This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
July 26, 2021 - Introduced by Representatives Subeck, Hong, S. Rodriguez,
Brostoff, Pope, Neubauer, Cabrera, Shelton, L. Myers, Goyke, Stubbs,
Ohnstad, Riemer, Emerson, Conley, Baldeh, Snodgrass, Anderson, Hebl,
Bowen, Spreitzer, Vining, Sinicki, Drake, Billings, Moore Omokunde and
Hesselbein, cosponsored by Senators Agard, Wirch, Carpenter, Roys,
Johnson, Ringhand, Erpenbach, Larson and Smith. Referred to Committee
on Labor and Integrated Employment.
AB477,1,5 1An Act to repeal 104.001, 104.01 (5g), 104.01 (7m) and 104.045 (1); to amend
2104.045 (title); to repeal and recreate 104.035; and to create 104.01 (1g) and
3227.01 (13) (Lw) of the statutes; relating to: a state minimum wage, allowing
4the enactment of local minimum wage ordinances, and granting rule-making
5authority.
Analysis by the Legislative Reference Bureau
Currently, the state minimum wage law requires that employers pay the
applicable minimum wage set in statute to their employees. Under that law, the
current minimum wage for most employees is $7.25 per hour. This bill raises the
minimum wage for most employees to $10.15 per hour on the effective date of the bill
and $15 per hour one year after the effective date of the bill.
Beginning two years after the bill's effective date, the bill requires the
Department of Workforce Development to annually revise the minimum wage
established under the bill by determining the percentage difference between the
consumer price index for the preceding year and the consumer price index for the
year before the preceding year, adjusting the minimum wage then in effect by that
percentage difference, and rounding that result to the nearest multiple of five cents.
DWD, however, is not required to revise the general minimum wage if the consumer
price index for the preceding year has not increased over the consumer price index
for the year before the preceding year. DWD is required to publish the revised
minimum wage in the Wisconsin Administrative Register and on DWD's Internet
site.

The bill also repeals 1) provisions establishing a separate, lower minimum
wage for tipped employees; 2) a provision that requires DWD to promulgate rules
governing the counting of tips or similar gratuities toward payment of the minimum
wage; 3) provisions setting specific meal and lodging allowances; and 4) provisions
establishing minimum wages for minor employees, opportunity employees,
agricultural employees, and others and instead requires DWD to establish the
minimum wage for those employees by rule.
Finally, current law prohibits a city, village, town, or county from enacting and
administering an ordinance establishing a minimum wage. This bill eliminates that
prohibition.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB477,1 1Section 1. 104.001 of the statutes is repealed.
AB477,2 2Section 2. 104.01 (1g) of the statutes is created to read:
AB477,2,63 104.01 (1g) “Consumer price index" means the average of the consumer price
4index over each 12-month period for all urban consumers, U.S. city average, all
5items, not seasonally adjusted, as determined by the bureau of labor statistics of the
6U.S. department of labor.
AB477,3 7Section 3. 104.01 (5g) of the statutes is repealed.
AB477,4 8Section 4. 104.01 (7m) of the statutes is repealed.
AB477,5 9Section 5. 104.035 of the statutes is repealed and recreated to read:
AB477,2,11 10104.035 Minimum wage; established. (1) Employees generally. Except
11as provided in subs. (2) and (3), the minimum wage is as follows:
AB477,2,1412 (a) For wages earned after the effective date of this paragraph .... [LRB inserts
13date], but before the first day of the 12th month beginning after the effective date of
14this paragraph .... [LRB inserts date], $10.15 per hour.
AB477,3,4
1(b) For wages earned beginning on the first day of the 12th month beginning
2after the effective date of this paragraph .... [LRB inserts date], and ending on the
3last day of the 23rd month beginning after the effective date of this paragraph ....
4[LRB inserts date], $15 per hour.
AB477,3,75 (c) For wages earned beginning on the first day of the 24th month beginning
6after the effective date of this paragraph .... [LRB inserts date], the amount
7determined by the department under sub. (4).
AB477,3,9 8(2) Minimum wage established by department. The department shall
9promulgate rules providing the minimum wage for all of the following:
AB477,3,1010 (a) Opportunity employees.
AB477,3,1111 (b) Agricultural employees.
AB477,3,1212 (c) Camp counselors.
AB477,3,1313 (d) Golf caddies.
AB477,3,1514 (e) An employee or worker with a disability covered under a license under s.
15104.07.
AB477,3,1616 (f) A student learner.
AB477,3,1817 (g) A student employed by an independent college or university for less than
1820 hours per week.
AB477,3,21 19(3) Employment exempted by department. The department shall promulgate
20rules exempting from the minimum wage requirement under subs. (1) and (2) all of
21the following:
AB477,3,2322 (a) A person engaged in casual employment in and around an employer's home
23on an irregular or intermittent basis for not more than 15 hours per week.
AB477,4,224 (b) A person who resides in the home of an employer who, due to advanced age
25or physical or mental disability, cannot care for his or her own needs, for the purpose

1of companionship and who spends not more than 15 hours per week on general
2household work for the employer.
AB477,4,43 (c) An elementary or secondary school student performing student work-like
4activities in the student's school.
AB477,4,14 5(4) Department to revise. (a) Subject to par. (b), by the date specified in sub.
6(1) (c) and annually thereafter, the department shall revise the minimum wage under
7sub. (1) (c) by calculating the percentage difference between the consumer price
8index for the 12-month period ending on the last day of the last month for which that
9information is available and the consumer price index for the 12-month period
10ending on the last day of the month 12 months prior to that month, adjusting the
11minimum wage then in effect by that percentage difference, and rounding that result
12to the nearest multiple of 5 cents. The department shall annually have the revised
13amount published in the Wisconsin Administrative Register and on the
14department's Internet site.
AB477,4,1815 (b) Paragraph (a) does not apply if the consumer price index for the 12-month
16period ending on the last day of the last month for which that information is available
17has not increased over the consumer price index for the 12-month period ending on
18the last day of the month 12 months prior to that month.
AB477,4,20 19(5) Gender-specific minimum wage prohibited. The department may not
20establish a different minimum wage for men and women.
AB477,6 21Section 6. 104.045 (title) of the statutes is amended to read:
AB477,4,22 22104.045 (title) Tips, meals, Meals, lodging, and hours worked.
AB477,7 23Section 7. 104.045 (1) of the statutes, as affected by 2021 Wisconsin Act 26,
24is repealed.
AB477,8 25Section 8. 227.01 (13) (Lw) of the statutes is created to read:
AB477,5,1
1227.01 (13) (Lw) Adjusts the minimum wage under s. 104.035 (4).
AB477,9 2Section 9. Effective date.
AB477,5,43 (1) Minimum wage. This act takes effect on the first day of the 3rd month
4beginning after publication.
AB477,5,55 (End)
Loading...
Loading...