This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
SB70-AA1,105,19 17(7) Federal tax treatment of benefits. With respect to the federal income
18taxation of family or medical leave insurance benefits, the department shall do all
19of the following:
SB70-AA1,105,2520 (a) At the time an individual files a claim for those benefits, advise the
21individual that those benefits may be subject to federal income taxation, that
22requirements exist under federal law pertaining to estimated tax payments, and
23that the individual may elect to have federal income taxes withheld from the
24individual's benefit payments and may change that election not more than one time
25in an application year.
SB70-AA1,106,4
1(b) Allow the individual to elect to have federal income tax deducted and
2withheld from the individual's benefit payments, allow the individual to change that
3election not more than one time in an application year, and deduct and withhold that
4tax in accordance with the individual's election as provided under 26 USC 3402.
SB70-AA1,106,75 (c) Upon making a deduction under par. (b), transfer the amount deducted from
6the family and medical leave insurance trust fund to the federal internal revenue
7service.
SB70-AA1,106,108 (d) In deducting and withholding federal income taxes from an individual's
9benefit payments, follow all procedures specified by the federal internal revenue
10service pertaining to the deducting and withholding of federal income tax.
SB70-AA1,106,16 11(8) Family and medical leave insurance trust fund. (a) The department shall
12determine the amount of the required contribution by each employee, self-employed
13individual who elects coverage under sub. (2), and each employer. The required
14contribution shall be based on the employee's wages or the self-employed
15individual's earnings. The required contribution for an employee shall be equally
16shared between each employee and the employee's employer.
SB70-AA1,106,1817 (b) Each employer shall withhold from the wages of its employees the amount
18determined by the department under this subsection.
SB70-AA1,106,2419 (c) The department shall promulgate rules to establish procedures for filing
20wage reports and collecting the contributions withheld by employers and
21employer-required contributions under par. (a). The department may utilize the
22quarterly wage reports submitted under s. 108.205 in lieu of separate contribution
23reports and may utilize the procedures for collecting contributions that apply to the
24collection of contributions to the unemployment reserve fund under s. 108.17.
SB70-AA1,107,4
1(cm) The department shall promulgate rules providing for a right to a hearing
2in cases involving the liability of employers for contributions under this subsection.
3The department's decisions shall be subject to the rights and procedures for
4contested cases under ch. 227.
SB70-AA1,107,65 (d) The department shall collect contributions from self-employed individuals
6pursuant to procedures established by the department under sub. (12) (b).
SB70-AA1,107,87 (e) The department shall deposit contributions received under this subsection
8in the family and medical leave benefits insurance trust fund.
SB70-AA1,107,139 (f) The department shall use moneys deposited in the family and medical leave
10benefits insurance trust fund to pay benefits under sub. (3), to refund amounts
11erroneously paid by employers, and to pay for the administration of the family and
12medical leave benefits insurance program under this section and for no other
13purpose.
SB70-AA1,107,20 14(9) Denial of claims; overpayments. (a) The department shall promulgate
15rules providing for a right to a hearing in cases of disputes involving an individual's
16eligibility for benefits or status as a covered individual under this section. The
17department's decisions shall be subject to the rights and procedures for contested
18cases under ch. 227. To the extent necessary and practical, the department may
19prescribe procedures in conjunction with any rules promulgated for administrative
20proceedings under ss. 103.10 (12) and 103.11 (12).
SB70-AA1,107,2521 (b) 1. If the department pays family or medical leave insurance benefits to an
22individual erroneously or as a result of willful misrepresentation, the individual's
23liability to reimburse the fund for the overpayment may be set forth in a
24determination that is subject to review under par. (a). The department may prescribe
25procedures for waiver of overpayments.
SB70-AA1,108,5
12. To recover any overpayment to a covered individual that is not otherwise
2repaid or the recovery of which has not been waived, the department may recoup the
3amount of the overpayment by, in addition to its other remedies, deducting the
4amount of the overpayment from benefits the individual would otherwise be eligible
5to receive.
SB70-AA1,108,96 3. The department may establish other procedures for recovering
7overpayments and may utilize procedures under ch. 108, including the department's
8remedies for collecting overpayments under ss. 108.22 and 108.225, subject to rules
9promulgated by the department.
SB70-AA1,108,1010 4. The department may not collect any interest on any benefit overpayment.
SB70-AA1,108,12 11(10) Prohibited acts. (a) No person may interfere with, restrain, or deny the
12exercise of any right provided under this section.
SB70-AA1,108,1713 (b) No person may discharge or otherwise discriminate against any person for
14exercising any right provided under this section, opposing a practice prohibited
15under this section, filing a complaint or attempting to enforce any right provided
16under this section, or testifying or assisting in any action or proceeding to enforce any
17right provided under this section.
SB70-AA1,108,2118 (c) No collective bargaining agreement or employer policy may diminish or
19abridge an employee's rights under this section. Any agreement purporting to waive
20or modify an employee's rights under this section is void as against public policy and
21unenforceable.
SB70-AA1,109,9 22(11) Enforcement. (a) Any person who believes that his or her rights under
23this section have been interfered with, restrained, or denied in violation of sub. (10)
24(a) or that he or she has been discharged or otherwise discriminated against in
25violation of sub. (10) (b) may, within 30 days after the violation occurs or the person

1should reasonably have known that the violation occurred, whichever is later, file a
2complaint with the department alleging the violation, and the department shall
3process the complaint in the same manner as complaints filed under s. 103.10 (12)
4(b) are processed. If the department finds that an employer has violated sub. (10) (a)
5to (c), the department may order the employer to take action to remedy the violation,
6including providing the requested family leave or medical leave, reinstating an
7employee, providing back pay accrued not more than 2 years before the complaint
8was filed, and, notwithstanding s. 814.04 (1), paying reasonable actual attorney fees
9to the complainant.
SB70-AA1,109,1410 (b) After the completion of an administrative proceeding under par. (a),
11including judicial review, an employee or the department may bring an action in
12circuit court against an employer to recover damages caused by a violation of sub.
13(10) (a) to (c). Section 103.10 (13) (b) applies to the commencement of an action under
14this paragraph.
SB70-AA1,109,17 15(12) Administration. The department shall administer the family and medical
16leave benefits insurance program under this section. In administering the program,
17the department shall do all of the following:
SB70-AA1,109,1918 (a) Establish procedures and forms for the filing of claims for benefits under
19this section.
SB70-AA1,109,2120 (b) Establish procedures and forms for collecting contributions from
21self-employed individuals.
SB70-AA1,109,2222 (c) Promulgate rules to implement this section.
SB70-AA1,109,2523 (d) Use information sharing and integration technology to facilitate the
24exchange of information as necessary for the department to perform its duties under
25this section.
SB70-AA1,110,6
1(e) By September 1 of each year, submit a report to the governor, the joint
2committee on finance, and the appropriate standing committees of the legislature
3under s. 13.172 (3) on the family and medical leave benefits insurance program under
4this section. The report shall include the projected and actual rates of participation
5in the program, the premium rates for coverage under the program, and the balance
6in the family and medical leave benefits insurance trust fund under s. 25.52.
SB70-AA1,110,12 7(13) Records. (a) The records made or maintained by the department in
8connection with the administration of this section are confidential and shall be open
9to public inspection or disclosure only to the extent that the department allows in the
10interest of the family and medical leave benefits insurance program. No person may
11allow inspection or disclosure of any record provided by the department unless the
12department authorizes the inspection or disclosure.
SB70-AA1,110,1813 (b) The department may provide records made or maintained by the
14department in connection with the administration of this section to any
15governmental unit, corresponding unit in the government of another state, or any
16unit of the federal government. No such unit may allow inspection or disclosure of
17any record provided by the department unless the department authorizes the
18inspection or disclosure.
SB70-AA1,111,219 (c) Upon request of the department of revenue, the department may provide
20information, including social security numbers, concerning covered individuals to
21the department of revenue for the purpose of administering state taxes, identifying
22fraudulent tax returns, providing information for tax-related prosecutions, or
23locating persons or the assets of persons who have failed to file tax returns, who have
24underreported their taxable income, or who are delinquent debtors. The department

1of revenue shall adhere to the limitation on inspection and disclosure of the
2information under par. (b).
SB70-AA1,111,7 3(14) Benefit amount adjustment. On April 1 of each year, the department may
4adjust the maximum weekly benefit payment to 90 percent of the state average
5weekly earnings, which becomes effective on October 1 of that year. The department
6shall annually have the adjusted amount of the maximum weekly benefit payment
7published in the Wisconsin Administrative Register.
SB70-AA1,111,12 8(15) Notice posted. Each employer shall post, on its website and in one or more
9conspicuous places where notices to employees are customarily posted, a notice in a
10form approved by the department setting forth employees' rights under this section
11and any adjustment to benefits as provided in sub. (14). Any employer that violates
12this subsection shall forfeit not more than $100 for each violation.
SB70-AA1,216 13Section 216. 103.12 of the statutes is repealed.
SB70-AA1,217 14Section 217. 103.135 of the statutes is created to read:
SB70-AA1,111,18 15103.135 Compensation information of employees and prospective
16employees.
(1) Unlawful employer conduct related to prospective employee
17compensation information.
(a) No employer may directly or indirectly do any of the
18following:
SB70-AA1,111,2119 1. Rely on or, subject to par. (b), solicit from a prospective employee or a
20prospective employee's current or former employer information about the
21prospective employee's current or prior compensation.
SB70-AA1,111,2422 2. Require that a prospective employee's current or prior compensation meet
23certain criteria in order for the prospective employee to be considered for
24employment.
SB70-AA1,112,6
13. Refuse to hire or employ or otherwise discriminate against a prospective
2employee in compensation or in the terms, conditions, or privileges of employment
3for opposing a practice prohibited under this paragraph, filing or indicating an intent
4to file a complaint or otherwise attempting to enforce any right under this paragraph,
5or testifying, assisting, or participating in any manner in any investigation, action,
6or proceeding to enforce any right under this paragraph.
SB70-AA1,112,107 (b) After an employer has offered employment to a prospective employee and
8the details of compensation have been agreed upon, the employer may obtain the
9prospective employee's written consent for the employer to solicit information about,
10or take action to confirm, the prospective employee's current or prior compensation.
SB70-AA1,112,14 11(2) Disclosure of compensation information by employees. (a) An employee
12may disclose the details of the employee's compensation to anyone and, subject to par.
13(d), may discuss the compensation of other employees of the same employer and may
14ask other employees of the same employer for details regarding their compensation.
SB70-AA1,112,1715 (b) Except as provided in par. (d), no employer may interfere with, restrain, or
16deny the exercise of the right of an employee to disclose, discuss, or inquire about
17compensation as provided in par. (a).
SB70-AA1,112,2418 (c) An employer may not discharge or discriminate against an employee in
19promotion, in compensation, or in the terms, conditions, or privileges of employment
20for disclosing, discussing, or inquiring about compensation as provided in par. (a),
21opposing a practice prohibited under par. (b), filing or indicating an intent to file a
22complaint or otherwise attempting to enforce any right under par. (a), or testifying,
23assisting, or participating in any manner in any investigation, action, or proceeding
24to enforce any right under par. (a).
SB70-AA1,113,5
1(d) Subject to s. 19.35, an employer may prohibit a human resources or payroll
2employee, a supervisor, or any other employee whose job responsibilities require or
3allow the employee access to other employees' compensation information from
4disclosing information about any other employee's compensation without that
5employee's prior written consent.
SB70-AA1,113,15 6(3) Enforcement. Any employee or prospective employee who is refused
7employment, terminated, discharged, or otherwise discriminated against in
8violation of sub. (1) (a) or (2) (a) to (c) may file a complaint with the department, and
9the department shall process the complaint in the same manner that employment
10discrimination complaints are processed under s. 111.39. If the department finds
11that a violation has occurred, the department may order the employer to take action
12to remedy the violation, including reinstating the employee, providing compensation
13in lieu of reinstatement, providing back pay accrued not more than 2 years before the
14complaint was filed, and paying reasonable actual costs and, notwithstanding s.
15814.04 (1), reasonable attorney fees to the complainant.
SB70-AA1,113,17 16(4) Notice posted. (a) Each employer shall provide notice to employees and
17prospective employees of their rights under this section by doing all of the following:
SB70-AA1,113,2018 1. Posting, in one or more conspicuous places where notices to employees are
19customarily posted, a notice in a form approved by the department setting forth
20employees' and prospective employees' rights under this section.
SB70-AA1,113,2321 2. Including, on each listing for a job vacancy or other employment opportunity
22that is advertised by email, posting on a website, or other electronic means, a notice
23that includes all of the following information:
SB70-AA1,114,224 a. A statement that the employer is prohibited from relying on a prospective
25employee's current or former compensation when determining whether to make an

1offer of employment or setting compensation or when making an offer of
2employment.
SB70-AA1,114,53 b. A statement that the employer is prohibited from asking about a prospective
4employee's compensation until after the employer has offered the prospective
5employee employment and they have agreed upon the details of compensation.
SB70-AA1,114,86 c. A statement that the employer is prohibited from requiring that a
7prospective employee's current or prior compensation meet certain criteria in order
8for the prospective employee to be considered for employment.
SB70-AA1,114,109 d. Information, or a hyperlink to information, regarding prohibited bases of
10discrimination under subch. II of ch. 111.
SB70-AA1,114,1211 (b) Any employer that violates par. (a) shall forfeit not more than $100 for each
12offense.
SB70-AA1,218 13Section 218. 103.36 of the statutes is repealed.
SB70-AA1,219 14Section 219. 103.49 of the statutes is created to read:
SB70-AA1,114,15 15103.49 Wage rate on state work. (1) Definitions. In this section:
SB70-AA1,114,2416 (a) “Area" means the county in which a proposed project of public works that
17is subject to this section is located or, if the department determines that there is
18insufficient wage data in that county, “area" means those counties that are
19contiguous to that county or, if the department determines that there is insufficient
20wage data in those counties, “area" means those counties that are contiguous to those
21counties or, if the department determines that there is insufficient wage data in those
22counties, “area" means the entire state or, if the department is requested to review
23a determination under sub. (3) (c), “area" means the city, village, or town in which
24a proposed project of public works that is subject to this section is located.
SB70-AA1,115,6
1(am) “Bona fide economic benefit" means an economic benefit for which an
2employer makes irrevocable contributions to a trust or fund created under 29 USC
3186
(c) or to any other bona fide plan, trust, program, or fund no less often than
4quarterly or, if an employer makes annual contributions to such a bona fide plan,
5trust, program, or fund, for which the employer irrevocably escrows moneys at least
6quarterly based on the employer's expected annual contribution.
SB70-AA1,115,107 (b) “Hourly basic rate of pay" means the hourly wage paid to any employee,
8excluding any contributions or payments for health insurance benefits, vacation
9benefits, pension benefits, and any other bona fide economic benefits, whether paid
10directly or indirectly.
SB70-AA1,115,1311 (bg) “Insufficient wage data" means less than 500 hours of work performed in
12a particular trade or occupation on projects that are similar to a proposed project of
13public works that is subject to this section.
SB70-AA1,115,1914 (bj) “Minor service or maintenance work" means a project of public works that
15is limited to minor crack filling, chip or slurry sealing, or other minor pavement
16patching, not including overlays, that has a projected life span of no longer than 5
17years; cleaning of drainage or sewer ditches or structures; or any other limited, minor
18work on public facilities or equipment that is routinely performed to prevent
19breakdown or deterioration.
SB70-AA1,115,2220 (br) “Multiple-trade project of public works" means a project of public works
21in which no single trade accounts for 85 percent or more of the total labor cost of the
22project.
SB70-AA1,115,2523 (c) “Prevailing hours of labor" for any trade or occupation in any area means
2410 hours per day and 40 hours per week and may not include any hours worked on
25a Saturday or Sunday or on any of the following holidays:
SB70-AA1,116,1
11. January 1.
SB70-AA1,116,22 2. The last Monday in May.
SB70-AA1,116,33 3. July 4.
SB70-AA1,116,44 4. The first Monday in September.
SB70-AA1,116,55 5. The 4th Thursday in November.
SB70-AA1,116,66 6. December 25.
SB70-AA1,116,77 7. The day before if January 1, July 4, or December 25 falls on a Saturday.
SB70-AA1,116,88 8. The day following if January 1, July 4, or December 25 falls on a Sunday.
SB70-AA1,116,149 (d) 1. Except as provided in subd. 2., “prevailing wage rate" for any trade or
10occupation engaged in the erection, construction, remodeling, repairing, or
11demolition of any project of public works in any area means the hourly basic rate of
12pay, plus the hourly contribution for health insurance benefits, vacation benefits,
13pension benefits, and any other bona fide economic benefit, paid directly or indirectly
14for a majority of the hours worked in the trade or occupation on projects in the area.
SB70-AA1,116,2415 2. If there is no rate at which a majority of the hours worked in the trade or
16occupation on projects in the area is paid, “prevailing wage rate" for any trade or
17occupation engaged in the erection, construction, remodeling, repairing, or
18demolition of any project of public works in any area means the average hourly basic
19rate of pay, weighted by the number of hours worked, plus the average hourly
20contribution, weighted by the number of hours worked, for health insurance benefits,
21vacation benefits, pension benefits, and any other bona fide economic benefit, paid
22directly or indirectly for all hours worked at the hourly basic rate of pay of the
23highest-paid 51 percent of hours worked in that trade or occupation on projects in
24that area.
SB70-AA1,117,3
1(em) “Single-trade project of public works" means a project of public works in
2which a single trade accounts for 85 percent or more of the total labor cost of the
3project.
SB70-AA1,117,94 (f) “State agency" means any office, department, independent agency,
5institution of higher education, association, society, or other body in state
6government created or authorized to be created by the constitution or any law,
7including the legislature and the courts. “State agency" also includes the University
8of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System
9Authority, and the Wisconsin Aerospace Authority.
SB70-AA1,117,1410 (fm) “Supply and installation contract" means a contract under which the
11material is installed by the supplier, the material is installed by means of simple
12fasteners or connectors such as screws or nuts and bolts, and no other work is
13performed on the site of the project of public works, and the total labor cost to install
14the material does not exceed 20 percent of the total cost of the contract.
SB70-AA1,117,1515 (g) “Truck driver" includes an owner-operator of a truck.
SB70-AA1,117,18 16(1m) Applicability. Subject to sub. (3g), this section applies to any project of
17public works erected, constructed, repaired, remodeled, or demolished for the state
18or a state agency, including all of the following:
SB70-AA1,117,2119 (a) A project erected, constructed, repaired, remodeled, or demolished by one
20state agency for another state agency under any contract or under any statute
21specifically authorizing cooperation between state agencies.
SB70-AA1,117,2522 (b) A project in which the completed facility is leased, purchased, lease
23purchased, or otherwise acquired by, or dedicated to, the state in lieu of the state or
24a state agency contracting for the erection, construction, repair, remodeling, or
25demolition of the facility.
SB70-AA1,118,3
1(c) A sanitary sewer or water main project in which the completed sanitary
2sewer or water main is acquired by, or dedicated to, the state for ownership or
3maintenance by the state.
SB70-AA1,118,25 4(2) Prevailing wage rates and hours of labor. Any contract made for the
5erection, construction, remodeling, repairing, or demolition of any project of public
6works to which the state or any state agency is a party shall contain a stipulation that
7no individual performing the work described in sub. (2m) may be allowed to work a
8greater number of hours per day or per week than the prevailing hours of labor,
9except that any such individual may be allowed or required to work more than such
10prevailing hours of labor per day and per week if he or she is paid for all hours worked
11in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly
12basic rate of pay; nor may he or she be paid less than the prevailing wage rate
13determined under sub. (3) in the same or most similar trade or occupation in the area
14in which the project of public works is situated. The notice published for the purpose
15of securing bids for the project must contain a reference to the prevailing wage rates
16determined under sub. (3) and the prevailing hours of labor. Except as otherwise
17provided in this subsection, if any contract or subcontract for a project of public works
18that is subject to this section is entered into, the prevailing wage rates determined
19under sub. (3) and the prevailing hours of labor shall be physically incorporated into
20and made a part of the contract or subcontract. For a minor subcontract, as
21determined by the department, the department shall prescribe by rule the method
22of notifying the minor subcontractor of the prevailing wage rates and prevailing
23hours of labor applicable to the minor subcontract. The prevailing wage rates and
24prevailing hours of labor applicable to a contract or subcontract may not be changed
25during the time that the contract or subcontract is in force.
SB70-AA1,119,6
1(2m) Covered employees. (a) Subject to par. (b), any person subject to this
2section shall pay all of the following employees the prevailing wage rate determined
3under sub. (3) and may not allow such employees to work a greater number of hours
4per day or per week than the prevailing hours of labor, unless the person pays for all
5hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times
6the employees' hourly basic rate of pay:
SB70-AA1,119,87 1. All laborers, workers, mechanics, and truck drivers employed on the site of
8a project of public works that is subject to this section.
SB70-AA1,119,149 2. All laborers, workers, mechanics, and truck drivers employed in the
10manufacturing or furnishing of materials, articles, supplies, or equipment on the site
11of a project of public works that is subject to this section or from a facility dedicated
12exclusively, or nearly so, to a project of public works that is subject to this section by
13a contractor, subcontractor, agent, or other person performing any work on the site
14of the project.
SB70-AA1,119,2215 (b) A laborer, worker, mechanic, or truck driver who is employed to process,
16manufacture, pick up, or deliver materials or products from a commercial
17establishment that has a fixed place of business from which the establishment
18supplies processed or manufactured materials or products or from a facility that is
19not dedicated exclusively, or nearly so, to a project of public works that is subject to
20this section is not entitled to receive the prevailing wage rate determined under sub.
21(3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours
22worked in excess of the prevailing hours of labor unless any of the following applies:
SB70-AA1,120,223 1. The laborer, worker, mechanic, or truck driver is employed to go to the source
24of mineral aggregate such as sand, gravel, or stone and deliver that mineral
25aggregate 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.
SB70-AA1,120,63 2. 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.
SB70-AA1,120,97 (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.
Loading...
Loading...