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 10employee’s 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 employee’s 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 employee’s 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 employee’s 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 employee’s 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 employee’s 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. AB50,859,2321(f) Exception. An employer is not required to comply with this subsection 22during a period in which the employer’s regular operations are suspended due to an 23event outside of the employer’s control. AB50,860,7
1(4) Prohibited acts. (a) No employer may interfere with, restrain, or deny 2the exercise of the right of an employee to request and receive a change in the terms 3and conditions of employment as provided under sub. (2). No employer may 4interfere with, restrain, or deny the exercise of the right of a service employee to 5receive advance notice of work schedules as provided under sub. (3) (a), receive 6compensation as provided under sub. (3) (b) 1. and (d), or request approval to work 7in place of another employee as provided under sub. (3) (c). AB50,860,148(b) No employer may discharge or discriminate against an employee in 9promotion, in compensation, or in the terms, conditions, or privileges of 10employment for exercising a right of an employee described under par. (a), opposing 11a practice prohibited under this section, filing or indicating an intent to file a 12complaint or otherwise attempting to enforce a right under this section, or 13testifying, assisting, or participating in any manner in any investigation, action, or 14proceeding to enforce a right under this section. AB50,860,1615(c) Section 111.322 (2m) applies to discharge or other discriminatory acts 16arising in connection with any proceeding under this section. AB50,861,217(5) Enforcement. (a) Administrative proceeding. An employee whose rights 18are interfered with, restrained, or denied in violation of sub. (4) (a) or who is 19discharged or discriminated against in violation of sub. (4) (b) may file a complaint 20with the department, and the department shall process the complaint in the same 21manner that employment discrimination complaints are processed under s. 111.39. 22If the department finds that a violation has occurred, the department may order
1the employer to take action to remedy the violation, including any action authorized 2under s. 111.39. AB50,861,73(b) Civil action. 1. The department or an employee whose rights are 4interfered with, restrained, or denied in violation of sub. (4) (a) or who is discharged 5or discriminated against in violation of sub. (4) (b) may bring an action in circuit 6court against an employer on the basis of the violation without regard to exhaustion 7of any administrative remedy. AB50,861,1082. In an action under subd. 1., if the circuit court finds that a violation of sub. 9(4) (a) or (b) has occurred with respect to an employee, the circuit court shall order 10the defendant to pay to the employee all of the following: AB50,861,1211a. Compensatory damages in an amount that the circuit court or jury finds 12appropriate. AB50,861,1713b. Unless the employer proves that the employer acted in good faith and had a 14reasonable basis for believing that the act or omission that constituted the violation 15was not a violation of this section, an additional amount as liquidated damages 16equal to 100 percent of the amount of compensatory damages determined under 17subd. 2. a. AB50,861,1918c. Notwithstanding s. 814.04 (1), reasonable attorney fees and costs incurred 19in the action. AB50,861,21203. Damages awarded under subd. 2. are in addition to any back pay or other 21amounts awarded under s. 111.39 or 111.395. AB50,862,222(6) Penalties. In addition to any damages imposed under sub. (5), an 23employer that willfully violates this section may be required to forfeit not more than
1$1,000 for each violation. Each day of continued violation constitutes a separate 2offense. AB50,862,63(7) Notice posted. An employer shall post, in one or more conspicuous places 4where notices to employees are customarily posted, a notice in a form approved by 5the department setting forth employees’ rights under this section. An employer 6that violates this subsection shall forfeit not more than $100 for each violation. AB50,16227Section 1622. 103.06 (1) (b) (intro.) of the statutes is amended to read: AB50,862,108103.06 (1) (b) (intro.) “Employee” means, for purposes of compliance with the 9requirements specified in sub. (3) (a), any of the following who is employed by an 10employer: AB50,162311Section 1623. 103.06 (1) (c) (intro.) of the statutes is amended to read: AB50,862,1412103.06 (1) (c) (intro.) “Employer” means, for purposes of compliance with the 13requirements specified in sub. (3) (a), any of the following that is engaged in the 14work described in s. 108.18 (2) (c): AB50,162415Section 1624. 103.06 (2) of the statutes is renumbered 103.06 (10), and 16103.06 (10) (intro.) and (a), as renumbered, are amended to read: AB50,862,2117103.06 (10) Worker classification compliance; duties of department. 18(intro.) For purposes of promoting and achieving compliance by employers with the 19laws specified in sub. (3) (a) through the proper classification of persons performing 20services for an employer as employees and nonemployees, the The department shall 21do all of the following: AB50,863,522(a) Educate employers, employees, nonemployees, and the public about the 23proper classification of persons performing services for an employer as employees
1and nonemployees. The department shall establish and maintain on the 2department’s website information regarding worker classification laws, 3requirements for employers and employees, penalties for noncompliance, and 4contact information at each state agency that administers worker classification 5laws. AB50,16256Section 1625. 103.06 (10) (f) of the statutes is created to read: AB50,863,107103.06 (10) (f) Design and make available to employers a notice regarding 8worker classification laws, requirements for employers and employees, and 9penalties for noncompliance. The department shall promulgate rules to implement 10this paragraph. AB50,162611Section 1626. 103.06 (11) of the statutes is created to read: AB50,863,1512103.06 (11) Notice. All employers shall post, in one or more conspicuous 13places where notices to employees are customarily posted, the notice designed by 14the department under sub. (10) (f). Any employer who violates this subsection shall 15forfeit not more than $100 for each offense. AB50,162716Section 1627. 103.08 of the statutes is created to read: AB50,863,1717103.08 Paid family and medical leave. (1) Definitions. In this section: AB50,863,2018(a) “Application year” means the 12-month period beginning on the first day 19of the first calendar week for which leave benefits are claimed by an employee under 20this section. AB50,864,521(b) “Average weekly earnings” means one-thirteenth of the wages paid to an 22employee during the last completed calendar quarter prior to the employee’s date of 23eligibility for leave benefits under this section and includes all sick, holiday,
1vacation, and termination pay that is paid directly by an employer to an employee at 2the employee’s usual rate of pay during his or her last completed calendar quarter 3as a result of employment for an employer and any total or partial disability 4payments under ch. 102 or a federal law that provides for payments on account of a 5work-related injury or illness. AB50,864,96(d) “Employee” has the meaning given in s. 103.10 (b), except that it does not 7include employees whose compensation is established under s. 20.923 (2) or (3) or 8230.12 (9m) or employees of the Board of Regents of the University of Wisconsin 9System. AB50,864,1310(e) “Employer” has the meaning given in s. 103.10 (1) (c), except that it does 11not include any entity whose employees’ compensation is established under s. 1220.923 (2) or (3) or 230.12 (9m) or the Board of Regents of the University of 13Wisconsin System. AB50,864,1514(f) “Family leave” means leave from employment taken for any of the reasons 15under s. 103.10 (3) (b) 1. to 7. AB50,864,1716(g) “Insurer” means a company that issues an insurance policy to an employer 17to provide leave benefits under this section. AB50,864,1818(h) “Leave benefits” means benefits provided under sub. (2). AB50,864,2019(i) “Medical leave” means leave from employment taken for any of the reasons 20under s. 103.10 (4). AB50,865,221(2) Paid benefit requirement. Each employer shall provide paid leave 22benefits to their employees for up to 8 weeks of family and medical leave in the 23amount specified in sub. (3). Employees shall be paid leave benefits for consecutive
1family and medical leave or intermittent family leave and medical leave at the 2employee’s sole discretion. AB50,865,43(3) Benefit amount. The amount of leave benefits for a week for which those 4benefits are payable is as follows: AB50,865,85(a) For the amount of the employee's average weekly earnings that are not 6more than 50 percent of the state annual median wage in the calendar year before 7the employee’s application year, 90 percent of that individual's average weekly 8earnings. AB50,865,119(b) For the amount of the employee’s average weekly earnings that are more 10than 50 percent of the state annual median wage in the calendar year before the 11employee’s application year, 50 percent of that employee’s average weekly earnings. AB50,865,1312(4) Insurance. (a) An employer may contract with an insurance company to 13provide coverage for the leave benefits required under sub. (2). AB50,865,1614(b) Employers may not deduct any fees from employee compensation for the 15cost of insurance coverage or otherwise charge employees for the cost of insurance 16coverage under this subsection. AB50,865,1817(c) Insurance policies for leave benefits shall allow for employees to seek 18arbitration following a denial of leave benefits by the insurer. AB50,865,2119(5) Federal tax treatment of benefits. With respect to the federal income 20taxation of family or medical leave insurance benefits, an employer shall do all of 21the following: AB50,866,322(a) At the time an individual files a claim for leave benefits, advise the 23individual that those benefits may be subject to federal income taxation, that 24requirements exist under federal law pertaining to estimated tax payments, and
1that the individual may elect to have federal income taxes withheld from the 2individual’s benefit payments and may change that election not more than one time 3in an application year. AB50,866,94(b) Allow the individual to elect to have federal income tax deducted and 5withheld from the individual’s benefit payments, allow the individual to change 6that election not more than one time in an application year, and deduct and 7withhold that tax in accordance with the individual’s election as provided under 26 8USC 3402. If the employer has contracted with an insurer, the employer shall 9direct the insurer to follow the provisions of this paragraph. AB50,866,2110(6) Denial of benefits; appeals. An employer or an insurer that provides 11benefits under a policy under sub. (4) shall provide an employee with the reason for 12a denial for a claim for leave benefits whether in whole or in part, with information 13for the employee to file an appeal with the department. An employee whose claim 14for leave benefits under this section has been denied in whole or in part by their 15employer or their employer’s insurer may file a complaint with the department 16after receiving a final denial from their employer or their employer’s insurer. The 17department shall process the complaint in the same manner as complaints filed 18under s. 103.10 (12) (b) are processed. If the department finds that the employer or 19insurer should have paid leave benefits, the department may order the employer or 20insurer to provide the benefits owed and, notwithstanding s. 814.04 (1), pay 21reasonable actual attorney fees to the employee. AB50,866,2322(7) Prohibited acts. (a) No person may interfere with, restrain, or deny the 23exercise of any right provided under this section. AB50,867,424(b) No person may discharge or otherwise discriminate against any person for
1exercising any right provided under this section, opposing a practice prohibited 2under this section, filing a complaint or attempting to enforce any right provided 3under this section, or testifying or assisting in any action or proceeding to enforce 4any right provided under this section. AB50,867,85(c) No collective bargaining agreement or employer policy may diminish or 6abridge an employee’s rights under this section. Any agreement purporting to 7waive or modify an employee’s rights under this section is void as against public 8policy and unenforceable. AB50,867,139(8) Notice posted. Each employer shall post, on its website and in one or 10more conspicuous places where notices to employees are customarily posted, a 11notice in a form approved by the department setting forth employees’ rights under 12this section. Any employer that violates this subsection shall forfeit not more than 13$100 for each violation. AB50,867,1414(9) Rules. The department shall promulgate rules to implement this section. AB50,162815Section 1628. 103.10 (1) (a) (intro.) of the statutes is renumbered 103.10 (1) 16(a) and amended to read: AB50,867,1817103.10 (1) (a) “Child” means a natural, adopted, or foster child, a stepchild, or 18a legal ward to whom any of the following applies:. AB50,162919Section 1629. 103.10 (1) (a) 1. of the statutes is repealed. AB50,163020Section 1630. 103.10 (1) (a) 2. of the statutes is repealed. AB50,163121Section 1631. 103.10 (1) (ap) of the statutes is created to read: AB50,867,2222103.10 (1) (ap) “Covered active duty” means any of the following: AB50,868,2
11. For a member of a regular component of the U.S. armed forces, duty during 2the deployment of the member with the U.S. armed forces to a foreign country. AB50,868,632. For a member of a reserve component of the U.S. armed forces, duty during 4the deployment of the member with the U.S. armed forces to a foreign country 5under a call or order to active duty under a provision of law specified in 10 USC 101 6(a) (13) (B). AB50,16327Section 1632. 103.10 (1) (b) of the statutes is amended to read: AB50,868,118103.10 (1) (b) Except as provided in sub. (1m) (b) 2. and s. 452.38, “employee” 9means an individual employed in this state by an employer, except the employer’s 10parent, child, spouse, domestic partner, or child parent, grandparent, grandchild, 11or sibling. AB50,163312Section 1633. 103.10 (1) (dm) of the statutes is created to read: AB50,868,1313103.10 (1) (dm) “Grandchild” means the child of a child. AB50,163414Section 1634. 103.10 (1) (dp) of the statutes is created to read: AB50,868,1515103.10 (1) (dp) “Grandparent” means the parent of a parent. AB50,163516Section 1635. 103.10 (1) (em) of the statutes is created to read: AB50,868,1717103.10 (1) (em) “Medical isolation” means any of the following: AB50,868,21181. When a health care professional, a local health officer, or the department of 19health services advises that an individual seclude herself or himself from others 20when the individual is awaiting the result of a diagnostic test for a communicable 21disease or when the individual is infected with a communicable disease. AB50,868,23222. When a local health officer or the department of health services advises 23that an individual isolate or quarantine under s. 252.06. AB50,869,3
13. When an individual’s employer advises that the individual not come to the 2workplace due to a concern that the individual may have been exposed to or infected 3with a communicable disease. AB50,16364Section 1636. 103.10 (1) (gm) of the statutes is created to read: AB50,869,65103.10 (1) (gm) “Sibling” means a brother, sister, half brother, half sister, 6stepbrother, or stepsister, whether by blood, marriage, or adoption. AB50,16377Section 1637. 103.10 (1) (h) of the statutes is amended to read: AB50,869,98103.10 (1) (h) “Spouse” means an employee’s legal husband or wife the person 9to whom an employee is legally married. AB50,163810Section 1638. 103.10 (1m) (b) 1. of the statutes is renumbered 103.10 (1) 11(an). AB50,163912Section 1639. 103.10 (1m) (b) 6. of the statutes is renumbered 103.10 (1) 13(gd). AB50,164014Section 1640. 103.10 (1m) (b) 7. of the statutes is renumbered 103.10 (1) (m). AB50,164115Section 1641. 103.10 (2) (c) of the statutes is amended to read: AB50,869,1816103.10 (2) (c) This section only applies to an employee who has been employed 17by the same employer for more than 52 consecutive weeks and who worked for the 18employer for at least 1,000 680 hours during the preceding 52-week period. AB50,164219Section 1642. 103.10 (3) (a) of the statutes is repealed. AB50,164320Section 1643. 103.10 (3) (b) 3. of the statutes is amended to read: AB50,869,2321103.10 (3) (b) 3. To care for the employee’s child, spouse, domestic partner, or 22parent, grandparent, grandchild, or sibling, if the child, spouse, domestic partner, 23or parent, grandparent, grandchild, or sibling has a serious health condition. AB50,1644
1Section 1644. 103.10 (3) (b) 4. of the statutes is created to read:
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