AB43: Bill Text

AB43,,4798 (b) To receive family or medical leave insurance benefits, a covered individual shall file a claim for those benefits within the time and in the manner that the department prescribes by rule. On receipt of a claim for family or medical leave insurance benefits, the department may request from the individual’s employer or from the self-employed individual any information necessary for the department to determine the individual’s eligibility for those benefits and the amount and duration of those benefits. The employer or self-employed individual shall provide that information to the department within the time and in the manner that the department prescribes by rule. If the department determines that a covered individual is eligible to receive family or medical leave insurance benefits, the department shall provide those benefits to the individual as provided in subs. (4) and (5).

AB43,,4799 (4) Amount of benefits. Except as provided in sub. (6), the amount of family or medical leave insurance benefits payable for a week shall be based upon the covered individual’s average weekly earnings, as follows:

AB43,,4800 (a) For the amount of the covered individual’s average weekly earnings that are less than 50 percent of the state annual median wage in the calendar year before the covered individual’s application year, 90 percent of the covered individual’s average weekly earnings.

AB43,,4801 (b) For the amount of the covered individual’s average weekly earnings that are more than or equal to 50 percent of the state annual median wage in the calendar year before the covered individual’s application year, 50 percent of the covered individual’s average weekly earnings.

AB43,,4802 (5) Duration of benefits. The maximum number of weeks for which family or medical leave insurance benefits are payable in an application year is 12 weeks. A covered individual may be paid family or medical leave insurance benefits continuously, or at the option of the covered individual, intermittently.

AB43,,4803 (6) Employer exemption from participation in paid family and medical leave benefits insurance program. (a) If an employer provides family and medical leave benefits that are identical to or more generous than benefits provided under this section, the employer may elect to not participate in the paid family and medical leave benefits insurance program under this section. If the department grants an exemption under this subsection, the employer shall pay benefits that are at least identical to benefits under this section, and an employee is entitled to be paid those benefits.

AB43,,4804 (b) An employer that elects to not participate in the paid family and medical leave benefits insurance program under this section shall request an exemption from the department in writing, in the manner prescribed by the department. An exemption from participation is not effective until approved by the department in writing.

AB43,,4805 (c) The department may grant a written exemption from participation to an employer who complies with this subsection and all rules promulgated by the department under par. (g).

AB43,,4806 (d) The department may withdraw its written exemption order granted under par. (c) if the department determines that an employer is not providing paid family and medical leave benefits to employees that are at least identical to those provided under this section.

AB43,,4807 (e) If an employee believes that his or her employer that has an exemption under this subsection has violated the employee’s right to paid family and medical leave benefits identical to those provided under this section, the employee may file a complaint with the department alleging the violation, and the department shall process the complaint in the same manner as complaints filed under s. 103.10 (12) (b) are processed. If the department finds that an employer has violated this subsection, the department may order the employer to take action to remedy the violation, including providing the paid family and medical leave benefits, and, notwithstanding s. 814.04 (1), paying reasonable actual attorney fees to the employee.

AB43,,4808 (f) After the completion of an administrative proceeding under par. (e), including judicial review, an employee or the department may bring an action in circuit court against an employer to recover damages caused by a violation of this subsection. Section 103.10 (13) (b) applies to the commencement of an action under this paragraph.

AB43,,4809 (g) The department shall promulgate rules to implement this subsection.

AB43,,4810 (7) Federal tax treatment of benefits. With respect to the federal income taxation of family or medical leave insurance benefits, the department shall do all of the following:

AB43,,4811 (a) At the time an individual files a claim for those benefits, advise the individual that those benefits may be subject to federal income taxation, that requirements exist under federal law pertaining to estimated tax payments, and that the individual may elect to have federal income taxes withheld from the individual’s benefit payments and may change that election not more than one time in an application year.

AB43,,4812 (b) Allow the individual to elect to have federal income tax deducted and withheld from the individual’s benefit payments, allow the individual to change that election not more than one time in an application year, and deduct and withhold that tax in accordance with the individual’s election as provided under 26 USC 3402.

AB43,,4813 (c) Upon making a deduction under par. (b), transfer the amount deducted from the family and medical leave insurance trust fund to the federal internal revenue service.

AB43,,4814 (d) In deducting and withholding federal income taxes from an individual’s benefit payments, follow all procedures specified by the federal internal revenue service pertaining to the deducting and withholding of federal income tax.

AB43,,4815 (8) Family and medical leave insurance trust fund. (a) The department shall determine the amount of the required contribution by each employee, self-employed individual who elects coverage under sub. (2), and each employer. The required contribution shall be based on the employee’s wages or the self-employed individual’s earnings. The required contribution for an employee shall be equally shared between each employee and the employee’s employer.

AB43,,4816 (b) Each employer shall withhold from the wages of its employees the amount determined by the department under this subsection.

AB43,,4817 (c) The department shall promulgate rules to establish procedures for filing wage reports and collecting the contributions withheld by employers and employer-required contributions under par. (a). The department may utilize the quarterly wage reports submitted under s. 108.205 in lieu of separate contribution reports and may utilize the procedures for collecting contributions that apply to the collection of contributions to the unemployment reserve fund under s. 108.17.

AB43,,4818 (cm) The department shall promulgate rules providing for a right to a hearing in cases involving the liability of employers for contributions under this subsection. The department’s decisions shall be subject to the rights and procedures for contested cases under ch. 227.

AB43,,4819 (d) The department shall collect contributions from self-employed individuals pursuant to procedures established by the department under sub. (12) (b).

AB43,,4820 (e) The department shall deposit contributions received under this subsection in the family and medical leave benefits insurance trust fund.

AB43,,4821 (f) The department shall use moneys deposited in the family and medical leave benefits insurance trust fund to pay benefits under sub. (3), to refund amounts erroneously paid by employers, and to pay for the administration of the family and medical leave benefits insurance program under this section and for no other purpose.

AB43,,4822 (9) Denial of claims; overpayments. (a) The department shall promulgate rules providing for a right to a hearing in cases of disputes involving an individual’s eligibility for benefits or status as a covered individual under this section. The department’s decisions shall be subject to the rights and procedures for contested cases under ch. 227. To the extent necessary and practical, the department may prescribe procedures in conjunction with any rules promulgated for administrative proceedings under ss. 103.10 (12) and 103.11 (12).

AB43,,4823 (b) 1. If the department pays family or medical leave insurance benefits to an individual erroneously or as a result of willful misrepresentation, the individual’s liability to reimburse the fund for the overpayment may be set forth in a determination that is subject to review under par. (a). The department may prescribe procedures for waiver of overpayments.

AB43,,4824 2. To recover any overpayment to a covered individual that is not otherwise repaid or the recovery of which has not been waived, the department may recoup the amount of the overpayment by, in addition to its other remedies, deducting the amount of the overpayment from benefits the individual would otherwise be eligible to receive.

AB43,,4825 3. The department may establish other procedures for recovering overpayments and may utilize procedures under ch. 108, including the department’s remedies for collecting overpayments under ss. 108.22 and 108.225, subject to rules promulgated by the department.

AB43,,4826 4. The department may not collect any interest on any benefit overpayment.

AB43,,4827 (10) Prohibited acts. (a) No person may interfere with, restrain, or deny the exercise of any right provided under this section.

AB43,,4828 (b) No person may discharge or otherwise discriminate against any person for exercising any right provided under this section, opposing a practice prohibited under this section, filing a complaint or attempting to enforce any right provided under this section, or testifying or assisting in any action or proceeding to enforce any right provided under this section.

AB43,,4829 (c) No collective bargaining agreement or employer policy may diminish or abridge an employee’s rights under this section. Any agreement purporting to waive or modify an employee’s rights under this section is void as against public policy and unenforceable.

AB43,,4830 (11) Enforcement. (a) Any person who believes that his or her rights under this section have been interfered with, restrained, or denied in violation of sub. (10) (a) or that he or she has been discharged or otherwise discriminated against in violation of sub. (10) (b) may, within 30 days after the violation occurs or the person should reasonably have known that the violation occurred, whichever is later, file a complaint with the department alleging the violation, and the department shall process the complaint in the same manner as complaints filed under s. 103.10 (12) (b) are processed. If the department finds that an employer has violated sub. (10) (a) to (c), the department may order the employer to take action to remedy the violation, including providing the requested family leave or medical leave, reinstating an employee, providing back pay accrued not more than 2 years before the complaint was filed, and, notwithstanding s. 814.04 (1), paying reasonable actual attorney fees to the complainant.

AB43,,4831 (b) After the completion of an administrative proceeding under par. (a), including judicial review, an employee or the department may bring an action in circuit court against an employer to recover damages caused by a violation of sub. (10) (a) to (c). Section 103.10 (13) (b) applies to the commencement of an action under this paragraph.

AB43,,4832 (12) Administration. The department shall administer the family and medical leave benefits insurance program under this section. In administering the program, the department shall do all of the following:

AB43,,4833 (a) Establish procedures and forms for the filing of claims for benefits under this section.

AB43,,4834 (b) Establish procedures and forms for collecting contributions from self-employed individuals.

AB43,,4835 (c) Promulgate rules to implement this section.

AB43,,4836 (d) Use information sharing and integration technology to facilitate the exchange of information as necessary for the department to perform its duties under this section.

AB43,,4837 (e) By September 1 of each year, submit a report to the governor, the joint committee on finance, and the appropriate standing committees of the legislature under s. 13.172 (3) on the family and medical leave benefits insurance program under this section. The report shall include the projected and actual rates of participation in the program, the premium rates for coverage under the program, and the balance in the family and medical leave benefits insurance trust fund under s. 25.52.

AB43,,4838 (13) Records. (a) The records made or maintained by the department in connection with the administration of this section are confidential and shall be open to public inspection or disclosure only to the extent that the department allows in the interest of the family and medical leave benefits insurance program. No person may allow inspection or disclosure of any record provided by the department unless the department authorizes the inspection or disclosure.

AB43,,4839 (b) The department may provide records made or maintained by the department in connection with the administration of this section to any governmental unit, corresponding unit in the government of another state, or any unit of the federal government. No such unit may allow inspection or disclosure of any record provided by the department unless the department authorizes the inspection or disclosure.

AB43,,4840 (c) Upon request of the department of revenue, the department may provide information, including social security numbers, concerning covered individuals to the department of revenue for the purpose of administering state taxes, identifying fraudulent tax returns, providing information for tax-related prosecutions, or locating persons or the assets of persons who have failed to file tax returns, who have underreported their taxable income, or who are delinquent debtors. The department of revenue shall adhere to the limitation on inspection and disclosure of the information under par. (b).

AB43,,4841 (14) Benefit amount adjustment. On April 1 of each year, the department may adjust the maximum weekly benefit payment to 90 percent of the state average weekly earnings, which becomes effective on October 1 of that year. The department shall annually have the adjusted amount of the maximum weekly benefit payment published in the Wisconsin Administrative Register.

AB43,,4842 (15) Notice posted. Each employer shall post, on its website and in one or more conspicuous places where notices to employees are customarily posted, a notice in a form approved by the department setting forth employees’ rights under this section and any adjustment to benefits as provided in sub. (14). Any employer that violates this subsection shall forfeit not more than $100 for each violation.

AB43,1827 Section 1827. 103.12 of the statutes is repealed.

AB43,1828 Section 1828. 103.135 of the statutes is created to read:

AB43,,4845 103.135 Compensation information of employees and prospective employees. (1) Unlawful employer conduct related to prospective employee compensation information. (a) No employer may directly or indirectly do any of the following:

AB43,,4846 1. Rely on or, subject to par. (b), solicit from a prospective employee or a prospective employee’s current or former employer information about the prospective employee’s current or prior compensation.

AB43,,4847 2. Require that a prospective employee’s current or prior compensation meet certain criteria in order for the prospective employee to be considered for employment.

AB43,,4848 3. Refuse to hire or employ or otherwise discriminate against a prospective employee in compensation or in the terms, conditions, or privileges of employment for opposing a practice prohibited under this paragraph, filing or indicating an intent to file a complaint or otherwise attempting to enforce any right under this paragraph, or testifying, assisting, or participating in any manner in any investigation, action, or proceeding to enforce any right under this paragraph.

AB43,,4849 (b) After an employer has offered employment to a prospective employee and the details of compensation have been agreed upon, the employer may obtain the prospective employee’s written consent for the employer to solicit information about, or take action to confirm, the prospective employee’s current or prior compensation.

AB43,,4850 (2) Disclosure of compensation information by employees. (a) An employee may disclose the details of the employee’s compensation to anyone and, subject to par. (d), may discuss the compensation of other employees of the same employer and may ask other employees of the same employer for details regarding their compensation.

AB43,,4851 (b) Except as provided in par. (d), no employer may interfere with, restrain, or deny the exercise of the right of an employee to disclose, discuss, or inquire about compensation as provided in par. (a).

AB43,,4852 (c) An employer may not discharge or discriminate against an employee in promotion, in compensation, or in the terms, conditions, or privileges of employment for disclosing, discussing, or inquiring about compensation as provided in par. (a), opposing a practice prohibited under par. (b), filing or indicating an intent to file a complaint or otherwise attempting to enforce any right under par. (a), or testifying, assisting, or participating in any manner in any investigation, action, or proceeding to enforce any right under par. (a).

AB43,,4853 (d) Subject to s. 19.35, an employer may prohibit a human resources or payroll employee, a supervisor, or any other employee whose job responsibilities require or allow the employee access to other employees’ compensation information from disclosing information about any other employee’s compensation without that employee’s prior written consent.

AB43,,4854 (3) Enforcement. Any employee or prospective employee who is refused employment, terminated, discharged, or otherwise discriminated against in violation of sub. (1) (a) or (2) (a) to (c) may file a complaint with the department, and the department shall process the complaint in the same manner that employment discrimination complaints are processed under s. 111.39. If the department finds that a violation has occurred, the department may order the employer to take action to remedy the violation, including reinstating the employee, providing compensation in lieu of reinstatement, providing back pay accrued not more than 2 years before the complaint was filed, and paying reasonable actual costs and, notwithstanding s. 814.04 (1), reasonable attorney fees to the complainant.

AB43,,4855 (4) Notice posted. (a) Each employer shall provide notice to employees and prospective employees of their rights under this section by doing all of the following:

AB43,,4856 1. Posting, in one or more conspicuous places where notices to employees are customarily posted, a notice in a form approved by the department setting forth employees’ and prospective employees’ rights under this section.

AB43,,4857 2. Including, on each listing for a job vacancy or other employment opportunity that is advertised by email, posting on a website, or other electronic means, a notice that includes all of the following information:

AB43,,4858 a. A statement that the employer is prohibited from relying on a prospective employee’s current or former compensation when determining whether to make an offer of employment or setting compensation or when making an offer of employment.

AB43,,4859 b. A statement that the employer is prohibited from asking about a prospective employee’s compensation until after the employer has offered the prospective employee employment and they have agreed upon the details of compensation.

AB43,,4860 c. A statement that the employer is prohibited from requiring that a prospective employee’s current or prior compensation meet certain criteria in order for the prospective employee to be considered for employment.

AB43,,4861 d. Information, or a hyperlink to information, regarding prohibited bases of discrimination under subch. II of ch. 111.

AB43,,4862 (b) Any employer that violates par. (a) shall forfeit not more than $100 for each offense.

AB43,1829 Section 1829. 103.165 (3) (a) 3. of the statutes is amended to read:

AB43,,4864 103.165 (3) (a) 3. The decedent’s father or mother parent or parents if the decedent leaves no surviving spouse, domestic partner under ch. 770, or children.

AB43,1830 Section 1830. 103.36 of the statutes is repealed.

AB43,1831 Section 1831. 103.49 of the statutes is created to read:

AB43,,4867 103.49 Wage rate on state work. (1) Definitions. In this section:

AB43,,4868 (a) “Area” means the county in which a proposed project of public works that is subject to this section is located or, if the department determines that there is insufficient wage data in that county, “area” means those counties that are contiguous to that county or, if the department determines that there is insufficient wage data in those counties, “area” means those counties that are contiguous to those counties or, if the department determines that there is insufficient wage data in those counties, “area” means the entire state or, if the department is requested to review a determination under sub. (3) (c), “area” means the city, village, or town in which a proposed project of public works that is subject to this section is located.

AB43,,4869 (am) “Bona fide economic benefit” means an economic benefit for which an employer makes irrevocable contributions to a trust or fund created under 29 USC 186 (c) or to any other bona fide plan, trust, program, or fund no less often than quarterly or, if an employer makes annual contributions to such a bona fide plan, trust, program, or fund, for which the employer irrevocably escrows moneys at least quarterly based on the employer’s expected annual contribution.

AB43,,4870 (b) “Hourly basic rate of pay” means the hourly wage paid to any employee, excluding any contributions or payments for health insurance benefits, vacation benefits, pension benefits, and any other bona fide economic benefits, whether paid directly or indirectly.

AB43,,4871 (bg) “Insufficient wage data” means less than 500 hours of work performed in a particular trade or occupation on projects that are similar to a proposed project of public works that is subject to this section.

AB43,,4872 (bj) “Minor service or maintenance work” means a project of public works that is limited to minor crack filling, chip or slurry sealing, or other minor pavement patching, not including overlays, that has a projected life span of no longer than 5 years; cleaning of drainage or sewer ditches or structures; or any other limited, minor work on public facilities or equipment that is routinely performed to prevent breakdown or deterioration.

AB43,,4873 (br) “Multiple-trade project of public works” means a project of public works in which no single trade accounts for 85 percent or more of the total labor cost of the project.

AB43,,4874 (c) “Prevailing hours of labor” for any trade or occupation in any area means 10 hours per day and 40 hours per week and may not include any hours worked on a Saturday or Sunday or on any of the following holidays:

AB43,,4875 1. January 1.

AB43,,4876 2. The last Monday in May.

AB43,,4877 3. July 4.

AB43,,4878 4. The first Monday in September.

AB43,,4879 5. The 4th Thursday in November.

AB43,,4880 6. December 25.

AB43,,4881 7. The day before if January 1, July 4, or December 25 falls on a Saturday.

AB43,,4882 8. The day following if January 1, July 4, or December 25 falls on a Sunday.

AB43,,4883 (d) 1. Except as provided in subd. 2., “prevailing wage rate” for any trade or occupation engaged in the erection, construction, remodeling, repairing, or demolition of any project of public works in any area means the hourly basic rate of pay, plus the hourly contribution for health insurance benefits, vacation benefits, pension benefits, and any other bona fide economic benefit, paid directly or indirectly for a majority of the hours worked in the trade or occupation on projects in the area.

AB43,,4884 2. If there is no rate at which a majority of the hours worked in the trade or occupation on projects in the area is paid, “prevailing wage rate” for any trade or occupation engaged in the erection, construction, remodeling, repairing, or demolition of any project of public works in any area means the average hourly basic rate of pay, weighted by the number of hours worked, plus the average hourly contribution, weighted by the number of hours worked, for health insurance benefits, vacation benefits, pension benefits, and any other bona fide economic benefit, paid directly or indirectly for all hours worked at the hourly basic rate of pay of the highest-paid 51 percent of hours worked in that trade or occupation on projects in that area.

AB43,,4885 (em) “Single-trade project of public works” means a project of public works in which a single trade accounts for 85 percent or more of the total labor cost of the project.

AB43,,4886 (f) “State agency” means any office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts. “State agency” also includes the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, and the Wisconsin Aerospace Authority.