SB45-SSA2-SA5,117,53(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). SB45-SSA2-SA5,117,176(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. SB45-SSA2-SA5,117,2318(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. SB45-SSA2-SA5,118,4
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. SB45-SSA2-SA5,118,135(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. SB45-SSA2-SA5,118,1414(e) The department shall promulgate rules to administer this subsection. SB45-SSA2-SA5,118,1616103.50 Highway contracts. (1) Definitions. In this section: SB45-SSA2-SA5,118,2317(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, 23“area” means the entire state. SB45-SSA2-SA5,119,1
1(b) “Hourly basic rate of pay” has the meaning given in s. 103.49 (1) (b). SB45-SSA2-SA5,119,22(bg) “Insufficient wage data” has the meaning given in s. 103.49 (1) (bg). SB45-SSA2-SA5,119,33(c) “Prevailing hours of labor” has the meaning given in s. 103.49 (1) (c). SB45-SSA2-SA5,119,84(d) 1. Except as provided in subd. 2., “prevailing wage rate” for any trade or 5occupation in any area means the hourly basic rate of pay, plus the hourly 6contribution for health insurance benefits, vacation benefits, pension benefits, and 7any other bona fide economic benefit, paid directly or indirectly, for a majority of the 8hours worked in the trade or occupation in the area. SB45-SSA2-SA5,119,1692. If there is no rate at which a majority of the hours worked in the trade or 10occupation in the area is paid, “prevailing wage rate” means the average hourly 11basic rate of pay, weighted by the number of hours worked, plus the average hourly 12contribution, weighted by the number of hours worked, for health insurance 13benefits, vacation benefits, pension benefits, and any other bona fide economic 14benefit, paid directly or indirectly for all hours worked at the hourly basic rate of 15pay of the highest-paid 51 percent of hours worked in that trade or occupation in 16that area. SB45-SSA2-SA5,119,1717(e) “Truck driver” has the meaning given in s. 103.49 (1) (g). SB45-SSA2-SA5,119,2118(2) Prevailing wage rates and hours of labor. No contractor, 19subcontractor, agent, or other person performing any work on a project under a 20contract based on bids as provided in s. 84.06 (2) to which the state is a party for the 21construction or improvement of any highway may do any of the following: SB45-SSA2-SA5,120,222(a) Pay an individual performing the work described in sub. (2m) less than the
1prevailing wage rate in the area in which the work is to be done determined under 2sub. (3). SB45-SSA2-SA5,120,73(b) Allow an individual performing the work described in sub. (2m) to work a 4greater number of hours per day or per week than the prevailing hours of labor, 5unless the contractor, subcontractor, or contractor’s or subcontractor’s agent pays 6the individual for all hours worked in excess of the prevailing hours of labor at a 7rate of at least 1.5 times the individual’s hourly basic rate of pay. SB45-SSA2-SA5,120,128(2g) Nonapplicability. This section does not apply to a single-trade project 9of public works, as defined in s. 103.49 (1) (em), for which the estimated project cost 10of completion is less than $48,000 or a multiple-trade project of public works, as 11defined in s. 103.49 (1) (br), for which the estimated project cost of completion is less 12than $100,000. SB45-SSA2-SA5,120,1813(2m) Covered employees. (a) Subject to par. (b), any person subject to this 14section shall pay all of the following employees the prevailing wage rate determined 15under sub. (3) and may not allow such employees to work a greater number of hours 16per day or per week than the prevailing hours of labor, unless the person pays for all 17hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times 18the employees’ hourly basic rate of pay: SB45-SSA2-SA5,120,20191. All laborers, workers, mechanics, and truck drivers employed on the site of 20a project that is subject to this section. SB45-SSA2-SA5,121,2212. All laborers, workers, mechanics, and truck drivers employed in the 22manufacturing or furnishing of materials, articles, supplies, or equipment on the 23site of a project that is subject to this section or from a facility dedicated exclusively,
1or nearly so, to a project that is subject to this section by a contractor, subcontractor, 2agent, or other person performing any work on the site of the project. SB45-SSA2-SA5,121,103(b) A laborer, worker, mechanic, or truck driver who is employed to process, 4manufacture, pick up, or deliver materials or products from a commercial 5establishment that has a fixed place of business from which the establishment 6supplies processed or manufactured materials or products or from a facility that is 7not dedicated exclusively, or nearly so, to a project that is subject to this section is 8not entitled to receive the prevailing wage rate determined under sub. (3) or to 9receive at least 1.5 times his or her hourly basic rate of pay for all hours worked in 10excess of the prevailing hours of labor unless any of the following applies: SB45-SSA2-SA5,121,15111. The laborer, worker, mechanic, or truck driver is employed to go to the 12source of mineral aggregate such as sand, gravel, or stone and deliver that mineral 13aggregate to the site of a project that is subject to this section by depositing the 14material directly in final place, from the transporting vehicle or through spreaders 15from the transporting vehicle. SB45-SSA2-SA5,121,19162. The laborer, worker, mechanic, or truck driver is employed to go to the site 17of a project that is subject to this section, pick up excavated material or spoil from 18the site of the project, and transport that excavated material or spoil away from the 19site of the project and return to the site of the project. SB45-SSA2-SA5,121,2220(c) A contractor, subcontractor, agent, or other person performing work on a 21project subject to this section shall pay a truck driver who is an owner-operator of a 22truck separately for his or her work and for the use of his or her truck. SB45-SSA2-SA5,122,523(3) Investigations; determinations. The department shall conduct
1investigations and hold public hearings necessary to define the trades or 2occupations that are commonly employed in the highway construction industry and 3to inform the department of the prevailing wage rates in all areas of the state for 4those trades or occupations, in order to ascertain and determine the prevailing 5wage rates accordingly. SB45-SSA2-SA5,122,176(4) Certification of prevailing wage rates. The department of workforce 7development shall, by May 1 of each year, certify to the department of 8transportation the prevailing wage rates in each area for all trades or occupations 9commonly employed in the highway construction industry. The certification shall, 10in addition to the current prevailing wage rates, include future prevailing wage 11rates when such prevailing wage rates can be determined for any such trade or 12occupation in any area and shall specify the effective date of those future prevailing 13wage rates. The certification shall also include wage rates for work performed on 14Sundays or the holidays specified in s. 103.49 (1) (c) and shift differentials based on 15the time of day or night when work is performed. If a construction project extends 16into more than one area, the department shall determine only one standard of 17prevailing wage rates for the entire project. SB45-SSA2-SA5,122,2318(4m) Wage rate data. In determining prevailing wage rates for projects that 19are subject to this section, the department shall use data from projects that are 20subject to this section, s. 66.0903 or 103.49, or 40 USC 3142. In determining 21prevailing wage rates for those projects, the department may not use data from any 22construction work that is performed by a state agency or a local governmental unit, 23as defined in s. 66.0903 (1) (d). SB45-SSA2-SA5,123,4
1(5) Appeals to governor. If the department of transportation considers any 2determination of the department of workforce development of the prevailing wage 3rates in an area to be incorrect, it may appeal to the governor, whose determination 4is final. SB45-SSA2-SA5,123,205(6) Contents of contracts. The department of transportation shall include 6a reference to the prevailing wage rates determined under sub. (3) and the 7prevailing hours of labor in the notice published for the purpose of securing bids for 8a project. Except as otherwise provided in this subsection, if any contract or 9subcontract for a project that is subject to this section is entered into, the prevailing 10wage rates determined under sub. (3) and the prevailing hours of labor shall be 11physically incorporated into and made a part of the contract or subcontract. For a 12minor subcontract, as determined by the department of workforce development, 13that department shall prescribe by rule the method of notifying the minor 14subcontractor of the prevailing wage rates and prevailing hours of labor applicable 15to the minor subcontract. The prevailing wage rates and prevailing hours of labor 16applicable to a contract or subcontract may not be changed during the time that the 17contract or subcontract is in force. The department of transportation shall post the 18prevailing wage rates determined by the department, the prevailing hours of labor, 19and the provisions of subs. (2) and (7) in at least one conspicuous place that is easily 20accessible to the employees on the site of the project. SB45-SSA2-SA5,124,221(7) Penalties. (a) Except as provided in pars. (b), (d), and (f), any contractor, 22subcontractor, or contractor’s or subcontractor’s agent who violates this section
1may be fined not more than $200 or imprisoned for not more than 6 months or both. 2Each day that a violation continues is a separate offense. SB45-SSA2-SA5,124,103(b) Whoever induces any individual who seeks to be or is employed on any 4project that is subject to this section to give up, waive, or return any part of the 5wages to which the individual is entitled under the contract governing the project, 6or who reduces the hourly basic rate of pay normally paid to an individual for work 7on a project that is not subject to this section during a week in which the individual 8works both on a project that is subject to this section and on a project that is not 9subject to this section, by threat not to employ, by threat of dismissal from 10employment, or by any other means is guilty of an offense under s. 946.15 (1). SB45-SSA2-SA5,124,1911(c) Any individual employed on a project that is subject to this section who 12knowingly allows a contractor, subcontractor, or contractor’s or subcontractor’s 13agent to pay him or her less than the prevailing wage rate set forth in the contract 14governing the project, who gives up, waives, or returns any part of the compensation 15to which he or she is entitled under the contract, or who gives up, waives, or returns 16any part of the compensation to which he or she is normally entitled for work on a 17project that is not subject to this section during a week in which the individual 18works both on a project that is subject to this section and on a project that is not 19subject to this section, is guilty of an offense under s. 946.15 (2). SB45-SSA2-SA5,125,220(d) Whoever induces any individual who seeks to be or is employed on any 21project that is subject to this section to allow any part of the wages to which the 22individual is entitled under the contract governing the project to be deducted from 23the individual’s pay is guilty of an offense under s. 946.15 (3), unless the deduction
1would be allowed under 29 CFR 3.5 or 3.6 from an individual who is working on a 2project that is subject to 40 USC 3142. SB45-SSA2-SA5,125,73(e) Any individual employed on a project that is subject to this section who 4knowingly allows any part of the wages to which he or she is entitled under the 5contract governing the project to be deducted from his or her pay is guilty of an 6offense under s. 946.15 (4), unless the deduction would be allowed under 29 CFR 3.5 7or 3.6 from an individual who is working on a project that is subject to 40 USC 3142. SB45-SSA2-SA5,125,108(f) Paragraph (a) does not apply to any individual who fails to provide any 9information to the department to assist the department in determining prevailing 10wage rates under sub. (3) or (4). SB45-SSA2-SA5,125,2011(8) Enforcement and prosecution. The department of transportation shall 12require adherence to subs. (2), (2m), and (6). The department of transportation may 13demand and examine, and every contractor, subcontractor, and contractor’s or 14subcontractor’s agent shall keep and furnish upon request by the department of 15transportation, copies of payrolls and other records and information relating to 16compliance with this section. Upon request of the department of transportation or 17upon complaint of alleged violation, the district attorney of the county in which the 18work is located shall investigate as necessary and prosecute violations in a court of 19competent jurisdiction. Section 111.322 (2m) applies to discharge and other 20discriminatory acts arising in connection with any proceeding under this section. SB45-SSA2-SA5,126,422103.503 (1) (a) “Accident” means an incident caused, contributed to, or 23otherwise involving an employee that resulted or could have resulted in death,
1personal injury, or property damage and that occurred while the employee was 2performing 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 while the employee was performing 4work on a public utility project. SB45-SSA2-SA5,126,86103.503 (1) (e) “Employee” means a laborer, worker, mechanic, or truck driver 7who performs the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49 8(2m), 2015 stats., on a project of public works or on a public utility project. SB45-SSA2-SA5,1939Section 193. 103.503 (1) (g) of the statutes is repealed and recreated to read: SB45-SSA2-SA5,126,1110103.503 (1) (g) “Project of public works” means a project of public works that 11is subject to s. 66.0903 or 103.49. SB45-SSA2-SA5,126,2013103.503 (2) Substance abuse prohibited. No employee may use, possess, 14attempt to possess, distribute, deliver, or be under the influence of a drug, or use or 15be under the influence of alcohol, while performing the work described in s. 66.0903 16(4), 2013 stats., or s. 16.856 103.49 (2m), 2015 stats., on a project of public works or 17while performing work on a public utility project. An employee is considered to be 18under the influence of alcohol for purposes of this subsection if he or she has an 19alcohol concentration that is equal to or greater than the amount specified in s. 20885.235 (1g) (d). SB45-SSA2-SA5,19521Section 195. 103.503 (3) (a) 2. of the statutes is amended to read: SB45-SSA2-SA5,127,622103.503 (3) (a) 2. A requirement that employees performing the work 23described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49 (2m), 2015 stats., on a
1project of public works or performing work on a public utility project submit to 2random, reasonable suspicion, and post-accident drug and alcohol testing and to 3drug and alcohol testing before commencing work on the project, except that testing 4of an employee before commencing work on a project is not required if the employee 5has been participating in a random testing program during the 90 days preceding 6the date on which the employee commenced work on the project. SB45-SSA2-SA5,127,118104.001 (4) This section does not affect the requirement that employees 9employed on a public works project contracted for by a city, village, town, or county 10be paid at the prevailing wage rate, as defined in s. 66.0903 (1) (g), as required 11under s. 66.0903. SB45-SSA2-SA5,127,1613106.04 Employment of apprentices on state public works projects. (1) 14Definition. In this section, “project” means a project of public works that is 15subject to s. 103.49 or 103.50 in which work is performed by employees employed in 16trades that are apprenticeable under this subchapter. SB45-SSA2-SA5,127,2117(2) Waiver. If the department grants an exception or modification to any 18requirement in any contract for the performance of work on a project relating to the 19employment and training of apprentices, the department shall post that 20information on its Internet site, together with a detailed explanation for granting 21the exception or modification. SB45-SSA2-SA5,128,2123109.09 (1) The department shall investigate and attempt equitably to adjust
1controversies between employers and employees as to regarding alleged wage 2claims. The department may receive and investigate any wage claim that is filed 3with the department, or received by the department under s. 109.10 (4), no later 4than 2 years after the date the wages are due. The department may, after receiving 5a wage claim, investigate any wages due from the employer against whom the claim 6is filed to any employee during the period commencing 2 years before the date the 7claim is filed. The department shall enforce this chapter and s. ss. 66.0903, 2013 8stats., s. 103.49, 2013 stats., s. 229.8275, 2013 stats., and s. 16.856, 2015 stats., and 9ss. 103.02, 103.49, 103.82, and 104.12, and 229.8275. In pursuance of this duty, the 10department may sue the employer on behalf of the employee to collect any wage 11claim or wage deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such 12actions. Except for actions under s. 109.10, the department may refer such an 13action to the district attorney of the county in which the violation occurs for 14prosecution and collection and the district attorney shall commence an action in the 15circuit court having appropriate jurisdiction. Any number of wage claims or wage 16deficiencies against the same employer may be joined in a single proceeding, but the 17court may order separate trials or hearings. In actions that are referred to a district 18attorney under this subsection, any taxable costs recovered by the district attorney 19shall be paid into the general fund of the county in which the violation occurs and 20used by that county to meet its financial responsibility under s. 978.13 (2) (b) for the 21operation of the office of the district attorney who prosecuted the action. SB45-SSA2-SA5,129,223111.322 (2m) (c) The individual files a complaint or attempts to enforce a
1right under s. 66.0903, 103.49, or 229.8275 or testifies or assists in any action or 2proceeding under s. 66.0903, 103.49, or 229.8275. SB45-SSA2-SA5,129,74227.01 (13) (t) Ascertains and determines prevailing wage rates under ss. 566.0903, 103.49, 103.50, and 229.8275, except that any action or inaction which 6ascertains and determines prevailing wage rates under ss. 66.0903, 103.49, 103.50, 7and 229.8275 is subject to judicial review under s. 227.40. SB45-SSA2-SA5,129,109229.682 (2) Prevailing wage. The construction of a baseball park facility 10that is financed in whole or in part by a district is subject to s. 66.0903. SB45-SSA2-SA5,129,1712229.8275 Prevailing wage. A district may not enter into a contract under s. 13229.827 with a professional football team, as described in s. 229.823, or a related 14party that requires the team or related party to acquire and construct or renovate 15football stadium facilities that are part of any facilities that are leased by the 16district to the team or to a related party unless the professional football team or 17related party agrees to all of the following: SB45-SSA2-SA5,129,2318(1) Not to allow any employee working on the football stadium facilities who 19would be entitled to receive the prevailing wage rate under s. 66.0903 and who 20would not be required or allowed to work more than the prevailing hours of labor, if 21the football stadium facilities were a project of public works subject to s. 66.0903, to 22be paid less than the prevailing wage rate or to be required or allowed to work more 23than the prevailing hours of labor, except as allowed under s. 66.0903 (4) (a). SB45-SSA2-SA5,130,6
1(2) To require any contractor, subcontractor, or agent of a contractor or 2subcontractor performing work on the football stadium facilities to keep and allow 3inspection of records in the same manner as a contractor, subcontractor, or agent of 4a contractor or subcontractor performing work on a project of public works that is 5subject to s. 66.0903 is required to keep and allow inspection of records under s. 666.0903 (10). SB45-SSA2-SA5,130,147(3) To comply with s. 66.0903 in the same manner as a local governmental 8unit contracting for the erection, construction, remodeling, repairing, or demolition 9of a project of public works is required to comply with s. 66.0903 and to require any 10contractor, subcontractor, or agent of a contractor or subcontractor performing work 11on the football stadium facilities to comply with s. 66.0903 in the same manner as a 12contractor, subcontractor, or agent of a contractor or subcontractor performing work 13on a project of public works that is subject to s. 66.0903 is required to comply with s. 1466.0903. SB45-SSA2-SA5,130,1816111.01 Declaration of policy. The public policy of the state as to 17employment relations and collective bargaining, in the furtherance of which this 18subchapter is enacted, is declared to be as follows: SB45-SSA2-SA5,130,2219(1) It recognizes that there are 3 major interests involved, namely: the public, 20the employee, and the employer. These 3 interests are to a considerable extent 21interrelated. It is the policy of the state to protect and promote each of these 22interests with due regard to the situation and to the rights of the others. SB45-SSA2-SA5,131,1423(2) Industrial peace, regular and adequate income for the employee, and
1uninterrupted production of goods and services are promotive of all of these 2interests. They are largely dependent upon the maintenance of fair, friendly, and 3mutually satisfactory employment relations and the availability of suitable 4machinery for the peaceful adjustment of whatever controversies may arise. It is 5recognized that certain employers, including farmers, farmer cooperatives, and 6unincorporated farmer cooperative associations, in addition to their general 7employer problems, face special problems arising from perishable commodities and 8seasonal production that require adequate consideration. It is also recognized that 9whatever may be the rights of disputants with respect to each other in any 10controversy regarding employment relations, they should not be permitted, in the 11conduct of their controversy, to intrude directly into the primary rights of 3rd 12parties to earn a livelihood, transact business, and engage in the ordinary affairs of 13life by any lawful means and free from molestation, interference, restraint, or 14coercion. SB45-SSA2-SA5,131,1915(3) Negotiations of terms and conditions of work should result from voluntary 16agreement between employer and employee. For the purpose of such negotiation an 17employee has the right, if the employee desires, to associate with others in 18organizing and bargaining collectively through representatives of the employee’s 19own choosing, without intimidation or coercion from any source. SB45-SSA2-SA5,132,320(4) It is the policy of the state, in order to preserve and promote the interests 21of the public, the employee, and the employer alike, to establish standards of fair 22conduct in employment relations and to provide a convenient, expeditious, and 23impartial tribunal by which these interests may have their respective rights and
1obligations adjudicated. While limiting individual and group rights of aggression 2and defense, the state substitutes processes of justice for the more primitive 3methods of trial by combat. SB45-SSA2-SA5,2044Section 204. 111.04 (1) and (2) of the statutes are consolidated, renumbered 5111.04 and amended to read: SB45-SSA2-SA5,132,136111.04 Rights of employees. Employees shall have the right of self-7organization and the right to form, join, or assist labor organizations, to bargain 8collectively through representatives of their own choosing, and to engage in lawful, 9concerted activities for the purpose of collective bargaining or other mutual aid or 10protection. (2) Employees shall also have the right to refrain from self-11organization; forming, joining, or assisting labor organizations; bargaining 12collectively through representatives; or engaging in activities for the purpose of 13collective bargaining or other mutual aid or protection such activities. SB45-SSA2-SA5,133,2016111.06 (1) (c) To encourage or discourage membership in any labor 17organization, employee agency, committee, association, or representation plan by 18discrimination in regard to hiring, tenure, or other terms or conditions of 19employment except in a collective bargaining unit where an all-union agreement is 20in effect. An employer may enter into an all-union agreement with the voluntarily 21recognized representative of the employees in a collective bargaining unit, where at 22least a majority of such employees voting have voted affirmatively, by secret ballot, 23in favor of the all-union agreement in a referendum conducted by the commission,
1except that where the bargaining representative has been certified by either the 2commission or the national labor relations board as the result of a representation 3election, no referendum is required to authorize the entry into an all-union 4agreement. An authorization of an all-union agreement continues, subject to the 5right of either party to the all-union agreement to petition the commission to 6conduct a new referendum on the subject. Upon receipt of the petition, if the 7commission determines there is reasonable ground to believe that the employees 8concerned have changed their attitude toward the all-union agreement, the 9commission shall conduct a referendum. If the continuance of the all-union 10agreement is supported on a referendum by a vote at least equal to that provided in 11this paragraph for its initial authorization, it may continue, subject to the right to 12petition for a further vote by the procedure under this paragraph. If the 13continuance of the all-union agreement is not supported on a referendum, it 14terminates at the expiration of the contract of which it is then a part or at the end of 15one year from the date of the announcement by the commission of the result of the 16referendum, whichever is earlier. The commission shall declare any all-union 17agreement terminated whenever it finds that the labor organization involved has 18unreasonably refused to receive as a member any employee of such employer. An 19interested person may, as provided in s. 111.07, request the commission to perform 20this duty. SB45-SSA2-SA5,134,222111.06 (1) (e) To bargain collectively with the representatives of less than a
1majority of the employer’s employees in a collective bargaining unit, or to enter into 2an all-union agreement except in the manner provided in par. (c). SB45-SSA2-SA5,134,104111.06 (1) (i) To deduct labor organization dues or assessments from an 5employee’s earnings, unless the employer has been presented with an individual 6order therefor, signed by the employee personally, and terminable at the end of any 7year of its life by the employee giving to the employer at least 30 days’ written notice 8of the termination. This paragraph applies to the extent permitted under federal 9law unless there is an all-union agreement in effect. The employer shall give notice 10to the labor organization of receipt of a notice of termination. SB45-SSA2-SA5,135,212946.15 Public construction contracts at less than full rate. (1) Any 13employer, or any agent or employee of an employer, who induces any individual who 14seeks to be or is employed pursuant to a public contract, as defined in s. 66.0901 (1) 15(c), or who seeks to be or is employed on a project on which a prevailing wage rate 16determination has been issued by the department of workforce development under 17s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) to give up, waive, or return any 18part of the compensation to which that individual is entitled under his or her 19contract of employment or under the prevailing wage rate determination issued by 20the department, or who reduces the hourly basic rate of pay normally paid to an 21employee for work on a project on which a prevailing wage rate determination has 22not been issued under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) during a 23week in which the employee works both on a project on which a prevailing wage rate
1determination has been issued and on a project on which a prevailing wage rate 2determination has not been issued, is guilty of a Class I felony. SB45-SSA2-SA5,135,153(2) Any individual employed pursuant to a public contract, as defined in s. 466.0901 (1) (c), or employed on a project on which a prevailing wage rate 5determination has been issued by the department of workforce development under 6s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) who gives up, waives, or returns 7to the employer or agent of the employer any part of the compensation to which the 8employee is entitled under his or her contract of employment or under the 9prevailing wage determination issued by the department, or who gives up any part 10of the compensation to which he or she is normally entitled for work on a project on 11which a prevailing wage rate determination has not been issued under s. 66.0903 12(3), 103.49 (3), 103.50 (3), or 229.8275 (3) during a week in which the individual 13works part-time on a project on which a prevailing wage rate determination has 14been issued and part-time on a project on which a prevailing wage rate 15determination has not been issued, is guilty of a Class C misdemeanor. SB45-SSA2-SA5,136,216(3) Any employer or labor organization, or any agent or employee of an 17employer or labor organization, who induces any individual who seeks to be or is 18employed on a project on which a prevailing wage rate determination has been 19issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 20103.50 (3), or 229.8275 (3) to allow any part of the wages to which that individual is 21entitled under the prevailing wage rate determination issued by the department or 22local governmental unit to be deducted from the individual’s pay is guilty of a Class
1I felony, unless the deduction would be allowed under 29 CFR 3.5 or 3.6 from an 2individual who is working on a project that is subject to 40 USC 3142. SB45-SSA2-SA5,136,103(4) Any individual employed on a project on which a prevailing wage rate 4determination has been issued by the department of workforce development under 5s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) who allows any part of the 6wages to which that individual is entitled under the prevailing wage rate 7determination issued by the department or local governmental unit to be deducted 8from his or her pay is guilty of a Class C misdemeanor, unless the deduction would 9be allowed under 29 CFR 3.5 or 3.6 from an individual who is working on a project 10that is subject to 40 USC 3142. SB45-SSA2-SA5,137,213978.05 (6) (a) Institute, commence, or appear in all civil actions or special 14proceedings under and perform the duties set forth for the district attorney under 15ch. 980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 89.08, 103.50 (8), 16103.92 (4), 109.09, 343.305 (9) (a), 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) 17(a), 946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in 18connection with court proceedings in a court assigned to exercise jurisdiction under 19chs. 48 and 938 as the judge may request and perform all appropriate duties and 20appear if the district attorney is designated in specific statutes, including matters 21within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph 22limits the authority of the county board to designate, under s. 48.09 (5), that the 23corporation counsel provide representation as specified in s. 48.09 (5) or to
1designate, under s. 48.09 (6) or 938.09 (6), the district attorney as an appropriate 2person to represent the interests of the public under s. 48.14 or 938.14.
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