AB50-ASA2-AA6,76,441. A spouse or domestic partner of an employee. AB50-ASA2-AA6,76,652. A parent, child, sibling, brother-in-law, sister-in-law, grandparent, or 6grandchild of an employee or of an employee’s spouse or domestic partner. AB50-ASA2-AA6,76,1073. Any other individual who is related by blood, marriage, or adoption to an 8employee or to an employee’s spouse or domestic partner and whose close 9association with the employee, spouse, or domestic partner makes the individual 10the equivalent of an individual listed under subd. 2. AB50-ASA2-AA6,76,1111(g) “Grandchild” means the child of a child. AB50-ASA2-AA6,76,1212(h) “Grandparent” means the parent of a parent. AB50-ASA2-AA6,76,1513(i) “Nonexempt employee” means an employee who is not employed in a bona 14fide executive, administrative, or professional capacity, as described in 29 USC 213 15(a) (1). AB50-ASA2-AA6,76,1816(j) “Parent” means a biological parent, foster parent, adoptive parent, 17stepparent, or legal guardian of an employee or of an employee’s spouse or domestic 18partner. AB50-ASA2-AA6,76,2019(k) “Part-time employee” means an employee who works on average fewer 20than 30 hours per week for a particular employer. AB50-ASA2-AA6,77,221(L) “Service employee” means a nonexempt employee who is employed in any 22of the occupations classified under the following codes set forth in the Standard
1Occupational Classification System, 2018 edition, published by the bureau of labor 2statistics of the U.S. department of labor: AB50-ASA2-AA6,77,431. Major group code 35-0000 — food preparation and serving related 4occupations. AB50-ASA2-AA6,77,552. Broad occupation code 37-2010 — building cleaning workers. AB50-ASA2-AA6,77,763. Detailed occupation code 41-1011 — first-line supervisors of retail sales 7workers. AB50-ASA2-AA6,77,884. Minor group code 41-2000 — retail sales workers. AB50-ASA2-AA6,77,109(m) “Sibling” means a brother, sister, half brother, half sister, stepbrother, 10stepsister, foster brother, or foster sister, whether by blood, marriage, or adoption. AB50-ASA2-AA6,77,1311(n) “Split shift” means a work shift that consists of work time that is not 12continuous. For purposes of determining whether a work shift is continuous, any of 13the following breaks in work time are not considered: AB50-ASA2-AA6,77,14141. One or more breaks for meals that total one hour or less. AB50-ASA2-AA6,77,15152. A break that is requested by the employee. AB50-ASA2-AA6,77,1816(o) “Work schedule” means the days and times during each successive work 17period when an employee is required by an employer to perform duties of 18employment. AB50-ASA2-AA6,77,2019(p) “Work shift” means the specific times during a day that an employer 20requires an employee to work. AB50-ASA2-AA6,77,2221(q) “Written” includes a communication that is transmitted or received by 22electronic means. AB50-ASA2-AA6,78,323(2) Employee right to request and receive work schedule changes. (a)
1Employee right to request work schedule changes. 1. An employee may request a 2change in the terms and conditions of employment related to any of the following, 3and may make such a request by email or text message: AB50-ASA2-AA6,78,44a. The number of hours the employee is required to work or be on call for work. AB50-ASA2-AA6,78,65b. The days or times when the employee is required to work or be on call for 6work. AB50-ASA2-AA6,78,77c. The location where the employee is required to work. AB50-ASA2-AA6,78,98d. The amount of notification the employee receives regarding changes to the 9employee’s work schedule. AB50-ASA2-AA6,78,1110e. Minimizing fluctuations in the number of hours the employee is scheduled 11to work on a daily, weekly, or monthly basis. AB50-ASA2-AA6,78,13122. An employee who makes a request under subd. 1. shall specify in the 13request whether it is related to any of the following: AB50-ASA2-AA6,78,1514a. A serious health condition, as defined under s. 103.10 (1) (g), of the 15employee. AB50-ASA2-AA6,78,1916b. The employee’s responsibilities as a significant provider of ongoing care, 17including responsibility for securing ongoing care, of the employee’s child, family 18member with a serious health condition, as defined under s. 103.10 (1) (g), or parent 19who is 65 years of age or older. AB50-ASA2-AA6,78,2120c. The employee’s responsibilities as a significant provider of education, 21including responsibility for securing education, of the employee’s child. AB50-ASA2-AA6,78,2322d. The employee’s enrollment in an educational or training program or 23program of study that leads to a recognized postsecondary credential. AB50-ASA2-AA6,79,2
1e. If the employee is a part-time employee, conflicts with the employee’s other 2employment. AB50-ASA2-AA6,79,103(b) Evaluating requests for work schedule changes. If an employer receives a 4request from an employee under par. (a), the employer shall either grant the request 5without modification or negotiate in good faith with the employee to find a 6compromise that meets the employee’s and the employer’s work scheduling needs, 7including by considering any alternative proposals offered by the employee. If the 8employer denies the request and any alternative proposals offered, the employer 9shall inform the employee of the reasons for denial, including whether any of the 10reasons is a bona fide business reason. AB50-ASA2-AA6,79,1511(c) Requests related to serious health conditions, caregiving, education, or other 12part-time employment. Notwithstanding par. (b), if an employer receives a request 13from an employee under par. (a) that is directly related to a reason specified under 14par. (a) 2., the employer shall grant the request unless the employer has a bona fide 15business reason for denying the request. AB50-ASA2-AA6,79,2016(d) Verification of reasons for requested changes. If an employer receives a 17request from an employee under par. (a), the employer may require the employee to 18provide additional information to clarify or explain the reasons for the employee’s 19requested work schedule change if the employer needs that information to properly 20evaluate the request under par. (b) or (c). AB50-ASA2-AA6,80,221(3) Predictable work schedules for retail, food service, and cleaning 22employees. (a) Advance notice of work schedules required. 1. On or before the first
1day of work of a new service employee, an employer shall provide the service 2employee with a written copy of the service employee’s work schedule. AB50-ASA2-AA6,80,632. Except as provided in pars. (b) and (c), if an employer changes a work 4schedule provided to a service employee under this subdivision or subd. 1., the 5employer shall provide the service employee with a written copy of the new work 6schedule no later than 14 days before the new work schedule begins. AB50-ASA2-AA6,80,873. An employer shall post a copy of a work schedule provided under this 8paragraph in at least one of the following ways: AB50-ASA2-AA6,80,109a. In one or more conspicuous places where notices to employees are 10customarily posted. AB50-ASA2-AA6,80,1111b. On a website accessible by all of the employer’s employees. AB50-ASA2-AA6,80,13124. If an employer changes a work schedule after it is posted under subd. 3., the 13employer shall revise the posted work schedule to reflect those changes. AB50-ASA2-AA6,80,2214(b) Employer-initiated changes to work schedules without advance notice. 1. 15An employer may change, without the advance notice required under par. (a) 2., a 16work schedule provided to a service employee under par. (a) 1. or 2. as provided in 17this paragraph. Except as provided under subd. 2., if the employer changes a work 18schedule provided to a service employee under par. (a) 1. or 2. less than 14 days 19before the new work schedule begins, the employer shall provide the service 20employee compensation for the change in an amount equal to the service employee’s 21regular rate of pay for one hour of work in addition to any other compensation 22earned by the service employee. AB50-ASA2-AA6,81,2232. An employer is not required to pay compensation to a service employee
1under subd. 1. for a change to the service employee’s work schedule if any of the 2following applies to the change: AB50-ASA2-AA6,81,33a. The service employee consents to the change. AB50-ASA2-AA6,81,64b. The employer requires the service employee to work additional time or an 5additional work shift because another service employee was scheduled to work that 6time or work shift and is unexpectedly unavailable to work. AB50-ASA2-AA6,81,117(c) Employee-initiated changes to work schedules. An employer may allow a 8service employee to agree to work in place of another service employee if the service 9employees mutually agree to the change. The employer is not required to provide 10compensation under par. (b) 1. to a service employee with respect to a work shift 11agreement under this paragraph. AB50-ASA2-AA6,81,1612(d) Compensation for reporting time, on-call time, and split shifts. 1. Except 13as provided in subd. 4., if a service employee reports to work and the service 14employee’s employer does not allow the service employee to work all time that the 15service employee is scheduled to work, the employer shall provide the service 16employee with the following compensation: AB50-ASA2-AA6,81,2017a. If the service employee is scheduled to work 4 hours or less, an amount 18equal to the service employee’s regular rate of pay for all time the service employee 19is scheduled to work but does not work in addition to any other compensation 20earned by the service employee for time the service employee actually works. AB50-ASA2-AA6,82,221b. If the service employee is scheduled to work more than 4 hours and works 22less than 4 hours, an amount equal to the service employee’s regular rate of pay for 23the difference between 4 hours and the amount of time the service employee
1actually works in addition to any other compensation earned by the service 2employee for time the service employee actually works. AB50-ASA2-AA6,82,932. Except as provided in subd. 4., if an employer requires a service employee to 4contact the employer, or wait to be contacted by the employer, less than 24 hours 5before a work shift begins to determine whether the employer will require the 6service employee to report to work for that work shift, the employer shall provide 7the service employee compensation in an amount equal to the service employee’s 8regular rate of pay for one hour of work in addition to any other compensation 9earned by the service employee for time the service employee actually works. AB50-ASA2-AA6,82,14103. Except as provided in subd. 4, if an employer requires a service employee to 11work a split shift, the employer shall provide the service employee compensation in 12an amount equal to the service employee’s regular rate of pay for one hour of work 13in addition to any other compensation earned by the service employee for time the 14service employee actually works. AB50-ASA2-AA6,82,18154. If a service employee is entitled to more than one type of compensation 16under subds. 1. to 3. with respect to a particular work shift, the employer shall pay 17the service employee the compensation required under subd. 1., 2., or 3., whichever 18is greatest. AB50-ASA2-AA6,83,219(e) Manner of payment of additional compensation. An employer that is 20required to provide compensation to a service employee under par. (b) 1. or (d) shall 21pay that compensation on the service employee’s regular paycheck or other wage 22payment. The employer shall identify on the paycheck, pay envelope, or paper
1accompanying the wage payment the amount of and reason for all additional 2compensation paid. AB50-ASA2-AA6,83,53(f) Exception. An employer is not required to comply with this subsection 4during a period in which the employer’s regular operations are suspended due to an 5event outside of the employer’s control. AB50-ASA2-AA6,83,126(4) Prohibited acts. (a) No employer may interfere with, restrain, or deny 7the exercise of the right of an employee to request and receive a change in the terms 8and conditions of employment as provided under sub. (2). No employer may 9interfere with, restrain, or deny the exercise of the right of a service employee to 10receive advance notice of work schedules as provided under sub. (3) (a), receive 11compensation as provided under sub. (3) (b) 1. and (d), or request approval to work 12in place of another employee as provided under sub. (3) (c). AB50-ASA2-AA6,83,1913(b) No employer may discharge or discriminate against an employee in 14promotion, in compensation, or in the terms, conditions, or privileges of 15employment for exercising a right of an employee described under par. (a), opposing 16a practice prohibited under this section, filing or indicating an intent to file a 17complaint or otherwise attempting to enforce a right under this section, or 18testifying, assisting, or participating in any manner in any investigation, action, or 19proceeding to enforce a right under this section. AB50-ASA2-AA6,83,2120(c) Section 111.322 (2m) applies to discharge or other discriminatory acts 21arising in connection with any proceeding under this section. AB50-ASA2-AA6,84,622(5) Enforcement. (a) Administrative proceeding. An employee whose rights 23are interfered with, restrained, or denied in violation of sub. (4) (a) or who is
1discharged or discriminated against in violation of sub. (4) (b) may file a complaint 2with the department, and the department shall process the complaint in the same 3manner that employment discrimination complaints are processed under s. 111.39. 4If the department finds that a violation has occurred, the department may order 5the employer to take action to remedy the violation, including any action authorized 6under s. 111.39. AB50-ASA2-AA6,84,117(b) Civil action. 1. The department or an employee whose rights are 8interfered with, restrained, or denied in violation of sub. (4) (a) or who is discharged 9or discriminated against in violation of sub. (4) (b) may bring an action in circuit 10court against an employer on the basis of the violation without regard to exhaustion 11of any administrative remedy. AB50-ASA2-AA6,84,14122. In an action under subd. 1., if the circuit court finds that a violation of sub. 13(4) (a) or (b) has occurred with respect to an employee, the circuit court shall order 14the defendant to pay to the employee all of the following: AB50-ASA2-AA6,84,1615a. Compensatory damages in an amount that the circuit court or jury finds 16appropriate. AB50-ASA2-AA6,84,2117b. Unless the employer proves that the employer acted in good faith and had a 18reasonable basis for believing that the act or omission that constituted the violation 19was not a violation of this section, an additional amount as liquidated damages 20equal to 100 percent of the amount of compensatory damages determined under 21subd. 2. a. AB50-ASA2-AA6,84,2322c. Notwithstanding s. 814.04 (1), reasonable attorney fees and costs incurred 23in the action. AB50-ASA2-AA6,85,2
13. Damages awarded under subd. 2. are in addition to any back pay or other 2amounts awarded under s. 111.39 or 111.395. AB50-ASA2-AA6,85,63(6) Penalties. In addition to any damages imposed under sub. (5), an 4employer that willfully violates this section may be required to forfeit not more than 5$1,000 for each violation. Each day of continued violation constitutes a separate 6offense. AB50-ASA2-AA6,85,107(7) Notice posted. An employer shall post, in one or more conspicuous places 8where notices to employees are customarily posted, a notice in a form approved by 9the department setting forth employees’ rights under this section. An employer 10that violates this subsection shall forfeit not more than $100 for each violation. AB50-ASA2-AA6,85,1512111.322 (2m) (a) The individual files a complaint or attempts to enforce any 13right under s. 103.02, 103.035, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 14103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 15101.599 or 103.64 to 103.82. AB50-ASA2-AA6,85,2017111.322 (2m) (b) The individual testifies or assists in any action or proceeding 18held under or to enforce any right under s. 103.02, 103.035, 103.10, 103.11, 103.13, 19103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 20995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82. AB50-ASA2-AA6,86,722(1) Predictable work schedules for retail, food service, and cleaning 23employees; transitional provisions. No later than the effective date of this
1subsection, an employer, as defined in s. 103.035 (1) (e), shall provide each service 2employee, as defined in s. 103.035 (1) (L), with a written copy of the service 3employee’s work schedule, as defined in s. 103.035 (1) (o). That work schedule is 4considered a work schedule provided to a service employee under s. 103.035 (3) (a) 52. for all purposes under s. 103.035, including that the employer shall post a copy of 6the work schedule as provided in s. 103.035 (3) (a) 3., and, if the employer changes 7that work schedule, s. 103.035 (3) (a) 2. applies to that change. AB50-ASA2-AA6,86,139(1) Predictable work schedules for retail, food service, and cleaning 10employees. The treatment of s. 103.035 first applies to an employee who is covered 11by a collective bargaining agreement that contains provisions inconsistent with s. 12103.035 on the day on which the collective bargaining agreement expires or is 13extended, modified, or renewed, whichever occurs first. AB50-ASA2-AA6,86,1715(1) Predictable work schedules for retail, food service, and cleaning 16employees. The treatment of s. 103.035 takes effect on the first day of the 6th 17month beginning after publication.”. AB50-ASA2-AA6,86,2220111.01 Declaration of policy. The public policy of the state as to 21employment relations and collective bargaining, in the furtherance of which this 22subchapter is enacted, is declared to be as follows: AB50-ASA2-AA6,87,323(1) It recognizes that there are 3 major interests involved, namely: the public,
1the employee, and the employer. These 3 interests are to a considerable extent 2interrelated. It is the policy of the state to protect and promote each of these 3interests with due regard to the situation and to the rights of the others. AB50-ASA2-AA6,87,184(2) Industrial peace, regular and adequate income for the employee, and 5uninterrupted production of goods and services are promotive of all of these 6interests. They are largely dependent upon the maintenance of fair, friendly, and 7mutually satisfactory employment relations and the availability of suitable 8machinery for the peaceful adjustment of whatever controversies may arise. It is 9recognized that certain employers, including farmers, farmer cooperatives, and 10unincorporated farmer cooperative associations, in addition to their general 11employer problems, face special problems arising from perishable commodities and 12seasonal production that require adequate consideration. It is also recognized that 13whatever may be the rights of disputants with respect to each other in any 14controversy regarding employment relations, they should not be permitted, in the 15conduct of their controversy, to intrude directly into the primary rights of 3rd 16parties to earn a livelihood, transact business, and engage in the ordinary affairs of 17life by any lawful means and free from molestation, interference, restraint, or 18coercion. AB50-ASA2-AA6,87,2319(3) Negotiations of terms and conditions of work should result from voluntary 20agreement between employer and employee. For the purpose of such negotiation an 21employee has the right, if the employee desires, to associate with others in 22organizing and bargaining collectively through representatives of the employee’s 23own choosing, without intimidation or coercion from any source. AB50-ASA2-AA6,88,7
1(4) It is the policy of the state, in order to preserve and promote the interests 2of the public, the employee, and the employer alike, to establish standards of fair 3conduct in employment relations and to provide a convenient, expeditious, and 4impartial tribunal by which these interests may have their respective rights and 5obligations adjudicated. While limiting individual and group rights of aggression 6and defense, the state substitutes processes of justice for the more primitive 7methods of trial by combat. AB50-ASA2-AA6,1768Section 176. 111.04 (1) and (2) of the statutes are consolidated, renumbered 9111.04 and amended to read: AB50-ASA2-AA6,88,1710111.04 Rights of employees. Employees shall have the right of self-11organization and the right to form, join, or assist labor organizations, to bargain 12collectively through representatives of their own choosing, and to engage in lawful, 13concerted activities for the purpose of collective bargaining or other mutual aid or 14protection. (2) Employees shall also have the right to refrain from self-15organization; forming, joining, or assisting labor organizations; bargaining 16collectively through representatives; or engaging in activities for the purpose of 17collective bargaining or other mutual aid or protection such activities. AB50-ASA2-AA6,90,220111.06 (1) (c) To encourage or discourage membership in any labor 21organization, employee agency, committee, association, or representation plan by 22discrimination in regard to hiring, tenure, or other terms or conditions of 23employment except in a collective bargaining unit where an all-union agreement is
1in effect. An employer may enter into an all-union agreement with the voluntarily 2recognized representative of the employees in a collective bargaining unit, where at 3least a majority of such employees voting have voted affirmatively, by secret ballot, 4in favor of the all-union agreement in a referendum conducted by the commission, 5except that where the bargaining representative has been certified by either the 6commission or the national labor relations board as the result of a representation 7election, no referendum is required to authorize the entry into an all-union 8agreement. An authorization of an all-union agreement continues, subject to the 9right of either party to the all-union agreement to petition the commission to 10conduct a new referendum on the subject. Upon receipt of the petition, if the 11commission determines there is reasonable ground to believe that the employees 12concerned have changed their attitude toward the all-union agreement, the 13commission shall conduct a referendum. If the continuance of the all-union 14agreement is supported on a referendum by a vote at least equal to that provided in 15this paragraph for its initial authorization, it may continue, subject to the right to 16petition for a further vote by the procedure under this paragraph. If the 17continuance of the all-union agreement is not supported on a referendum, it 18terminates at the expiration of the contract of which it is then a part or at the end of 19one year from the date of the announcement by the commission of the result of the 20referendum, whichever is earlier. The commission shall declare any all-union 21agreement terminated whenever it finds that the labor organization involved has 22unreasonably refused to receive as a member any employee of such employer. An
1interested person may, as provided in s. 111.07, request the commission to perform 2this duty.
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