that information. Certified records submitted to the department under
10this paragraph are open for public inspection and copying under s. 19.35 (1).