AB50: Bill Text

AB50,858,12 (d) Compensation for reporting time, on-call time, and split shifts. 1. Except as provided in subd. 4., if a service employee reports to work and the service employee’s employer does not allow the service employee to work all time that the service employee is scheduled to work, the employer shall provide the service employee with the following compensation:

AB50,858,16 a. If the service employee is scheduled to work 4 hours or less, an amount equal to the service employee’s regular rate of pay for all time the service employee is scheduled to work but does not work in addition to any other compensation earned by the service employee for time the service employee actually works.

AB50,858,21 b. If the service employee is scheduled to work more than 4 hours and works less than 4 hours, an amount equal to the service employee’s regular rate of pay for the difference between 4 hours and the amount of time the service employee actually works in addition to any other compensation earned by the service employee for time the service employee actually works.

AB50,859,5 2. Except as provided in subd. 4., if an employer requires a service employee to contact the employer, or wait to be contacted by the employer, less than 24 hours before a work shift begins to determine whether the employer will require the service employee to report to work for that work shift, the employer shall provide the service employee compensation in an amount equal to the service employee’s regular rate of pay for one hour of work in addition to any other compensation earned by the service employee for time the service employee actually works.

AB50,859,10 3. Except as provided in subd. 4, if an employer requires a service employee to work a split shift, the employer shall provide the service employee compensation in an amount equal to the service employee’s regular rate of pay for one hour of work in addition to any other compensation earned by the service employee for time the service employee actually works.

AB50,859,14 4. If a service employee is entitled to more than one type of compensation under subds. 1. to 3. with respect to a particular work shift, the employer shall pay the service employee the compensation required under subd. 1., 2., or 3., whichever is greatest.

AB50,859,20 (e) Manner of payment of additional compensation. An employer that is required to provide compensation to a service employee under par. (b) 1. or (d) shall pay that compensation on the service employee’s regular paycheck or other wage payment. The employer shall identify on the paycheck, pay envelope, or paper accompanying the wage payment the amount of and reason for all additional compensation paid.

AB50,859,23 (f) Exception. An employer is not required to comply with this subsection during a period in which the employer’s regular operations are suspended due to an event outside of the employer’s control.

AB50,860,7 (4) Prohibited acts. (a) No employer may interfere with, restrain, or deny the exercise of the right of an employee to request and receive a change in the terms and conditions of employment as provided under sub. (2). No employer may interfere with, restrain, or deny the exercise of the right of a service employee to receive advance notice of work schedules as provided under sub. (3) (a), receive compensation as provided under sub. (3) (b) 1. and (d), or request approval to work in place of another employee as provided under sub. (3) (c).

AB50,860,14 (b) No employer may discharge or discriminate against an employee in promotion, in compensation, or in the terms, conditions, or privileges of employment for exercising a right of an employee described under par. (a), opposing a practice prohibited under this section, filing or indicating an intent to file a complaint or otherwise attempting to enforce a right under this section, or testifying, assisting, or participating in any manner in any investigation, action, or proceeding to enforce a right under this section.

AB50,860,16 (c) Section 111.322 (2m) applies to discharge or other discriminatory acts arising in connection with any proceeding under this section.

AB50,861,2 (5) Enforcement. (a) Administrative proceeding. An employee whose rights are interfered with, restrained, or denied in violation of sub. (4) (a) or who is discharged or discriminated against in violation of sub. (4) (b) may file a complaint with the department, and the department shall process the complaint in the same manner that employment discrimination complaints are processed under s. 111.39. If the department finds that a violation has occurred, the department may order the employer to take action to remedy the violation, including any action authorized under s. 111.39.

AB50,861,7 (b) Civil action. 1. The department or an employee whose rights are interfered with, restrained, or denied in violation of sub. (4) (a) or who is discharged or discriminated against in violation of sub. (4) (b) may bring an action in circuit court against an employer on the basis of the violation without regard to exhaustion of any administrative remedy.

AB50,861,10 2. In an action under subd. 1., if the circuit court finds that a violation of sub. (4) (a) or (b) has occurred with respect to an employee, the circuit court shall order the defendant to pay to the employee all of the following:

AB50,861,12 a. Compensatory damages in an amount that the circuit court or jury finds appropriate.

AB50,861,17 b. Unless the employer proves that the employer acted in good faith and had a reasonable basis for believing that the act or omission that constituted the violation was not a violation of this section, an additional amount as liquidated damages equal to 100 percent of the amount of compensatory damages determined under subd. 2. a.

AB50,861,19 c. Notwithstanding s. 814.04 (1), reasonable attorney fees and costs incurred in the action.

AB50,861,21 3. Damages awarded under subd. 2. are in addition to any back pay or other amounts awarded under s. 111.39 or 111.395.

AB50,862,2 (6) Penalties. In addition to any damages imposed under sub. (5), an employer that willfully violates this section may be required to forfeit not more than $1,000 for each violation. Each day of continued violation constitutes a separate offense.

AB50,862,6 (7) Notice posted. An employer shall post, in one or more conspicuous places where notices to employees are customarily posted, a notice in a form approved by the department setting forth employees’ rights under this section. An employer that violates this subsection shall forfeit not more than $100 for each violation.

AB50,1622 Section 1622. 103.06 (1) (b) (intro.) of the statutes is amended to read:

AB50,862,10 103.06 (1) (b) (intro.) “Employee” means, for purposes of compliance with the requirements specified in sub. (3) (a), any of the following who is employed by an employer:

AB50,1623 Section 1623. 103.06 (1) (c) (intro.) of the statutes is amended to read:

AB50,862,14 103.06 (1) (c) (intro.) “Employer” means, for purposes of compliance with the requirements specified in sub. (3) (a), any of the following that is engaged in the work described in s. 108.18 (2) (c):

AB50,1624 Section 1624. 103.06 (2) of the statutes is renumbered 103.06 (10), and 103.06 (10) (intro.) and (a), as renumbered, are amended to read:

AB50,862,21 103.06 (10) Worker classification compliance; duties of department. (intro.) For purposes of promoting and achieving compliance by employers with the laws specified in sub. (3) (a) through the proper classification of persons performing services for an employer as employees and nonemployees, the The department shall do all of the following:

AB50,863,5 (a) Educate employers, employees, nonemployees, and the public about the proper classification of persons performing services for an employer as employees and nonemployees. The department shall establish and maintain on the department’s website information regarding worker classification laws, requirements for employers and employees, penalties for noncompliance, and contact information at each state agency that administers worker classification laws.

AB50,1625 Section 1625. 103.06 (10) (f) of the statutes is created to read:

AB50,863,10 103.06 (10) (f) Design and make available to employers a notice regarding worker classification laws, requirements for employers and employees, and penalties for noncompliance. The department shall promulgate rules to implement this paragraph.

AB50,1626 Section 1626. 103.06 (11) of the statutes is created to read:

AB50,863,15 103.06 (11) Notice. All employers shall post, in one or more conspicuous places where notices to employees are customarily posted, the notice designed by the department under sub. (10) (f). Any employer who violates this subsection shall forfeit not more than $100 for each offense.

AB50,1627 Section 1627. 103.08 of the statutes is created to read:

AB50,863,17 103.08 Paid family and medical leave. (1) Definitions. In this section:

AB50,863,20 (a) “Application year” means the 12-month period beginning on the first day of the first calendar week for which leave benefits are claimed by an employee under this section.

AB50,864,5 (b) “Average weekly earnings” means one-thirteenth of the wages paid to an employee during the last completed calendar quarter prior to the employee’s date of eligibility for leave benefits under this section and includes all sick, holiday, vacation, and termination pay that is paid directly by an employer to an employee at the employee’s usual rate of pay during his or her last completed calendar quarter as a result of employment for an employer and any total or partial disability payments under ch. 102 or a federal law that provides for payments on account of a work-related injury or illness.

AB50,864,9 (d) “Employee” has the meaning given in s. 103.10 (b), except that it does not include employees whose compensation is established under s. 20.923 (2) or (3) or 230.12 (9m) or employees of the Board of Regents of the University of Wisconsin System.

AB50,864,13 (e) “Employer” has the meaning given in s. 103.10 (1) (c), except that it does not include any entity whose employees’ compensation is established under s. 20.923 (2) or (3) or 230.12 (9m) or the Board of Regents of the University of Wisconsin System.

AB50,864,15 (f) “Family leave” means leave from employment taken for any of the reasons under s. 103.10 (3) (b) 1. to 7.

AB50,864,17 (g) “Insurer” means a company that issues an insurance policy to an employer to provide leave benefits under this section.

AB50,864,18 (h) “Leave benefits” means benefits provided under sub. (2).

AB50,864,20 (i) “Medical leave” means leave from employment taken for any of the reasons under s. 103.10 (4).

AB50,865,2 (2) Paid benefit requirement. Each employer shall provide paid leave benefits to their employees for up to 8 weeks of family and medical leave in the amount specified in sub. (3). Employees shall be paid leave benefits for consecutive family and medical leave or intermittent family leave and medical leave at the employee’s sole discretion.

AB50,865,4 (3) Benefit amount. The amount of leave benefits for a week for which those benefits are payable is as follows:

AB50,865,8 (a) For the amount of the employee's average weekly earnings that are not more than 50 percent of the state annual median wage in the calendar year before the employee’s application year, 90 percent of that individual's average weekly earnings.

AB50,865,11 (b) For the amount of the employee’s average weekly earnings that are more than 50 percent of the state annual median wage in the calendar year before the employee’s application year, 50 percent of that employee’s average weekly earnings.

AB50,865,13 (4) Insurance. (a) An employer may contract with an insurance company to provide coverage for the leave benefits required under sub. (2).

AB50,865,16 (b) Employers may not deduct any fees from employee compensation for the cost of insurance coverage or otherwise charge employees for the cost of insurance coverage under this subsection.

AB50,865,18 (c) Insurance policies for leave benefits shall allow for employees to seek arbitration following a denial of leave benefits by the insurer.

AB50,865,21 (5) Federal tax treatment of benefits. With respect to the federal income taxation of family or medical leave insurance benefits, an employer shall do all of the following:

AB50,866,3 (a) At the time an individual files a claim for leave benefits, advise the individual that those benefits may be subject to federal income taxation, that requirements exist under federal law pertaining to estimated tax payments, and that the individual may elect to have federal income taxes withheld from the individual’s benefit payments and may change that election not more than one time in an application year.

AB50,866,9 (b) Allow the individual to elect to have federal income tax deducted and withheld from the individual’s benefit payments, allow the individual to change that election not more than one time in an application year, and deduct and withhold that tax in accordance with the individual’s election as provided under 26 USC 3402. If the employer has contracted with an insurer, the employer shall direct the insurer to follow the provisions of this paragraph.

AB50,866,21 (6) Denial of benefits; appeals. An employer or an insurer that provides benefits under a policy under sub. (4) shall provide an employee with the reason for a denial for a claim for leave benefits whether in whole or in part, with information for the employee to file an appeal with the department. An employee whose claim for leave benefits under this section has been denied in whole or in part by their employer or their employer’s insurer may file a complaint with the department after receiving a final denial from their employer or their employer’s insurer. The department shall process the complaint in the same manner as complaints filed under s. 103.10 (12) (b) are processed. If the department finds that the employer or insurer should have paid leave benefits, the department may order the employer or insurer to provide the benefits owed and, notwithstanding s. 814.04 (1), pay reasonable actual attorney fees to the employee.

AB50,866,23 (7) Prohibited acts. (a) No person may interfere with, restrain, or deny the exercise of any right provided under this section.

AB50,867,4 (b) No person may discharge or otherwise discriminate against any person for exercising any right provided under this section, opposing a practice prohibited under this section, filing a complaint or attempting to enforce any right provided under this section, or testifying or assisting in any action or proceeding to enforce any right provided under this section.

AB50,867,8 (c) No collective bargaining agreement or employer policy may diminish or abridge an employee’s rights under this section. Any agreement purporting to waive or modify an employee’s rights under this section is void as against public policy and unenforceable.

AB50,867,13 (8) Notice posted. Each employer shall post, on its website and in one or more conspicuous places where notices to employees are customarily posted, a notice in a form approved by the department setting forth employees’ rights under this section. Any employer that violates this subsection shall forfeit not more than $100 for each violation.

AB50,867,14 (9) Rules. The department shall promulgate rules to implement this section.

AB50,1628 Section 1628. 103.10 (1) (a) (intro.) of the statutes is renumbered 103.10 (1) (a) and amended to read:

AB50,867,18 103.10 (1) (a) “Child” means a natural, adopted, or foster child, a stepchild, or a legal ward to whom any of the following applies:.

AB50,1629 Section 1629. 103.10 (1) (a) 1. of the statutes is repealed.

AB50,1630 Section 1630. 103.10 (1) (a) 2. of the statutes is repealed.

AB50,1631 Section 1631. 103.10 (1) (ap) of the statutes is created to read:

AB50,867,22 103.10 (1) (ap) “Covered active duty” means any of the following:

AB50,868,2 1. For a member of a regular component of the U.S. armed forces, duty during the deployment of the member with the U.S. armed forces to a foreign country.

AB50,868,6 2. For a member of a reserve component of the U.S. armed forces, duty during the deployment of the member with the U.S. armed forces to a foreign country under a call or order to active duty under a provision of law specified in 10 USC 101 (a) (13) (B).

AB50,1632 Section 1632. 103.10 (1) (b) of the statutes is amended to read:

AB50,868,11 103.10 (1) (b) Except as provided in sub. (1m) (b) 2. and s. 452.38, “employee” means an individual employed in this state by an employer, except the employer’s parent, child, spouse, domestic partner, or child parent, grandparent, grandchild, or sibling.

AB50,1633 Section 1633. 103.10 (1) (dm) of the statutes is created to read:

AB50,868,13 103.10 (1) (dm) “Grandchild” means the child of a child.

AB50,1634 Section 1634. 103.10 (1) (dp) of the statutes is created to read:

AB50,868,15 103.10 (1) (dp) “Grandparent” means the parent of a parent.

AB50,1635 Section 1635. 103.10 (1) (em) of the statutes is created to read:

AB50,868,17 103.10 (1) (em) “Medical isolation” means any of the following:

AB50,868,21 1. When a health care professional, a local health officer, or the department of health services advises that an individual seclude herself or himself from others when the individual is awaiting the result of a diagnostic test for a communicable disease or when the individual is infected with a communicable disease.

AB50,868,23 2. When a local health officer or the department of health services advises that an individual isolate or quarantine under s. 252.06.

AB50,869,3 3. When an individual’s employer advises that the individual not come to the workplace due to a concern that the individual may have been exposed to or infected with a communicable disease.

AB50,1636 Section 1636. 103.10 (1) (gm) of the statutes is created to read:

AB50,869,6 103.10 (1) (gm) “Sibling” means a brother, sister, half brother, half sister, stepbrother, or stepsister, whether by blood, marriage, or adoption.

AB50,1637 Section 1637. 103.10 (1) (h) of the statutes is amended to read:

AB50,869,9 103.10 (1) (h) “Spouse” means an employee’s legal husband or wife the person to whom an employee is legally married.

AB50,1638 Section 1638. 103.10 (1m) (b) 1. of the statutes is renumbered 103.10 (1) (an).

AB50,1639 Section 1639. 103.10 (1m) (b) 6. of the statutes is renumbered 103.10 (1) (gd).

AB50,1640 Section 1640. 103.10 (1m) (b) 7. of the statutes is renumbered 103.10 (1) (m).

AB50,1641 Section 1641. 103.10 (2) (c) of the statutes is amended to read:

AB50,869,18 103.10 (2) (c) This section only applies to an employee who has been employed by the same employer for more than 52 consecutive weeks and who worked for the employer for at least 1,000 680 hours during the preceding 52-week period.

AB50,1642 Section 1642. 103.10 (3) (a) of the statutes is repealed.

AB50,1643 Section 1643. 103.10 (3) (b) 3. of the statutes is amended to read:

AB50,869,23 103.10 (3) (b) 3. To care for the employee’s child, spouse, domestic partner, or parent, grandparent, grandchild, or sibling, if the child, spouse, domestic partner, or parent, grandparent, grandchild, or sibling has a serious health condition.

AB50,1644 Section 1644. 103.10 (3) (b) 4. of the statutes is created to read: