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AB50,161523Section 1615. 102.82 (2) (am) of the statutes is amended to read:
AB50,849,4
1102.82 (2) (am) The department may waive any payment owed under par. (a),
2(ab), or (ad) by an uninsured employer if the department determines that the
3uninsured employer is subject to this chapter only because the uninsured employer
4has elected to become subject to this chapter under s. 102.05 (2) or 102.28 (2).
AB50,16165Section 1616. 102.82 (2) (ar) of the statutes is amended to read:
AB50,849,116102.82 (2) (ar) The department may waive any payment owed under par. (a),
7(ab), (ad), or (ag) or sub. (1) if the department determines that the sole reason for
8the uninsured employers failure to comply with s. 102.28 (2) is that the uninsured
9employer was a victim of fraud, misrepresentation or gross negligence by an
10insurance agent or insurance broker or by a person whom a reasonable person
11would believe is an insurance agent or insurance broker.
AB50,161712Section 1617. 102.85 (1) of the statutes is repealed and recreated to read:
AB50,849,1613102.85 (1) (a) If an employer has failed to comply with s. 102.16 (3) or 102.28
14(2), the employer shall, for a first violation, forfeit the greater of $1,000 or the
15amount of the premium that would have been payable for each time the employer
16failed to comply with s. 102.16 (3) or 102.28 (2).
AB50,849,2017(b) If an employer has failed to comply with s. 102.16 (3) or 102.28 (2), the
18employer shall, for a 2nd violation, forfeit the greater of $2,000 or 2 times the
19amount of the premium that would have been payable for each time the employer
20failed to comply with s. 102.16 (3) or 102.28 (2).
AB50,850,221(c) If an employer has failed to comply with s. 102.16 (3) or 102.28 (2), the
22employer shall, for a 3rd violation, forfeit the greater of $3,000 or 3 times the

1amount of the premium that would have been payable for each time the employer
2failed to comply with s. 102.16 (3) or 102.28 (2).
AB50,850,63(d) If an employer has failed to comply with s. 102.16 (3) or 102.28 (2), the
4employer shall, for a 4th or subsequent violation, forfeit the greater of $4,000 or 4
5times the amount of the premium that would have been payable for each time the
6employer failed to comply with s. 102.16 (3) or 102.28 (2).
AB50,16187Section 1618. 102.85 (2) of the statutes is repealed and recreated to read:
AB50,850,128102.85 (2) (a) No employer who is required to provide workers compensation
9insurance coverage under this chapter may give false information about the
10coverage to his or her employees, the department, or any other person who contracts
11with the employer and who requests evidence of workers compensation in relation
12to that contract.
AB50,850,1513(b) No employer who is required to provide workers compensation insurance
14coverage under this chapter may fail to notify a person who contracts with the
15employer that the coverage has been canceled in relation to that contract.
AB50,850,1716(c) 1. An employer who violates par. (a) or (b) shall, except as provided in
17subds. 2. and 3., forfeit not less than $100 and not more than $1,000.
AB50,850,19182. An employer who violates par. (a) or (b) shall forfeit $3,000 for a 3rd
19violation of par. (a) or (b).
AB50,850,21203. An employer who violates par. (a) or (b) shall forfeit $4,000 for a 4th
21violation of par. (a) or (b).
AB50,161922Section 1619. 103.005 (12) (a) of the statutes is amended to read:
AB50,851,1023103.005 (12) (a) If any employer, employee, owner, or other person violates

1chs. 103 to 106, or fails or refuses to perform any duty required under chs. 103 to
2106, within the time prescribed by the department, for which no penalty has been
3specifically provided, or fails, neglects or refuses to obey any lawful order given or
4made by the department or any judgment or decree made by any court in connection
5with chs. 103 to 106, for each such violation, failure or refusal, the employer,
6employee, owner or other person shall forfeit not less than $10 nor more than $100
7for each offense. This paragraph does not apply to any person that fails to provide
8any information to the department to assist the department in determining
9prevailing wage rates or prevailing hours of labor under s. 103.49 (3) (a) or (am) or
10103.50 (3) or (4).
AB50,162011Section 1620. 103.007 of the statutes is repealed.
AB50,162112Section 1621. 103.035 of the statutes is created to read:
AB50,851,1413103.035 Work schedule flexibility and predictability. (1) Definitions.
14In this section:
AB50,851,1715(a) Bona fide business reason means a reason that justifies an employers
16action and that is based on the employers determination that taking a different
17action would have any of the following results:
AB50,851,20181. Additional costs to the employer, including costs of lost employee
19productivity, retaining or hiring employees, or transferring employees between
20work locations.
AB50,851,22212. A significant detrimental effect on the employers ability to meet
22organizational needs or customer demand.
AB50,852,2
13. A significant inability of the employer, despite the employers best efforts, to
2reorganize work among other employees.
AB50,852,334. A significant detrimental effect on the employers business performance.
AB50,852,445. Insufficient work during the period an employee proposes to work.
AB50,852,756. Unfairness to other employees who request changes to work schedules if
6granting all requests would have a significant detrimental effect on the employers
7ability to meet organizational needs.
AB50,852,88(b) Child means an individual who is all of the following:
AB50,852,1091. A biological, adopted, or foster child; a stepchild; a legal ward; or a child of
10a person standing in the place of a parent with respect to that child.
AB50,852,11112. An individual to whom any of the following applies:
AB50,852,1212a. The individual is less than 18 years of age.
AB50,852,1413b. The individual is 18 years of age or older and is incapable of self-care
14because of a mental or physical disability.
AB50,852,1515(c) Domestic partner has the meaning given in s. 40.02 (21c) or 770.01 (1).
AB50,852,1616(d) Employee means an employee who is employed by an employer.
AB50,852,2117(e) Employer means an employer that employs at least 15 employees.
18Employer includes the state, its political subdivisions, and any office,
19department, independent agency, authority, institution, association, society, or
20other body in state or local government created or authorized to be created by the
21constitution or any law, including the legislature and the courts.
AB50,852,2222(f) Family member means any of the following:
AB50,852,23231. A spouse or domestic partner of an employee.
AB50,853,2
12. A parent, child, sibling, brother-in-law, sister-in-law, grandparent, or
2grandchild of an employee or of an employees spouse or domestic partner.
AB50,853,633. Any other individual who is related by blood, marriage, or adoption to an
4employee or to an employees spouse or domestic partner and whose close
5association with the employee, spouse, or domestic partner makes the individual
6the equivalent of an individual listed under subd. 2.
AB50,853,77(g) Grandchild means the child of a child.
AB50,853,88(h) Grandparent means the parent of a parent.
AB50,853,119(i) Nonexempt employee means an employee who is not employed in a bona
10fide executive, administrative, or professional capacity, as described in 29 USC 213
11(a) (1).
AB50,853,1412(j) Parent means a biological parent, foster parent, adoptive parent,
13stepparent, or legal guardian of an employee or of an employees spouse or domestic
14partner.
AB50,853,1615(k) Part-time employee means an employee who works on average fewer
16than 30 hours per week for a particular employer.
AB50,853,2017(L) Service employee means a nonexempt employee who is employed in any
18of the occupations classified under the following codes set forth in the Standard
19Occupational Classification System, 2018 edition, published by the bureau of labor
20statistics of the U.S. department of labor:
AB50,853,22211. Major group code 35-0000 — food preparation and serving related
22occupations.
AB50,853,23232. Broad occupation code 37-2010 — building cleaning workers.
AB50,854,2
13. Detailed occupation code 41-1011 — first-line supervisors of retail sales
2workers.
AB50,854,334. Minor group code 41-2000 — retail sales workers.
AB50,854,54(m) Sibling means a brother, sister, half brother, half sister, stepbrother,
5stepsister, foster brother, or foster sister, whether by blood, marriage, or adoption.
AB50,854,86(n) Split shift means a work shift that consists of work time that is not
7continuous. For purposes of determining whether a work shift is continuous, any of
8the following breaks in work time are not considered:
AB50,854,991. One or more breaks for meals that total one hour or less.
AB50,854,10102. A break that is requested by the employee.
AB50,854,1311(o) Work schedule means the days and times during each successive work
12period when an employee is required by an employer to perform duties of
13employment.
AB50,854,1514(p) Work shift means the specific times during a day that an employer
15requires an employee to work.
AB50,854,1716(q) Written includes a communication that is transmitted or received by
17electronic means.
AB50,854,2118(2) Employee right to request and receive work schedule changes. (a)
19Employee right to request work schedule changes. 1. An employee may request a
20change in the terms and conditions of employment related to any of the following,
21and may make such a request by email or text message:
AB50,854,2222a. The number of hours the employee is required to work or be on call for work.
AB50,855,2
1b. The days or times when the employee is required to work or be on call for
2work.
AB50,855,33c. The location where the employee is required to work.
AB50,855,54d. The amount of notification the employee receives regarding changes to the
5employees work schedule.
AB50,855,76e. Minimizing fluctuations in the number of hours the employee is scheduled
7to work on a daily, weekly, or monthly basis.
AB50,855,982. An employee who makes a request under subd. 1. shall specify in the
9request whether it is related to any of the following:
AB50,855,1110a. A serious health condition, as defined under s. 103.10 (1) (g), of the
11employee.
AB50,855,1512b. The employees responsibilities as a significant provider of ongoing care,
13including responsibility for securing ongoing care, of the employees child, family
14member with a serious health condition, as defined under s. 103.10 (1) (g), or parent
15who is 65 years of age or older.
AB50,855,1716c. The employees responsibilities as a significant provider of education,
17including responsibility for securing education, of the employees child.
AB50,855,1918d. The employees enrollment in an educational or training program or
19program of study that leads to a recognized postsecondary credential.
AB50,855,2120e. If the employee is a part-time employee, conflicts with the employees other
21employment.
AB50,856,622(b) Evaluating requests for work schedule changes. If an employer receives a
23request from an employee under par. (a), the employer shall either grant the request

1without modification or negotiate in good faith with the employee to find a
2compromise that meets the employees and the employers work scheduling needs,
3including by considering any alternative proposals offered by the employee. If the
4employer denies the request and any alternative proposals offered, the employer
5shall inform the employee of the reasons for denial, including whether any of the
6reasons is a bona fide business reason.
AB50,856,117(c) Requests related to serious health conditions, caregiving, education, or other
8part-time employment. Notwithstanding par. (b), if an employer receives a request
9from an employee under par. (a) that is directly related to a reason specified under
10par. (a) 2., the employer shall grant the request unless the employer has a bona fide
11business reason for denying the request.
AB50,856,1612(d) Verification of reasons for requested changes. If an employer receives a
13request from an employee under par. (a), the employer may require the employee to
14provide additional information to clarify or explain the reasons for the employees
15requested work schedule change if the employer needs that information to properly
16evaluate the request under par. (b) or (c).
AB50,856,2017(3) Predictable work schedules for retail, food service, and cleaning
18employees. (a) Advance notice of work schedules required. 1. On or before the first
19day of work of a new service employee, an employer shall provide the service
20employee with a written copy of the service employees work schedule.
AB50,857,2212. Except as provided in pars. (b) and (c), if an employer changes a work
22schedule provided to a service employee under this subdivision or subd. 1., the

1employer shall provide the service employee with a written copy of the new work
2schedule no later than 14 days before the new work schedule begins.
AB50,857,433. An employer shall post a copy of a work schedule provided under this
4paragraph in at least one of the following ways:
AB50,857,65a. In one or more conspicuous places where notices to employees are
6customarily posted.
AB50,857,77b. On a website accessible by all of the employers employees.
AB50,857,984. If an employer changes a work schedule after it is posted under subd. 3., the
9employer shall revise the posted work schedule to reflect those changes.
AB50,857,1810(b) Employer-initiated changes to work schedules without advance notice. 1.
11An employer may change, without the advance notice required under par. (a) 2., a
12work schedule provided to a service employee under par. (a) 1. or 2. as provided in
13this paragraph. Except as provided under subd. 2., if the employer changes a work
14schedule provided to a service employee under par. (a) 1. or 2. less than 14 days
15before the new work schedule begins, the employer shall provide the service
16employee compensation for the change in an amount equal to the service employees
17regular rate of pay for one hour of work in addition to any other compensation
18earned by the service employee.
AB50,857,21192. An employer is not required to pay compensation to a service employee
20under subd. 1. for a change to the service employees work schedule if any of the
21following applies to the change:
AB50,857,2222a. The service employee consents to the change.
AB50,858,223b. The employer requires the service employee to work additional time or an

1additional work shift because another service employee was scheduled to work that
2time or work shift and is unexpectedly unavailable to work.
AB50,858,73(c) Employee-initiated changes to work schedules. An employer may allow a
4service employee to agree to work in place of another service employee if the service
5employees mutually agree to the change. The employer is not required to provide
6compensation under par. (b) 1. to a service employee with respect to a work shift
7agreement under this paragraph.
AB50,858,128(d) Compensation for reporting time, on-call time, and split shifts. 1. Except
9as provided in subd. 4., if a service employee reports to work and the service
10employees employer does not allow the service employee to work all time that the
11service employee is scheduled to work, the employer shall provide the service
12employee with the following compensation:
AB50,858,1613a. If the service employee is scheduled to work 4 hours or less, an amount
14equal to the service employees regular rate of pay for all time the service employee
15is scheduled to work but does not work in addition to any other compensation
16earned by the service employee for time the service employee actually works.
AB50,858,2117b. If the service employee is scheduled to work more than 4 hours and works
18less than 4 hours, an amount equal to the service employees regular rate of pay for
19the difference between 4 hours and the amount of time the service employee
20actually works in addition to any other compensation earned by the service
21employee for time the service employee actually works.
AB50,859,5222. Except as provided in subd. 4., if an employer requires a service employee to
23contact the employer, or wait to be contacted by the employer, less than 24 hours

1before a work shift begins to determine whether the employer will require the
2service employee to report to work for that work shift, the employer shall provide
3the service employee compensation in an amount equal to the service employees
4regular rate of pay for one hour of work in addition to any other compensation
5earned by the service employee for time the service employee actually works.
AB50,859,1063. Except as provided in subd. 4, if an employer requires a service employee to
7work a split shift, the employer shall provide the service employee compensation in
8an amount equal to the service employees regular rate of pay for one hour of work
9in addition to any other compensation earned by the service employee for time the
10service employee actually works.
AB50,859,14114. If a service employee is entitled to more than one type of compensation
12under subds. 1. to 3. with respect to a particular work shift, the employer shall pay
13the service employee the compensation required under subd. 1., 2., or 3., whichever
14is greatest.
AB50,859,2015(e) Manner of payment of additional compensation. An employer that is
16required to provide compensation to a service employee under par. (b) 1. or (d) shall
17pay that compensation on the service employees regular paycheck or other wage
18payment. The employer shall identify on the paycheck, pay envelope, or paper
19accompanying the wage payment the amount of and reason for all additional
20compensation paid.
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