AB50-ASA2-AA6,180,522(1) General program operations. In the schedule under s. 20.005 (3) for the 23appropriation to the department of children and families under s. 20.437 (1) (a), the
1dollar amount for fiscal year 2025-26 is decreased by $55,300 to decrease 2authorized FTE positions by 0.35 position. In the schedule under s. 20.005 (3) for 3the appropriation to the department of children and families under s. 20.437 (1) (a), 4the dollar amount for fiscal year 2026-27 is decreased by $55,300 to decrease 5authorized FTE positions by 0.35 position. AB50-ASA2-AA6,180,126(2) Federal program operations. In the schedule under s. 20.005 (3) for the 7appropriation to the department of children and families under s. 20.437 (1) (n), the 8dollar amount for fiscal year 2025-26 is increased by $13,900 to increase authorized 9FTE positions by 0.10 position. In the schedule under s. 20.005 (3) for the 10appropriation to the department of children and families under s. 20.437 (1) (n), the 11dollar amount for fiscal year 2026-27 is increased by $13,900 to increase authorized 12FTE positions by 0.10 position. AB50-ASA2-AA6,180,1913(3) Milwaukee child welfare services; general program operations. In 14the schedule under s. 20.005 (3) for the appropriation to the department of children 15and families under s. 20.437 (1) (cw), the dollar amount for fiscal year 2025-26 is 16increased by $55,300 to increase authorized FTE positions by 0.35 position. In the 17schedule under s. 20.005 (3) for the appropriation to the department of children and 18families under s. 20.437 (1) (cw), the dollar amount for fiscal year 2026-27 is 19increased by $55,300 to increase authorized FTE positions by 0.35 position. AB50-ASA2-AA6,181,220(4) Federal aid for foster care and adoptions. In the schedule under s. 2120.005 (3) for the appropriation to the department of children and families under s. 2220.437 (1) (pd), the dollar amount for fiscal year 2025-26 is increased by $252,600 to 23increase authorized FTE positions by 1.35 positions. In the schedule under s. 2420.005 (3) for the appropriation to the department of children and families under s.
120.437 (1) (pd), the dollar amount for fiscal year 2026-27 is increased by $252,600 to 2increase authorized FTE positions by 1.35 positions. AB50-ASA2-AA6,181,93(5) Child welfare operations. In the schedule under s. 20.005 (3) for the 4appropriation to the department of children and families under s. 20.437 (1) (o), the 5dollar amount for fiscal year 2025-26 is decreased by $151,100 to decrease 6authorized FTE positions by 1.0 position. In the schedule under s. 20.005 (3) for the 7appropriation to the department of children and families under s. 20.437 (1) (o), the 8dollar amount for fiscal year 2026-27 is decreased by $151,100 to decrease 9authorized FTE positions by 1.0 position. AB50-ASA2-AA6,181,1610(6) Milwaukee child welfare operations. In the schedule under s. 20.005 11(3) for the appropriation to the department of children and families under s. 20.437 12(1) (mw), the dollar amount for fiscal year 2025-26 is increased by $69,800 to 13increase authorized FTE positions by 0.35 position. In the schedule under s. 20.005 14(3) for the appropriation to the department of children and families under s. 20.437 15(1) (mw), the dollar amount for fiscal year 2026-27 is increased by $69,800 to 16increase authorized FTE positions by 0.35 position. AB50-ASA2-AA6,181,2317(7) Social services block grant operations. In the schedule under s. 1820.005 (3) for the appropriation to the department of children and families under s. 1920.437 (1) (mc), the dollar amount for fiscal year 2025-26 is decreased by $43,800 to 20decrease authorized FTE positions by 0.10 position. In the schedule under s. 20.005 21(3) for the appropriation to the department of children and families under s. 20.437 22(1) (mc), the dollar amount for fiscal year 2026-27 is decreased by $43,800 to 23decrease authorized FTE positions by 0.10 position. AB50-ASA2-AA6,182,624(8) Child care block grant operations. In the schedule under s. 20.005 (3)
1for the appropriation to the department of children and families under s. 20.437 (1) 2(md), the dollar amount for fiscal year 2025-26 is decreased by $213,500 to decrease 3authorized FTE positions by 0.70 position. In the schedule under s. 20.005 (3) for 4the appropriation to the department of children and families under s. 20.437 (1) 5(md), the dollar amount for fiscal year 2026-27 is decreased by $213,500 to decrease 6authorized FTE positions by 0.70 position. AB50-ASA2-AA6,182,137(9) Administrative and support services. In the schedule under s. 20.005 8(3) for the appropriation to the department of children and families under s. 20.437 9(1) (m), the dollar amount for fiscal year 2025-26 is increased by $57,600 to 10administrative and support services. In the schedule under s. 20.005 (3) for the 11appropriation to the department of children and families under s. 20.437 (1) (m), 12the dollar amount for fiscal year 2026-27 is increased by $57,600 to administrative 13and support services.”. AB50-ASA2-AA6,183,21619.36 (12) Information relating to certain employees. Unless access is 17specifically authorized or required by statute, an authority may not provide access 18to a record prepared or provided by an employer performing work on a project to 19which s. 66.0903, 103.49, or 103.50 applies, or on which the employer is otherwise 20required to pay prevailing wages, if that record contains the name or other 21personally identifiable information relating to an employee of that employer, unless 22the employee authorizes the authority to provide access to that information. In this 23subsection, “personally identifiable information” does not include an employee’s
1work classification, hours of work, or wage or benefit payments received for work on 2such a project. AB50-ASA2-AA6,183,8466.0129 (5) Bids for construction. The nonprofit corporation shall let all 5contracts exceeding $1,000 for the construction, maintenance or repair of hospital 6facilities to the lowest responsible bidder after advertising for bids by the 7publication of a class 2 notice under ch. 985. Section Sections 66.0901 applies and 866.0903 apply to bids and contracts under this subsection. AB50-ASA2-AA6,3929Section 392. 66.0903 (1) (a), (am), (b), (cm), (dr), (em), (hm) and (im) of the 10statutes are created to read: AB50-ASA2-AA6,183,191166.0903 (1) (a) “Area” means the county in which a proposed project of public 12works that is subject to this section is located or, if the department determines that 13there is insufficient 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 16those counties or, if the department determines that there is insufficient wage data 17in those counties, “area” means the entire state or, if the department is requested to 18review a determination under sub. (3) (br), “area” means the city, village, or town in 19which a proposed project of public works that is subject to this section is located. AB50-ASA2-AA6,183,2020(am) “Bona fide economic benefit” has the meaning given in s. 103.49 (1) (am). AB50-ASA2-AA6,183,2121(b) “Department” means the department of workforce development. AB50-ASA2-AA6,183,2222(cm) “Insufficient wage data” has the meaning given in s. 103.49 (1) (bg). AB50-ASA2-AA6,184,823(dr) “Minor service or maintenance work” means a project of public works
1that is limited to minor crack filling, chip or slurry sealing, or other minor 2pavement patching, not including overlays, that has a projected life span of no 3longer than 5 years or that is performed for a town and is not funded under s. 86.31, 4regardless of projected life span; the depositing of gravel on an existing gravel road 5applied solely to maintain the road; road shoulder maintenance; cleaning of 6drainage or sewer ditches or structures; or any other limited, minor work on public 7facilities or equipment that is routinely performed to prevent breakdown or 8deterioration. AB50-ASA2-AA6,184,109(em) “Multiple-trade project of public works” has the meaning given in s. 10103.49 (1) (br). AB50-ASA2-AA6,184,1211(hm) “Single-trade project of public works” has the meaning given in s. 103.49 12(1) (em). AB50-ASA2-AA6,184,1413(im) “Supply and installation contract” has the meaning given in s. 103.49 (1) 14(fm). AB50-ASA2-AA6,184,171666.0903 (1) (c) “Hourly basic rate of pay” has the meaning given in s. 16.856 17103.49 (1) (b), 2015 stats. AB50-ASA2-AA6,184,201966.0903 (1) (f) “Prevailing hours of labor” has the meaning given in s. 16.856 20103.49 (1) (e), 2015 stats. (c). AB50-ASA2-AA6,39521Section 395. 66.0903 (1) (g) of the statutes is repealed and recreated to read: AB50-ASA2-AA6,184,232266.0903 (1) (g) “Prevailing wage rate” has the meaning given in s. 103.49 (1) 23(d). AB50-ASA2-AA6,185,3266.0903 (1) (j) “Truck driver” includes an owner-operator of a truck has the 3meaning given in s. 103.49 (1) (g). AB50-ASA2-AA6,185,19566.0903 (1m) (b) The legislature finds that the enactment of ordinances or 6other enactments by local governmental units requiring laborers, workers, 7mechanics, and truck drivers employed on projects of public works or on publicly 8funded private construction projects to be paid the prevailing wage rate and to be 9paid at least 1.5 times their hourly basic rate of pay for hours worked in excess of the 10prevailing hours of labor would be logically inconsistent with, would defeat the 11purpose of, and would go against the repeals spirit of this section and the repeal of 12s. 66.0904, 2009 stats., and s. 66.0903 (2) to (12), 2013 stats. Therefore, this section 13shall be construed as an enactment of statewide concern for the purposes of 14facilitating broader participation with respect to bidding on projects of public 15works, ensuring that wages accurately reflect market conditions, providing local 16governments with the flexibility to reduce costs on capital projects, and reducing 17spending at all levels of government in this state purpose of providing uniform 18prevailing wage rate and prevailing hours of labor requirements throughout the 19state. AB50-ASA2-AA6,39820Section 398. 66.0903 (2) to (12) of the statutes are created to read: AB50-ASA2-AA6,185,232166.0903 (2) Applicability. Subject to sub. (5), this section applies to any 22project of public works erected, constructed, repaired, remodeled, or demolished for 23a local governmental unit, including all of the following: AB50-ASA2-AA6,186,1
1(a) A highway, street, bridge, building, or other infrastructure project. AB50-ASA2-AA6,186,52(b) A project erected, constructed, repaired, remodeled, or demolished by one 3local governmental unit for another local governmental unit under a contract under 4s. 66.0301 (2), 83.03, 83.035, or 86.31 (2) (b) or under any other statute specifically 5authorizing cooperation between local governmental units. AB50-ASA2-AA6,186,96(c) A project in which the completed facility is leased, purchased, lease 7purchased, or otherwise acquired by, or dedicated to, a local governmental unit in 8lieu of the local governmental unit contracting for the erection, construction, repair, 9remodeling, or demolition of the facility. AB50-ASA2-AA6,186,1310(d) A road, street, bridge, sanitary sewer, or water main project in which the 11completed road, street, bridge, sanitary sewer, or water main is acquired by, or 12dedicated to, a local governmental unit, including under s. 236.13 (2), for ownership 13or maintenance by the local governmental unit. AB50-ASA2-AA6,187,214(3) Prevailing wage rates and hours of labor. (am) A local governmental 15unit, before making a contract by direct negotiation or soliciting bids on a contract 16for the erection, construction, remodeling, repairing, or demolition of any project of 17public works, shall apply to the department to determine the prevailing wage rate 18for each trade or occupation required in the work contemplated. The department 19shall conduct investigations and hold public hearings as necessary to define the 20trades or occupations that are commonly employed on projects of public works that 21are subject to this section and to inform itself of the prevailing wage rates in all 22areas of the state for those trades or occupations, in order to determine the 23prevailing wage rate for each trade or occupation. The department shall issue its
1determination within 30 days after receiving the request and shall file the 2determination with the requesting local governmental unit. AB50-ASA2-AA6,187,93(ar) The department shall, by January 1 of each year, compile the prevailing 4wage rates for each trade or occupation in each area. The compilation shall, in 5addition to the current prevailing wage rates, include future prevailing wage rates 6when those prevailing wage rates can be determined for any trade or occupation in 7any area and shall specify the effective date of those future prevailing wage rates. 8If a project of public works extends into more than one area, the department shall 9determine only one standard of prevailing wage rates for the entire project. AB50-ASA2-AA6,187,1710(av) In determining prevailing wage rates under par. (am) or (ar), the 11department may not use data from projects that are subject to this section, s. 103.49 12or 103.50, or 40 USC 3142 unless the department determines that there is 13insufficient wage data in the area to determine those prevailing wage rates, in 14which case the department may use data from projects that are subject to this 15section, s. 103.49 or 103.50, or 40 USC 3142. In determining prevailing wage rates 16under par. (am) or (ar), the department may not use data from any construction 17work that is performed by a local governmental unit or a state agency. AB50-ASA2-AA6,188,318(bm) Any person may request a recalculation of any portion of an initial 19determination within 30 days after the initial determination date if the person 20submits evidence with the request showing that the prevailing wage rate for any 21given trade or occupation included in the initial determination does not represent 22the prevailing wage rate for that trade or occupation in the area. The evidence shall 23include wage rate information reflecting work performed by individuals working in
1the contested trade or occupation in the area during the current survey period. The 2department shall affirm or modify the initial determination within 15 days after 3the date on which the department receives the request for recalculation. AB50-ASA2-AA6,188,174(br) In addition to the recalculation under par. (bm), the local governmental 5unit that requested the determination under this subsection may request a review 6of any portion of a determination within 30 days after the date of issuance of the 7determination if the local governmental unit submits evidence with the request 8showing that the prevailing wage rate for any given trade or occupation included in 9the determination does not represent the prevailing wage rate for that trade or 10occupation in the city, village, or town in which the proposed project of public works 11is located. That evidence shall include wage rate information for the contested 12trade or occupation on at least 3 similar projects located in the city, village, or town 13where the proposed project of public works is located and on which some work has 14been performed during the current survey period and which were considered by the 15department in issuing its most recent compilation under par. (ar). The department 16shall affirm or modify the determination within 15 days after the date on which the 17department receives the request for review. AB50-ASA2-AA6,189,718(dm) A local governmental unit that is subject to this section shall include a 19reference to the prevailing wage rates determined by the department and to the 20prevailing hours of labor in the notice published for the purpose of securing bids for 21the project of public works. Except as otherwise provided in this paragraph, if any 22contract or subcontract for a project of public works is entered into, the prevailing 23wage rates determined by the department and the prevailing hours of labor shall be
1physically incorporated into and made a part of the contract or subcontract. For a 2minor subcontract, as determined by the department, the department shall 3prescribe by rule the method of notifying the minor subcontractor of the prevailing 4wage rates and prevailing hours of labor applicable to the minor subcontract. The 5prevailing wage rates and prevailing hours of labor applicable to a contract or 6subcontract may not be changed during the time that the contract or subcontract is 7in force. AB50-ASA2-AA6,189,98(e) No contractor, subcontractor, or contractor’s or subcontractor’s agent that 9is subject to this section may do any of the following: AB50-ASA2-AA6,189,12101. Pay an individual performing the work described in sub. (4) less than the 11prevailing wage rate in the same or most similar trade or occupation determined 12under this subsection. AB50-ASA2-AA6,189,17132. Allow an individual performing the work described in sub. (4) to work a 14greater number of hours per day or per week than the prevailing hours of labor, 15unless the contractor, subcontractor, or contractor’s or subcontractor’s agent pays 16the individual for all hours worked in excess of the prevailing hours of labor at a 17rate of at least 1.5 times the individual’s hourly basic rate of pay. AB50-ASA2-AA6,189,2318(4) Covered employees. (a) Subject to par. (b), any person subject to this 19section shall pay all of the following employees the prevailing wage rate determined 20under sub. (3) and may not allow such employees to work a greater number of hours 21per day or per week than the prevailing hours of labor, unless the person pays the 22employee for all hours worked in excess of the prevailing hours of labor at a rate of 23at least 1.5 times the employee’s hourly basic rate of pay: AB50-ASA2-AA6,190,2
11. All laborers, workers, mechanics, and truck drivers employed on the site of 2a project of public works that is subject to this section. AB50-ASA2-AA6,190,832. All laborers, workers, mechanics, and truck drivers employed in the 4manufacturing or furnishing of materials, articles, supplies, or equipment on the 5site of a project of public works that is subject to this section or from a facility 6dedicated exclusively, or nearly so, to a project of public works that is subject to this 7section by a contractor, subcontractor, agent, or other person performing any work 8on the site of the project. AB50-ASA2-AA6,190,169(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 15sub. (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: AB50-ASA2-AA6,190,21171. The laborer, worker, mechanic, or truck driver is employed to go to the 18source of 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. AB50-ASA2-AA6,191,2222. The laborer, worker, mechanic, or truck driver is employed to go to the site 23of a project of public works that is subject to this section, pick up excavated material
1or spoil from the site of the project, and transport that excavated material or spoil 2away from the site of the project. AB50-ASA2-AA6,191,43(c) A person subject to this section shall pay a truck driver who is an owner-4operator of a truck separately for his or her work and for the use of his or her truck. AB50-ASA2-AA6,191,55(5) Nonapplicability. This section does not apply to any of the following: AB50-ASA2-AA6,191,126(a) A single-trade project of public works for which the estimated project cost 7of completion is less than $48,000, a multiple-trade project of public works for which 8the estimated project cost of completion is less than $100,000, or, in the case of a 9multiple-trade project of public works erected, constructed, repaired, remodeled, or 10demolished by a private contractor for a city or village having a population of less 11than 2,500 or for a town, a multiple-trade project of public works for which the 12estimated project cost of completion is less than $234,000. AB50-ASA2-AA6,191,1613(b) Work performed on a project of public works for which the local 14governmental unit contracting for the project is not required to compensate any 15contractor, subcontractor, contractor’s or subcontractor’s agent, or individual for 16performing the work. AB50-ASA2-AA6,191,1817(c) Minor service or maintenance work, warranty work, or work under a 18supply and installation contract. AB50-ASA2-AA6,191,2119(f) A project of public works involving the erection, construction, repair, 20remodeling, or demolition of a residential property containing 2 dwelling units or 21less. AB50-ASA2-AA6,192,422(g) A road, street, bridge, sanitary sewer, or water main project that is a part 23of 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 3to, a local governmental unit, including under s. 236.13 (2), for ownership or 4maintenance by the local governmental unit. AB50-ASA2-AA6,192,105(8) Posting. A local governmental unit that has contracted for a project of 6public works shall post the prevailing wage rates determined by the department, 7the prevailing hours of labor, and the provisions of subs. (10) (a) and (11) (a) in at 8least one conspicuous place on the site of the project that is easily accessible by 9employees working on the project, or, if there is no common site on the project, at the 10place normally used by the local governmental unit to post public notices. AB50-ASA2-AA6,192,1911(9) Compliance. (a) When the department finds that a local governmental 12unit has not requested a determination under sub. (3) (am) or that a local 13governmental unit, contractor, or subcontractor has not physically incorporated a 14determination into a contract or subcontract as required under this section or has 15not notified a minor subcontractor of a determination in the manner prescribed by 16the department by rule promulgated under sub. (3) (dm), the department shall 17notify the local governmental unit, contractor, or subcontractor of the 18noncompliance and shall file the determination with the local governmental unit, 19contractor, or subcontractor within 30 days after the notice. AB50-ASA2-AA6,193,220(b) Upon completion of a project of public works and before receiving final 21payment for his or her work on the project, each agent or subcontractor shall 22furnish the contractor with an affidavit stating that the agent or subcontractor has
1complied fully with the requirements of this section. A contractor may not 2authorize final payment until the affidavit is filed in proper form and order. AB50-ASA2-AA6,193,173(c) Upon completion of a project of public works and before receiving final 4payment for his or her work on the project, each contractor shall file with the local 5governmental unit authorizing the work an affidavit stating that the contractor has 6complied fully with the requirements of this section and that the contractor has 7received an affidavit under par. (b) from each of the contractor’s agents and 8subcontractors. A local governmental unit may not authorize a final payment until 9the affidavit is filed in proper form and order. If a local governmental unit 10authorizes a final payment before an affidavit is filed in proper form and order or if 11the department determines, based on the greater weight of the credible evidence, 12that any person performing the work specified in sub. (4) has been or may have been 13paid less than the prevailing wage rate or less than 1.5 times the hourly basic rate 14of pay for all hours worked in excess of the prevailing hours of labor and requests 15that the local governmental unit withhold all or part of the final payment, but the 16local governmental unit fails to do so, the local governmental unit is liable for all 17back wages payable up to the amount of the final payment. AB50-ASA2-AA6,194,218(10) Records; inspection; enforcement. (a) Each contractor, 19subcontractor, or contractor’s or subcontractor’s agent that performs work on a 20project of public works that is subject to this section shall keep full and accurate 21records clearly indicating the name and trade or occupation of every individual 22performing the work described in sub. (4) and an accurate record of the number of
1hours worked by each of those individuals and the actual wages paid for the hours 2worked. AB50-ASA2-AA6,194,113(b) The department or the contracting local governmental unit may demand 4and examine, and every contractor, subcontractor, and contractor’s or 5subcontractor’s agent shall keep, and furnish upon request by the department or 6local governmental unit, copies of payrolls and other records and information 7relating to the wages paid to individuals performing the work described in sub. (4) 8for work to which this section applies. The department may inspect records in the 9manner provided in ch. 103. Every contractor, subcontractor, or agent performing 10work on a project of public works that is subject to this section is subject to the 11requirements of ch. 103 relating to the examination of records. AB50-ASA2-AA6,195,212(c) If requested by any person, the department shall inspect the payroll 13records of any contractor, subcontractor, or agent performing work on a project of 14public works that is subject to this section as provided in this paragraph to ensure 15compliance with this section. On receipt of such a request, the department shall 16request that the contractor, subcontractor, or agent submit to the department a 17certified record of the information specified in par. (a), other than personally 18identifiable information relating to an employee of the contractor, subcontractor, or 19agent, for no longer than a 4-week period. The department may request that a 20contractor, subcontractor, or agent submit those records no more than once per 21calendar quarter for each project of public works on which the contractor, 22subcontractor, or agent is performing work. The department may not charge a 23requester a fee for obtaining that information. Certified records submitted to the
1department under this paragraph are open for public inspection and copying under 2s. 19.35 (1). AB50-ASA2-AA6,195,83(d) Section 103.005 (5) (f), (11), (12), and (13) applies to this section, except 4that s. 103.005 (12) (a) does not apply to a person who fails to provide any 5information to the department to assist the department in determining prevailing 6wage rates under sub. (3) (am) or (ar). Section 111.322 (2m) applies to discharge 7and other discriminatory acts arising in connection with any proceeding under this 8section, including proceedings under sub. (11) (a). AB50-ASA2-AA6,195,159(11) Liability and penalties. (a) 1. A contractor, subcontractor, or 10contractor’s or subcontractor’s agent who fails to pay the prevailing wage rate 11determined by the department under sub. (3) or who pays less than 1.5 times the 12hourly basic rate of pay for all hours worked in excess of the prevailing hours of 13labor is liable to any affected employee in the amount of his or her unpaid wages or 14his or her unpaid overtime compensation and in an additional amount as liquidated 15damages as provided under subd. 2. or 3., whichever is applicable. AB50-ASA2-AA6,196,2162. If the department determines upon inspection under sub. (10) (b) or (c) that 17a contractor, subcontractor, or contractor’s or subcontractor’s agent has failed to 18pay the prevailing wage rate determined by the department under sub. (3) or has 19paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of 20the prevailing hours of labor, the department shall order the contractor to pay to 21any affected employee the amount of his or her unpaid wages or his or her unpaid 22overtime compensation and an additional amount equal to 100 percent of the
1amount of those unpaid wages or that unpaid overtime compensation as liquidated 2damages within a period specified by the department in the order. AB50-ASA2-AA6,196,1433. 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 6any court of competent jurisdiction. If the court finds that a contractor, 7subcontractor, or contractor’s or subcontractor’s agent has failed to pay the 8prevailing wage rate determined by the department under sub. (3) or has paid less 9than 1.5 times the hourly basic rate of pay for all hours worked in excess of the 10prevailing hours of labor, the court shall order the contractor, subcontractor, or 11agent to pay to any affected employee the amount of his or her unpaid wages or his 12or her unpaid overtime compensation and an additional amount equal to 100 13percent of the amount of those unpaid wages or that unpaid overtime compensation 14as liquidated damages. AB50-ASA2-AA6,196,19155. No employee may be a party plaintiff to an action under subd. 3. unless the 16employee consents in writing to become a party and the consent is filed in the court 17in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in 18addition to any judgment awarded to the plaintiff, allow reasonable attorney fees 19and costs to be paid by the defendant. AB50-ASA2-AA6,196,2320(b) 1. Except as provided in subds. 2., 4., and 6., any contractor, subcontractor, 21or contractor’s or subcontractor’s agent who violates this section may be fined not 22more than $200 or imprisoned for not more than 6 months or both. Each day that 23any violation continues is a separate offense. AB50-ASA2-AA6,197,9
12. Whoever induces any individual who seeks to be or is employed on any 2project of public works that is subject to this section to give up, waive, or return any 3part of the wages to which the individual is entitled under the contract governing 4the project, or who reduces the hourly basic rate of pay normally paid to an 5individual for work on a project that is not subject to this section during a week in 6which the individual works both on a project of public works that is subject to this 7section and on a project that is not subject to this section, by threat not to employ, by 8threat of dismissal from employment, or by any other means is guilty of an offense 9under s. 946.15 (1). AB50-ASA2-AA6,197,19103. Any individual employed on a project of public works that is subject to this 11section who knowingly allows a contractor, subcontractor, or contractor’s or 12subcontractor’s agent to pay him or her less than the prevailing wage rate set forth 13in the contract governing the project, who gives up, waives, or returns any part of 14the compensation to which he or she is entitled under the contract, or who gives up, 15waives, or returns any part of the compensation to which he or she is normally 16entitled for work on a project that is not subject to this section during a week in 17which the individual works both on a project of public works that is subject to this 18section and on a project that is not subject to this section, is guilty of an offense 19under s. 946.15 (2). AB50-ASA2-AA6,198,2204. Whoever induces any individual who seeks to be or is employed on any 21project of public works that is subject to this section to allow any part of the wages 22to which the individual is entitled under the contract governing the project to be 23deducted from the individual’s pay is guilty of an offense under s. 946.15 (3), unless
1the deduction would be allowed under 29 CFR 3.5 or 3.6 from an individual who is 2working on a project that is subject to 40 USC 3142. AB50-ASA2-AA6,198,835. Any individual who is employed on a project of public works that is subject 4to this section who knowingly allows any part of the wages to which he or she is 5entitled under the contract governing the project to be deducted from his or her pay 6is guilty of an offense under s. 946.15 (4), unless the deduction would be allowed 7under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is 8subject to 40 USC 3142. AB50-ASA2-AA6,198,1196. Subdivision 1. does not apply to any person who fails to provide any 10information to the department to assist the department in determining prevailing 11wage rates under sub. (3) (am) or (ar). AB50-ASA2-AA6,199,212(12) Debarment. (a) Except as provided under pars. (b) and (c), the 13department shall notify any local governmental unit applying for a determination 14under sub. (3) of the names of all persons that the department has found to have 15failed to pay the prevailing wage rate determined under sub. (3) or has found to 16have paid less than 1.5 times the hourly basic rate of pay for all hours worked in 17excess of the prevailing hours of labor at any time in the preceding 3 years. The 18department shall include with each name the address of the person and shall 19specify when the person failed to pay the prevailing wage rate and when the person 20paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of 21the prevailing hours of labor. A local governmental unit may not award any 22contract to the person unless otherwise recommended by the department or unless
13 years have elapsed from the date the department issued its findings or the date of 2final determination by a court of competent jurisdiction, whichever is later. AB50-ASA2-AA6,199,83(b) The department may not include in a notification under par. (a) the name 4of any person on the basis of having subcontracted a contract for a project of public 5works to a person that the department has found to have failed to pay the prevailing 6wage rate determined under sub. (3) or has found to have paid less than 1.5 times 7the hourly basic rate of pay for all hours worked in excess of the prevailing hours of 8labor. AB50-ASA2-AA6,199,129(c) This subsection does not apply to any contractor, subcontractor, or agent 10who in good faith commits a minor violation of this section, as determined on a case-11by-case basis through administrative hearings with all rights to due process 12afforded to all parties or who has not exhausted or waived all appeals. AB50-ASA2-AA6,199,2213(d) Any person submitting a bid or negotiating a contract on a project of public 14works that is subject to this section shall, on the date the person submits the bid or 15negotiates the contract, identify any construction business in which the person, or a 16shareholder, officer, or partner of the person, if the person is a business, owns, or 17has owned at least a 25 percent interest on the date the person submits the bid or 18negotiates the contract or at any other time within 3 years preceding the date the 19person submits the bid or negotiates the contract, if the business has been found to 20have failed to pay the prevailing wage rate determined under sub. (3) or to have 21paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of 22the prevailing hours of labor. AB50-ASA2-AA6,199,2323(e) The department shall promulgate rules to administer this subsection. AB50-ASA2-AA6,200,6284.41 (3) Employment regulations. Employment regulations set forth in s. 3103.50 pertaining to wages and hours shall apply to all projects constructed under 4s. 84.40 in the same manner as such laws apply to projects on other state highways. 5Where applicable, the federal wages and hours law known as the Davis-Bacon act 6shall apply. AB50-ASA2-AA6,200,188103.005 (12) (a) If any employer, employee, owner, or other person violates 9chs. 103 to 106, or fails or refuses to perform any duty required under chs. 103 to 10106, within the time prescribed by the department, for which no penalty has been 11specifically provided, or fails, neglects or refuses to obey any lawful order given or 12made by the department or any judgment or decree made by any court in connection 13with chs. 103 to 106, for each such violation, failure or refusal, the employer, 14employee, owner or other person shall forfeit not less than $10 nor more than $100 15for each offense. This paragraph does not apply to any person that fails to provide 16any information to the department to assist the department in determining 17prevailing wage rates or prevailing hours of labor under s. 103.49 (3) (a) or (am) or 18103.50 (3) or (4).
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