AB43,1102,324
(e) Any individual employed on a project that is subject to this section who
25knowingly allows any part of the wages to which he or she is entitled under the
1contract governing the project to be deducted from his or her pay is guilty of an
2offense under s. 946.15 (4), unless the deduction would be allowed under
29 CFR 3.5 3or
3.6 from an individual who is working on a project that is subject to
40 USC 3142.
AB43,1102,64
(f) Paragraph (a) does not apply to any individual who fails to provide any
5information to the department to assist the department in determining prevailing
6wage rates under sub. (3) or (4).
AB43,1102,16
7(8) Enforcement and prosecution. The department of transportation shall
8require adherence to subs. (2), (2m), and (6). The department of transportation may
9demand and examine, and every contractor, subcontractor, and contractor's or
10subcontractor's agent shall keep and furnish upon request by the department of
11transportation, copies of payrolls and other records and information relating to
12compliance with this section. Upon request of the department of transportation or
13upon complaint of alleged violation, the district attorney of the county in which the
14work is located shall investigate as necessary and prosecute violations in a court of
15competent jurisdiction. Section 111.322 (2m) applies to discharge and other
16discriminatory acts arising in connection with any proceeding under this section.
AB43,1833
17Section 1833
. 103.503 (1) (a) of the statutes is amended to read:
AB43,1102,2318
103.503
(1) (a) “Accident" means an incident caused, contributed to, or
19otherwise involving an employee that resulted or could have resulted in death,
20personal injury, or property damage and that occurred while the employee was
21performing the work described in s. 66.0903 (4)
, 2013 stats., or
s. 16.856 103.49 (2m)
,
222015 stats., on a project of public works or while the employee was performing work
23on a public utility project.
AB43,1834
24Section 1834
. 103.503 (1) (e) of the statutes is amended to read:
AB43,1103,3
1103.503
(1) (e) “Employee" means a laborer, worker, mechanic, or truck driver
2who performs the work described in s. 66.0903 (4)
, 2013 stats., or
s. 16.856 103.49 3(2m)
, 2015 stats., on a project of public works or on a public utility project.
AB43,1835
4Section 1835
. 103.503 (1) (g) of the statutes is repealed and recreated to read:
AB43,1103,65
103.503
(1) (g) “Project of public works" means a project of public works that
6is subject to s. 66.0903 or 103.49.
AB43,1836
7Section 1836
. 103.503 (2) of the statutes is amended to read:
AB43,1103,158
103.503
(2) Substance abuse prohibited. No employee may use, possess,
9attempt to possess, distribute, deliver, or be under the influence of a drug, or use or
10be under the influence of alcohol, while performing the work described in s. 66.0903
11(4)
, 2013 stats., or
s. 16.856
103.49 (2m)
, 2015 stats., on a project of public works or
12while performing work on a public utility project. An employee is considered to be
13under the influence of alcohol for purposes of this subsection if he or she has an
14alcohol concentration that is equal to or greater than the amount specified in s.
15885.235 (1g) (d).
AB43,1837
16Section 1837
. 103.503 (3) (a) 2. of the statutes is amended to read:
AB43,1103,2417
103.503
(3) (a) 2. A requirement that employees performing the work described
18in s. 66.0903 (4)
, 2013 stats., or
s. 16.856 103.49 (2m)
, 2015 stats., on a project of
19public works or performing work on a public utility project submit to random,
20reasonable suspicion, and post-accident drug and alcohol testing and to drug and
21alcohol testing before commencing work on the project, except that testing of an
22employee before commencing work on a project is not required if the employee has
23been participating in a random testing program during the 90 days preceding the
24date on which the employee commenced work on the project.
AB43,1838
25Section
1838. 104.001 (3) of the statutes is created to read:
AB43,1104,5
1104.001
(3) This section does not affect an ordinance that, subject to s. 66.0903,
2requires an employee of a city, village, town, or county, an employee who performs
3work under a contract for the provision of services to a city, village, town, or county,
4or an employee who performs work that is funded by financial assistance from a city,
5village, town, or county to be paid at a minimum wage rate specified in the ordinance.
AB43,1839
6Section 1839
. 104.001 (4) of the statutes is created to read:
AB43,1104,107
104.001
(4) This section does not affect the requirement that employees
8employed on a public works project contracted for by a city, village, town, or county
9be paid at the prevailing wage rate, as defined in s. 66.0903 (1) (g), as required under
10s. 66.0903.
AB43,1840
11Section 1840
. 104.01 (1h) of the statutes is created to read:
AB43,1104,1512
104.01
(1h) “Consumer price index” means the average of the consumer price
13index over each 12-month period for all urban consumers, U.S. city average, all
14items, not seasonally adjusted, as determined by the bureau of labor statistics of the
15U.S. department of labor.
AB43,1841
16Section 1841
. 104.035 (1) (a) of the statutes is renumbered 104.035 (1) (a)
17(intro.) and amended to read:
AB43,1104,1918
104.035
(1) (a)
Minimum rates. (intro.) Except as provided in subs. (2) to
(8) 19(8m), the minimum wage is
as follows:
AB43,1104,21
201. For wages earned prior to the effective date of this subdivision .... [LRB
21inserts date], $7.25 per hour.
AB43,1842
22Section 1842
. 104.035 (1) (a) 2. of the statutes is created to read:
AB43,1104,2423
104.035
(1) (a) 2. For wages earned on or after the effective date of this
24subdivision .... [LRB inserts date], and prior to January 1, 2025, $8.25 per hour.
AB43,1843
25Section 1843
. 104.035 (1) (a) 3. of the statutes is created to read:
AB43,1105,2
1104.035
(1) (a) 3. For wages earned on or after January 1, 2025, and prior to
2January 1, 2026, $9.25.
AB43,1844
3Section 1844
. 104.035 (1) (a) 4. of the statutes is created to read:
AB43,1105,54
104.035
(1) (a) 4. For wages earned on or after January 1, 2026, and prior to
5January 1, 2027, $10.25.
AB43,1845
6Section
1845. 104.035 (2) (a) of the statutes is renumbered 104.035 (2) (a)
7(intro.) and amended to read:
AB43,1105,98
104.035
(2) (a)
Minimum rates. (intro.) Except as provided in subs. (2m) to
(8) 9(8m), the minimum wage for a minor employee is
as follows:
AB43,1105,11
101. For wages earned prior to the effective date of this subdivision .... [LRB
11inserts date], $7.25 per hour.
AB43,1846
12Section
1846. 104.035 (2) (a) 2. of the statutes is created to read:
AB43,1105,1413
104.035
(2) (a) 2. For wages earned on or after the effective date of this
14subdivision .... [LRB inserts date], and prior to January 1, 2025, $8.25 per hour.
AB43,1847
15Section
1847. 104.035 (2) (a) 3. of the statutes is created to read:
AB43,1105,1716
104.035
(2) (a) 3. For wages earned on or after January 1, 2025, and prior to
17January 1, 2026, $9.25.
AB43,1848
18Section
1848. 104.035 (2) (a) 4. of the statutes is created to read:
AB43,1105,2019
104.035
(2) (a) 4. For wages earned on or after January 1, 2026, and prior to
20January 1, 2027, $10.25.
AB43,1849
21Section
1849. 104.035 (2m) (a) of the statutes is renumbered 104.035 (2m) (a)
22(intro.) and amended to read:
AB43,1105,2423
104.035
(2m) (a)
Minimum rates. (intro.) Except as provided in subs. (3) to
(8) 24(8m), the minimum wage for an opportunity employee is
as follows:
AB43,1106,2
11. For wages earned prior to the effective date of this subdivision .... [LRB
2inserts date], $5.90 per hour.
AB43,1850
3Section
1850. 104.035 (2m) (a) 2. of the statutes is created to read:
AB43,1106,54
104.035
(2m) (a) 2. For wages earned on or after the effective date of this
5subdivision .... [LRB inserts date], and prior to January 1, 2025, $6.71 per hour.
AB43,1851
6Section
1851. 104.035 (2m) (a) 3. of the statutes is created to read:
AB43,1106,87
104.035
(2m) (a) 3. For wages earned on or after January 1, 2025, and prior to
8January 1, 2026, $7.52.
AB43,1852
9Section
1852. 104.035 (2m) (a) 4. of the statutes is created to read:
AB43,1106,1110
104.035
(2m) (a) 4. For wages earned on or after January 1, 2026, and prior to
11January 1, 2027, $8.33.
AB43,1853
12Section
1853. 104.035 (3) (a) (intro.) of the statutes is amended to read:
AB43,1106,1813
104.035
(3) (a)
Minimum rates. (intro.) Except as provided in subs. (4) to
(8) 14(8m), if an employer of a tipped employee establishes by the employer's payroll
15records that, when adding the tips received by the tipped employee in a week to the
16wages paid to the tipped employee in that week, the tipped employee receives not less
17than the applicable minimum wage specified in sub. (1), (2), or (2m), the minimum
18wage for the tipped employee is as follows:
AB43,1854
19Section
1854. 104.035 (3) (a) 1. of the statutes is amended to read:
AB43,1106,2220
104.035
(3) (a) 1. For wages earned by a tipped employee who is not an
21opportunity employee
prior to the effective date of this subdivision .... [LRB inserts
22date], $2.33 per hour.
AB43,1855
23Section
1855. 104.035 (3) (a) 1d. of the statutes is created to read:
AB43,1107,3
1104.035
(3) (a) 1d. For wages earned by a tipped employee who is not an
2opportunity employee, on or after the effective date of this subdivision .... [LRB
3inserts date], and prior to January 1, 2025, $2.65 per hour.
AB43,1856
4Section
1856. 104.035 (3) (a) 1h. of the statutes is created to read:
AB43,1107,75
104.035
(3) (a) 1h. For wages earned by a tipped employee who is not an
6opportunity employee, on or after January 1, 2025, and prior to January 1, 2026,
7$2.97 per hour.
AB43,1857
8Section
1857. 104.035 (3) (a) 1p. of the statutes is created to read:
AB43,1107,119
104.035
(3) (a) 1p. For wages earned by a tipped employee who is not an
10opportunity employee, on or after January 1, 2026, and prior to January 1, 2027,
11$3.29 per hour.
AB43,1858
12Section
1858. 104.035 (3) (a) 2. of the statutes is amended to read:
AB43,1107,1513
104.035
(3) (a) 2. For wages earned by a tipped employee who is an opportunity
14employee
prior to the effective date of this subdivision .... [LRB inserts date], $2.13
15per hour.
AB43,1859
16Section
1859. 104.035 (3) (a) 2d. of the statutes is created to read:
AB43,1107,1917
104.035
(3) (a) 2d. For wages earned by a tipped employee who is an
18opportunity employee, on or after the effective date of this subdivision .... [LRB
19inserts date], and prior to January 1, 2025, $2.42 per hour.
AB43,1860
20Section
1860. 104.035 (3) (a) 2h. of the statutes is created to read:
AB43,1107,2321
104.035
(3) (a) 2h. For wages earned by a tipped employee who is an
22opportunity employee, on or after January 1, 2025, and prior to January 1, 2026,
23$2.71 per hour.
AB43,1861
24Section
1861. 104.035 (3) (a) 2p. of the statutes is created to read:
AB43,1108,3
1104.035
(3) (a) 2p. For wages earned by a tipped employee who is an
2opportunity employee, on or after January 1, 2026, and prior to January 1, 2027,
3$3.00 per hour.
AB43,1862
4Section
1862. 104.035 (4) (a) of the statutes is renumbered 104.035 (4) (a)
5(intro.) and amended to read:
AB43,1108,76
104.035
(4) (a)
Minimum rates. (intro.) Except as provided in subs. (7)
and (8) 7to (8m), the minimum wage for an agricultural employee is
as follows:
AB43,1108,9
81. For wages earned prior to the effective date of this subdivision .... [LRB
9inserts date], $7.25 per hour.
AB43,1863
10Section
1863. 104.035 (4) (a) 2. of the statutes is created to read:
AB43,1108,1211
104.035
(4) (a) 2. For wages earned on or after the effective date of this
12subdivision .... [LRB inserts date], and prior to January 1, 2025, $8.25 per hour.
AB43,1864
13Section
1864. 104.035 (4) (a) 3. of the statutes is created to read:
AB43,1108,1514
104.035
(4) (a) 3. For wages earned on or after January 1, 2025, and prior to
15January 1, 2026, $9.25 per hour.
AB43,1865
16Section
1865. 104.035 (4) (a) 4. of the statutes is created to read:
AB43,1108,1817
104.035
(4) (a) 4. For wages earned on or after January 1, 2026, and prior to
18January 1, 2027, $10.25 per hour.
AB43,1866
19Section
1866. 104.035 (5) of the statutes is renumbered 104.035 (5) (intro.)
20and amended to read:
AB43,1108,2321
104.035
(5) Camp counselors. (intro.)
The Except as provided in sub. (8m), the 22minimum wage for a counselor at a seasonal recreational or educational camp,
23including a day camp, is
as follows:
AB43,1109,3
1(a) Prior to the effective date of this paragraph .... [LRB inserts date], $350 per
2week if meals and lodging are not furnished, $265 per week if only meals are
3furnished, and $210 per week if both meals and lodging are furnished.
AB43,1867
4Section
1867. 104.035 (5) (b) of the statutes is created to read:
AB43,1109,85
104.035
(5) (b) On or after the effective date of this paragraph .... [LRB inserts
6date], and prior to January 1, 2025, $398.28 per week if meals and lodging are not
7furnished, $301.55 per week if only meals are furnished, and $238.97 per week if both
8meals and lodging are furnished.
AB43,1868
9Section
1868. 104.035 (5) (c) of the statutes is created to read:
AB43,1109,1210
104.035
(5) (c) On or after January 1, 2025, and prior to January 1, 2026,
11$446.56 per week if meals and lodging are not furnished, $338.50 per week if only
12meals are furnished, and $267.94 per week if both meals and lodging are furnished.
AB43,1869
13Section
1869. 104.035 (5) (d) of the statutes is created to read:
AB43,1109,1614
104.035
(5) (d) On or after January 1, 2026, and prior to January 1, 2027,
15$494.84 per week if meals and lodging are not furnished, $375.09 per week if only
16meals are furnished, and $296.91 per week if both meals and lodging are furnished.
AB43,1870
17Section
1870. 104.035 (6) of the statutes is renumbered 104.035 (6) (intro.)
18and amended to read:
AB43,1109,2019
104.035
(6) Golf caddies. (intro.)
The Except as provided in sub. (8m), the 20minimum wage for a golf caddy is
as follows:
AB43,1109,22
21(a) Prior to the effective date of this paragraph .... [LRB inserts date], $10.50
22for caddying 18 holes and $5.90 for caddying 9 holes.
AB43,1871
23Section
1871. 104.035 (6) (b) of the statutes is created to read:
AB43,1110,3
1104.035
(6) (b) On or after the effective date of this paragraph .... [LRB inserts
2date], and prior to January 1, 2025, $11.95 for caddying 18 holes and $6.71 for
3caddying 9 holes.
AB43,1872
4Section
1872. 104.035 (6) (c) of the statutes is created to read:
AB43,1110,65
104.035
(6) (c) On or after January 1, 2025, and prior to January 1, 2026, $13.40
6for caddying 18 holes and $7.52 for caddying 9 holes.