Amendment AA1-SB70

SB70-AA1,271 Section 271. 106.29 of the statutes is created to read:

SB70-AA1,149,11 106.29 Workforce innovation grant program. (1) Workforce innovation grants. The department shall, from the appropriation under s. 20.445 (1) (bw), establish and operate a program to provide grants to regional organizations to design and implement plans to address their region's workforce challenges that arose during or were exacerbated by the COVID-19 pandemic.

SB70-AA1,149,15 (2) Implementation. (a) Duties. To implement this section, the department shall receive and review applications for grants under sub. (1) and prescribe the form, nature, and extent of the information that must be contained in an application for a grant under sub. (1).

SB70-AA1,149,18 (b) Powers. In addition to the duties described in par. (a), the department shall have all other powers necessary and convenient to implement this section, including the power to audit and inspect the records of grant recipients.

SB70-AA1,272 Section 272. 106.54 (11) of the statutes is created to read:

SB70-AA1,149,22 106.54 (11) The division shall receive complaints under s. 103.135 (1) (a) and (2) (a) to (c) and shall process the complaints in the same manner that employment discrimination complaints are processed under s. 111.39.

SB70-AA1,273 Section 273. 108.04 (2) (h) of the statutes is amended to read:

SB70-AA1,150,5 108.04 (2) (h) A claimant shall, when the claimant first files a claim for benefits under this chapter and during each subsequent week the claimant files for benefits under this chapter, inform the department whether he or she is receiving social security disability insurance payments, as defined in sub. (12) (f) 2m s. 108.05 (7m) (b). If the claimant is receiving social security disability insurance payments, the claimant shall, in the manner prescribed by the department, report to the department the amount of the social security disability insurance payments.

SB70-AA1,274 Section 274. 108.04 (12) (f) 1m. and 2m. of the statutes are renumbered 108.05 (7m) (a) and (b) and amended to read:

SB70-AA1,150,10 108.05 (7m) (a) The intent of the legislature in enacting this paragraph subsection is to prevent the payment of duplicative government benefits for the replacement of lost earnings or income, regardless of an individual's ability to work.

SB70-AA1,150,13 (b) In this paragraph subsection, “ social security disability insurance payment" means a payment of social security disability insurance benefits under 42 USC ch. 7 subch. II.

SB70-AA1,275 Section 275. 108.04 (12) (f) 3. of the statutes is repealed.

SB70-AA1,276 Section 276. 108.04 (12) (f) 4. of the statutes is renumbered 108.05 (7m) (e).

SB70-AA1,277 Section 277. 108.05 (7m) (title), (c) and (d) of the statutes are created to read:

SB70-AA1,150,17 108.05 (7m) (title) Social security disability insurance payments.

SB70-AA1,150,22 (c) If a monthly social security disability insurance payment is issued to a claimant, the department shall reduce benefits otherwise payable to the claimant for a given week in accordance with par. (d). This subsection does not apply to a lump sum social security disability insurance payment in the nature of a retroactive payment or back pay.

SB70-AA1,150,25 (d) The department shall allocate a monthly social security disability insurance payment by allocating to each week the fraction of the payment attributable to that week.

SB70-AA1,278 Section 278. 108.05 (9) of the statutes is amended to read:

SB70-AA1,151,5 108.05 (9) Rounding of benefit amounts. Notwithstanding sub. (1), benefits payable for a week of unemployment as a result of applying sub. (1m), (3) or, (7), or (7m) or s. 108.04 (11) or (12), 108.06 (1), 108.13 (4) or (5) or 108.135 shall be rounded down to the next lowest dollar.

SB70-AA1,279 Section 279. 108.05 (10) (intro.) of the statutes is amended to read:

SB70-AA1,151,10 108.05 (10) Deductions from benefit payments. (intro.) After calculating the benefit payment due to be paid for a week under subs. (1) to (7) (7m), the department shall make deductions from that payment to the extent that the payment is sufficient to make the following payments in the following order:

SB70-AA1,280 Section 280. 108.221 (1) (a) of the statutes is renumbered 108.221 (1) (a) (intro.) and amended to read:

SB70-AA1,151,18 108.221 (1) (a) (intro.) Any employer described in s. 108.18 (2) (c) or engaged in the painting or drywall finishing of buildings or other structures who knowingly and intentionally provides false information to the department for the purpose of misclassifying or attempting to misclassify an individual who is an employee of the employer as a nonemployee shall, for each incident, be assessed a penalty by the department as follows:

SB70-AA1,151,21 1. For each act occurring before the date of the first determination of a violation of this subsection, the employer shall be assessed a penalty in the amount of $500 for each employee who is misclassified, but not to exceed $7,500 per incident.

SB70-AA1,281 Section 281. 108.221 (1) (a) 2. of the statutes is created to read:

SB70-AA1,152,3 108.221 (1) (a) 2. For each act occurring after the date of the first determination of a violation of this subsection, the employer shall be assessed a penalty in the amount of $1,000 for each employee who is misclassified.

SB70-AA1,282 Section 282. 108.221 (2) of the statutes is renumbered 108.221 (2) (intro.) and amended to read:

SB70-AA1,152,9 108.221 (2) (intro.) Any employer described in s. 108.18 (2) (c) or engaged in the painting or drywall finishing of buildings or other structures who, through coercion, requires an individual to adopt the status of a nonemployee shall be assessed a penalty by the department as follows:

SB70-AA1,152,12 (a) For each act occurring before the date of the first determination of a violation of this subsection, the employer shall be assessed a penalty in the amount of $1,000 for each individual so coerced, but not to exceed $10,000 per calendar year.

SB70-AA1,283 Section 283. 108.221 (2) (b) of the statutes is created to read:

SB70-AA1,152,16 108.221 (2) (b) For each act occurring after the date of the first determination of a violation of this subsection, the employer shall be assessed a penalty in the amount of $2,000 for each individual so coerced.

SB70-AA1,284 Section 284. 108.24 (2m) of the statutes is amended to read:

SB70-AA1,153,5 108.24 (2m) Any employer described in s. 108.18 (2) (c) or engaged in the painting or drywall finishing of buildings or other structures who, after having previously been assessed an administrative penalty by the department under s. 108.221 (1), knowingly and intentionally provides false information to the department for the purpose of misclassifying or attempting to misclassify an individual who is an employee of the employer as a nonemployee shall be fined $1,000 for each employee who is misclassified, subject to a maximum fine of $25,000 for each violation. The department may, regardless of whether an employer has been subject to any administrative assessment under s. 108.221 or any other penalty or assessment under this chapter, refer violations of this subsection for prosecution by the department of justice or the district attorney for the county in which the violation occurred.

SB70-AA1,285 Section 285. 109.09 (1) of the statutes is amended to read:

SB70-AA1,154,3 109.09 (1) The department shall investigate and attempt equitably to adjust controversies between employers and employees as to regarding alleged wage claims. The department may receive and investigate any wage claim that is filed with the department, or received by the department under s. 109.10 (4), no later than 2 years after the date the wages are due. The department may, after receiving a wage claim, investigate any wages due from the employer against whom the claim is filed to any employee during the period commencing 2 years before the date the claim is filed. The department shall enforce this chapter and s. ss. 66.0903, 2013 stats., s. 103.49, 2013 stats., s. 229.8275, 2013 stats., and s. 16.856, 2015 stats., and ss. 103.02, 103.49, 103.82, and 104.12 , and 229.8275. In pursuance of this duty, the department may sue the employer on behalf of the employee to collect any wage claim or wage deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions under s. 109.10, the department may refer such an action to the district attorney of the county in which the violation occurs for prosecution and collection and the district attorney shall commence an action in the circuit court having appropriate jurisdiction. Any number of wage claims or wage deficiencies against the same employer may be joined in a single proceeding, but the court may order separate trials or hearings. In actions that are referred to a district attorney under this subsection, any taxable costs recovered by the district attorney shall be paid into the general fund of the county in which the violation occurs and used by that county to meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office of the district attorney who prosecuted the action.

SB70-AA1,286 Section 286. 109.09 (3) of the statutes is repealed.

SB70-AA1,287 Section 287. 111.01 of the statutes is created to read:

SB70-AA1,154,8 111.01 Declaration of policy. The public policy of the state as to employment relations and collective bargaining, in the furtherance of which this subchapter is enacted, is declared to be as follows:

SB70-AA1,154,12 (1) It recognizes that there are 3 major interests involved, namely: the public, the employee, and the employer. These 3 interests are to a considerable extent interrelated. It is the policy of the state to protect and promote each of these interests with due regard to the situation and to the rights of the others.

SB70-AA1,155,2 (2) Industrial peace, regular and adequate income for the employee, and uninterrupted production of goods and services are promotive of all of these interests. They are largely dependent upon the maintenance of fair, friendly, and mutually satisfactory employment relations and the availability of suitable machinery for the peaceful adjustment of whatever controversies may arise. It is recognized that certain employers, including farmers, farmer cooperatives, and unincorporated farmer cooperative associations, in addition to their general employer problems, face special problems arising from perishable commodities and seasonal production that require adequate consideration. It is also recognized that whatever may be the rights of disputants with respect to each other in any controversy regarding employment relations, they should not be permitted, in the conduct of their controversy, to intrude directly into the primary rights of 3rd parties to earn a livelihood, transact business, and engage in the ordinary affairs of life by any lawful means and free from molestation, interference, restraint, or coercion.

SB70-AA1,155,7 (3) Negotiations of terms and conditions of work should result from voluntary agreement between employer and employee. For the purpose of such negotiation an employee has the right, if the employee desires, to associate with others in organizing and bargaining collectively through representatives of the employee's own choosing, without intimidation or coercion from any source.

SB70-AA1,155,14 (4) It is the policy of the state, in order to preserve and promote the interests of the public, the employee, and the employer alike, to establish standards of fair conduct in employment relations and to provide a convenient, expeditious, and impartial tribunal by which these interests may have their respective rights and obligations adjudicated. While limiting individual and group rights of aggression and defense, the state substitutes processes of justice for the more primitive methods of trial by combat.

SB70-AA1,288 Section 288. 111.04 (1) and (2) of the statutes are consolidated, renumbered 111.04 and amended to read:

SB70-AA1,155,24 111.04 Rights of employees. Employees shall have the right of self-organization and the right to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection. (2) Employees shall also have the right to refrain from self-organization; forming, joining, or assisting labor organizations; bargaining collectively through representatives; or engaging in activities for the purpose of collective bargaining or other mutual aid or protection such activities.

SB70-AA1,289 Section 289. 111.04 (3) of the statutes is repealed.

SB70-AA1,290 Section 290. 111.06 (1) (c) of the statutes is amended to read:

SB70-AA1,157,3 111.06 (1) (c) To encourage or discourage membership in any labor organization, employee agency, committee, association, or representation plan by discrimination in regard to hiring, tenure, or other terms or conditions of employment except in a collective bargaining unit where an all-union agreement is in effect. An employer may enter into an all-union agreement with the voluntarily recognized representative of the employees in a collective bargaining unit, where at least a majority of such employees voting have voted affirmatively, by secret ballot, in favor of the all-union agreement in a referendum conducted by the commission, except that where the bargaining representative has been certified by either the commission or the national labor relations board as the result of a representation election, no referendum is required to authorize the entry into an all-union agreement. An authorization of an all-union agreement continues, subject to the right of either party to the all-union agreement to petition the commission to conduct a new referendum on the subject. Upon receipt of the petition, if the commission determines there is reasonable ground to believe that the employees concerned have changed their attitude toward the all-union agreement, the commission shall conduct a referendum. If the continuance of the all-union agreement is supported on a referendum by a vote at least equal to that provided in this paragraph for its initial authorization, it may continue, subject to the right to petition for a further vote by the procedure under this paragraph. If the continuance of the all-union agreement is not supported on a referendum, it terminates at the expiration of the contract of which it is then a part or at the end of one year from the date of the announcement by the commission of the result of the referendum, whichever is earlier. The commission shall declare any all-union agreement terminated whenever it finds that the labor organization involved has unreasonably refused to receive as a member any employee of such employer. An interested person may, as provided in s. 111.07, request the commission to perform this duty.

SB70-AA1,291 Section 291. 111.06 (1) (e) of the statutes is amended to read:

SB70-AA1,157,7 111.06 (1) (e) To bargain collectively with the representatives of less than a majority of the employer's employees in a collective bargaining unit, or to enter into an all-union agreement except in the manner provided in par. (c).

SB70-AA1,292 Section 292. 111.06 (1) (i) of the statutes is amended to read:

SB70-AA1,157,15 111.06 (1) (i) To deduct labor organization dues or assessments from an employee's earnings, unless the employer has been presented with an individual order therefor, signed by the employee personally, and terminable at the end of any year of its life by the employee giving to the employer at least 30 days' written notice of the termination. This paragraph applies to the extent permitted under federal law unless there is an all-union agreement in effect. The employer shall give notice to the labor organization of receipt of a notice of termination.

SB70-AA1,293 Section 293. 111.31 (1) of the statutes is amended to read:

SB70-AA1,158,8 111.31 (1) The legislature finds that the practice of unfair discrimination in employment against properly qualified individuals by reason of their age, race, creed, color, disability, marital status, sex, national origin, ancestry, sexual orientation, gender expression, gender identity, arrest record, conviction record, military service, use or nonuse of lawful products off the employer's premises during nonworking hours, or declining to attend a meeting or to participate in any communication about religious matters or political matters, substantially and adversely affects the general welfare of the state. Employers, labor organizations, employment agencies, and licensing agencies that deny employment opportunities and discriminate in employment against properly qualified individuals solely because of their age, race, creed, color, disability, marital status, sex, national origin, ancestry, sexual orientation, gender expression, gender identity, arrest record, conviction record, military service, use or nonuse of lawful products off the employer's premises during nonworking hours, or declining to attend a meeting or to participate in any communication about religious matters or political matters, deprive those individuals of the earnings that are necessary to maintain a just and decent standard of living.

SB70-AA1,294 Section 294. 111.31 (2) of the statutes is amended to read:

SB70-AA1,158,22 111.31 (2) It is the intent of the legislature to protect by law the rights of all individuals to obtain gainful employment and to enjoy privileges free from employment discrimination because of age, race, creed, color, disability, marital status, sex, national origin, ancestry, sexual orientation, gender expression, gender identity, arrest record, conviction record, military service, use or nonuse of lawful products off the employer's premises during nonworking hours, or declining to attend a meeting or to participate in any communication about religious matters or political matters, and to encourage the full, nondiscriminatory utilization of the productive resources of the state to the benefit of the state, the family, and all the people of the state. It is the intent of the legislature in promulgating this subchapter to encourage employers to evaluate an employee or applicant for employment based upon the individual qualifications of the employee or applicant rather than upon a particular class to which the individual may belong.

SB70-AA1,295 Section 295. 111.31 (3) of the statutes is amended to read:

SB70-AA1,159,9 111.31 (3) In the interpretation and application of this subchapter, and otherwise, it is declared to be the public policy of the state to encourage and foster to the fullest extent practicable the employment of all properly qualified individuals regardless of age, race, creed, color, disability, marital status, sex, national origin, ancestry, sexual orientation, gender expression, gender identity, arrest record, conviction record, military service, use or nonuse of lawful products off the employer's premises during nonworking hours, or declining to attend a meeting or to participate in any communication about religious matters or political matters. Nothing in this subsection requires an affirmative action program to correct an imbalance in the work force. This subchapter shall be liberally construed for the accomplishment of this purpose.

SB70-AA1,296 Section 296. 111.32 (7j) of the statutes is created to read:

SB70-AA1,159,13 111.32 (7j) “Gender expression” means an individual's actual or perceived gender-related appearance, behavior, or expression, regardless of whether these traits are stereotypically associated with the individual's assigned sex at birth.

SB70-AA1,297 Section 297. 111.32 (7k) of the statutes is created to read:

SB70-AA1,159,16 111.32 (7k) “Gender identity” means an individual's internal understanding of the individual's gender, or the individual's perceived gender identity.

SB70-AA1,298 Section 298. 111.321 of the statutes is amended to read:

SB70-AA1,160,2 111.321 Prohibited bases of discrimination. Subject to ss. 111.33 to 111.365, no employer, labor organization, employment agency, licensing agency, or other person may engage in any act of employment discrimination as specified in s. 111.322 against any individual on the basis of age, race, creed, color, disability, marital status, sex, national origin, ancestry, sexual orientation, gender expression, gender identity, arrest record, conviction record, military service, use or nonuse of lawful products off the employer's premises during nonworking hours, or declining to attend a meeting or to participate in any communication about religious matters or political matters.

SB70-AA1,188r Section 188r. 111.322 (2m) (a) of the statutes is amended to read:

SB70-AA1,160,7 111.322 (2m) (a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.10, 103.105, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

SB70-AA1,188s Section 188s. 111.322 (2m) (a) of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

SB70-AA1,160,13 111.322 (2m) (a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.10, 103.105, 103.11, 103.13, 103.135, 103.28, 103.32, 103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

SB70-AA1,188t Section 188t. 111.322 (2m) (b) of the statutes is amended to read:

SB70-AA1,160,18 111.322 (2m) (b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.10, 103.105, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

SB70-AA1,188tr Section 188tr. 111.322 (2m) (b) of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

SB70-AA1,160,24 111.322 (2m) (b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.10, 103.105, 103.11, 103.13, 103.135, 103.28, 103.32, 103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

SB70-AA1,299 Section 299. 111.322 (2m) (c) of the statutes is created to read:

SB70-AA1,161,3 111.322 (2m) (c) The individual files a complaint or attempts to enforce a right under s. 66.0903, 103.49, or 229.8275 or testifies or assists in any action or proceeding under s. 66.0903, 103.49, or 229.8275.

SB70-AA1,300 Section 300. 111.335 (3) (ag) of the statutes is created to read:

SB70-AA1,161,10 111.335 (3) (ag) 1. Employment discrimination because of conviction record includes a prospective employer requesting an applicant for employment, on an application form or otherwise, to supply information regarding the conviction record of the applicant, or otherwise inquiring into or considering the conviction record of an applicant for employment, before the applicant has been selected for an interview by the prospective employer.

SB70-AA1,161,14 2. Subdivision 1. does not prohibit a prospective employer from notifying applicants for employment that, subject to this section and ss. 111.321 and 111.322, an individual with a particular conviction record may be disqualified by law or under the employer's policies from employment in particular positions.

SB70-AA1,301 Section 301. 111.36 (title) of the statutes is amended to read:

SB70-AA1,161,17 111.36 (title) Sex, sexual orientation , gender expression, gender identity; exceptions and special cases.

SB70-AA1,302 Section 302. 111.36 (1) (br) of the statutes is amended to read:

SB70-AA1,162,4 111.36 (1) (br) Engaging in harassment that consists of unwelcome verbal or physical conduct directed at another individual because of that individual's gender, gender expression, or gender identity, other than the conduct described in par. (b), and that has the purpose or effect of creating an intimidating, hostile , or offensive work environment or has the purpose or effect of substantially interfering with that individual's work performance. Under this paragraph, substantial interference with an employee's work performance or creation of an intimidating, hostile , or offensive work environment is established when the conduct is such that a reasonable person under the same circumstances as the employee would consider the conduct sufficiently severe or pervasive to interfere substantially with the person's work performance or to create an intimidating, hostile, or offensive work environment.

SB70-AA1,303 Section 303. 111.36 (1) (c) of the statutes is amended to read:

SB70-AA1,162,9 111.36 (1) (c) Discriminating against any woman individual on the basis of pregnancy, childbirth, maternity parental leave, or related medical conditions by engaging in any of the actions prohibited under s. 111.322, including, but not limited to, actions concerning fringe benefit programs covering illnesses and disability.

SB70-AA1,304 Section 304. 111.36 (1) (d) 1. of the statutes is amended to read:

SB70-AA1,162,17 111.36 (1) (d) 1. For any employer, labor organization, licensing agency or employment agency or other person to refuse Refusing to hire, employ, admit or license, or to bar or terminate any individual; barring or terminating from employment, membership, or licensure any individual ,; or to discriminate discriminating against an any individual in promotion, in compensation , or in the terms, conditions, or privileges of employment because of the individual's sexual orientation; or, gender expression, or gender identity.

SB70-AA1,305 Section 305. 111.36 (1) (d) 2. of the statutes is amended to read:

SB70-AA1,162,24 111.36 (1) (d) 2. For any employer, labor organization, licensing agency or employment agency or other person to discharge Discharging or otherwise discriminate discriminating against any person because he or she the person has opposed any discriminatory practices under this paragraph or because he or she the person has made a complaint, testified or assisted in any proceeding under this paragraph.

SB70-AA1,306 Section 306. 111.36 (4) of the statutes is created to read:

SB70-AA1,163,5 111.36 (4) Notwithstanding s. 111.322, it is not employment discrimination for an employer to require an employee to adhere to reasonable workplace appearance, grooming, and dress standards not precluded by other provisions of state or federal law, provided that an employer shall allow an employee to appear or dress consistently with the employee's gender identity or gender expression.

SB70-AA1,307 Section 307. 111.39 (4) (d) of the statutes is amended to read: