Amendment AA6-ASA2-AB50

AB50-ASA2-AA6,76,4 1. A spouse or domestic partner of an employee.

AB50-ASA2-AA6,76,6 2. A parent, child, sibling, brother-in-law, sister-in-law, grandparent, or grandchild of an employee or of an employee’s spouse or domestic partner.

AB50-ASA2-AA6,76,10 3. Any other individual who is related by blood, marriage, or adoption to an employee or to an employee’s spouse or domestic partner and whose close association with the employee, spouse, or domestic partner makes the individual the equivalent of an individual listed under subd. 2.

AB50-ASA2-AA6,76,11 (g) “Grandchild” means the child of a child.

AB50-ASA2-AA6,76,12 (h) “Grandparent” means the parent of a parent.

AB50-ASA2-AA6,76,15 (i) “Nonexempt employee” means an employee who is not employed in a bona fide executive, administrative, or professional capacity, as described in 29 USC 213 (a) (1).

AB50-ASA2-AA6,76,18 (j) “Parent” means a biological parent, foster parent, adoptive parent, stepparent, or legal guardian of an employee or of an employee’s spouse or domestic partner.

AB50-ASA2-AA6,76,20 (k) “Part-time employee” means an employee who works on average fewer than 30 hours per week for a particular employer.

AB50-ASA2-AA6,77,2 (L) “Service employee” means a nonexempt employee who is employed in any of the occupations classified under the following codes set forth in the Standard Occupational Classification System, 2018 edition, published by the bureau of labor statistics of the U.S. department of labor:

AB50-ASA2-AA6,77,4 1. Major group code 35-0000 — food preparation and serving related occupations.

AB50-ASA2-AA6,77,5 2. Broad occupation code 37-2010 — building cleaning workers.

AB50-ASA2-AA6,77,7 3. Detailed occupation code 41-1011 — first-line supervisors of retail sales workers.

AB50-ASA2-AA6,77,8 4. Minor group code 41-2000 — retail sales workers.

AB50-ASA2-AA6,77,10 (m) “Sibling” means a brother, sister, half brother, half sister, stepbrother, stepsister, foster brother, or foster sister, whether by blood, marriage, or adoption.

AB50-ASA2-AA6,77,13 (n) “Split shift” means a work shift that consists of work time that is not continuous. For purposes of determining whether a work shift is continuous, any of the following breaks in work time are not considered:

AB50-ASA2-AA6,77,14 1. One or more breaks for meals that total one hour or less.

AB50-ASA2-AA6,77,15 2. A break that is requested by the employee.

AB50-ASA2-AA6,77,18 (o) “Work schedule” means the days and times during each successive work period when an employee is required by an employer to perform duties of employment.

AB50-ASA2-AA6,77,20 (p) “Work shift” means the specific times during a day that an employer requires an employee to work.

AB50-ASA2-AA6,77,22 (q) “Written” includes a communication that is transmitted or received by electronic means.

AB50-ASA2-AA6,78,3 (2) Employee right to request and receive work schedule changes. (a) Employee right to request work schedule changes. 1. An employee may request a change in the terms and conditions of employment related to any of the following, and may make such a request by email or text message:

AB50-ASA2-AA6,78,4 a. The number of hours the employee is required to work or be on call for work.

AB50-ASA2-AA6,78,6 b. The days or times when the employee is required to work or be on call for work.

AB50-ASA2-AA6,78,7 c. The location where the employee is required to work.

AB50-ASA2-AA6,78,9 d. The amount of notification the employee receives regarding changes to the employee’s work schedule.

AB50-ASA2-AA6,78,11 e. Minimizing fluctuations in the number of hours the employee is scheduled to work on a daily, weekly, or monthly basis.

AB50-ASA2-AA6,78,13 2. An employee who makes a request under subd. 1. shall specify in the request whether it is related to any of the following:

AB50-ASA2-AA6,78,15 a. A serious health condition, as defined under s. 103.10 (1) (g), of the employee.

AB50-ASA2-AA6,78,19 b. The employee’s responsibilities as a significant provider of ongoing care, including responsibility for securing ongoing care, of the employee’s child, family member with a serious health condition, as defined under s. 103.10 (1) (g), or parent who is 65 years of age or older.

AB50-ASA2-AA6,78,21 c. The employee’s responsibilities as a significant provider of education, including responsibility for securing education, of the employee’s child.

AB50-ASA2-AA6,78,23 d. The employee’s enrollment in an educational or training program or program of study that leads to a recognized postsecondary credential.

AB50-ASA2-AA6,79,2 e. If the employee is a part-time employee, conflicts with the employee’s other employment.

AB50-ASA2-AA6,79,10 (b) Evaluating requests for work schedule changes. If an employer receives a request from an employee under par. (a), the employer shall either grant the request without modification or negotiate in good faith with the employee to find a compromise that meets the employee’s and the employer’s work scheduling needs, including by considering any alternative proposals offered by the employee. If the employer denies the request and any alternative proposals offered, the employer shall inform the employee of the reasons for denial, including whether any of the reasons is a bona fide business reason.

AB50-ASA2-AA6,79,15 (c) Requests related to serious health conditions, caregiving, education, or other part-time employment. Notwithstanding par. (b), if an employer receives a request from an employee under par. (a) that is directly related to a reason specified under par. (a) 2., the employer shall grant the request unless the employer has a bona fide business reason for denying the request.

AB50-ASA2-AA6,79,20 (d) Verification of reasons for requested changes. If an employer receives a request from an employee under par. (a), the employer may require the employee to provide additional information to clarify or explain the reasons for the employee’s requested work schedule change if the employer needs that information to properly evaluate the request under par. (b) or (c).

AB50-ASA2-AA6,80,2 (3) Predictable work schedules for retail, food service, and cleaning employees. (a) Advance notice of work schedules required. 1. On or before the first day of work of a new service employee, an employer shall provide the service employee with a written copy of the service employee’s work schedule.

AB50-ASA2-AA6,80,6 2. Except as provided in pars. (b) and (c), if an employer changes a work schedule provided to a service employee under this subdivision or subd. 1., the employer shall provide the service employee with a written copy of the new work schedule no later than 14 days before the new work schedule begins.

AB50-ASA2-AA6,80,8 3. An employer shall post a copy of a work schedule provided under this paragraph in at least one of the following ways:

AB50-ASA2-AA6,80,10 a. In one or more conspicuous places where notices to employees are customarily posted.

AB50-ASA2-AA6,80,11 b. On a website accessible by all of the employer’s employees.

AB50-ASA2-AA6,80,13 4. If an employer changes a work schedule after it is posted under subd. 3., the employer shall revise the posted work schedule to reflect those changes.

AB50-ASA2-AA6,80,22 (b) Employer-initiated changes to work schedules without advance notice. 1. An employer may change, without the advance notice required under par. (a) 2., a work schedule provided to a service employee under par. (a) 1. or 2. as provided in this paragraph. Except as provided under subd. 2., if the employer changes a work schedule provided to a service employee under par. (a) 1. or 2. less than 14 days before the new work schedule begins, the employer shall provide the service employee compensation for the change in an amount equal to the service employee’s regular rate of pay for one hour of work in addition to any other compensation earned by the service employee.

AB50-ASA2-AA6,81,2 2. An employer is not required to pay compensation to a service employee under subd. 1. for a change to the service employee’s work schedule if any of the following applies to the change:

AB50-ASA2-AA6,81,3 a. The service employee consents to the change.

AB50-ASA2-AA6,81,6 b. The employer requires the service employee to work additional time or an additional work shift because another service employee was scheduled to work that time or work shift and is unexpectedly unavailable to work.

AB50-ASA2-AA6,81,11 (c) Employee-initiated changes to work schedules. An employer may allow a service employee to agree to work in place of another service employee if the service employees mutually agree to the change. The employer is not required to provide compensation under par. (b) 1. to a service employee with respect to a work shift agreement under this paragraph.

AB50-ASA2-AA6,81,16 (d) Compensation for reporting time, on-call time, and split shifts. 1. Except as provided in subd. 4., if a service employee reports to work and the service employee’s employer does not allow the service employee to work all time that the service employee is scheduled to work, the employer shall provide the service employee with the following compensation:

AB50-ASA2-AA6,81,20 a. If the service employee is scheduled to work 4 hours or less, an amount equal to the service employee’s regular rate of pay for all time the service employee is scheduled to work but does not work in addition to any other compensation earned by the service employee for time the service employee actually works.

AB50-ASA2-AA6,82,2 b. If the service employee is scheduled to work more than 4 hours and works less than 4 hours, an amount equal to the service employee’s regular rate of pay for the difference between 4 hours and the amount of time the service employee actually works in addition to any other compensation earned by the service employee for time the service employee actually works.

AB50-ASA2-AA6,82,9 2. Except as provided in subd. 4., if an employer requires a service employee to contact the employer, or wait to be contacted by the employer, less than 24 hours before a work shift begins to determine whether the employer will require the service employee to report to work for that work shift, the employer shall provide the service employee compensation in an amount equal to the service employee’s regular rate of pay for one hour of work in addition to any other compensation earned by the service employee for time the service employee actually works.

AB50-ASA2-AA6,82,14 3. Except as provided in subd. 4, if an employer requires a service employee to work a split shift, the employer shall provide the service employee compensation in an amount equal to the service employee’s regular rate of pay for one hour of work in addition to any other compensation earned by the service employee for time the service employee actually works.

AB50-ASA2-AA6,82,18 4. If a service employee is entitled to more than one type of compensation under subds. 1. to 3. with respect to a particular work shift, the employer shall pay the service employee the compensation required under subd. 1., 2., or 3., whichever is greatest.

AB50-ASA2-AA6,83,2 (e) Manner of payment of additional compensation. An employer that is required to provide compensation to a service employee under par. (b) 1. or (d) shall pay that compensation on the service employee’s regular paycheck or other wage payment. The employer shall identify on the paycheck, pay envelope, or paper accompanying the wage payment the amount of and reason for all additional compensation paid.

AB50-ASA2-AA6,83,5 (f) Exception. An employer is not required to comply with this subsection during a period in which the employer’s regular operations are suspended due to an event outside of the employer’s control.

AB50-ASA2-AA6,83,12 (4) Prohibited acts. (a) No employer may interfere with, restrain, or deny the exercise of the right of an employee to request and receive a change in the terms and conditions of employment as provided under sub. (2). No employer may interfere with, restrain, or deny the exercise of the right of a service employee to receive advance notice of work schedules as provided under sub. (3) (a), receive compensation as provided under sub. (3) (b) 1. and (d), or request approval to work in place of another employee as provided under sub. (3) (c).

AB50-ASA2-AA6,83,19 (b) No employer may discharge or discriminate against an employee in promotion, in compensation, or in the terms, conditions, or privileges of employment for exercising a right of an employee described under par. (a), opposing a practice prohibited under this section, filing or indicating an intent to file a complaint or otherwise attempting to enforce a right under this section, or testifying, assisting, or participating in any manner in any investigation, action, or proceeding to enforce a right under this section.

AB50-ASA2-AA6,83,21 (c) Section 111.322 (2m) applies to discharge or other discriminatory acts arising in connection with any proceeding under this section.

AB50-ASA2-AA6,84,6 (5) Enforcement. (a) Administrative proceeding. An employee whose rights are interfered with, restrained, or denied in violation of sub. (4) (a) or who is discharged or discriminated against in violation of sub. (4) (b) may file a complaint with the department, and the department shall process the complaint in the same manner that employment discrimination complaints are processed under s. 111.39. If the department finds that a violation has occurred, the department may order the employer to take action to remedy the violation, including any action authorized under s. 111.39.

AB50-ASA2-AA6,84,11 (b) Civil action. 1. The department or an employee whose rights are interfered with, restrained, or denied in violation of sub. (4) (a) or who is discharged or discriminated against in violation of sub. (4) (b) may bring an action in circuit court against an employer on the basis of the violation without regard to exhaustion of any administrative remedy.

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: