The bill prohibits certain employer conduct related to compensation
information of current and prospective employees. The bill prohibits an employer
from doing any of the following with respect to a prospective employee:
1. Relying on or soliciting information about the prospective employee's current
or prior compensation. Under current law, an employer may solicit information
about a prospective employee's current or prior compensation. The bill repeals that
provision.
2. Requiring that the prospective employee's current or prior compensation
meet certain criteria in order for the prospective employee to be considered for
employment.
3. Refusing to hire the prospective employee for exercising his or her rights
relating to compensation information.
The bill also prohibits an employer from discharging or discriminating against
a current employee for disclosing the details of the employee's compensation,
discussing the compensation of other employees, asking other employees for details
regarding their compensation, or taking certain actions to enforce an employee's
rights under the bill.
The bill requires employers to post notices, where notices to employees are
customarily posted and on any electronic job posting, regarding employees' and
prospective employees' rights under the bill and provides a penalty for an employer's
failure to do so.
State and local employment regulations; repeal preemption of local
employment regulations
The bill repeals certain preemptions and prohibitions of local governments and
the state from enacting or enforcing ordinances related to various employment
matters. See Local Government.
Worker classification notice and information
Current law requires DWD to perform certain duties related to worker
classification, including for purposes of promoting and achieving compliance by
employers with state employment laws. The bill requires DWD to design and make
available to employers a notice regarding worker classification laws, requirements
for employers and employees, and penalties for noncompliance. Under the bill, all
employers in this state must post the notice in a conspicuous place where notices to
employees are customarily posted. Finally, the bill provides a penalty of not more
than $100 for an employer who does not post the notice as required.
The bill also requires DFI to provide informational materials and resources on
worker misclassification to each person who files with DFI documents forming a
business corporation, nonstock corporation, limited liability company, limited
liability partnership, or limited partnership.
Worker's compensation
Expansion of PTSD coverage for first responders
The bill makes changes to the conditions of liability for worker's compensation
benefits for emergency medical responders, emergency medical services
practitioners, volunteer fire fighters, correctional officers, emergency dispatchers,
coroners and coroner staff members, and medical examiners and medical examiner
staff members who are diagnosed with post-traumatic stress disorder (PTSD).
Under current law, if a law enforcement officer or full-time fire fighter is
diagnosed with PTSD by a licensed psychiatrist or psychologist and the mental injury
that resulted in that diagnosis is not accompanied by a physical injury, that law
enforcement officer or fire fighter can bring a claim for worker's compensation
benefits if the conditions of liability are proven by the preponderance of the evidence
and the mental injury is not the result of a good faith employment action by the
person's employer. Also under current law, liability for such treatment for a mental
injury is limited to no more than 32 weeks after the injury is first reported.
Under current law, an injured emergency medical responder, emergency
medical services practitioner, volunteer fire fighter, correctional officer, emergency
dispatcher, coroner, coroner staff member, medical examiner, or medical examiner
staff member who does not have an accompanying physical injury must demonstrate
a diagnosis based on unusual stress of greater dimensions than the day-to-day
emotional strain and tension experienced by all employees as required under School
District No. 1 v. DILHR, 62 Wis. 2d 370, 215 N.W.2d 373 (1974) in order to receive
worker's compensation benefits for PTSD. Under the bill, such an injured emergency
medical responder, emergency medical services practitioner, volunteer fire fighter,
correctional officer, emergency dispatcher, coroner, coroner staff member, medical
examiner, or medical examiner staff member is not required to demonstrate a
diagnosis based on that standard, and instead must demonstrate a diagnosis based
on the same standard as law enforcement officers and fire fighters. Finally, under
the bill, an emergency medical responder, emergency medical services practitioner,
volunteer fire fighter, correctional officer, emergency dispatcher, coroner, coroner
staff member, medical examiner, or medical examiner staff member is restricted to
compensation for a mental injury that is not accompanied by a physical injury and
that results in a diagnosis of PTSD three times in his or her lifetime irrespective of
a change of employer or employment in the same manner as law enforcement officers
and fire fighters.
Penalties for uninsured employers
Under current law, an employer who requires an employee to pay for any part
of worker's compensation insurance or who fails to provide mandatory worker's
compensation insurance coverage is subject to a forfeiture. If the employer violates
those requirements, for the first 10 days, the penalty under current law is not less
than $100 and not more than $1,000 for such a violation. If the employer violates
those requirements for more than 10 days, the penalty under current law is not less
than $10 and not more than $100 for each day of such a violation.
Under the bill, the forfeitures for an employer who requires an employee to pay
for worker's compensation coverage or fails to provide the coverage (violation) are as
follows:
1. For a first violation, $1,000 per violation or the amount of the insurance
premium that would have been payable, whichever is greater.
2. For a second violation, $2,000 per violation or two times the amount of the
insurance premium that would have been payable, whichever is greater.
3. For a third violation, $3,000 per violation or three times the amount of the
insurance premium that would have been payable, whichever is greater.
4. For a fourth or subsequent violation, $4,000 per violation or four times the
amount of the insurance premium that would have been payable, whichever is
greater.
Under current law, if an employer who is required to provide worker's
compensation insurance coverage provides false information about the coverage to
his or her employees or contractors who request information about the coverage, or
fails to notify a person who contracts with the employer that the coverage has been
canceled in relation to the contract, the employer is subject to a forfeiture of not less
than $100 and not more than $1,000 for each such violation.
Under the bill, the penalty for a first or second such violation remains as
specified under current law, the penalty for a third violation is $3,000, and the
penalty for a fourth or subsequent violation is $4,000.
Currently, an uninsured employer must pay to DWD an amount that is equal
to the greater of the following: 1) twice the amount that the uninsured employer
would have paid for worker's compensation coverage during periods in which the
employer was uninsured in the preceding three years or 2) $750 or, if certain
conditions apply, $100 per day.
The bill provides that the amounts an uninsured employer must pay to DWD
for a determination of a failure to carry worker's compensation insurance are as
follows:
1. For a first or second determination, the amounts specified in current law.
2. For a third determination, the greater of the following: a) three times the
amount that the uninsured employer would have paid for worker's compensation
coverage during periods in which the employer was uninsured in the preceding three
years or b) $3,000.
3. For a fourth or subsequent determination, the greater of the following: a)
four times the amount that the uninsured employer would have paid for worker's
compensation coverage during periods in which the employer was uninsured in the
preceding three years or b) $4,000.
False or fraudulent worker's compensation insurance applications
Current law specifies criminal penalties for various types of insurance fraud,
which are punishable as either a Class A misdemeanor or a Class I felony, depending
on the value of the claim or benefit. The bill adds to the list of criminally punishable
insurance fraud the following: 1) the presentation of false or fraudulent applications
for worker's compensation insurance coverage and 2) the presentation of
applications for worker's compensation insurance coverage that falsely or
fraudulently misclassify employees in order to lower premiums.
Also, under current law, if an insurer or self-insured employer has evidence
that a worker's compensation claim is false or fraudulent, the insurer or self-insured
employer must generally report the claim to DWD. If, on the basis of the
investigation, DWD has a reasonable basis to believe that criminal insurance fraud
has occurred, DWD must refer the matter to the district attorney for prosecution.
DWD may request assistance from DOJ to investigate false or fraudulent activity
related to a worker's compensation claim. If, on the basis of that investigation, DWD
has a reasonable basis to believe that theft, forgery, fraud, or any other criminal
violation has occurred, DWD must refer the matter to the district attorney or DOJ
for prosecution. The bill extends these requirements to insurers that have evidence
that an application for worker's compensation insurance coverage is fraudulent or
that an employer has committed fraud by misclassifying employees to lower the
employer's worker's compensation insurance premiums.
Unemployment insurance
Worker misclassification penalties
Current law requires DWD to assess an administrative penalty against an
employer engaged in construction projects or in the painting or drywall finishing of
buildings or other structures who knowingly and intentionally provides false
information to DWD for the purpose of misclassifying or attempting to misclassify
an individual who is an employee of the employer as a nonemployee under the
unemployment insurance (UI) law. The penalty under current law is $500 for each
employee who is misclassified, not to exceed $7,500 per incident. In addition, current
law provides for criminal fines of up to $25,000 for employers who, after having
previously been assessed such an administrative penalty, commit another violation.
Current law additionally requires DWD to assess an administrative penalty against
such an employer who, through coercion, requires an employee to adopt the status
of a nonemployee; the penalty amount is $1,000 for each employee so coerced, but not
to exceed $10,000 per calendar year. Penalties are deposited into the unemployment
program integrity fund.
The bill does the following: 1) removes the $7,500 and $10,000 limitations on
the administrative penalties and provides that the penalties double for each act
occurring after the date of the first determination of a violation; 2) removes the
limitations on the types of employers to whom the prohibitions apply, making them
applicable to any type of employer; and 3) specifies that DWD may make referrals
for criminal prosecution for alleged criminal misclassification violations regardless
of whether an employer has been subject to any other penalty or assessment under
the UI law.
Social security disability insurance payments
Under current law, in any week in any month that a claimant is issued a benefit
under the federal Social Security Disability Insurance program (SSDI payment),
that claimant is ineligible for UI benefits. The bill repeals that prohibition and
instead requires DWD to reduce a claimant's benefit payments by the amount of
SSDI payments. The bill requires DWD to allocate a monthly SSDI payment by
allocating to each week the fraction of the payment attributable to that week.
Jobs and job training
Worker advancement initiative
The bill requires DWD to establish and maintain a worker advancement
initiative, through which DWD offers subsidized employment and skills training
with local employers, targeted to individuals in sectors of the workforce that have not
recovered from the loss of employees due to the COVID-19 pandemic. This program
includes targeted subprograms related to the following: 1) health-care workforce
opportunities; 2) training opportunities for jobs that require a commercial driver
license; and 3) reengaging out-of-work, barriered, and underserved individuals
through system transformation, through which DWD must find methods to more
effectively reach and serve population groups that are underserved and disconnected
from the labor force.
Grants to local workforce development boards
The bill creates a grant program administered by DWD to provide grants to
local workforce development boards for youth services and training. Under the
program, DWD must provide grants for tutoring, mentoring, supportive services,
paid and unpaid work experiences, preapprenticeship programs, internships,
on-the-job training, occupational skills training, leadership development
opportunities, counseling, financial literacy education, entrepreneurial skills
training, and education regarding labor market information, employment
information, and postsecondary education and training preparation.
The bill also creates a new continuing GPR appropriation to DWD for the
purpose of providing grants under the local workforce development board youth
services and training grant program.
Workforce innovation grant program
The bill requires DWD to 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.
Green jobs training program grants
The bill creates a green jobs training program to be administered by DWD.
Under the program, DWD is required to award grants to public and private
organizations for the development and implementation of green jobs training
programs. The bill defines “green jobs” as jobs that produce goods or provide services
that benefit the environment or conserve natural resources. The bill also allows
DWD to require a public or private organization, as a condition of receiving a grant,
to provide matching funds at a percentage to be determined by DWD.
Clean energy training and reemployment
The bill requires DWD to establish and administer a clean energy training and
reemployment program to connect workers with employers and use other
apprenticeship and technical college programs to deliver training for clean energy
jobs.
Discrimination
Fair employment; civil actions
Under current fair employment law, an individual who alleges that an
employer has violated employment discrimination, unfair honesty testing, or unfair
genetic testing laws may file a complaint with DWD seeking action that will
effectuate the purpose of the fair employment law, including reinstating the
individual, providing back pay, and paying costs and attorney fees.
The bill allows DWD or an individual who is alleged or was found to have been
discriminated against or subjected to unfair honesty or genetic testing to bring an
action in circuit court to recover compensatory and punitive damages caused by the
act of discrimination, unfair honesty testing, or unfair genetic testing, in addition to
or in lieu of filing an administrative complaint. The action in circuit court must be
commenced within 300 days after the alleged discrimination, unfair honesty testing,
or unfair genetic testing occurred. The bill does not allow such an action for damages
to be brought against a local governmental unit or against an employer that employs
fewer than 15 individuals.
Under the bill, if the circuit court finds that a defendant has committed
employment discrimination, unfair honesty testing, or unfair genetic testing, the
circuit court may award back pay and any other relief that could have been awarded
in an administrative proceeding. In addition, the circuit court must order the
defendant to pay to the individual found to have been discriminated against or found
to have received unfair genetic testing or unfair honesty testing compensatory and
punitive damages in the amount that the circuit court finds appropriate, except that
the total amount of damage awarded for future economic losses and for pain and
suffering, emotional distress, mental anguish, loss of enjoyment of life, and other
noneconomic losses and punitive damages is subject to the following limitations:
1. If the defendant employs 100 or fewer employees, no more than $50,000.
2. If the defendant employs more than 100 but fewer than 201 employees, no
more than $100,000.
3. If the defendant employs more than 200 but fewer than 501 employees, no
more than $200,000.
4. If the defendant employs more than 500 employees, no more than $300,000.
The bill requires DWD to annually revise these amounts on the basis of the
change in the consumer price index in the previous year, if any positive change has
occurred.
Fair employment; discrimination based on conviction record
The bill provides that it is employment discrimination because of conviction
record under the fair employment law for a prospective employer to request
conviction information from a job applicant before the applicant has been selected
for an interview.
The bill, however, does not prohibit an employer from notifying job applicants
that an individual with a particular conviction record may be disqualified by law or
the employer's policies from employment in particular positions.
Fair employment; discrimination based on gender expression and gender
identity
Current fair employment law prohibits discrimination in employment on the
basis of a person's sex or sexual orientation. The bill also so prohibits discrimination
on the basis of an individual's gender identity or gender expression. “Gender
expression” is defined in the bill as 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.
“Gender identity” is defined in the bill as an individual's internal understanding of
the individual's gender, or the individual's perceived gender identity.
Administration and finance
Worker's compensation uninsured employers fund
Under current law, the uninsured employers fund (UEF) is used to pay worker's
compensation benefits on claims filed by employees who are injured while working
for uninsured employers in this state. The money for the UEF comes from, among
various sources, penalties assessed against uninsured employers. The bill changes
the appropriation for the UEF from a sum sufficient appropriation to a continuing
appropriation.
Reimbursements for supplemental worker's compensation benefits
Under current law, insurers are required to pay supplemental benefits to
certain employees who were permanently disabled by an injury that is compensable
under the worker's compensation law. DWD is authorized to collect up to $5,000,000
from insurers that provide worker's compensation insurance to provide those
supplemental benefits. This money must be used exclusively to provide
reimbursements to insurers that pay those supplemental benefits and that request
reimbursements.
The bill creates a new, separate appropriation in the worker's compensation
operations fund to provide these reimbursements. The bill does not increase revenue
to DWD or collections from insurers.
Migrant labor fees
Under current law, migrant labor contractor and camp fees are deposited in the
state general fund and not credited to a specific appropriation. The bill instead
requires that the fees be credited to the DWD auxiliary services appropriation and
authorizes that appropriation to be used for administrative costs related to the
migrant labor program administered by DWD.
Migrant labor law enforcement
The bill creates a new annual GPR appropriation to DWD for the purpose of
enforcement of laws related to wages, hours, and working conditions of migrant
workers, the certification, maintenance, and inspection of migrant labor camps, and
the recruitment and hiring of migrant workers.
ENVIRONMENT
Water quality
PFAS standards
The bill requires DNR to establish and enforce various standards for
perfluoroalkyl and polyfluoroalkyl substances (PFAS). The PFAS group of
substances includes several thousand chemicals; two of the most well known are
perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS).
The bill requires DNR to establish, by rule, acceptable levels and standards,
monitoring requirements, and required response actions for any PFAS in drinking
water, groundwater, surface water, air, solid waste, beds of navigable waters, and soil
and sediment, if DNR determines that the substance may be harmful to human
health or the environment. These rules must cover, at a minimum, PFOA and PFOS,
as well as perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA),
and perfluorobutane sulfonic acid (PFBS).
The bill also requires DNR to establish air emission standards for PFAS to
provide adequate protection for public health and welfare, taking into account
energy, economic, and environmental impacts and other costs related to the emission
source.
Under current law, DNR maintains a list of substances that have a reasonable
probability of entering the groundwater resources of the state and that are shown to
involve public health concerns. Under the bill, DNR is required to add to this list
PFOA, PFOS, PFHxS, PFNA, PFBS, and all other PFAS that have a reasonable
probability of entering the groundwater resources of the state and that are shown to
involve public health concerns. Under current law, DHS recommends enforcement
standards for substances on this list, which DNR then proposes as DNR rules in its
rule-making process. Until DNR establishes such rules, the bill requires DNR to
apply any DHS-recommended groundwater enforcement standard for any PFAS as
an interim standard for groundwater and as an interim maximum containment level
for drinking water.
The bill also provides that DNR may, if it determines doing so is necessary to
protect human health or the environment, require a person who possesses or controls
PFAS to provide proof of financial responsibility for remediation and long-term care
to address contamination by a potential discharge of PFAS or environmental
pollution that may be caused by a discharge of PFAS.
In addition, the bill requires DNR to set criteria for certifying laboratories to
test for PFAS, and to certify laboratories that meet these criteria. Before these
criteria are set, the bill allows DNR to require testing for PFAS to be done according
to nationally recognized standards.
Finally, the bill requires a person who generates solid or hazardous waste at a
site or facility under investigation by DNR to provide DNR with access to information
relating to any transportation to or treatment, storage, or disposal at another site,
facility, or location.
PFAS municipal grant program
The bill creates a municipal grant program, administered by DNR, to address
PFAS. Under the program, DNR must provide grants to cities, towns, villages,
counties, tribal governments, utility districts, lake protections districts, sewerage
districts, and municipal airports (municipalities). DNR may award a grant only if
the applicant tested or trained with a PFAS-containing fire fighting foam in
accordance with applicable state and federal law, or a third party tested or trained
with PFAS-containing fire fighting foam within the boundaries of the municipality;
the applicant applied biosolids to land under a water pollution permit issued by
DNR; or PFAS are impacting the applicant's drinking water supply or surface water
or groundwater within the municipality and the responsible party is unknown or is
unwilling or unable to take the necessary response actions.
