AB50,164819Section 1648. 103.10 (4) (a) of the statutes is amended to read: AB50,870,2320103.10 (4) (a) Subject to pars. (b) and par. (c) and sub. (4m), an employee who 21is in medical isolation or has a serious health condition which makes the employee 22unable to perform his or her employment duties may take medical leave for the 23period during which he or she is unable to perform those duties. AB50,1649
1Section 1649. 103.10 (4) (b) of the statutes is repealed. AB50,16502Section 1650. 103.10 (4m) of the statutes is created to read: AB50,871,53103.10 (4m) Duration of leave. In a 12-month period, no employee may 4take more than 8 weeks of leave for any combination of reasons specified under sub. 5(3) or (4). AB50,16516Section 1651. 103.10 (6) (b) (intro.) of the statutes is amended to read: AB50,871,117103.10 (6) (b) (intro.) If an employee intends to take family leave because of 8the planned medical treatment or supervision of a child, spouse, domestic partner, 9or parent, grandparent, grandchild, or sibling or intends to take medical leave 10because of the planned medical treatment or supervision of the employee, the 11employee shall do all of the following: AB50,165212Section 1652. 103.10 (6) (b) 1. of the statutes is amended to read: AB50,871,1613103.10 (6) (b) 1. Make a reasonable effort to schedule the medical treatment 14or supervision so that it does not unduly disrupt the employer’s operations, subject 15to the approval of the health care provider of the child, spouse, domestic partner, 16parent, grandparent, grandchild, sibling, or employee. AB50,165317Section 1653. 103.10 (6) (c) of the statutes is created to read: AB50,871,2318103.10 (6) (c) If the employee intends to take family leave under sub. (3) (b) 4. 19that is foreseeable because the spouse, child, domestic partner, parent, 20grandparent, grandchild, or sibling of the employee is on covered active duty or has 21been notified of an impending call or order to covered active duty, the employee shall 22provide notice of that intention to the employer in a reasonable and practicable 23manner. AB50,1654
1Section 1654. 103.10 (7) (a) of the statutes is amended to read: AB50,872,72103.10 (7) (a) If an employee requests family leave for a reason described in 3sub. (3) (b) 3. or requests medical leave due to a serious health condition, the 4employer may require the employee to provide certification, as described in par. (b), 5issued by the health care provider or Christian Science practitioner of the child, 6spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee, 7whichever is appropriate. AB50,16558Section 1655. 103.10 (7) (b) (intro.) of the statutes is amended to read: AB50,872,109103.10 (7) (b) (intro.) No employer may require certification under par. (a) 10stating more than the following: AB50,165611Section 1656. 103.10 (7) (b) 1. of the statutes is amended to read: AB50,872,1312103.10 (7) (b) 1. That the child, spouse, domestic partner, parent, 13grandparent, grandchild, sibling, or employee has a serious health condition. AB50,165714Section 1657. 103.10 (7) (cm) of the statutes is created to read: AB50,872,1815103.10 (7) (cm) If an employee requests family leave for a reason described in 16sub. (3) (b) 3., the employer may require the employee to provide certification that 17the employee is responsible for the care of a child, spouse, domestic partner, parent, 18grandparent, grandchild, or sibling with a serious health condition. AB50,165819Section 1658. 103.10 (7) (d) of the statutes is created to read: AB50,873,320103.10 (7) (d) If an employee requests family leave under sub. (3) (b) 4., the 21employer may require the employee to provide certification that the spouse, child, 22domestic partner, parent, grandparent, grandchild, or sibling of the employee is on 23covered active duty or has been notified of an impending call or order to covered
1active duty. The certification under this paragraph shall be issued at such time and 2in such manner as the department may prescribe by rule, and the employee shall 3provide a copy of that certification to the employer in a timely manner. AB50,16594Section 1659. 103.10 (7) (e) of the statutes is created to read: AB50,873,105103.10 (7) (e) If an employee requests family leave under sub. (3) (b) 5., the 6employer may require the employee to provide certification that there is an 7unforeseen or unexpected short-term gap in childcare, as defined in rule by the 8department, for the employee’s child, grandchild, or sibling that the employee must 9fill. The department may prescribe by rule the form and content of the 10certification. AB50,166011Section 1660. 103.10 (7) (f) of the statutes is created to read: AB50,873,2212103.10 (7) (f) 1. If an employee requests family leave under sub. (3) (b) 6., or 13medical leave due to medical isolation, the employer may require the employee to 14provide certification issued by a local public health official, the department of 15health services, or a health care provider or Christian Science practitioner of the 16child, spouse, domestic partner, parent, grandparent, grandchild, sibling, or 17employee, whichever is appropriate, except that no employer may require 18certification under this paragraph if the sole reason for the medical isolation is due 19to the employer’s request under sub. (1) (em) 3. No employer may require 20certification under this subdivision stating more than that the child, spouse, 21domestic partner, parent, grandparent, grandchild, sibling, or employee is in 22medical isolation. AB50,874,3232. If an employee requests family leave under sub. (3) (b) 6., the employer may
1require the employee to provide certification that the employee is responsible for the 2care of a child, spouse, domestic partner, parent, grandparent, grandchild, sibling, 3or employee who is in medical isolation. AB50,16614Section 1661. 103.10 (7) (g) of the statutes is created to read: AB50,874,95103.10 (7) (g) If an employee requests family leave under sub. (3) (b) 7., the 6employer may require the employee to provide certification that the employee is 7addressing issues of the employee or the employee’s child, spouse, domestic partner, 8parent, grandparent, grandchild, or sibling related to being the victim of domestic 9abuse, sexual abuse, or stalking. AB50,166210Section 1662. 103.10 (10) of the statutes is amended to read: AB50,874,1611103.10 (10) Alternative employment. Nothing in this section prohibits an 12employer and an employee with a serious health condition or in medical isolation 13from mutually agreeing to alternative employment for the employee while the 14serious health condition or medical isolation lasts. No period of alternative 15employment, with the same employer, reduces the employee’s right to family leave 16or medical leave. AB50,166317Section 1663. 103.10 (12) (b) of the statutes is amended to read: AB50,875,418103.10 (12) (b) An employee who believes his or her employer has violated sub. 19(11) (a) or (b) may, within 30 300 days after the violation occurs or the employee 20should reasonably have known that the violation occurred, whichever is later, file a 21complaint with the department alleging the violation. Except as provided in s. 22230.45 (1m), the department shall investigate the complaint and shall attempt to 23resolve the complaint by conference, conciliation or persuasion. If the complaint is
1not resolved and the department finds probable cause to believe a violation has 2occurred, the department shall proceed with notice and a hearing on the complaint 3as provided in ch. 227. The hearing shall be held within 60 days after the 4department receives the complaint. AB50,16645Section 1664. 103.10 (12) (c) of the statutes is amended to read: AB50,875,126103.10 (12) (c) If 2 or more health care providers disagree about any of the 7information required to be certified under sub. (7) (b), the department may appoint 8another health care provider to examine the child, spouse, domestic partner, 9parent, grandparent, grandchild, sibling, or employee and render an opinion as 10soon as possible. The department shall promptly notify the employee and the 11employer of the appointment. The employer and the employee shall each pay 50 12percent of the cost of the examination and opinion. AB50,166513Section 1665. 103.10 (14) (a) of the statutes is renumbered 103.10 (14). AB50,166614Section 1666. 103.10 (14) (b) of the statutes is repealed. AB50,166715Section 1667. 103.12 of the statutes is repealed. AB50,166816Section 1668. 103.165 (3) (a) 3. of the statutes is amended to read: AB50,875,1817103.165 (3) (a) 3. The decedent’s father or mother parent or parents if the 18decedent leaves no surviving spouse, domestic partner under ch. 770, or children. AB50,166919Section 1669. 103.36 of the statutes is repealed. AB50,167020Section 1670. 103.44 of the statutes is created to read: AB50,875,2321103.44 Compensation included in job postings. In each job posting 22seeking applicants that is made by an employer, the employer shall include the 23compensation for the position. AB50,1671
1Section 1671. 103.49 of the statutes is created to read: AB50,876,22103.49 Wage rate on state work. (1) Definitions. In this section: AB50,876,113(a) “Area” means the county in which a proposed project of public works that 4is subject to this section is located or, if the department determines that there is 5insufficient wage data in that county, “area” means those counties that are 6contiguous to that county or, if the department determines that there is insufficient 7wage data in those counties, “area” means those counties that are contiguous to 8those counties or, if the department determines that there is insufficient wage data 9in those counties, “area” means the entire state or, if the department is requested to 10review a determination under sub. (3) (c), “area” means the city, village, or town in 11which a proposed project of public works that is subject to this section is located. AB50,876,1712(am) “Bona fide economic benefit” means an economic benefit for which an 13employer makes irrevocable contributions to a trust or fund created under 29 USC 14186 (c) or to any other bona fide plan, trust, program, or fund no less often than 15quarterly or, if an employer makes annual contributions to such a bona fide plan, 16trust, program, or fund, for which the employer irrevocably escrows moneys at least 17quarterly based on the employer’s expected annual contribution. AB50,876,2118(b) “Hourly basic rate of pay” means the hourly wage paid to any employee, 19excluding any contributions or payments for health insurance benefits, vacation 20benefits, pension benefits, and any other bona fide economic benefits, whether paid 21directly or indirectly. AB50,877,222(bg) “Insufficient wage data” means less than 500 hours of work performed in
1a particular trade or occupation on projects that are similar to a proposed project of 2public works that is subject to this section. AB50,877,83(bj) “Minor service or maintenance work” means a project of public works that 4is limited to minor crack filling, chip or slurry sealing, or other minor pavement 5patching, not including overlays, that has a projected life span of no longer than 5 6years; cleaning of drainage or sewer ditches or structures; or any other limited, 7minor work on public facilities or equipment that is routinely performed to prevent 8breakdown or deterioration. AB50,877,119(br) “Multiple-trade project of public works” means a project of public works 10in which no single trade accounts for 85 percent or more of the total labor cost of the 11project. AB50,877,1412(c) “Prevailing hours of labor” for any trade or occupation in any area means 1310 hours per day and 40 hours per week and may not include any hours worked on 14a Saturday or Sunday or on any of the following holidays: AB50,877,15151. January 1. AB50,877,16162. The last Monday in May. AB50,877,18184. The first Monday in September. AB50,877,19195. The 4th Thursday in November. AB50,877,20206. December 25. AB50,877,21217. The day before if January 1, July 4, or December 25 falls on a Saturday. AB50,877,22228. The day following if January 1, July 4, or December 25 falls on a Sunday. AB50,878,623(d) 1. Except as provided in subd. 2., “prevailing wage rate” for any trade or
1occupation engaged in the erection, construction, remodeling, repairing, or 2demolition of any project of public works in any area means the hourly basic rate of 3pay, plus the hourly contribution for health insurance benefits, vacation benefits, 4pension benefits, and any other bona fide economic benefit, paid directly or 5indirectly for a majority of the hours worked in the trade or occupation on projects 6in the area. AB50,878,1672. If there is no rate at which a majority of the hours worked in the trade or 8occupation on projects in the area is paid, “prevailing wage rate” for any trade or 9occupation engaged in the erection, construction, remodeling, repairing, or 10demolition of any project of public works in any area means the average hourly basic 11rate 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 on 16projects in that area. AB50,878,1917(em) “Single-trade project of public works” means a project of public works in 18which a single trade accounts for 85 percent or more of the total labor cost of the 19project. AB50,879,220(f) “State agency” means any office, department, independent agency, 21institution of higher education, association, society, or other body in state 22government created or authorized to be created by the constitution or any law, 23including the legislature and the courts. “State agency” also includes the
1University of Wisconsin Hospitals and Clinics Authority, the Fox River 2Navigational System Authority, and the Wisconsin Aerospace Authority. AB50,879,73(fm) “Supply and installation contract” means a contract under which the 4material is installed by the supplier, the material is installed by means of simple 5fasteners or connectors such as screws or nuts and bolts, and no other work is 6performed on the site of the project of public works, and the total labor cost to 7install the material does not exceed 20 percent of the total cost of the contract. AB50,879,88(g) “Truck driver” includes an owner-operator of a truck. AB50,879,119(1m) Applicability. Subject to sub. (3g), this section applies to any project of 10public works erected, constructed, repaired, remodeled, or demolished for the state 11or a state agency, including all of the following: AB50,879,1412(a) A project erected, constructed, repaired, remodeled, or demolished by one 13state agency for another state agency under any contract or under any statute 14specifically authorizing cooperation between state agencies. AB50,879,1815(b) A project in which the completed facility is leased, purchased, lease 16purchased, or otherwise acquired by, or dedicated to, the state in lieu of the state or 17a state agency contracting for the erection, construction, repair, remodeling, or 18demolition of the facility. AB50,879,2119(c) A sanitary sewer or water main project in which the completed sanitary 20sewer or water main is acquired by, or dedicated to, the state for ownership or 21maintenance by the state. AB50,880,2122(2) Prevailing wage rates and hours of labor. Any contract made for the 23erection, construction, remodeling, repairing, or demolition of any project of public
1works to which the state or any state agency is a party shall contain a stipulation 2that no individual performing the work described in sub. (2m) may be allowed to 3work a greater number of hours per day or per week than the prevailing hours of 4labor, except that any such individual may be allowed or required to work more than 5such prevailing hours of labor per day and per week if he or she is paid for all hours 6worked in excess of the prevailing hours of labor at a rate of at least 1.5 times his or 7her hourly basic rate of pay; nor may he or she be paid less than the prevailing wage 8rate determined under sub. (3) in the same or most similar trade or occupation in 9the area in which the project of public works is situated. The notice published for 10the purpose of securing bids for the project must contain a reference to the 11prevailing wage rates determined under sub. (3) and the prevailing hours of labor. 12Except as otherwise provided in this subsection, if any contract or subcontract for a 13project of public works that is subject to this section is entered into, the prevailing 14wage rates determined under sub. (3) and the prevailing hours of labor shall be 15physically incorporated into and made a part of the contract or subcontract. For a 16minor subcontract, as determined by the department, the department shall 17prescribe by rule the method of notifying the minor subcontractor of the prevailing 18wage rates and prevailing hours of labor applicable to the minor subcontract. The 19prevailing wage rates and prevailing hours of labor applicable to a contract or 20subcontract may not be changed during the time that the contract or subcontract is 21in force. AB50,881,422(2m) Covered employees. (a) Subject to par. (b), any person subject to this 23section shall pay all of the following employees the prevailing wage rate determined
1under sub. (3) and may not allow such employees to work a greater number of hours 2per day or per week than the prevailing hours of labor, unless the person pays for all 3hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times 4the employees’ hourly basic rate of pay: AB50,881,651. All laborers, workers, mechanics, and truck drivers employed on the site of 6a project of public works that is subject to this section. AB50,881,1272. All laborers, workers, mechanics, and truck drivers employed in the 8manufacturing or furnishing of materials, articles, supplies, or equipment on the 9site of a project of public works that is subject to this section or from a facility 10dedicated exclusively, or nearly so, to a project of public works that is subject to this 11section by a contractor, subcontractor, agent, or other person performing any work 12on the site of the project. AB50,881,2013(b) A laborer, worker, mechanic, or truck driver who is employed to process, 14manufacture, pick up, or deliver materials or products from a commercial 15establishment that has a fixed place of business from which the establishment 16supplies processed or manufactured materials or products or from a facility that is 17not dedicated exclusively, or nearly so, to a project of public works that is subject to 18this section is not entitled to receive the prevailing wage rate determined under 19sub. (3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours 20worked in excess of the prevailing hours of labor unless any of the following applies: AB50,882,2211. The laborer, worker, mechanic, or truck driver is employed to go to the 22source of mineral aggregate such as sand, gravel, or stone and deliver that mineral 23aggregate to the site of a project of public works that is subject to this section by
1depositing the material directly in final place, from the transporting vehicle or 2through spreaders from the transporting vehicle. AB50,882,632. The laborer, worker, mechanic, or truck driver is employed to go to the site 4of a project that is subject to this section, pick up excavated material or spoil from 5the site of the project of public works, and transport that excavated material or spoil 6away from the site of the project. AB50,882,97(c) A person that is subject to this section shall pay a truck driver who is an 8owner-operator of a truck separately for his or her work and for the use of his or her 9truck. AB50,883,210(3) Investigation; determination. (a) Before a state agency issues a 11request for bids for any work to which this section applies, the state agency having 12the authority to prescribe the specifications shall apply to the department to 13determine the prevailing wage rate for each trade or occupation required in the 14work under contemplation in the area in which the work is to be done. The 15department shall conduct investigations and hold public hearings as necessary to 16define the trades or occupations that are commonly employed on projects that are 17subject to this section and to inform itself of the prevailing wage rates in all areas of 18the state for those trades or occupations, in order to determine the prevailing wage 19rate for each trade or occupation. The department shall issue its determination 20within 30 days after receiving the request and shall file the determination with the 21requesting state agency. A state agency that has contracted for a project of public 22works subject to this section shall post the prevailing wage rates determined by the 23department, the prevailing hours of labor, and the provisions of subs. (2) and (6m)
1in at least one conspicuous place on the site of the project that is easily accessible by 2employees working on the project. AB50,883,93(am) The department shall, by January 1 of each year, compile the prevailing 4wage rates for each trade or occupation in each area. The compilation shall, in 5addition to the current prevailing wage rates, include future prevailing wage rates 6when those prevailing wage rates can be determined for any trade or occupation in 7any area and shall specify the effective date of those future prevailing wage rates. 8If a project of public works extends into more than one area, the department shall 9determine only one standard of prevailing wage rates for the entire project. AB50,883,1810(ar) In determining prevailing wage rates under par. (a) or (am), the 11department may not use data from projects that are subject to this section, s. 1266.0903, 103.50, or 229.8275, or 40 USC 3142 unless the department determines 13that there is insufficient wage data in the area to determine those prevailing wage 14rates, in which case the department may use data from projects that are subject to 15this section, s. 66.0903, 103.50, or 229.8275, or 40 USC 3142. In determining 16prevailing wage rates under par. (a) or (am), the department may not use data from 17any construction work performed by a state agency or a local governmental unit, as 18defined in s. 66.0903 (1) (d). AB50,884,419(b) Any person may request a recalculation of any portion of an initial 20determination within 30 days after the initial determination date if the person 21submits evidence with the request showing that the prevailing wage rate for any 22given trade or occupation included in the initial determination does not represent 23the prevailing wage rate for that trade or occupation in the area. The evidence shall
1include wage rate information reflecting work performed by individuals working in 2the contested trade or occupation in the area during the current survey period. The 3department shall affirm or modify the initial determination within 15 days after 4the date on which the department receives the request for recalculation. AB50,884,185(c) In addition to the recalculation under par. (b), the state agency that 6requested the determination under this subsection may request a review of any 7portion of a determination within 30 days after the date of issuance of the 8determination if the state agency submits evidence with the request showing that 9the prevailing wage rate for any given trade or occupation included in the 10determination does not represent the prevailing wage rate for that trade or 11occupation in the city, village, or town in which the proposed project of public works 12is located. That evidence shall include wage rate information for the contested 13trade or occupation on at least 3 similar projects located in the city, village, or town 14where the proposed project of public works is located on which some work has been 15performed during the current survey period and that were considered by the 16department in issuing its most recent compilation under par. (am). The 17department shall affirm or modify the determination within 15 days after the date 18on which the department receives the request for review. AB50,884,1919(3g) Nonapplicability. This section does not apply to any of the following: AB50,884,2220(a) A single-trade project of public works for which the estimated project cost 21of completion is less than $48,000 or a multiple-trade project of public works for 22which the estimated project cost of completion is less than $100,000. AB50,885,323(b) Work performed on a project of public works for which the state or the state
1agency contracting for the project is not required to compensate any contractor, 2subcontractor, contractor’s or subcontractor’s agent, or individual for performing 3the work. AB50,885,54(c) Minor service or maintenance work, warranty work, or work under a 5supply and installation contract. AB50,885,66(f) A public highway, street, or bridge project. AB50,885,97(g) A project of public works involving the erection, construction, repair, 8remodeling, or demolition of a residential property containing 2 dwelling units or 9less. AB50,885,1410(h) A road, street, bridge, sanitary sewer, or water main project that is a part 11of a development in which not less than 90 percent of the lots contain or will contain 122 dwelling units or less, as determined by the local governmental unit at the time of 13approval of the development, and that, on completion, is acquired by, or dedicated 14to, the state for ownership or maintenance by the state.
/2025/related/proposals/ab50
true
proposaltext
/2025/related/proposals/ab50/1662/_1
proposaltext/2025/REG/AB50,874,16
proposaltext/2025/REG/AB50,874,16
section
true