This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB50-ASA2-AA6,196,2162. If the department determines upon inspection under sub. (10) (b) or (c) that
17a contractor, subcontractor, or contractors or subcontractors agent has failed to
18pay the prevailing wage rate determined by the department under sub. (3) or has
19paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of
20the prevailing hours of labor, the department shall order the contractor to pay to
21any affected employee the amount of his or her unpaid wages or his or her unpaid
22overtime compensation and an additional amount equal to 100 percent of the

1amount of those unpaid wages or that unpaid overtime compensation as liquidated
2damages within a period specified by the department in the order.
AB50-ASA2-AA6,196,1433. In addition to or in lieu of recovering the liability specified in subd. 1. as
4provided in subd. 2., any employee for and on behalf of that employee and other
5employees similarly situated may commence an action to recover that liability in
6any court of competent jurisdiction. If the court finds that a contractor,
7subcontractor, or contractors or subcontractors agent has failed to pay the
8prevailing wage rate determined by the department under sub. (3) or has paid less
9than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
10prevailing hours of labor, the court shall order the contractor, subcontractor, or
11agent to pay to any affected employee the amount of his or her unpaid wages or his
12or her unpaid overtime compensation and an additional amount equal to 100
13percent of the amount of those unpaid wages or that unpaid overtime compensation
14as liquidated damages.
AB50-ASA2-AA6,196,19155. No employee may be a party plaintiff to an action under subd. 3. unless the
16employee consents in writing to become a party and the consent is filed in the court
17in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in
18addition to any judgment awarded to the plaintiff, allow reasonable attorney fees
19and costs to be paid by the defendant.
AB50-ASA2-AA6,196,2320(b) 1. Except as provided in subds. 2., 4., and 6., any contractor, subcontractor,
21or contractors or subcontractors agent who violates this section may be fined not
22more than $200 or imprisoned for not more than 6 months or both. Each day that
23any violation continues is a separate offense.
AB50-ASA2-AA6,197,9
12. Whoever induces any individual who seeks to be or is employed on any
2project of public works that is subject to this section to give up, waive, or return any
3part of the wages to which the individual is entitled under the contract governing
4the project, or who reduces the hourly basic rate of pay normally paid to an
5individual for work on a project that is not subject to this section during a week in
6which the individual works both on a project of public works that is subject to this
7section and on a project that is not subject to this section, by threat not to employ, by
8threat of dismissal from employment, or by any other means is guilty of an offense
9under s. 946.15 (1).
AB50-ASA2-AA6,197,19103. Any individual employed on a project of public works that is subject to this
11section who knowingly allows a contractor, subcontractor, or contractors or
12subcontractors agent to pay him or her less than the prevailing wage rate set forth
13in the contract governing the project, who gives up, waives, or returns any part of
14the compensation to which he or she is entitled under the contract, or who gives up,
15waives, or returns any part of the compensation to which he or she is normally
16entitled for work on a project that is not subject to this section during a week in
17which the individual works both on a project of public works that is subject to this
18section and on a project that is not subject to this section, is guilty of an offense
19under s. 946.15 (2).
AB50-ASA2-AA6,198,2204. Whoever induces any individual who seeks to be or is employed on any
21project of public works that is subject to this section to allow any part of the wages
22to which the individual is entitled under the contract governing the project to be
23deducted from the individuals pay is guilty of an offense under s. 946.15 (3), unless

1the deduction would be allowed under 29 CFR 3.5 or 3.6 from an individual who is
2working on a project that is subject to 40 USC 3142.
AB50-ASA2-AA6,198,835. Any individual who is employed on a project of public works that is subject
4to this section who knowingly allows any part of the wages to which he or she is
5entitled under the contract governing the project to be deducted from his or her pay
6is guilty of an offense under s. 946.15 (4), unless the deduction would be allowed
7under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is
8subject to 40 USC 3142.
AB50-ASA2-AA6,198,1196. Subdivision 1. does not apply to any person who fails to provide any
10information to the department to assist the department in determining prevailing
11wage rates under sub. (3) (am) or (ar).
AB50-ASA2-AA6,199,212(12) Debarment. (a) Except as provided under pars. (b) and (c), the
13department shall notify any local governmental unit applying for a determination
14under sub. (3) of the names of all persons that the department has found to have
15failed to pay the prevailing wage rate determined under sub. (3) or has found to
16have paid less than 1.5 times the hourly basic rate of pay for all hours worked in
17excess of the prevailing hours of labor at any time in the preceding 3 years. The
18department shall include with each name the address of the person and shall
19specify when the person failed to pay the prevailing wage rate and when the person
20paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of
21the prevailing hours of labor. A local governmental unit may not award any
22contract to the person unless otherwise recommended by the department or unless

13 years have elapsed from the date the department issued its findings or the date of
2final determination by a court of competent jurisdiction, whichever is later.
AB50-ASA2-AA6,199,83(b) The department may not include in a notification under par. (a) the name
4of any person on the basis of having subcontracted a contract for a project of public
5works to a person that the department has found to have failed to pay the prevailing
6wage rate determined under sub. (3) or has found to have paid less than 1.5 times
7the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
8labor.
AB50-ASA2-AA6,199,129(c) This subsection does not apply to any contractor, subcontractor, or agent
10who in good faith commits a minor violation of this section, as determined on a case-
11by-case basis through administrative hearings with all rights to due process
12afforded to all parties or who has not exhausted or waived all appeals.
AB50-ASA2-AA6,199,2213(d) Any person submitting a bid or negotiating a contract on a project of public
14works that is subject to this section shall, on the date the person submits the bid or
15negotiates the contract, identify any construction business in which the person, or a
16shareholder, officer, or partner of the person, if the person is a business, owns, or
17has owned at least a 25 percent interest on the date the person submits the bid or
18negotiates the contract or at any other time within 3 years preceding the date the
19person submits the bid or negotiates the contract, if the business has been found to
20have failed to pay the prevailing wage rate determined under sub. (3) or to have
21paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of
22the prevailing hours of labor.
AB50-ASA2-AA6,199,2323(e) The department shall promulgate rules to administer this subsection.
AB50-ASA2-AA6,399
1Section 399. 84.41 (3) of the statutes is created to read:
AB50-ASA2-AA6,200,6284.41 (3) Employment regulations. Employment regulations set forth in s.
3103.50 pertaining to wages and hours shall apply to all projects constructed under
4s. 84.40 in the same manner as such laws apply to projects on other state highways.
5Where applicable, the federal wages and hours law known as the Davis-Bacon act
6shall apply.
AB50-ASA2-AA6,4007Section 400. 103.005 (12) (a) of the statutes is amended to read:
AB50-ASA2-AA6,200,188103.005 (12) (a) If any employer, employee, owner, or other person violates
9chs. 103 to 106, or fails or refuses to perform any duty required under chs. 103 to
10106, within the time prescribed by the department, for which no penalty has been
11specifically provided, or fails, neglects or refuses to obey any lawful order given or
12made by the department or any judgment or decree made by any court in connection
13with chs. 103 to 106, for each such violation, failure or refusal, the employer,
14employee, owner or other person shall forfeit not less than $10 nor more than $100
15for each offense. This paragraph does not apply to any person that fails to provide
16any information to the department to assist the department in determining
17prevailing wage rates or prevailing hours of labor under s. 103.49 (3) (a) or (am) or
18103.50 (3) or (4).
AB50-ASA2-AA6,40119Section 401. 103.49 of the statutes is created to read:
AB50-ASA2-AA6,200,2020103.49 Wage rate on state work. (1) Definitions. In this section:
AB50-ASA2-AA6,201,621(a) Area means the county in which a proposed project of public works that
22is subject to this section is located or, if the department determines that there is
23insufficient wage data in that county, area means those counties that are

1contiguous to that county or, if the department determines that there is insufficient
2wage data in those counties, area means those counties that are contiguous to
3those counties or, if the department determines that there is insufficient wage data
4in those counties, area means the entire state or, if the department is requested to
5review a determination under sub. (3) (c), area means the city, village, or town in
6which a proposed project of public works that is subject to this section is located.
AB50-ASA2-AA6,201,127(am) Bona fide economic benefit means an economic benefit for which an
8employer makes irrevocable contributions to a trust or fund created under 29 USC
9186 (c) or to any other bona fide plan, trust, program, or fund no less often than
10quarterly or, if an employer makes annual contributions to such a bona fide plan,
11trust, program, or fund, for which the employer irrevocably escrows moneys at least
12quarterly based on the employers expected annual contribution.
AB50-ASA2-AA6,201,1613(b) Hourly basic rate of pay means the hourly wage paid to any employee,
14excluding any contributions or payments for health insurance benefits, vacation
15benefits, pension benefits, and any other bona fide economic benefits, whether paid
16directly or indirectly.
AB50-ASA2-AA6,201,1917(bg) Insufficient wage data means less than 500 hours of work performed in
18a particular trade or occupation on projects that are similar to a proposed project of
19public works that is subject to this section.
AB50-ASA2-AA6,202,220(bj) Minor service or maintenance work means a project of public works that
21is limited to minor crack filling, chip or slurry sealing, or other minor pavement
22patching, not including overlays, that has a projected life span of no longer than 5
23years; cleaning of drainage or sewer ditches or structures; or any other limited,

1minor work on public facilities or equipment that is routinely performed to prevent
2breakdown or deterioration.
AB50-ASA2-AA6,202,53(br) Multiple-trade project of public works means a project of public works
4in which no single trade accounts for 85 percent or more of the total labor cost of the
5project.
AB50-ASA2-AA6,202,86(c) Prevailing hours of labor for any trade or occupation in any area means
710 hours per day and 40 hours per week and may not include any hours worked on
8a Saturday or Sunday or on any of the following holidays:
AB50-ASA2-AA6,202,991. January 1.
AB50-ASA2-AA6,202,10102. The last Monday in May.
AB50-ASA2-AA6,202,12124. The first Monday in September.
AB50-ASA2-AA6,202,13135. The 4th Thursday in November.
AB50-ASA2-AA6,202,14146. December 25.
AB50-ASA2-AA6,202,15157. The day before if January 1, July 4, or December 25 falls on a Saturday.
AB50-ASA2-AA6,202,16168. The day following if January 1, July 4, or December 25 falls on a Sunday.
AB50-ASA2-AA6,202,2317(d) 1. Except as provided in subd. 2., prevailing wage rate for any trade or
18occupation engaged in the erection, construction, remodeling, repairing, or
19demolition of any project of public works in any area means the hourly basic rate of
20pay, plus the hourly contribution for health insurance benefits, vacation benefits,
21pension benefits, and any other bona fide economic benefit, paid directly or
22indirectly for a majority of the hours worked in the trade or occupation on projects
23in the area.
AB50-ASA2-AA6,203,10
12. If there is no rate at which a majority of the hours worked in the trade or
2occupation on projects in the area is paid, prevailing wage rate for any trade or
3occupation engaged in the erection, construction, remodeling, repairing, or
4demolition of any project of public works in any area means the average hourly basic
5rate of pay, weighted by the number of hours worked, plus the average hourly
6contribution, weighted by the number of hours worked, for health insurance
7benefits, vacation benefits, pension benefits, and any other bona fide economic
8benefit, paid directly or indirectly for all hours worked at the hourly basic rate of
9pay of the highest-paid 51 percent of hours worked in that trade or occupation on
10projects in that area.
AB50-ASA2-AA6,203,1311(em) Single-trade project of public works means a project of public works in
12which a single trade accounts for 85 percent or more of the total labor cost of the
13project.
AB50-ASA2-AA6,203,1914(f) State agency means any office, department, independent agency,
15institution of higher education, association, society, or other body in state
16government created or authorized to be created by the constitution or any law,
17including the legislature and the courts. State agency also includes the
18University of Wisconsin Hospitals and Clinics Authority, the Fox River
19Navigational System Authority, and the Wisconsin Aerospace Authority.
AB50-ASA2-AA6,204,220(fm) Supply and installation contract means a contract under which the
21material is installed by the supplier, the material is installed by means of simple
22fasteners or connectors such as screws or nuts and bolts, and no other work is

1performed on the site of the project of public works, and the total labor cost to
2install the material does not exceed 20 percent of the total cost of the contract.
AB50-ASA2-AA6,204,33(g) Truck driver includes an owner-operator of a truck.
AB50-ASA2-AA6,204,64(1m) Applicability. Subject to sub. (3g), this section applies to any project of
5public works erected, constructed, repaired, remodeled, or demolished for the state
6or a state agency, including all of the following:
AB50-ASA2-AA6,204,97(a) A project erected, constructed, repaired, remodeled, or demolished by one
8state agency for another state agency under any contract or under any statute
9specifically authorizing cooperation between state agencies.
AB50-ASA2-AA6,204,1310(b) A project in which the completed facility is leased, purchased, lease
11purchased, or otherwise acquired by, or dedicated to, the state in lieu of the state or
12a state agency contracting for the erection, construction, repair, remodeling, or
13demolition of the facility.
AB50-ASA2-AA6,204,1614(c) A sanitary sewer or water main project in which the completed sanitary
15sewer or water main is acquired by, or dedicated to, the state for ownership or
16maintenance by the state.
AB50-ASA2-AA6,205,1617(2) Prevailing wage rates and hours of labor. Any contract made for the
18erection, construction, remodeling, repairing, or demolition of any project of public
19works to which the state or any state agency is a party shall contain a stipulation
20that no individual performing the work described in sub. (2m) may be allowed to
21work a greater number of hours per day or per week than the prevailing hours of
22labor, except that any such individual may be allowed or required to work more than
23such prevailing hours of labor per day and per week if he or she is paid for all hours

1worked in excess of the prevailing hours of labor at a rate of at least 1.5 times his or
2her hourly basic rate of pay; nor may he or she be paid less than the prevailing wage
3rate determined under sub. (3) in the same or most similar trade or occupation in
4the area in which the project of public works is situated. The notice published for
5the purpose of securing bids for the project must contain a reference to the
6prevailing wage rates determined under sub. (3) and the prevailing hours of labor.
7Except as otherwise provided in this subsection, if any contract or subcontract for a
8project of public works that is subject to this section is entered into, the prevailing
9wage rates determined under sub. (3) and the prevailing hours of labor shall be
10physically incorporated into and made a part of the contract or subcontract. For a
11minor subcontract, as determined by the department, the department shall
12prescribe by rule the method of notifying the minor subcontractor of the prevailing
13wage rates and prevailing hours of labor applicable to the minor subcontract. The
14prevailing wage rates and prevailing hours of labor applicable to a contract or
15subcontract may not be changed during the time that the contract or subcontract is
16in force.
AB50-ASA2-AA6,205,2217(2m) Covered employees. (a) Subject to par. (b), any person subject to this
18section shall pay all of the following employees the prevailing wage rate determined
19under sub. (3) and may not allow such employees to work a greater number of hours
20per day or per week than the prevailing hours of labor, unless the person pays for all
21hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times
22the employees hourly basic rate of pay:
AB50-ASA2-AA6,206,2
11. All laborers, workers, mechanics, and truck drivers employed on the site of
2a project of public works that is subject to this section.
AB50-ASA2-AA6,206,832. All laborers, workers, mechanics, and truck drivers employed in the
4manufacturing or furnishing of materials, articles, supplies, or equipment on the
5site of a project of public works that is subject to this section or from a facility
6dedicated exclusively, or nearly so, to a project of public works that is subject to this
7section by a contractor, subcontractor, agent, or other person performing any work
8on the site of the project.
AB50-ASA2-AA6,206,169(b) A laborer, worker, mechanic, or truck driver who is employed to process,
10manufacture, pick up, or deliver materials or products from a commercial
11establishment that has a fixed place of business from which the establishment
12supplies processed or manufactured materials or products or from a facility that is
13not dedicated exclusively, or nearly so, to a project of public works that is subject to
14this section is not entitled to receive the prevailing wage rate determined under
15sub. (3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours
16worked in excess of the prevailing hours of labor unless any of the following applies:
AB50-ASA2-AA6,206,21171. The laborer, worker, mechanic, or truck driver is employed to go to the
18source of mineral aggregate such as sand, gravel, or stone and deliver that mineral
19aggregate to the site of a project of public works that is subject to this section by
20depositing the material directly in final place, from the transporting vehicle or
21through spreaders from the transporting vehicle.
AB50-ASA2-AA6,207,2222. The laborer, worker, mechanic, or truck driver is employed to go to the site
23of a project that is subject to this section, pick up excavated material or spoil from

1the site of the project of public works, and transport that excavated material or spoil
2away from the site of the project.
AB50-ASA2-AA6,207,53(c) A person that is subject to this section shall pay a truck driver who is an
4owner-operator of a truck separately for his or her work and for the use of his or her
5truck.
AB50-ASA2-AA6,207,216(3) Investigation; determination. (a) Before a state agency issues a
7request for bids for any work to which this section applies, the state agency having
8the authority to prescribe the specifications shall apply to the department to
9determine the prevailing wage rate for each trade or occupation required in the
10work under contemplation in the area in which the work is to be done. The
11department shall conduct investigations and hold public hearings as necessary to
12define the trades or occupations that are commonly employed on projects that are
13subject to this section and to inform itself of the prevailing wage rates in all areas of
14the state for those trades or occupations, in order to determine the prevailing wage
15rate for each trade or occupation. The department shall issue its determination
16within 30 days after receiving the request and shall file the determination with the
17requesting state agency. A state agency that has contracted for a project of public
18works subject to this section shall post the prevailing wage rates determined by the
19department, the prevailing hours of labor, and the provisions of subs. (2) and (6m)
20in at least one conspicuous place on the site of the project that is easily accessible by
21employees working on the project.
AB50-ASA2-AA6,208,522(am) The department shall, by January 1 of each year, compile the prevailing
23wage rates for each trade or occupation in each area. The compilation shall, in

1addition to the current prevailing wage rates, include future prevailing wage rates
2when those prevailing wage rates can be determined for any trade or occupation in
3any area and shall specify the effective date of those future prevailing wage rates.
4If a project of public works extends into more than one area, the department shall
5determine only one standard of prevailing wage rates for the entire project.
AB50-ASA2-AA6,208,146(ar) In determining prevailing wage rates under par. (a) or (am), the
7department may not use data from projects that are subject to this section, s.
866.0903, 103.50, or 229.8275, or 40 USC 3142 unless the department determines
9that there is insufficient wage data in the area to determine those prevailing wage
10rates, in which case the department may use data from projects that are subject to
11this section, s. 66.0903, 103.50, or 229.8275, or 40 USC 3142. In determining
12prevailing wage rates under par. (a) or (am), the department may not use data from
13any construction work performed by a state agency or a local governmental unit, as
14defined in s. 66.0903 (1) (d).
AB50-ASA2-AA6,208,2315(b) Any person may request a recalculation of any portion of an initial
16determination within 30 days after the initial determination date if the person
17submits evidence with the request showing that the prevailing wage rate for any
18given trade or occupation included in the initial determination does not represent
19the prevailing wage rate for that trade or occupation in the area. The evidence shall
20include wage rate information reflecting work performed by individuals working in
21the contested trade or occupation in the area during the current survey period. The
22department shall affirm or modify the initial determination within 15 days after
23the date on which the department receives the request for recalculation.
AB50-ASA2-AA6,209,14
1(c) In addition to the recalculation under par. (b), the state agency that
2requested the determination under this subsection may request a review of any
3portion of a determination within 30 days after the date of issuance of the
4determination if the state agency submits evidence with the request showing that
5the prevailing wage rate for any given trade or occupation included in the
6determination does not represent the prevailing wage rate for that trade or
7occupation in the city, village, or town in which the proposed project of public works
8is located. That evidence shall include wage rate information for the contested
9trade or occupation on at least 3 similar projects located in the city, village, or town
10where the proposed project of public works is located on which some work has been
11performed during the current survey period and that were considered by the
12department in issuing its most recent compilation under par. (am). The
13department shall affirm or modify the determination within 15 days after the date
14on which the department receives the request for review.
AB50-ASA2-AA6,209,1515(3g) Nonapplicability. This section does not apply to any of the following:
AB50-ASA2-AA6,209,1816(a) A single-trade project of public works for which the estimated project cost
17of completion is less than $48,000 or a multiple-trade project of public works for
18which the estimated project cost of completion is less than $100,000.
AB50-ASA2-AA6,209,2219(b) Work performed on a project of public works for which the state or the state
20agency contracting for the project is not required to compensate any contractor,
21subcontractor, contractors or subcontractors agent, or individual for performing
22the work.
AB50-ASA2-AA6,210,2
1(c) Minor service or maintenance work, warranty work, or work under a
2supply and installation contract.
AB50-ASA2-AA6,210,33(f) A public highway, street, or bridge project.
AB50-ASA2-AA6,210,64(g) A project of public works involving the erection, construction, repair,
5remodeling, or demolition of a residential property containing 2 dwelling units or
6less.
AB50-ASA2-AA6,210,117(h) A road, street, bridge, sanitary sewer, or water main project that is a part
8of a development in which not less than 90 percent of the lots contain or will contain
92 dwelling units or less, as determined by the local governmental unit at the time of
10approval of the development, and that, on completion, is acquired by, or dedicated
11to, the state for ownership or maintenance by the state.
AB50-ASA2-AA6,210,1912(4r) Compliance. (a) When the department finds that a state agency has not
13requested a determination under sub. (3) (a) or that a state agency, contractor, or
14subcontractor has not physically incorporated a determination into a contract or
15subcontract as required under sub. (2) or has not notified a minor subcontractor of
16a determination in the manner prescribed by the department by rule promulgated
17under sub. (2), the department shall notify the state agency, contractor, or
18subcontractor of the noncompliance and shall file the determination with the state
19agency, contractor, or subcontractor within 30 days after the notice.
AB50-ASA2-AA6,211,220(b) Upon completion of a project of public works and before receiving final
21payment for his or her work on the project, each agent or subcontractor shall
22furnish the contractor with an affidavit stating that the agent or subcontractor has

1complied fully with the requirements of this section. A contractor may not
2authorize final payment until the affidavit is filed in proper form and order.
AB50-ASA2-AA6,211,163(c) Upon completion of a project of public works and before receiving final
4payment for his or her work on the project, each contractor shall file with the state
5agency authorizing the work an affidavit stating that the contractor has complied
6fully with the requirements of this section and that the contractor has received an
7affidavit under par. (b) from each of the contractors agents and subcontractors. A
8state agency may not authorize a final payment until the affidavit is filed in proper
9form and order. If a state agency authorizes a final payment before an affidavit is
10filed in proper form and order or if the department determines, based on the
11greater weight of the credible evidence, that any person performing the work
12specified in sub. (2m) has been or may have been paid less than the prevailing wage
13rate or less than 1.5 times the hourly basic rate of pay for all hours worked in excess
14of the prevailing hours of labor and requests that the state agency withhold all or
15part of the final payment, but the state agency fails to do so, the state agency is
16liable for all back wages payable up to the amount of the final payment.
AB50-ASA2-AA6,211,2217(5) Records; inspection; enforcement. (a) Each contractor, subcontractor,
18or contractors or subcontractors agent that performs work on a project of public
19works that is subject to this section shall keep full and accurate records clearly
20indicating the name and trade or occupation of every individual performing the
21work described in sub. (2m) and an accurate record of the number of hours worked
22by each of those individuals and the actual wages paid for the hours worked.
AB50-ASA2-AA6,212,1023(b) The department shall enforce this section. The department may demand

1and examine, and every contractor, subcontractor, and contractors and
2subcontractors agent shall keep, and furnish upon request by the department,
3copies of payrolls and other records and information relating to the wages paid to
4individuals performing the work described in sub. (2m) for work to which this
5section applies. The department may inspect records in the manner provided in
6this chapter. Every contractor, subcontractor, or agent performing work on a project
7of public works that is subject to this section is subject to the requirements of this
8chapter relating to the examination of records. Section 111.322 (2m) applies to
9discharge and other discriminatory acts arising in connection with any proceeding
10under this section.
AB50-ASA2-AA6,213,211(c) If requested by any person, the department shall inspect the payroll
12records of any contractor, subcontractor, or agent performing work on a project of
13public works that is subject to this section as provided in this paragraph to ensure
14compliance with this section. On receipt of such a request, the department shall
15request that the contractor, subcontractor, or agent submit to the department a
16certified record of the information specified in par. (a), other than personally
17identifiable information relating to an employee of the contractor, subcontractor, or
18agent, for no longer than a 4-week period. The department may request a
19contractor, subcontractor, or agent to submit those records no more than once per
20calendar quarter for each project of public works on which the contractor,
21subcontractor, or agent is performing work. The department may not charge a
22requester a fee for obtaining that information. Certified records submitted to the

1department under this paragraph are open for public inspection and copying under
2s. 19.35 (1).
AB50-ASA2-AA6,213,93(6m) Liability and penalties. (ag) 1. A contractor, subcontractor, or
4contractors or subcontractors agent who fails to pay the prevailing wage rate
5determined by the department under sub. (3) or who pays less than 1.5 times the
6hourly basic rate of pay for all hours worked in excess of the prevailing hours of
7labor is liable to any affected employee in the amount of his or her unpaid wages or
8his or her unpaid overtime compensation and in an additional amount as liquidated
9damages as provided in subd. 2. or 3., whichever is applicable.
AB50-ASA2-AA6,213,18102. If the department determines upon inspection under sub. (5) (b) or (c) that
11a contractor, subcontractor, or contractors or subcontractors agent has failed to
12pay the prevailing wage rate determined by the department under sub. (3) or has
13paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of
14the prevailing hours of labor, the department shall order the contractor to pay to
15any affected employee the amount of his or her unpaid wages or his or her unpaid
16overtime compensation and an additional amount equal to 100 percent of the
17amount of those unpaid wages or that unpaid overtime compensation as liquidated
18damages within a period specified by the department in the order.
AB50-ASA2-AA6,214,7193. In addition to or in lieu of recovering the liability specified in subd. 1. as
20provided in subd. 2., any employee for and on behalf of that employee and other
21employees similarly situated may commence an action to recover that liability in
22any court of competent jurisdiction. If the court finds that a contractor,
23subcontractor, or contractors or subcontractors agent has failed to pay the

1prevailing wage rate determined by the department under sub. (3) or has paid less
2than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
3prevailing hours of labor, the court shall order the contractor, subcontractor, or
4agent to pay to any affected employee the amount of his or her unpaid wages or his
5or her unpaid overtime compensation and an additional amount equal to 100
6percent of the amount of those unpaid wages or that unpaid overtime compensation
7as liquidated damages.
AB50-ASA2-AA6,214,1285. No employee may be a party plaintiff to an action under subd. 3. unless the
9employee consents in writing to become a party and the consent is filed in the court
10in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in
11addition to any judgment awarded to the plaintiff, allow reasonable attorney fees
12and costs to be paid by the defendant.
AB50-ASA2-AA6,214,1613(am) Except as provided in pars. (b), (d), and (f), any contractor, subcontractor,
14or contractors or subcontractors agent who violates this section may be fined not
15more than $200 or imprisoned for not more than 6 months or both. Each day that a
16violation continues is a separate offense.
AB50-ASA2-AA6,215,217(b) Whoever induces an individual who seeks to be or is employed on any
18project of public works that is subject to this section to give up, waive, or return any
19part of the wages to which the individual is entitled under the contract governing
20the project, or who reduces the hourly basic rate of pay normally paid to an
21individual for work on a project that is not subject to this section during a week in
22which the individual works both on a project of public works that is subject to this
23section and on a project that is not subject to this section, by threat not to employ, by

1threat of dismissal from employment, or by any other means is guilty of an offense
2under s. 946.15 (1).
AB50-ASA2-AA6,215,123(c) Any individual who is employed on a project of public works that is subject
4to this section who knowingly allows a contractor, subcontractor, or contractors or
5subcontractors agent to pay him or her less than the prevailing wage rate set forth
6in the contract governing the project, who gives up, waives, or returns any part of
7the compensation to which he or she is entitled under the contract, or who gives up,
8waives, or returns any part of the compensation to which he or she is normally
9entitled for work on a project that is not subject to this section during a week in
10which the individual works both on a project of public works that is subject to this
11section and on a project that is not subject to this section, is guilty of an offense
12under s. 946.15 (2).
AB50-ASA2-AA6,215,1813(d) Whoever induces any individual who seeks to be or is employed on any
14project of public works that is subject to this section to allow any part of the wages
15to which the individual is entitled under the contract governing the project to be
16deducted from the individuals pay is guilty of an offense under s. 946.15 (3), unless
17the deduction would be allowed under 29 CFR 3.5 or 3.6 from an individual who is
18working on a project that is subject to 40 USC 3142.
AB50-ASA2-AA6,216,219(e) Any individual who is employed on a project of public works that is subject
20to this section who knowingly allows any part of the wages to which he or she is
21entitled under the contract governing the project to be deducted from his or her pay
22is guilty of an offense under s. 946.15 (4), unless the deduction would be allowed

1under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is
2subject to 40 USC 3142.
AB50-ASA2-AA6,216,53(f) Paragraph (am) does not apply to any person who fails to provide any
4information to the department to assist the department in determining prevailing
5wage rates under sub. (3) (a) or (am).
AB50-ASA2-AA6,216,176(7) Debarment. (a) Except as provided under pars. (b) and (c), the
7department shall distribute to all state agencies a list of all persons that the
8department has found to have failed to pay the prevailing wage rate determined
9under sub. (3) or has found to have paid less than 1.5 times the hourly basic rate of
10pay for all hours worked in excess of the prevailing hours of labor at any time in the
11preceding 3 years. The department shall include with any name the address of the
12person and shall specify when the person failed to pay the prevailing wage rate and
13when the person paid less than 1.5 times the hourly basic rate of pay for all hours
14worked in excess of the prevailing hours of labor. A state agency may not award any
15contract to the person unless otherwise recommended by the department or unless
163 years have elapsed from the date the department issued its findings or date of
17final determination by a court of competent jurisdiction, whichever is later.
AB50-ASA2-AA6,216,2318(b) The department may not include in a notification under par. (a) the name
19of any person on the basis of having subcontracted a contract for a project of public
20works to a person that the department has found to have failed to pay the prevailing
21wage rate determined under sub. (3) or has found to have paid less than 1.5 times
22the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
23labor.
AB50-ASA2-AA6,217,4
1(c) This subsection does not apply to any contractor, subcontractor, or agent
2who in good faith commits a minor violation of this section, as determined on a case-
3by-case basis through administrative hearings with all rights to due process
4afforded to all parties or who has not exhausted or waived all appeals.
AB50-ASA2-AA6,217,135(d) Any person submitting a bid on a project of public works that is subject to
6this section shall, on the date the person submits the bid, identify any construction
7business in which the person, or a shareholder, officer, or partner of the person if
8the person is a business, owns or has owned at least a 25 percent interest on the
9date the person submits the bid or at any other time within 3 years preceding the
10date the person submits the bid, if the business has been found to have failed to pay
11the prevailing wage rate determined under sub. (3) or to have paid less than 1.5
12times the hourly basic rate of pay for all hours worked in excess of the prevailing
13hours of labor.
AB50-ASA2-AA6,217,1414(e) The department shall promulgate rules to administer this subsection.
AB50-ASA2-AA6,40215Section 402. 103.50 of the statutes is created to read:
AB50-ASA2-AA6,217,1616103.50 Highway contracts. (1) Definitions. In this section:
AB50-ASA2-AA6,217,2317(a) Area means the county in which a proposed project that is subject to this
18section is located or, if the department determines that there is insufficient wage
19data in that county, area means those counties that are contiguous to that county
20or, if the department determines that there is insufficient wage data in those
21counties, area means those counties that are contiguous to those counties or, if
22the department determines that there is insufficient wage data in those counties,
23area means the entire state.
Loading...
Loading...