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AB265,9,1917 b. The employer requires the service employee to work additional time or an
18additional work shift because another service employee was scheduled to work that
19time or work shift and is unexpectedly unavailable to do so.
AB265,9,2420 (c) Employee-initiated changes to work schedules. An employer may allow a
21service employee to agree to work in place of another service employee if the service
22employees mutually agree to the change. The employer is not required to provide
23compensation under par. (b) 1. to a service employee with respect to a work shift trade
24under this paragraph.
AB265,10,5
1(d) Compensation for reporting time, on-call time, and split shifts. 1. Except
2as provided in subd. 4., if a service employee reports to work and the service
3employee's employer does not allow the service employee to work all time that the
4service employee is scheduled to work, the employer shall provide the service
5employee with the following compensation:
AB265,10,96 a. If the service employee is scheduled to work 4 hours or less, an amount equal
7to the service employee's regular rate of pay for all time the service employee is
8scheduled to work but does not work in addition to any other compensation earned
9by the service employee for time the service employee actually works.
AB265,10,1410 b. If the service employee is scheduled to work more than 4 hours and works
11less than 4 hours, an amount equal to the service employee's regular rate of pay for
12the difference between 4 hours and the amount of time the service employee actually
13works in addition to any other compensation earned by the service employee for time
14the service employee actually works.
AB265,10,2115 2. Except as provided in subd. 4., if an employer requires a service employee
16to contact the employer, or wait to be contacted by the employer, less than 24 hours
17before a work shift to determine whether the employer will require the service
18employee to report to work for that work shift, the employer shall provide the service
19employee compensation in an amount equal to the service employee's regular rate of
20pay for one hour of work in addition to any other compensation earned by the service
21employee for time the service employee actually works.
AB265,11,222 3. Except as provided in subd. 4, if an employer requires a service employee to
23work a split shift, the employer shall provide the service employee compensation in
24an amount equal to the service employee's regular rate of pay for one hour of work

1in addition to any other compensation earned by the service employee for time the
2service employee actually works.
AB265,11,63 4. If a service employee is entitled to more than one type of compensation under
4subds. 1. to 3. with respect to a particular work shift, the employer shall pay the
5service employee the compensation required under subd. 1., 2., or 3., whichever is
6greatest.
AB265,11,127 (e) Manner of payment of additional compensation. An employer that is
8required to provide compensation to a service employee under par. (b) 1. or (d) shall
9pay that compensation on the service employee's regular paycheck or other wage
10payment. The employer shall identify on the paycheck, pay envelope, or paper
11accompanying the wage payment the amount of and reason for all additional
12compensation paid.
AB265,11,1513 (f) Exception. An employer is not required to comply with this subsection
14during a period in which the employer's regular operations are suspended due to an
15event outside of the employer's control.
AB265,11,2316 (g) Designating additional covered occupations. The department may
17promulgate rules to apply the protections afforded under pars. (a) to (f) to additional
18occupations. The department may designate an occupation under this paragraph if
19the department determines that at least 10 percent of the individuals employed in
20the occupation either typically receive notice of changes to their work schedules less
21than 14 days before the changes take effect or regularly experience fluctuations in
22the number of hours the individuals are scheduled to work on a daily, weekly, or
23monthly basis.
AB265,12,5 24(4) Prohibited acts. (a) No employer may interfere with, restrain, or deny the
25exercise of the right of an employee to request and receive a change in the terms and

1conditions of employment as provided under sub. (2). No employer may interfere
2with, restrain, or deny the exercise of the right of a service employee to receive
3advance notice of work schedules as provided under sub. (3) (a), receive
4compensation as provided under sub. (3) (b) 1. and (d), or request approval to trade
5work shifts as provided under sub. (3) (c).
AB265,12,126 (b) No employer may discharge or discriminate against an employee in
7promotion, in compensation, or in the terms, conditions, or privileges of employment
8for exercising a right of an employee described under par. (a), opposing a practice
9prohibited under this section, filing or indicating an intent to file a complaint or
10otherwise attempting to enforce a right under this section, or testifying, assisting,
11or participating in any manner in any investigation, action, or proceeding to enforce
12a right under this section.
AB265,12,20 13(5) Enforcement. (a) Administrative proceeding. An employee whose rights
14are interfered with, restrained, or denied in violation of sub. (4) (a) or who is
15discharged or discriminated against in violation of sub. (4) (b) may file a complaint
16with the department, and the department shall process the complaint in the same
17manner that employment discrimination complaints are processed under s. 111.39.
18If the department finds that a violation has occurred, the department may order the
19employer to take action to remedy the violation, including any action authorized
20under s. 111.39.
AB265,12,2521 (b) Civil action. 1. The department or an employee whose rights are interfered
22with, restrained, or denied in violation of sub. (4) (a) or who is discharged or
23discriminated against in violation of sub. (4) (b) may bring an action in circuit court
24against an employer on the basis of the violation without regard to exhaustion of any
25administrative remedy.
AB265,13,3
12. In an action under subd. 1., if the circuit court finds that a violation of sub.
2(4) (a) or (b) has occurred with respect to an employee, the circuit court shall order
3the defendant to pay to the employee all of the following:
AB265,13,54 a. Compensatory damages in an amount that the circuit court or jury finds
5appropriate.
AB265,13,106 b. Unless the employer proves that the employer acted in good faith and had
7a reasonable basis for believing that the act or omission that constituted the violation
8was not a violation of this section, an additional amount as liquidated damages equal
9to 100 percent of the amount of compensatory damages determined under subd. 2.
10a.
AB265,13,1211 c. Notwithstanding s. 814.04 (1), reasonable attorney fees and costs incurred
12in the action.
AB265,13,1413 3. Damages awarded under subd. 2. are in addition to any back pay or other
14amounts awarded under s. 111.39 or 111.395.
AB265,13,17 15(6) Penalties. In addition to any damages imposed under sub. (5), an employer
16that willfully violates this section may be required to forfeit not more than $1,000 for
17each violation. Each day of continued violation constitutes a separate offense.
AB265,13,21 18(7) Notice posted. An employer shall post, in one or more conspicuous places
19where notices to employees are customarily posted, a notice in a form approved by
20the department setting forth employees' rights under this section. An employer that
21violates this subsection shall forfeit not more than $100 for each violation.
AB265,2 22Section 2. 111.322 (2m) (a) of the statutes is amended to read:
AB265,14,223 111.322 (2m) (a) The individual files a complaint or attempts to enforce any
24right under s. 103.02, 103.035, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34,

1103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599
2or 103.64 to 103.82.
AB265,3 3Section 3. 111.322 (2m) (b) of the statutes is amended to read:
AB265,14,74 111.322 (2m) (b) The individual testifies or assists in any action or proceeding
5held under or to enforce any right under s. 103.02, 103.035, 103.10, 103.11, 103.13,
6103.28, 103.32, 103.34, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55,
7or ss. 101.58 to 101.599 or 103.64 to 103.82.
AB265,4 8Section 4 . Nonstatutory provisions.
AB265,14,179 (1) Predictable work schedules for retail, food service, and cleaning
10employees; transitional provisions.
No later than the effective date of this
11subsection, an employer, as defined in s. 103.035 (1) (e), shall provide each service
12employee, as defined in s. 103.035 (1) (L), with a written copy of the service
13employee's work schedule, as defined in s. 103.035 (1) (o). That work schedule is
14considered a work schedule provided to a service employee under s. 103.035 (3) (a)
152. for all purposes under s. 103.035, including that the employer shall post a copy of
16the work schedule as provided in s. 103.035 (3) (a) 3., and, if the employer changes
17that work schedule, s. 103.035 (3) (a) 2. applies to that change.
AB265,5 18Section 5. Initial applicability.
AB265,14,2219 (1) This act first applies to an employee who is covered by a collective
20bargaining agreement that contains provisions inconsistent with s. 103.035 on the
21day on which the collective bargaining agreement expires or is extended, modified,
22or renewed, whichever occurs first.
AB265,6 23Section 6 . Effective date.
AB265,15,2
1(1) This act takes effect on the first day of the 6th month beginning after
2publication.
AB265,15,33 (End)
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