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. AB50-ASA2-AA6,90,64111.06 (1) (e) To bargain collectively with the representatives of less than a 5majority of the employer’s employees in a collective bargaining unit, or to enter into 6an all-union agreement except in the manner provided in par. (c). AB50-ASA2-AA6,90,148111.06 (1) (i) To deduct labor organization dues or assessments from an 9employee’s earnings, unless the employer has been presented with an individual 10order therefor, signed by the employee personally, and terminable at the end of any 11year of its life by the employee giving to the employer at least 30 days’ written notice 12of the termination. This paragraph applies to the extent permitted under federal 13law unless there is an all-union agreement in effect. The employer shall give notice 14to the labor organization of receipt of a notice of termination. AB50-ASA2-AA6,91,523104.001 (3) This section does not affect an ordinance that, subject to s.
166.0903, requires an employee of a city, village, town, or county, an employee who 2performs work under a contract for the provision of services to a city, village, town, 3or county, or an employee who performs work that is funded by financial assistance 4from a city, village, town, or county to be paid at a minimum wage rate specified in 5the ordinance. AB50-ASA2-AA6,91,169“Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, 10insert the following amounts for the purposes indicated: AB50-ASA2-AA6,217Section 2. 20.445 (1) (ra) of the statutes is amended to read: AB50-ASA2-AA6,92,91820.445 (1) (ra) Worker’s compensation operations fund; administration. From 19the worker’s compensation operations fund, the amounts in the schedule for the 20administration of the worker’s compensation program by the department, for 21assistance to the department of justice in investigating and prosecuting fraudulent 22activity related to worker’s compensation, for transfer to the uninsured employers 23fund under s. 102.81 (1) (c), and for transfer to the appropriation accounts under
1par. (rp) and s. 20.427 (1) (ra). All moneys received under ss. 102.28 (2) (b) and 2102.75 (1) shall be credited to this appropriation account. From this appropriation, 3an amount not to exceed $5,000 may be expended each fiscal year for payment of 4expenses for travel and research by the council on worker’s compensation, an 5amount not to exceed $500,000 may be transferred in each fiscal year to the 6uninsured employers fund under s. 102.81 (1) (c), the amount in the schedule under 7par. (rp) shall be transferred to the appropriation account under par. (rp), and the 8amount in the schedule under s. 20.427 (1) (ra) shall be transferred to the 9appropriation account under s. 20.427 (1) (ra). AB50-ASA2-AA6,310Section 3. 20.445 (1) (rr) of the statutes is created to read: AB50-ASA2-AA6,92,151120.445 (1) (rr) Worker’s compensation operations fund; special assessment 12insurer reimbursements. From the worker’s compensation operations fund, the 13amounts in the schedule for providing reimbursement to insurance carriers paying 14supplemental benefits under s. 102.44 (1) (c). All moneys received under s. 102.75 15(1g) shall be credited to this appropriation account. AB50-ASA2-AA6,416Section 4. 102.75 (1m) of the statutes is amended to read: AB50-ASA2-AA6,92,2217102.75 (1m) The moneys collected under subs. (1) and (1g) and under ss. 18102.28 (2) and 102.31 (7), together with all accrued interest, shall constitute a 19separate nonlapsible fund designated as the worker’s compensation operations 20fund. Moneys in the fund may be expended only as provided in ss. 20.427 (1) (ra) 21and 20.445 (1) (ra), (rb), and (rp), and (rr) and may not be used for any other purpose 22of the state. AB50-ASA2-AA6,93,324(1) Work injury supplemental benefits fund. On the effective date of this
1subsection, there is transferred from the appropriation account under s. 20.445 (1) 2(t) to the appropriation account under s. 20.445 (1) (rr) the unencumbered balance 3of the amount collected under s. 102.75 (1g).”. AB50-ASA2-AA6,93,136(1) Hotline for employers. In the schedule under s. 20.005 (3) for the 7appropriation to the department of workforce development under s. 20.445 (1) (a), 8the dollar amount for fiscal year 2025-26 is increased by $64,000 to increase the 9authorized FTE positions for the department by 1.0 GPR employment and training 10specialist position to staff the hotline under s. 106.361. In the schedule under s. 1120.005 (3) for the appropriation to the department of workforce development under 12s. 20.445 (1) (a), the dollar amount for fiscal year 2026-27 is increased by $82,800 to 13provide funding for the position authorized under this subsection. AB50-ASA2-AA6,93,2214(2) Career navigators. In the schedule under s. 20.005 (3) for the 15appropriation to the department of workforce development under s. 20.445 (1) (a), 16the dollar amount for fiscal year 2025-26 is increased by $710,600 to increase the 17authorized FTE positions for the department by 11.0 GPR employment and 18training specialist positions to provide career navigator services. In the schedule 19under s. 20.005 (3) for the appropriation to the department of workforce 20development under s. 20.445 (1) (a), the dollar amount for fiscal year 2026-27 is 21increased by $910,800 to provide funding for the positions authorized under this 22subsection. AB50-ASA2-AA6,94,723(3) Vocational rehabilitation worker connection program. (a) State 24funding. In the schedule under s. 20.005 (3) for the appropriation to the
1department of workforce development under s. 20.445 (5) (a), the dollar amount for 2fiscal year 2025-26 is increased by $6,356,900 to increase the authorized FTE 3positions for the department by 1.15 GPR vocational rehabilitation services 4positions and provide funding for those services. In the schedule under s. 20.005 (3) 5for the appropriation to the department of workforce development under s. 20.445 6(5) (a), the dollar amount for fiscal year 2026-27 is increased by $9,059,000 to 7provide funding for the positions and services authorized under this subsection. AB50-ASA2-AA6,94,158(b) Federal funding. In the schedule under s. 20.005 (3) for the appropriation 9to the department of workforce development under s. 20.445 (5) (n), the dollar 10amount for fiscal year 2025-26 is increased by $287,900 to increase the authorized 11FTE positions for the department by 3.85 FED vocational rehabilitation services 12positions and provide funding for those services. In the schedule under s. 20.005 (3) 13for the appropriation to the department of workforce development under s. 20.445 14(5) (n), the dollar amount for fiscal year 2026-27 is increased by $20,564,300 to 15provide funding for the positions and services authorized under this subsection. AB50-ASA2-AA6,94,2316(4) Technical education equipment grants. In the schedule under s. 1720.005 (3) for the appropriation to the department of workforce development under 18s. 20.445 (1) (cg), the dollar amount for fiscal year 2025-26 is increased by $200,000 19to provide increased funding for the technical education equipment grants under s. 20106.275. In the schedule under s. 20.005 (3) for the appropriation to the 21department of workforce development under s. 20.445 (1) (cg), the dollar amount for 22fiscal year 2026-27 is increased by $200,000 to provide increased funding for the 23technical education equipment grants under s. 106.275.”. AB50-ASA2-AA6,95,112102.125 (1m) Application and premium fraud. If an insurer has evidence 3that an application for worker’s compensation insurance coverage is fraudulent or 4that an employer has committed fraud by misclassifying employees to lower the 5employer’s worker’s compensation insurance premiums in violation of s. 943.395, 6the insurer shall report the claim to the department. The department may require 7an insurer to investigate an allegedly fraudulent application or alleged fraud by 8misclassification of employees and may provide the insurer with any records of the 9department relating to that alleged fraud. An insurer that investigates alleged 10fraud under this subsection shall report the results of that investigation to the 11department. AB50-ASA2-AA6,95,1813102.125 (2) Assistance by department of justice. The department of 14workforce development may request the department of justice to assist the 15department of workforce development in an investigation under sub. (1) or (1m) or 16in the investigation of any other suspected fraudulent activity on the part of an 17employer, employee, insurer, health care provider, or other person related to 18worker’s compensation. AB50-ASA2-AA6,96,220102.125 (3) Prosecution. If based on an investigation under sub. (1), (1m), 21or (2) the department has a reasonable basis to believe that a violation of s. 943.20, 22943.38, 943.39, 943.392, 943.395, 943.40, or any other criminal law has occurred, 23the department shall refer the results of the investigation to the department of
1justice or to the district attorney of the county in which the alleged violation 2occurred for prosecution. AB50-ASA2-AA6,96,114102.16 (4) The department and the division have jurisdiction to pass on any 5question arising out of sub. (3) and to order the employer to reimburse an employee 6or other person for any sum deducted from wages or paid by him or her in violation 7of that subsection. In addition to the any penalty provided in s. 102.85 (1), any 8employer violating sub. (3) shall be liable to an injured employee for the reasonable 9value of the necessary services rendered to that employee under any arrangement 10made in violation of sub. (3) without regard to that employee’s actual 11disbursements for those services. AB50-ASA2-AA6,19412Section 194. 102.82 (2) (a) (intro.) of the statutes is amended to read: AB50-ASA2-AA6,96,1613102.82 (2) (a) (intro.) Except as provided in pars. (ag), (am), and (ar), all for a 14first or 2nd determination by the department that an employer was uninsured, an 15uninsured employers employer shall pay to the department the greater of the 16following: AB50-ASA2-AA6,96,2018102.82 (2) (ab) Except as provided in pars. (ag), (am), and (ar), for a 3rd 19determination by the department that an employer was uninsured, an uninsured 20employer shall pay to the department the greater of the following: AB50-ASA2-AA6,97,2211. Three times the amount determined by the department to equal what the 22uninsured employer would have paid during periods of illegal nonpayment for
1worker’s compensation in the preceding 3-year period, based on the employer’s 2payroll in the preceding 3 years. AB50-ASA2-AA6,97,332. Three thousand dollars.
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