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AB68-ASA2-AA6,46,9 4(4) Any person that is affected by a failure to comply with this section may bring
5an action to enforce this section. If a court finds that a broadband service provider
6has not complied with this section, the court shall order the broadband service
7provider to comply with this section within a reasonable amount of time and,
8notwithstanding s. 814.14 (1), shall award costs, including reasonable attorney fees,
9to the person affected.
AB68-ASA2-AA6,336r 10Section 336r. 100.2092 of the statutes is created to read:
AB68-ASA2-AA6,46,15 11100.2092 Broadband service subscriber rights. (1) Rights. (a) A
12broadband service provider shall repair broadband service within 72 hours after a
13subscriber reports a service interruption or requests the repair if the service
14interruption is not the result of a major system-wide or large area emergency, such
15as a natural disaster.
AB68-ASA2-AA6,46,1916 (b) Upon notification by a subscriber of a service interruption, a broadband
17service provider shall give the subscriber a credit for one day of broadband service
18if broadband service is interrupted for more than 4 hours in one day and the
19interruption is caused by the broadband service provider.
AB68-ASA2-AA6,46,2320 (c) Upon notification by a subscriber of a service interruption, a broadband
21service provider shall give the subscriber a credit for each hour that broadband
22service is interrupted if broadband service is interrupted for more than 4 hours in
23one day and the interruption is not caused by the broadband service provider.
AB68-ASA2-AA6,47,3
1(d) Prior to entering into a service agreement with a subscriber, a broadband
2service provider shall disclose that a subscriber has a right to a credit for notifying
3the broadband service provider of a service interruption.
AB68-ASA2-AA6,47,54 (e) A broadband service provider shall provide broadband service that satisfies
5minimum standards established by the department by rule.
AB68-ASA2-AA6,47,76 (f) A broadband service provider shall give a subscriber at least 30 days'
7advance written notice before instituting a rate increase.
AB68-ASA2-AA6,47,108 (g) A broadband service provider shall give a subscriber at least 7 days' advance
9written notice of any scheduled routine maintenance that causes a service slowdown,
10interruption, or outage.
AB68-ASA2-AA6,47,1311 (h) A broadband service provider shall give a subscriber at least 10 days'
12advance written notice of disconnecting service, unless the disconnection is
13requested by the subscriber.
AB68-ASA2-AA6,47,1614 (i) Prior to entering into a service agreement with a subscriber, a broadband
15service provider shall disclose the factors that may cause the actual broadband speed
16experience to vary, including the number of users and device limitations.
AB68-ASA2-AA6,47,1917 (j) A broadband service provider shall provide broadband service to a
18subscriber as described in point of sale advertisements and representations made to
19the subscriber.
AB68-ASA2-AA6,47,2220 (k) A broadband service provider shall give a subscriber at least 10 days'
21advance written notice of a change in a factor that might cause the originally
22disclosed speed experience to vary.
AB68-ASA2-AA6,48,223 (L) A broadband service provider shall allow a subscriber to terminate a
24contract and receive a full refund without fees if the provider sells a service that does
25not satisfy the requirements established under par. (e) and the broadband service

1provider does not satisfy the requirements established under par. (e) within one
2month of written notification from the subscriber.
AB68-ASA2-AA6,48,6 3(2) Advertising. A broadband service provider shall disclose the factors that
4may cause the actual broadband speed experience of a subscriber to vary, including
5the number of users and device limitations, in each advertisement of the speed of the
6provider's service, including in all of the following types of advertisements:
AB68-ASA2-AA6,48,77 (a) Television and other commercials.
AB68-ASA2-AA6,48,88 (b) Internet and email advertisements.
AB68-ASA2-AA6,48,99 (c) Print advertisements and bill inserts.
AB68-ASA2-AA6,48,1110 (d) Any other advertising method or solicitation for the sale of new or upgraded
11broadband service.
AB68-ASA2-AA6,48,13 12(3) Rules. The department may promulgate rules to implement and
13administer this section.
AB68-ASA2-AA6,48,17 14(4) Penalty; enforcement. (a) A person who violates this section may be
15required to forfeit not more than $1,000 for each violation and not more than $10,000
16for each occurrence. Failure to give a notice required under sub. (1) (f) to more than
17one subscriber shall be considered one violation.
AB68-ASA2-AA6,48,1918 (b) The department or a district attorney may institute civil proceedings under
19this section.”.
AB68-ASA2-AA6,48,20 2068. Page 334, line 18: after that line insert:
AB68-ASA2-AA6,48,21 21 Section 336b. 103.005 (12) (a) of the statutes is amended to read:
AB68-ASA2-AA6,49,822 103.005 (12) (a) If any employer, employee, owner, or other person violates chs.
23103 to 106, or fails or refuses to perform any duty required under chs. 103 to 106,
24within the time prescribed by the department, for which no penalty has been

1specifically provided, or fails, neglects or refuses to obey any lawful order given or
2made by the department or any judgment or decree made by any court in connection
3with chs. 103 to 106, for each such violation, failure or refusal, the employer,
4employee, owner or other person shall forfeit not less than $10 nor more than $100
5for each offense. This paragraph does not apply to any person that fails to provide
6any information to the department to assist the department in determining
7prevailing wage rates or prevailing hours of labor under s. 103.49 (3) (a) or (am) or
8103.50 (3) or (4).
AB68-ASA2-AA6,336d 9Section 336d. 103.49 of the statutes is created to read:
AB68-ASA2-AA6,49,10 10103.49 Wage rate on state work. (1) Definitions. In this section:
AB68-ASA2-AA6,49,1911 (a) “Area" means the county in which a proposed project of public works that
12is subject to this section is located or, if the department determines that there is
13insufficient wage data in that county, “area" means those counties that are
14contiguous to that county or, if the department determines that there is insufficient
15wage data in those counties, “area" means those counties that are contiguous to those
16counties or, if the department determines that there is insufficient wage data in those
17counties, “area" means the entire state or, if the department is requested to review
18a determination under sub. (3) (c), “area" means the city, village, or town in which
19a proposed project of public works that is subject to this section is located.
AB68-ASA2-AA6,49,2520 (am) “Bona fide economic benefit" means an economic benefit for which an
21employer makes irrevocable contributions to a trust or fund created under 29 USC
22186
(c) or to any other bona fide plan, trust, program, or fund no less often than
23quarterly or, if an employer makes annual contributions to such a bona fide plan,
24trust, program, or fund, for which the employer irrevocably escrows moneys at least
25quarterly based on the employer's expected annual contribution.
AB68-ASA2-AA6,50,4
1(b) “Hourly basic rate of pay" means the hourly wage paid to any employee,
2excluding any contributions or payments for health insurance benefits, vacation
3benefits, pension benefits, and any other bona fide economic benefits, whether paid
4directly or indirectly.
AB68-ASA2-AA6,50,75 (bg) “Insufficient wage data" means less than 500 hours of work performed in
6a particular trade or occupation on projects that are similar to a proposed project of
7public works that is subject to this section.
AB68-ASA2-AA6,50,138 (bj) “Minor service or maintenance work" means a project of public works that
9is limited to minor crack filling, chip or slurry sealing, or other minor pavement
10patching, not including overlays, that has a projected life span of no longer than 5
11years; cleaning of drainage or sewer ditches or structures; or any other limited, minor
12work on public facilities or equipment that is routinely performed to prevent
13breakdown or deterioration.
AB68-ASA2-AA6,50,1614 (br) “Multiple-trade project of public works" means a project of public works
15in which no single trade accounts for 85 percent or more of the total labor cost of the
16project.
AB68-ASA2-AA6,50,1917 (c) “Prevailing hours of labor" for any trade or occupation in any area means
1810 hours per day and 40 hours per week and may not include any hours worked on
19a Saturday or Sunday or on any of the following holidays:
AB68-ASA2-AA6,50,2020 1. January 1.
AB68-ASA2-AA6,50,2121 2. The last Monday in May.
AB68-ASA2-AA6,50,2222 3. July 4.
AB68-ASA2-AA6,50,2323 4. The first Monday in September.
AB68-ASA2-AA6,50,2424 5. The 4th Thursday in November.
AB68-ASA2-AA6,50,2525 6. December 25.
AB68-ASA2-AA6,51,1
17. The day before if January 1, July 4, or December 25 falls on a Saturday.
AB68-ASA2-AA6,51,22 8. The day following if January 1, July 4, or December 25 falls on a Sunday.
AB68-ASA2-AA6,51,83 (d) 1. Except as provided in subd. 2., “prevailing wage rate" for any trade or
4occupation engaged in the erection, construction, remodeling, repairing, or
5demolition of any project of public works in any area means the hourly basic rate of
6pay, plus the hourly contribution for health insurance benefits, vacation benefits,
7pension benefits, and any other bona fide economic benefit, paid directly or indirectly
8for a majority of the hours worked in the trade or occupation on projects in the area.
AB68-ASA2-AA6,51,189 2. If there is no rate at which a majority of the hours worked in the trade or
10occupation on projects in the area is paid, “prevailing wage rate" for any trade or
11occupation engaged in the erection, construction, remodeling, repairing, or
12demolition of any project of public works in any area means the average hourly basic
13rate of pay, weighted by the number of hours worked, plus the average hourly
14contribution, weighted by the number of hours worked, for health insurance benefits,
15vacation benefits, pension benefits, and any other bona fide economic benefit, paid
16directly or indirectly for all hours worked at the hourly basic rate of pay of the
17highest-paid 51 percent of hours worked in that trade or occupation on projects in
18that area.
AB68-ASA2-AA6,51,2119 (em) “Single-trade project of public works" means a project of public works in
20which a single trade accounts for 85 percent or more of the total labor cost of the
21project.
AB68-ASA2-AA6,52,222 (f) “State agency" means any office, department, independent agency,
23institution of higher education, association, society, or other body in state
24government created or authorized to be created by the constitution or any law,
25including the legislature and the courts. “State agency" also includes the University

1of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System
2Authority, and the Wisconsin Aerospace Authority.
AB68-ASA2-AA6,52,73 (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 install
7the material does not exceed 20 percent of the total cost of the contract.
AB68-ASA2-AA6,52,88 (g) “Truck driver" includes an owner-operator of a truck.
AB68-ASA2-AA6,52,11 9(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:
AB68-ASA2-AA6,52,1412 (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.
AB68-ASA2-AA6,52,1815 (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.
AB68-ASA2-AA6,52,2119 (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.
AB68-ASA2-AA6,53,18 22(2) Prevailing wage rates and hours of labor. Any contract made for the
23erection, construction, remodeling, repairing, or demolition of any project of public
24works to which the state or any state agency is a party shall contain a stipulation that
25no individual performing the work described in sub. (2m) may be allowed to work a

1greater number of hours per day or per week than the prevailing hours of labor,
2except that any such individual may be allowed or required to work more than such
3prevailing hours of labor per day and per week if he or she is paid for all hours worked
4in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly
5basic rate of pay; nor may he or she be paid less than the prevailing wage rate
6determined under sub. (3) in the same or most similar trade or occupation in the area
7in which the project of public works is situated. The notice published for the purpose
8of securing bids for the project must contain a reference to the prevailing wage rates
9determined under sub. (3) and the prevailing hours of labor. Except as otherwise
10provided in this subsection, if any contract or subcontract for a project of public works
11that is subject to this section is entered into, the prevailing wage rates determined
12under sub. (3) and the prevailing hours of labor shall be physically incorporated into
13and made a part of the contract or subcontract. For a minor subcontract, as
14determined by the department, the department shall prescribe by rule the method
15of notifying the minor subcontractor of the prevailing wage rates and prevailing
16hours of labor applicable to the minor subcontract. The prevailing wage rates and
17prevailing hours of labor applicable to a contract or subcontract may not be changed
18during the time that the contract or subcontract is in force.
AB68-ASA2-AA6,53,24 19(2m) Covered employees. (a) Subject to par. (b), any person subject to this
20section shall pay all of the following employees the prevailing wage rate determined
21under sub. (3) and may not allow such employees to work a greater number of hours
22per day or per week than the prevailing hours of labor, unless the person pays for all
23hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times
24the employees' hourly basic rate of pay:
AB68-ASA2-AA6,54,2
11. All laborers, workers, mechanics, and truck drivers employed on the site of
2a project of public works that is subject to this section.
AB68-ASA2-AA6,54,83 2. All laborers, workers, mechanics, and truck drivers employed in the
4manufacturing or furnishing of materials, articles, supplies, or equipment on the site
5of a project of public works that is subject to this section or from a facility dedicated
6exclusively, or nearly so, to a project of public works that is subject to this section by
7a contractor, subcontractor, agent, or other person performing any work on the site
8of the project.
AB68-ASA2-AA6,54,169 (b) A laborer, worker, mechanic, or truck driver who is employed to process,
10manufacture, pick up, or deliver materials or products from a commercial
11establishment that has a fixed place of business from which the establishment
12supplies processed or manufactured materials or products or from a facility that is
13not dedicated exclusively, or nearly so, to a project of public works that is subject to
14this section is not entitled to receive the prevailing wage rate determined under sub.
15(3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours
16worked in excess of the prevailing hours of labor unless any of the following applies:
AB68-ASA2-AA6,54,2117 1. The laborer, worker, mechanic, or truck driver is employed to go to the source
18of mineral aggregate such as sand, gravel, or stone and deliver that mineral
19aggregate to the site of a project of public works that is subject to this section by
20depositing the material directly in final place, from the transporting vehicle or
21through spreaders from the transporting vehicle.
AB68-ASA2-AA6,54,2522 2. The laborer, worker, mechanic, or truck driver is employed to go to the site
23of a project that is subject to this section, pick up excavated material or spoil from
24the site of the project of public works, and transport that excavated material or spoil
25away from the site of the project.
AB68-ASA2-AA6,55,3
1(c) A person that is subject to this section shall pay a truck driver who is an
2owner-operator of a truck separately for his or her work and for the use of his or her
3truck.
AB68-ASA2-AA6,55,19 4(3) Investigation; determination. (a) Before a state agency issues a request
5for bids for any work to which this section applies, the state agency having the
6authority to prescribe the specifications shall apply to the department to determine
7the prevailing wage rate for each trade or occupation required in the work under
8contemplation in the area in which the work is to be done. The department shall
9conduct investigations and hold public hearings as necessary to define the trades or
10occupations that are commonly employed on projects that are subject to this section
11and to inform itself of the prevailing wage rates in all areas of the state for those
12trades or occupations, in order to determine the prevailing wage rate for each trade
13or occupation. The department shall issue its determination within 30 days after
14receiving the request and shall file the determination with the requesting state
15agency. A state agency that has contracted for a project of public works subject to this
16section shall post the prevailing wage rates determined by the department, the
17prevailing hours of labor, and the provisions of subs. (2) and (6m) in at least one
18conspicuous place on the site of the project that is easily accessible by employees
19working on the project.
AB68-ASA2-AA6,56,220 (am) The department shall, by January 1 of each year, compile the prevailing
21wage rates for each trade or occupation in each area. The compilation shall, in
22addition to the current prevailing wage rates, include future prevailing wage rates
23when those prevailing wage rates can be determined for any trade or occupation in
24any area and shall specify the effective date of those future prevailing wage rates.

1If a project of public works extends into more than one area, the department shall
2determine only one standard of prevailing wage rates for the entire project.
AB68-ASA2-AA6,56,113 (ar) In determining prevailing wage rates under par. (a) or (am), the
4department may not use data from projects that are subject to this section, s. 66.0903,
5103.50, or 229.8275, or 40 USC 3142 unless the department determines that there
6is insufficient wage data in the area to determine those prevailing wage rates, in
7which case the department may use data from projects that are subject to this
8section, s. 66.0903, 103.50, or 229.8275, or 40 USC 3142. In determining prevailing
9wage rates under par. (a) or (am), the department may not use data from any
10construction work performed by a state agency or a local governmental unit, as
11defined in s. 66.0903 (1) (d).
AB68-ASA2-AA6,56,2012 (b) Any person may request a recalculation of any portion of an initial
13determination within 30 days after the initial determination date if the person
14submits evidence with the request showing that the prevailing wage rate for any
15given trade or occupation included in the initial determination does not represent the
16prevailing wage rate for that trade or occupation in the area. The evidence shall
17include wage rate information reflecting work performed by individuals working in
18the contested trade or occupation in the area during the current survey period. The
19department shall affirm or modify the initial determination within 15 days after the
20date on which the department receives the request for recalculation.
AB68-ASA2-AA6,57,921 (c) In addition to the recalculation under par. (b), the state agency that
22requested the determination under this subsection may request a review of any
23portion of a determination within 30 days after the date of issuance of the
24determination if the state agency submits evidence with the request showing that
25the prevailing wage rate for any given trade or occupation included in the

1determination does not represent the prevailing wage rate for that trade or
2occupation in the city, village, or town in which the proposed project of public works
3is located. That evidence shall include wage rate information for the contested trade
4or occupation on at least 3 similar projects located in the city, village, or town where
5the proposed project of public works is located on which some work has been
6performed during the current survey period and that were considered by the
7department in issuing its most recent compilation under par. (am). The department
8shall affirm or modify the determination within 15 days after the date on which the
9department receives the request for review.
AB68-ASA2-AA6,57,10 10(3g) Nonapplicability. This section does not apply to any of the following:
AB68-ASA2-AA6,57,1311 (a) A single-trade project of public works for which the estimated project cost
12of completion is less than $48,000 or a multiple-trade project of public works for
13which the estimated project cost of completion is less than $100,000.
AB68-ASA2-AA6,57,1714 (b) Work performed on a project of public works for which the state or the state
15agency contracting for the project is not required to compensate any contractor,
16subcontractor, contractor's or subcontractor's agent, or individual for performing the
17work.
AB68-ASA2-AA6,57,1918 (c) Minor service or maintenance work, warranty work, or work under a supply
19and installation contract.
AB68-ASA2-AA6,57,2020 (f) A public highway, street, or bridge project.
AB68-ASA2-AA6,57,2321 (g) A project of public works involving the erection, construction, repair,
22remodeling, or demolition of a residential property containing 2 dwelling units or
23less.
AB68-ASA2-AA6,58,324 (h) A road, street, bridge, sanitary sewer, or water main project that is a part
25of a development in which not less than 90 percent of the lots contain or will contain

12 dwelling units or less, as determined by the local governmental unit at the time of
2approval of the development, and that, on completion, is acquired by, or dedicated to,
3the state for ownership or maintenance by the state.
AB68-ASA2-AA6,58,11 4(4r) Compliance. (a) When the department finds that a state agency has not
5requested a determination under sub. (3) (a) or that a state agency, contractor, or
6subcontractor has not physically incorporated a determination into a contract or
7subcontract as required under sub. (2) or has not notified a minor subcontractor of
8a determination in the manner prescribed by the department by rule promulgated
9under sub. (2), the department shall notify the state agency, contractor or
10subcontractor of the noncompliance and shall file the determination with the state
11agency, contractor, or subcontractor within 30 days after the notice.
AB68-ASA2-AA6,58,1612 (b) Upon completion of a project of public works and before receiving final
13payment for his or her work on the project, each agent or subcontractor shall furnish
14the contractor with an affidavit stating that the agent or subcontractor has complied
15fully with the requirements of this section. A contractor may not authorize final
16payment until the affidavit is filed in proper form and order.
AB68-ASA2-AA6,59,517 (c) Upon completion of a project of public works and before receiving final
18payment for his or her work on the project, each contractor shall file with the state
19agency authorizing the work an affidavit stating that the contractor has complied
20fully with the requirements of this section and that the contractor has received an
21affidavit under par. (b) from each of the contractor's agents and subcontractors. A
22state agency may not authorize a final payment until the affidavit is filed in proper
23form and order. If a state agency authorizes a final payment before an affidavit is
24filed in proper form and order or if the department determines, based on the greater
25weight of the credible evidence, that any person performing the work specified in sub.

1(2m) has been or may have been paid less than the prevailing wage rate or less than
21.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing
3hours of labor and requests that the state agency withhold all or part of the final
4payment, but the state agency fails to do so, the state agency is liable for all back
5wages payable up to the amount of the final payment.
AB68-ASA2-AA6,59,11 6(5) Records; inspection; enforcement. (a) Each contractor, subcontractor, or
7contractor's or subcontractor's agent that performs work on a project of public works
8that is subject to this section shall keep full and accurate records clearly indicating
9the name and trade or occupation of every individual performing the work described
10in sub. (2m) and an accurate record of the number of hours worked by each of those
11individuals and the actual wages paid for the hours worked.
AB68-ASA2-AA6,59,2212 (b) The department shall enforce this section. The department may demand
13and examine, and every contractor, subcontractor, and contractor's and
14subcontractor's agent shall keep, and furnish upon request by the department,
15copies of payrolls and other records and information relating to the wages paid to
16individuals performing the work described in sub. (2m) for work to which this section
17applies. The department may inspect records in the manner provided in this chapter.
18Every contractor, subcontractor, or agent performing work on a project of public
19works that is subject to this section is subject to the requirements of this chapter
20relating to the examination of records. Section 111.322 (2m) applies to discharge and
21other discriminatory acts arising in connection with any proceeding under this
22section.
AB68-ASA2-AA6,60,1023 (c) If requested by any person, the department shall inspect the payroll records
24of any contractor, subcontractor, or agent performing work on a project of public
25works that is subject to this section as provided in this paragraph to ensure

1compliance with this section. On receipt of such a request, the department shall
2request that the contractor, subcontractor, or agent submit to the department a
3certified record of the information specified in par. (a), other than personally
4identifiable information relating to an employee of the contractor, subcontractor, or
5agent, for no longer than a 4-week period. The department may request a contractor,
6subcontractor, or agent to submit those records no more than once per calendar
7quarter for each project of public works on which the contractor, subcontractor, or
8agent is performing work. The department may not charge a requester a fee for
9obtaining that information. Certified records submitted to the department under
10this paragraph are open for public inspection and copying under s. 19.35 (1).
AB68-ASA2-AA6,60,17 11(6m) Liability and penalties. (ag) 1. A contractor, subcontractor, or
12contractor's or subcontractor's agent who fails to pay the prevailing wage rate
13determined by the department under sub. (3) or who pays less than 1.5 times the
14hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor
15is liable to any affected employee in the amount of his or her unpaid wages or his or
16her unpaid overtime compensation and in an additional amount as liquidated
17damages as provided in subd. 2. or 3., whichever is applicable.
AB68-ASA2-AA6,61,218 2. If the department determines upon inspection under sub. (5) (b) or (c) that
19a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay
20the prevailing wage rate determined by the department under sub. (3) or has paid
21less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
22prevailing hours of labor, the department shall order the contractor to pay to any
23affected employee the amount of his or her unpaid wages or his or her unpaid
24overtime compensation and an additional amount equal to 100 percent of the amount

1of those unpaid wages or that unpaid overtime compensation as liquidated damages
2within a period specified by the department in the order.
AB68-ASA2-AA6,61,133 3. In addition to or in lieu of recovering the liability specified in subd. 1. as
4provided in subd. 2., any employee for and on behalf of that employee and other
5employees similarly situated may commence an action to recover that liability in any
6court of competent jurisdiction. If the court finds that a contractor, subcontractor,
7or contractor's or subcontractor's agent has failed to pay the prevailing wage rate
8determined by the department under sub. (3) or has paid less than 1.5 times the
9hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor,
10the court shall order the contractor, subcontractor, or agent to pay to any affected
11employee the amount of his or her unpaid wages or his or her unpaid overtime
12compensation and an additional amount equal to 100 percent of the amount of those
13unpaid wages or that unpaid overtime compensation as liquidated damages.
AB68-ASA2-AA6,61,1814 5. No employee may be a party plaintiff to an action under subd. 3. unless the
15employee consents in writing to become a party and the consent is filed in the court
16in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in
17addition to any judgment awarded to the plaintiff, allow reasonable attorney fees
18and costs to be paid by the defendant.
AB68-ASA2-AA6,61,2219 (am) Except as provided in pars. (b), (d), and (f), any contractor, subcontractor,
20or contractor's or subcontractor's agent who violates this section may be fined not
21more than $200 or imprisoned for not more than 6 months or both. Each day that
22a violation continues is a separate offense.
AB68-ASA2-AA6,62,623 (b) Whoever induces an individual who seeks to be or is employed on any project
24of public works that is subject to this section to give up, waive, or return any part of
25the wages to which the individual is entitled under the contract governing the

1project, or who reduces the hourly basic rate of pay normally paid to an individual
2for work on a project that is not subject to this section during a week in which the
3individual works both on a project of public works that is subject to this section and
4on a project that is not subject to this section, by threat not to employ, by threat of
5dismissal from employment, or by any other means is guilty of an offense under s.
6946.15 (1).
AB68-ASA2-AA6,62,167 (c) Any individual who is employed on a project of public works that is subject
8to this section who knowingly allows a contractor, subcontractor, or contractor's or
9subcontractor's agent to pay him or her less than the prevailing wage rate set forth
10in the contract governing the project, who gives up, waives, or returns any part of the
11compensation to which he or she is entitled under the contract, or who gives up,
12waives, or returns any part of the compensation to which he or she is normally
13entitled for work on a project that is not subject to this section during a week in which
14the individual works both on a project of public works that is subject to this section
15and on a project that is not subject to this section, is guilty of an offense under s.
16946.15 (2).
AB68-ASA2-AA6,62,2217 (d) Whoever induces any individual who seeks to be or is employed on any
18project of public works that is subject to this section to allow any part of the wages
19to which the individual is entitled under the contract governing the project to be
20deducted from the individual's pay is guilty of an offense under s. 946.15 (3), unless
21the deduction would be allowed under 29 CFR 3.5 or 3.6 from an individual who is
22working on a project that is subject to 40 USC 3142.
AB68-ASA2-AA6,63,323 (e) Any individual who is employed on a project of public works that is subject
24to this section who knowingly allows any part of the wages to which he or she is
25entitled under the contract governing the project to be deducted from his or her pay

1is guilty of an offense under s. 946.15 (4), unless the deduction would be allowed
2under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject
3to 40 USC 3142.
AB68-ASA2-AA6,63,64 (f) Paragraph (am) does not apply to any person who fails to provide any
5information to the department to assist the department in determining prevailing
6wage rates under sub. (3) (a) or (am).
AB68-ASA2-AA6,63,18 7(7) Debarment. (a) Except as provided under pars. (b) and (c), the department
8shall distribute to all state agencies a list of all persons that the department has
9found to have failed to pay the prevailing wage rate determined under sub. (3) or has
10found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked
11in excess of the prevailing hours of labor at any time in the preceding 3 years. The
12department shall include with any name the address of the person and shall specify
13when the person failed to pay the prevailing wage rate and when the person paid less
14than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
15prevailing hours of labor. A state agency may not award any contract to the person
16unless otherwise recommended by the department or unless 3 years have elapsed
17from the date the department issued its findings or date of final determination by a
18court of competent jurisdiction, whichever is later.
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