Amendment AA6-ASA2-AB50

AB50-ASA2-AA6,84,14 2. In an action under subd. 1., if the circuit court finds that a violation of sub. (4) (a) or (b) has occurred with respect to an employee, the circuit court shall order the defendant to pay to the employee all of the following:

AB50-ASA2-AA6,84,16 a. Compensatory damages in an amount that the circuit court or jury finds appropriate.

AB50-ASA2-AA6,84,21 b. Unless the employer proves that the employer acted in good faith and had a reasonable basis for believing that the act or omission that constituted the violation was not a violation of this section, an additional amount as liquidated damages equal to 100 percent of the amount of compensatory damages determined under subd. 2. a.

AB50-ASA2-AA6,84,23 c. Notwithstanding s. 814.04 (1), reasonable attorney fees and costs incurred in the action.

AB50-ASA2-AA6,85,2 3. Damages awarded under subd. 2. are in addition to any back pay or other amounts awarded under s. 111.39 or 111.395.

AB50-ASA2-AA6,85,6 (6) Penalties. In addition to any damages imposed under sub. (5), an employer that willfully violates this section may be required to forfeit not more than $1,000 for each violation. Each day of continued violation constitutes a separate offense.

AB50-ASA2-AA6,85,10 (7) Notice posted. An employer shall post, in one or more conspicuous places where notices to employees are customarily posted, a notice in a form approved by the department setting forth employees’ rights under this section. An employer that violates this subsection shall forfeit not more than $100 for each violation.

AB50-ASA2-AA6,173 Section 173. 111.322 (2m) (a) of the statutes is amended to read:

AB50-ASA2-AA6,85,15 111.322 (2m) (a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.035, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB50-ASA2-AA6,174 Section 174. 111.322 (2m) (b) of the statutes is amended to read:

AB50-ASA2-AA6,85,20 111.322 (2m) (b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.035, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB50-ASA2-AA6,9150 Section 9150. Nonstatutory provisions; Workforce Development.

AB50-ASA2-AA6,86,7 (1) Predictable work schedules for retail, food service, and cleaning employees; transitional provisions. No later than the effective date of this subsection, an employer, as defined in s. 103.035 (1) (e), shall provide each service employee, as defined in s. 103.035 (1) (L), with a written copy of the service employee’s work schedule, as defined in s. 103.035 (1) (o). That work schedule is considered a work schedule provided to a service employee under s. 103.035 (3) (a) 2. for all purposes under s. 103.035, including that the employer shall post a copy of the work schedule as provided in s. 103.035 (3) (a) 3., and, if the employer changes that work schedule, s. 103.035 (3) (a) 2. applies to that change.

AB50-ASA2-AA6,9350 Section 9350. Initial applicability; Workforce Development.

AB50-ASA2-AA6,86,13 (1) Predictable work schedules for retail, food service, and cleaning employees. The treatment of s. 103.035 first applies to an employee who is covered by a collective bargaining agreement that contains provisions inconsistent with s. 103.035 on the day on which the collective bargaining agreement expires or is extended, modified, or renewed, whichever occurs first.

AB50-ASA2-AA6,9450 Section 9450. Effective dates; Workforce Development.

AB50-ASA2-AA6,86,17 (1) Predictable work schedules for retail, food service, and cleaning employees. The treatment of s. 103.035 takes effect on the first day of the 6th month beginning after publication.”.

AB50-ASA2-AA6,86,18 16. At the appropriate places, insert all of the following:

AB50-ASA2-AA6,86,19 “Section 175. 111.01 of the statutes is created to read:

AB50-ASA2-AA6,86,22 111.01 Declaration of policy. The public policy of the state as to employment relations and collective bargaining, in the furtherance of which this subchapter is enacted, is declared to be as follows:

AB50-ASA2-AA6,87,3 (1) It recognizes that there are 3 major interests involved, namely: the public, the employee, and the employer. These 3 interests are to a considerable extent interrelated. It is the policy of the state to protect and promote each of these interests with due regard to the situation and to the rights of the others.

AB50-ASA2-AA6,87,18 (2) Industrial peace, regular and adequate income for the employee, and uninterrupted production of goods and services are promotive of all of these interests. They are largely dependent upon the maintenance of fair, friendly, and mutually satisfactory employment relations and the availability of suitable machinery for the peaceful adjustment of whatever controversies may arise. It is recognized that certain employers, including farmers, farmer cooperatives, and unincorporated farmer cooperative associations, in addition to their general employer problems, face special problems arising from perishable commodities and seasonal production that require adequate consideration. It is also recognized that whatever may be the rights of disputants with respect to each other in any controversy regarding employment relations, they should not be permitted, in the conduct of their controversy, to intrude directly into the primary rights of 3rd parties to earn a livelihood, transact business, and engage in the ordinary affairs of life by any lawful means and free from molestation, interference, restraint, or coercion.

AB50-ASA2-AA6,87,23 (3) Negotiations of terms and conditions of work should result from voluntary agreement between employer and employee. For the purpose of such negotiation an employee has the right, if the employee desires, to associate with others in organizing and bargaining collectively through representatives of the employee’s own choosing, without intimidation or coercion from any source.

AB50-ASA2-AA6,88,7 (4) It is the policy of the state, in order to preserve and promote the interests of the public, the employee, and the employer alike, to establish standards of fair conduct in employment relations and to provide a convenient, expeditious, and impartial tribunal by which these interests may have their respective rights and obligations adjudicated. While limiting individual and group rights of aggression and defense, the state substitutes processes of justice for the more primitive methods of trial by combat.

AB50-ASA2-AA6,176 Section 176. 111.04 (1) and (2) of the statutes are consolidated, renumbered 111.04 and amended to read:

AB50-ASA2-AA6,88,17 111.04 Rights of employees. Employees shall have the right of self- organization and the right to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection. (2) Employees shall also have the right to refrain from self- organization; forming, joining, or assisting labor organizations; bargaining collectively through representatives; or engaging in activities for the purpose of collective bargaining or other mutual aid or protection such activities.

AB50-ASA2-AA6,177 Section 177. 111.04 (3) of the statutes is repealed.

AB50-ASA2-AA6,178 Section 178. 111.06 (1) (c) of the statutes is amended to read:

AB50-ASA2-AA6,90,2 111.06 (1) (c) To encourage or discourage membership in any labor organization, employee agency, committee, association, or representation plan by discrimination in regard to hiring, tenure, or other terms or conditions of employment except in a collective bargaining unit where an all-union agreement is in effect. An employer may enter into an all-union agreement with the voluntarily recognized representative of the employees in a collective bargaining unit, where at least a majority of such employees voting have voted affirmatively, by secret ballot, in favor of the all-union agreement in a referendum conducted by the commission, except that where the bargaining representative has been certified by either the commission or the national labor relations board as the result of a representation election, no referendum is required to authorize the entry into an all-union agreement. An authorization of an all-union agreement continues, subject to the right of either party to the all-union agreement to petition the commission to conduct a new referendum on the subject. Upon receipt of the petition, if the commission determines there is reasonable ground to believe that the employees concerned have changed their attitude toward the all-union agreement, the commission shall conduct a referendum. If the continuance of the all-union agreement is supported on a referendum by a vote at least equal to that provided in this paragraph for its initial authorization, it may continue, subject to the right to petition for a further vote by the procedure under this paragraph. If the continuance of the all-union agreement is not supported on a referendum, it terminates at the expiration of the contract of which it is then a part or at the end of one year from the date of the announcement by the commission of the result of the referendum, whichever is earlier. The commission shall declare any all-union agreement terminated whenever it finds that the labor organization involved has unreasonably refused to receive as a member any employee of such employer. An interested person may, as provided in s. 111.07, request the commission to perform this duty.

AB50-ASA2-AA6,179 Section 179. 111.06 (1) (e) of the statutes is amended to read:

AB50-ASA2-AA6,90,6 111.06 (1) (e) To bargain collectively with the representatives of less than a majority of the employer’s employees in a collective bargaining unit, or to enter into an all-union agreement except in the manner provided in par. (c).

AB50-ASA2-AA6,180 Section 180. 111.06 (1) (i) of the statutes is amended to read:

AB50-ASA2-AA6,90,14 111.06 (1) (i) To deduct labor organization dues or assessments from an employee’s earnings, unless the employer has been presented with an individual order therefor, signed by the employee personally, and terminable at the end of any year of its life by the employee giving to the employer at least 30 days’ written notice of the termination. This paragraph applies to the extent permitted under federal law unless there is an all-union agreement in effect. The employer shall give notice to the labor organization of receipt of a notice of termination.

AB50-ASA2-AA6,181 Section 181. 947.20 of the statutes is repealed.”.

AB50-ASA2-AA6,90,16 17. At the appropriate places, insert all of the following:

AB50-ASA2-AA6,90,17 “Section 182. 66.0134 of the statutes is repealed.

AB50-ASA2-AA6,183 Section 183. 66.0408 (2) (d) of the statutes is repealed.

AB50-ASA2-AA6,184 Section 184. 103.007 of the statutes is repealed.

AB50-ASA2-AA6,185 Section 185. 103.12 of the statutes is repealed.

AB50-ASA2-AA6,186 Section 186. 103.36 of the statutes is repealed.

AB50-ASA2-AA6,187 Section 187. 104.001 (3) of the statutes is created to read:

AB50-ASA2-AA6,91,5 104.001 (3) This section does not affect an ordinance that, subject to s. 66.0903, requires an employee of a city, village, town, or county, an employee who performs work under a contract for the provision of services to a city, village, town, or county, or an employee who performs work that is funded by financial assistance from a city, village, town, or county to be paid at a minimum wage rate specified in the ordinance.

AB50-ASA2-AA6,188 Section 188. 109.09 (3) of the statutes is repealed.

AB50-ASA2-AA6,189 Section 189. 947.21 of the statutes is repealed.”.

AB50-ASA2-AA6,91,8 18. At the appropriate places, insert all of the following:

AB50-ASA2-AA6,91,16 “Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated:

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AB50-ASA2-AA6,2 Section 2. 20.445 (1) (ra) of the statutes is amended to read:

AB50-ASA2-AA6,92,9 20.445 (1) (ra) Worker’s compensation operations fund; administration. From the worker’s compensation operations fund, the amounts in the schedule for the administration of the worker’s compensation program by the department, for assistance to the department of justice in investigating and prosecuting fraudulent activity related to worker’s compensation, for transfer to the uninsured employers fund under s. 102.81 (1) (c), and for transfer to the appropriation accounts under par. (rp) and s. 20.427 (1) (ra). All moneys received under ss. 102.28 (2) (b) and 102.75 (1) shall be credited to this appropriation account. From this appropriation, an amount not to exceed $5,000 may be expended each fiscal year for payment of expenses for travel and research by the council on worker’s compensation, an amount not to exceed $500,000 may be transferred in each fiscal year to the uninsured employers fund under s. 102.81 (1) (c), the amount in the schedule under par. (rp) shall be transferred to the appropriation account under par. (rp), and the amount in the schedule under s. 20.427 (1) (ra) shall be transferred to the appropriation account under s. 20.427 (1) (ra).

AB50-ASA2-AA6,3 Section 3. 20.445 (1) (rr) of the statutes is created to read:

AB50-ASA2-AA6,92,15 20.445 (1) (rr) Worker’s compensation operations fund; special assessment insurer reimbursements. From the worker’s compensation operations fund, the amounts in the schedule for providing reimbursement to insurance carriers paying supplemental benefits under s. 102.44 (1) (c). All moneys received under s. 102.75 (1g) shall be credited to this appropriation account.

AB50-ASA2-AA6,4 Section 4. 102.75 (1m) of the statutes is amended to read:

AB50-ASA2-AA6,92,22 102.75 (1m) The moneys collected under subs. (1) and (1g) and under ss. 102.28 (2) and 102.31 (7), together with all accrued interest, shall constitute a separate nonlapsible fund designated as the worker’s compensation operations fund. Moneys in the fund may be expended only as provided in ss. 20.427 (1) (ra) and 20.445 (1) (ra), (rb), and (rp), and (rr) and may not be used for any other purpose of the state.

AB50-ASA2-AA6,9250 Section 9250. Fiscal changes; Workforce Development.

AB50-ASA2-AA6,93,3 (1) Work injury supplemental benefits fund. On the effective date of this subsection, there is transferred from the appropriation account under s. 20.445 (1) (t) to the appropriation account under s. 20.445 (1) (rr) the unencumbered balance of the amount collected under s. 102.75 (1g).”.

AB50-ASA2-AA6,93,4 19. At the appropriate places, insert all of the following:

AB50-ASA2-AA6,93,5 “Section 9250. Fiscal changes; Workforce Development.

AB50-ASA2-AA6,93,13 (1) Hotline for employers. In the schedule under s. 20.005 (3) for the appropriation to the department of workforce development under s. 20.445 (1) (a), the dollar amount for fiscal year 2025-26 is increased by $64,000 to increase the authorized FTE positions for the department by 1.0 GPR employment and training specialist position to staff the hotline under s. 106.361. In the schedule under s. 20.005 (3) for the appropriation to the department of workforce development under s. 20.445 (1) (a), the dollar amount for fiscal year 2026-27 is increased by $82,800 to provide funding for the position authorized under this subsection.

AB50-ASA2-AA6,93,22 (2) Career navigators. In the schedule under s. 20.005 (3) for the appropriation to the department of workforce development under s. 20.445 (1) (a), the dollar amount for fiscal year 2025-26 is increased by $710,600 to increase the authorized FTE positions for the department by 11.0 GPR employment and training specialist positions to provide career navigator services. In the schedule under s. 20.005 (3) for the appropriation to the department of workforce development under s. 20.445 (1) (a), the dollar amount for fiscal year 2026-27 is increased by $910,800 to provide funding for the positions authorized under this subsection.

AB50-ASA2-AA6,94,7 (3) Vocational rehabilitation worker connection program. (a) State funding. In the schedule under s. 20.005 (3) for the appropriation to the department of workforce development under s. 20.445 (5) (a), the dollar amount for fiscal year 2025-26 is increased by $6,356,900 to increase the authorized FTE positions for the department by 1.15 GPR vocational rehabilitation services positions and provide funding for those services. In the schedule under s. 20.005 (3) for the appropriation to the department of workforce development under s. 20.445 (5) (a), the dollar amount for fiscal year 2026-27 is increased by $9,059,000 to provide funding for the positions and services authorized under this subsection.

AB50-ASA2-AA6,94,15 (b) Federal funding. In the schedule under s. 20.005 (3) for the appropriation to the department of workforce development under s. 20.445 (5) (n), the dollar amount for fiscal year 2025-26 is increased by $287,900 to increase the authorized FTE positions for the department by 3.85 FED vocational rehabilitation services positions and provide funding for those services. In the schedule under s. 20.005 (3) for the appropriation to the department of workforce development under s. 20.445 (5) (n), the dollar amount for fiscal year 2026-27 is increased by $20,564,300 to provide funding for the positions and services authorized under this subsection.

AB50-ASA2-AA6,94,23 (4) Technical education equipment grants. In the schedule under s. 20.005 (3) for the appropriation to the department of workforce development under s. 20.445 (1) (cg), the dollar amount for fiscal year 2025-26 is increased by $200,000 to provide increased funding for the technical education equipment grants under s. 106.275. In the schedule under s. 20.005 (3) for the appropriation to the department of workforce development under s. 20.445 (1) (cg), the dollar amount for fiscal year 2026-27 is increased by $200,000 to provide increased funding for the technical education equipment grants under s. 106.275.”.

AB50-ASA2-AA6,94,24 20. At the appropriate places, insert all of the following:

AB50-ASA2-AA6,95,1 “Section 190. 102.125 (1m) of the statutes is created to read:

AB50-ASA2-AA6,95,11 102.125 (1m) Application and premium fraud. If an insurer has evidence that an application for worker’s compensation insurance coverage is fraudulent or that an employer has committed fraud by misclassifying employees to lower the employer’s worker’s compensation insurance premiums in violation of s. 943.395, the insurer shall report the claim to the department. The department may require an insurer to investigate an allegedly fraudulent application or alleged fraud by misclassification of employees and may provide the insurer with any records of the department relating to that alleged fraud. An insurer that investigates alleged fraud under this subsection shall report the results of that investigation to the department.

AB50-ASA2-AA6,191 Section 191. 102.125 (2) of the statutes is amended to read:

AB50-ASA2-AA6,95,18 102.125 (2) Assistance by department of justice. The department of workforce development may request the department of justice to assist the department of workforce development in an investigation under sub. (1) or (1m) or in the investigation of any other suspected fraudulent activity on the part of an employer, employee, insurer, health care provider, or other person related to worker’s compensation.

AB50-ASA2-AA6,192 Section 192. 102.125 (3) of the statutes is amended to read:

AB50-ASA2-AA6,96,2 102.125 (3) Prosecution. If based on an investigation under sub. (1), (1m), or (2) the department has a reasonable basis to believe that a violation of s. 943.20, 943.38, 943.39, 943.392, 943.395, 943.40, or any other criminal law has occurred, the department shall refer the results of the investigation to the department of justice or to the district attorney of the county in which the alleged violation occurred for prosecution.

AB50-ASA2-AA6,193 Section 193. 102.16 (4) of the statutes is amended to read:

AB50-ASA2-AA6,96,11 102.16 (4) The department and the division have jurisdiction to pass on any question arising out of sub. (3) and to order the employer to reimburse an employee or other person for any sum deducted from wages or paid by him or her in violation of that subsection. In addition to the any penalty provided in s. 102.85 (1), any employer violating sub. (3) shall be liable to an injured employee for the reasonable value of the necessary services rendered to that employee under any arrangement made in violation of sub. (3) without regard to that employee’s actual disbursements for those services.

AB50-ASA2-AA6,194 Section 194. 102.82 (2) (a) (intro.) of the statutes is amended to read:

AB50-ASA2-AA6,96,16 102.82 (2) (a) (intro.) Except as provided in pars. (ag), (am), and (ar), all for a first or 2nd determination by the department that an employer was uninsured, an uninsured employers employer shall pay to the department the greater of the following:

AB50-ASA2-AA6,195 Section 195. 102.82 (2) (ab) of the statutes is created to read:

AB50-ASA2-AA6,96,20 102.82 (2) (ab) Except as provided in pars. (ag), (am), and (ar), for a 3rd determination by the department that an employer was uninsured, an uninsured employer shall pay to the department the greater of the following:

AB50-ASA2-AA6,97,2 1. Three times the amount determined by the department to equal what the uninsured employer would have paid during periods of illegal nonpayment for worker’s compensation in the preceding 3-year period, based on the employer’s payroll in the preceding 3 years.

AB50-ASA2-AA6,97,3 2. Three thousand dollars.

AB50-ASA2-AA6,196 Section 196. 102.82 (2) (ad) of the statutes is created to read:

AB50-ASA2-AA6,97,7 102.82 (2) (ad) Except as provided in pars. (ag), (am), and (ar), for a 4th or subsequent determination by the department that an employer was uninsured, an uninsured employer shall pay to the department the greater of the following:

AB50-ASA2-AA6,97,11 1. Four times the amount determined by the department to equal what the uninsured employer would have paid during periods of illegal nonpayment for worker’s compensation in the preceding 3-year period, based on the employer’s payroll in the preceding 3 years.

AB50-ASA2-AA6,97,12 2. Four thousand dollars.

AB50-ASA2-AA6,197 Section 197. 102.82 (2) (am) of the statutes is amended to read:

AB50-ASA2-AA6,97,17 102.82 (2) (am) The department may waive any payment owed under par. (a), (ab), or (ad) by an uninsured employer if the department determines that the uninsured employer is subject to this chapter only because the uninsured employer has elected to become subject to this chapter under s. 102.05 (2) or 102.28 (2).

AB50-ASA2-AA6,198 Section 198. 102.82 (2) (ar) of the statutes is amended to read:

AB50-ASA2-AA6,98,2 102.82 (2) (ar) The department may waive any payment owed under par. (a), (ab), (ad), or (ag) or sub. (1) if the department determines that the sole reason for the uninsured employer’s failure to comply with s. 102.28 (2) is that the uninsured employer was a victim of fraud, misrepresentation or gross negligence by an insurance agent or insurance broker or by a person whom a reasonable person would believe is an insurance agent or insurance broker.

AB50-ASA2-AA6,199 Section 199. 102.85 (1) of the statutes is repealed and recreated to read:

AB50-ASA2-AA6,98,7 102.85 (1) (a) If an employer has failed to comply with s. 102.16 (3) or 102.28 (2), the employer shall, for a first violation, forfeit the greater of $1,000 or the amount of the premium that would have been payable for each time the employer failed to comply with s. 102.16 (3) or 102.28 (2).

AB50-ASA2-AA6,98,11 (b) If an employer has failed to comply with s. 102.16 (3) or 102.28 (2), the employer shall, for a 2nd violation, forfeit the greater of $2,000 or 2 times the amount of the premium that would have been payable for each time the employer failed to comply with s. 102.16 (3) or 102.28 (2).

AB50-ASA2-AA6,98,15 (c) If an employer has failed to comply with s. 102.16 (3) or 102.28 (2), the employer shall, for a 3rd violation, forfeit the greater of $3,000 or 3 times the amount of the premium that would have been payable for each time the employer failed to comply with s. 102.16 (3) or 102.28 (2).