SB45,848,86102.82 (2) (ab) Except as provided in pars. (ag), (am), and (ar), for a 3rd 7determination by the department that an employer was uninsured, an uninsured 8employer shall pay to the department the greater of the following: SB45,848,1291. Three times the amount determined by the department to equal what the 10uninsured employer would have paid during periods of illegal nonpayment for 11worker’s compensation in the preceding 3-year period, based on the employer’s 12payroll in the preceding 3 years. SB45,848,13132. Three thousand dollars. SB45,161414Section 1614. 102.82 (2) (ad) of the statutes is created to read: SB45,848,1715102.82 (2) (ad) Except as provided in pars. (ag), (am), and (ar), for a 4th or 16subsequent determination by the department that an employer was uninsured, an 17uninsured employer shall pay to the department the greater of the following: SB45,848,21181. Four times the amount determined by the department to equal what the 19uninsured employer would have paid during periods of illegal nonpayment for 20worker’s compensation in the preceding 3-year period, based on the employer’s 21payroll in the preceding 3 years. SB45,848,22222. Four thousand dollars. SB45,161523Section 1615. 102.82 (2) (am) of the statutes is amended to read: SB45,849,4
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). SB45,16165Section 1616. 102.82 (2) (ar) of the statutes is amended to read: SB45,849,116102.82 (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 employer’s 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. SB45,161712Section 1617. 102.85 (1) of the statutes is repealed and recreated to read: SB45,849,1613102.85 (1) (a) If an employer has failed to comply with s. 102.16 (3) or 102.28 14(2), the employer shall, for a first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). 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.
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