SB45,849,2017(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). SB45,850,221(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). SB45,850,63(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). SB45,16187Section 1618. 102.85 (2) of the statutes is repealed and recreated to read: SB45,850,128102.85 (2) (a) No employer who is required to provide worker’s compensation 9insurance coverage under this chapter may give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 worker’s compensation in relation 12to that contract. SB45,850,1513(b) No employer who is required to provide worker’s 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. SB45,850,1716(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. SB45,850,19182. An employer who violates par. (a) or (b) shall forfeit $3,000 for a 3rd 19violation of par. (a) or (b). SB45,850,21203. An employer who violates par. (a) or (b) shall forfeit $4,000 for a 4th 21violation of par. (a) or (b). SB45,161922Section 1619. 103.005 (12) (a) of the statutes is amended to read: SB45,851,1023103.005 (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). SB45,162011Section 1620. 103.007 of the statutes is repealed. SB45,162112Section 1621. 103.035 of the statutes is created to read: SB45,851,1413103.035 Work schedule flexibility and predictability. (1) Definitions. 14In this section: SB45,851,1715(a) “Bona fide business reason” means a reason that justifies an employer’s 16action and that is based on the employer’s determination that taking a different 17action would have any of the following results: SB45,851,20181. Additional costs to the employer, including costs of lost employee 19productivity, retaining or hiring employees, or transferring employees between 20work locations. SB45,851,22212. A significant detrimental effect on the employer’s ability to meet 22organizational needs or customer demand. SB45,852,2
13. A significant inability of the employer, despite the employer’s best efforts, to 2reorganize work among other employees. SB45,852,334. A significant detrimental effect on the employer’s business performance. SB45,852,445. Insufficient work during the period an employee proposes to work. SB45,852,756. Unfairness to other employees who request changes to work schedules if 6granting all requests would have a significant detrimental effect on the employer’s 7ability to meet organizational needs. SB45,852,88(b) “Child” means an individual who is all of the following: SB45,852,1091. 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. SB45,852,11112. An individual to whom any of the following applies: SB45,852,1212a. The individual is less than 18 years of age. SB45,852,1413b. The individual is 18 years of age or older and is incapable of self-care 14because of a mental or physical disability. SB45,852,1515(c) “Domestic partner” has the meaning given in s. 40.02 (21c) or 770.01 (1). SB45,852,1616(d) “Employee” means an employee who is employed by an employer. SB45,852,2117(e) “Employer” means an employer that employs at least 15 employees. 18“Employer” 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. SB45,852,2222(f) “Family member” means any of the following: SB45,852,23231. A spouse or domestic partner of an employee. SB45,853,2
12. A parent, child, sibling, brother-in-law, sister-in-law, grandparent, or 2grandchild of an employee or of an employee’s spouse or domestic partner. SB45,853,633. Any other individual who is related by blood, marriage, or adoption to an 4employee or to an employee’s 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. SB45,853,77(g) “Grandchild” means the child of a child. SB45,853,88(h) “Grandparent” means the parent of a parent. SB45,853,119(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). SB45,853,1412(j) “Parent” means a biological parent, foster parent, adoptive parent, 13stepparent, or legal guardian of an employee or of an employee’s spouse or domestic 14partner. SB45,853,1615(k) “Part-time employee” means an employee who works on average fewer 16than 30 hours per week for a particular employer. SB45,853,2017(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: SB45,853,22211. Major group code 35-0000 — food preparation and serving related 22occupations. SB45,853,23232. Broad occupation code 37-2010 — building cleaning workers. SB45,854,2
13. Detailed occupation code 41-1011 — first-line supervisors of retail sales 2workers. SB45,854,334. Minor group code 41-2000 — retail sales workers. SB45,854,54(m) “Sibling” means a brother, sister, half brother, half sister, stepbrother, 5stepsister, foster brother, or foster sister, whether by blood, marriage, or adoption. SB45,854,86(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: SB45,854,991. One or more breaks for meals that total one hour or less. SB45,854,10102. A break that is requested by the employee. SB45,854,1311(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. SB45,854,1514(p) “Work shift” means the specific times during a day that an employer 15requires an employee to work. SB45,854,1716(q) “Written” includes a communication that is transmitted or received by 17electronic means. SB45,854,2118(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: SB45,854,2222a. The number of hours the employee is required to work or be on call for work. SB45,855,2
1b. The days or times when the employee is required to work or be on call for 2work. SB45,855,33c. The location where the employee is required to work. SB45,855,54d. The amount of notification the employee receives regarding changes to the 5employee’s work schedule. SB45,855,76e. Minimizing fluctuations in the number of hours the employee is scheduled 7to work on a daily, weekly, or monthly basis. SB45,855,982. An employee who makes a request under subd. 1. shall specify in the 9request whether it is related to any of the following: SB45,855,1110a. A serious health condition, as defined under s. 103.10 (1) (g), of the 11employee. SB45,855,1512b. The employee’s responsibilities as a significant provider of ongoing care, 13including responsibility for securing ongoing care, of the employee’s 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. SB45,855,1716c. The employee’s responsibilities as a significant provider of education, 17including responsibility for securing education, of the employee’s child. SB45,855,1918d. The employee’s enrollment in an educational or training program or 19program of study that leads to a recognized postsecondary credential. SB45,855,2120e. If the employee is a part-time employee, conflicts with the employee’s other 21employment. SB45,856,622(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 employee’s and the employer’s 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. SB45,856,117(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. SB45,856,1612(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 employee’s 15requested work schedule change if the employer needs that information to properly 16evaluate the request under par. (b) or (c). SB45,856,2017(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 employee’s work schedule. SB45,857,2212. 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. SB45,857,433. An employer shall post a copy of a work schedule provided under this 4paragraph in at least one of the following ways: SB45,857,65a. In one or more conspicuous places where notices to employees are 6customarily posted. SB45,857,77b. On a website accessible by all of the employer’s employees. SB45,857,984. 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. SB45,857,1810(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 employee’s 17regular rate of pay for one hour of work in addition to any other compensation 18earned by the service employee. SB45,857,21192. An employer is not required to pay compensation to a service employee 20under subd. 1. for a change to the service employee’s work schedule if any of the 21following applies to the change: SB45,857,2222a. The service employee consents to the change. SB45,858,223b. 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. SB45,858,73(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. SB45,858,128(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: SB45,858,1613a. 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. SB45,858,2117b. 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. SB45,859,5222. 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. SB45,859,1063. 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. SB45,859,14114. 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. SB45,859,2015(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. SB45,859,2321(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. SB45,860,7
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). SB45,860,148(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. SB45,860,1615(c) Section 111.322 (2m) applies to discharge or other discriminatory acts 16arising in connection with any proceeding under this section. SB45,861,217(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. SB45,861,73(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.
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