AB43: Bill Text

AB43,,4674 1. Three times the amount determined by the department to equal what the uninsured employer would have paid during periods of illegal nonpayment for worker’s compensation in the preceding 3-year period, based on the employer’s payroll in the preceding 3 years.

AB43,,4675 2. Three thousand dollars.

AB43,1775 Section 1775. 102.82 (2) (ad) of the statutes is created to read:

AB43,,4677 102.82 (2) (ad) Except as provided in pars. (ag), (am), and (ar), for a 4th or subsequent determination by the department that an employer was uninsured, an uninsured employer shall pay to the department the greater of the following:

AB43,,4678 1. Four times the amount determined by the department to equal what the uninsured employer would have paid during periods of illegal nonpayment for worker’s compensation in the preceding 3-year period, based on the employer’s payroll in the preceding 3 years.

AB43,,4679 2. Four thousand dollars.

AB43,1776 Section 1776. 102.82 (2) (am) of the statutes is amended to read:

AB43,,4681 102.82 (2) (am) The department may waive any payment owed under par. (a), (ab), or (ad) by an uninsured employer if the department determines that the uninsured employer is subject to this chapter only because the uninsured employer has elected to become subject to this chapter under s. 102.05 (2) or 102.28 (2).

AB43,1777 Section 1777. 102.82 (2) (ar) of the statutes is amended to read:

AB43,,4683 102.82 (2) (ar) The department may waive any payment owed under par. (a), (ab), (ad), or (ag) or sub. (1) if the department determines that the sole reason for the uninsured employer’s failure to comply with s. 102.28 (2) is that the uninsured employer was a victim of fraud, misrepresentation or gross negligence by an insurance agent or insurance broker or by a person whom a reasonable person would believe is an insurance agent or insurance broker.

AB43,1778 Section 1778. 102.85 (1) of the statutes is repealed and recreated to read:

AB43,,4685 102.85 (1) (a) If an employer has failed to comply with s. 102.16 (3) or 102.28 (2), the employer shall, for a first violation, forfeit the greater of $1,000 or the amount of the premium that would have been payable for each time the employer failed to comply with s. 102.16 (3) or 102.28 (3).

AB43,,4686 (b) If an employer has failed to comply with s. 102.16 (3) or 102.28 (2), the employer shall, for a 2nd violation, forfeit the greater of $2,000 or 2 times the amount of the premium that would have been payable for each time the employer failed to comply with s. 102.16 (3) or 102.28 (3).

AB43,,4687 (c) If an employer has failed to comply with s. 102.16 (3) or 102.28 (2), the employer shall, for a 3rd violation, forfeit the greater of $3,000 or 3 times the amount of the premium that would have been payable for each time the employer failed to comply with s. 102.16 (3) or 102.28 (3).

AB43,,4688 (d) If an employer has failed to comply with s. 102.16 (3) or 102.28 (2), the employer shall, for a 4th or subsequent violation, forfeit the greater of $4,000 or 4 times the amount of the premium that would have been payable for each time the employer failed to comply with s. 102.16 (3) or 102.28 (3).

AB43,1779 Section 1779. 102.85 (2) of the statutes is repealed and recreated to read:

AB43,,4690 102.85 (2) (a) No employer who is required to provide worker’s compensation insurance coverage under this chapter may give false information about the coverage to his or her employees, the department, or any other person who contracts with the employer and who requests evidence of worker’s compensation in relation to that contract.

AB43,,4691 (b) No employer who is required to provide worker’s compensation insurance coverage under this chapter may fail to notify a person who contracts with the employer that the coverage has been canceled in relation to that contract.

AB43,,4692 (c) 1. An employer who violates par. (a) or (b) shall, except as provided in subds. 2. and 3., forfeit not less than $100 and not more than $1,000.

AB43,,4693 2. An employer who violates par. (a) or (b) shall forfeit $3,000 for a 3rd violation of par. (a) or (b).

AB43,,4694 3. An employer who violates par. (a) or (b) shall forfeit $4,000 for a 4th violation of par. (a) or (b).

AB43,1780 Section 1780. 103.005 (12) (a) of the statutes is amended to read:

AB43,,4696 103.005 (12) (a) If any employer, employee, owner, or other person violates chs. 103 to 106, or fails or refuses to perform any duty required under chs. 103 to 106, within the time prescribed by the department, for which no penalty has been specifically provided, or fails, neglects or refuses to obey any lawful order given or made by the department or any judgment or decree made by any court in connection with chs. 103 to 106, for each such violation, failure or refusal, the employer, employee, owner or other person shall forfeit not less than $10 nor more than $100 for each offense. This paragraph does not apply to any person that fails to provide any information to the department to assist the department in determining prevailing wage rates or prevailing hours of labor under s. 103.49 (3) (a) or (am) or 103.50 (3) or (4).

AB43,1781 Section 1781. 103.007 of the statutes is repealed.

AB43,1782 Section 1782. 103.06 (1) (b) (intro.) of the statutes is amended to read:

AB43,,4699 103.06 (1) (b) (intro.) “Employee” means, for purposes of compliance with the requirements specified in sub. (3) (a), any of the following who is employed by an employer:

AB43,1783 Section 1783. 103.06 (1) (c) (intro.) of the statutes is amended to read:

AB43,,4701 103.06 (1) (c) (intro.) “Employer” means, for purposes of compliance with the requirements specified in sub. (3) (a), any of the following that is engaged in the work described in s. 108.18 (2) (c):

AB43,1784 Section 1784. 103.06 (2) of the statutes is renumbered 103.06 (10), and 103.06 (10) (intro.) and (a), as renumbered, are amended to read:

AB43,,4703 103.06 (10) Worker classification compliance; duties of department. (intro.) For purposes of promoting and achieving compliance by employers with the laws specified in sub. (3) (a) through the proper classification of persons performing services for an employer as employees and nonemployees, the The department shall do all of the following:

AB43,,4704 (a) Educate employers, employees, nonemployees, and the public about the proper classification of persons performing services for an employer as employees and nonemployees. The department shall establish and maintain on the department’s website information regarding worker classification laws, requirements for employers and employees, penalties for noncompliance, and contact information at each state agency that administers worker classification laws.

AB43,1785 Section 1785. 103.06 (10) (f) of the statutes is created to read:

AB43,,4706 103.06 (10) (f) Design and make available to employers a notice regarding worker classification laws, requirements for employers and employees, and penalties for noncompliance. The department shall promulgate rules to implement this paragraph.

AB43,1786 Section 1786. 103.06 (11) of the statutes is created to read:

AB43,,4708 103.06 (11) Notice. All employers shall post, in one or more conspicuous places where notices to employees are customarily posted, the notice designed by the department under sub. (10) (f). Any employer who violates this subsection shall forfeit not more than $100 for each offense.

AB43,1787 Section 1787. 103.10 (1) (a) (intro.) of the statutes is renumbered 103.10 (1) (a) and amended to read:

AB43,,4710 103.10 (1) (a) “Child” means a natural, adopted, or foster child, a stepchild, or a legal ward to whom any of the following applies:.

AB43,1788 Section 1788. 103.10 (1) (a) 1. of the statutes is repealed.

AB43,1789 Section 1789. 103.10 (1) (a) 2. of the statutes is repealed.

AB43,1790 Section 1790. 103.10 (1) (ap) of the statutes is created to read:

AB43,,4714 103.10 (1) (ap) “Covered active duty” means any of the following:

AB43,,4715 1. For a member of a regular component of the U.S. armed forces, duty during the deployment of the member with the U.S. armed forces to a foreign country.

AB43,,4716 2. For a member of a reserve component of the U.S. armed forces, duty during the deployment of the member with the U.S. armed forces to a foreign country under a call or order to active duty under a provision of law specified in 10 USC 101 (a) (13) (B).

AB43,1791 Section 1791. 103.10 (1) (b) of the statutes is amended to read:

AB43,,4718 103.10 (1) (b) Except as provided in sub. (1m) (b) 2. and s. 452.38, “employee” means an individual employed in this state by an employer, except the employer’s parent, child, spouse, domestic partner, or child parent, grandparent, grandchild, or sibling.

AB43,1792 Section 1792. 103.10 (1) (dm) of the statutes is created to read:

AB43,,4720 103.10 (1) (dm) “Grandchild” means the child of a child.

AB43,1793 Section 1793. 103.10 (1) (dp) of the statutes is created to read:

AB43,,4722 103.10 (1) (dp) “Grandparent” means the parent of a parent.

AB43,1794 Section 1794. 103.10 (1) (em) of the statutes is created to read:

AB43,,4724 103.10 (1) (em) “Medical isolation” means any of the following:

AB43,,4725 1. When a health care professional, a local health officer, or the department of health services advises that an individual seclude herself or himself from others when the individual is awaiting the result of a diagnostic test for a communicable disease or when the individual is infected with a communicable disease.

AB43,,4726 2. When a local health officer or the department of health services advises that an individual isolate or quarantine under s. 252.06.

AB43,,4727 3. When an individual’s employer advises that the individual not come to the workplace due to a concern that the individual may have been exposed to or infected with a communicable disease.

AB43,1795 Section 1795. 103.10 (1) (gm) of the statutes is created to read:

AB43,,4729 103.10 (1) (gm) “Sibling” means a brother, sister, half brother, half sister, stepbrother, or stepsister, whether by blood, marriage, or adoption.

AB43,1796 Section 1796. 103.10 (1) (h) of the statutes is amended to read:

AB43,,4731 103.10 (1) (h) “Spouse” means an employee’s legal husband or wife the person to whom an employee is legally married.

AB43,1797 Section 1797. 103.10 (1m) (b) 1. of the statutes is renumbered 103.10 (1) (an).

AB43,1798 Section 1798. 103.10 (1m) (b) 6. of the statutes is renumbered 103.10 (1) (gd).

AB43,1799 Section 1799. 103.10 (1m) (b) 7. of the statutes is renumbered 103.10 (1) (m).

AB43,1800 Section 1800. 103.10 (2) (c) of the statutes is amended to read:

AB43,,4736 103.10 (2) (c) This section only applies to an employee who has been employed by the same employer for more than 52 consecutive weeks and who worked for the employer for at least 1,000 680 hours during the preceding 52-week period.

AB43,1801 Section 1801. 103.10 (3) (a) of the statutes is repealed.

AB43,1802 Section 1802. 103.10 (3) (b) 3. of the statutes is amended to read:

AB43,,4739 103.10 (3) (b) 3. To care for the employee’s child, spouse, domestic partner, or parent, grandparent, grandchild, or sibling, if the child, spouse, domestic partner, or parent, grandparent, grandchild, or sibling has a serious health condition.

AB43,1803 Section 1803. 103.10 (3) (b) 4. of the statutes is created to read:

AB43,,4741 103.10 (3) (b) 4. Because of any qualifying exigency, as determined by the department by rule, arising out of the fact that the spouse, child, domestic partner, parent, grandparent, grandchild, or sibling of the employee is on covered active duty or has been notified of an impending call or order to covered active duty.

AB43,1804 Section 1804. 103.10 (3) (b) 5. of the statutes is created to read:

AB43,,4743 103.10 (3) (b) 5. Because there is an unforeseen or unexpected short-term gap in childcare for the employee’s child, grandchild, or sibling that the employee must fill. The department may define by rule “unforeseen or unexpected short-term gap in childcare.”

AB43,1805 Section 1805. 103.10 (3) (b) 6. of the statutes is created to read:

AB43,,4745 103.10 (3) (b) 6. To care for the employee’s child, spouse, domestic partner, parent, grandparent, grandchild, or sibling, if the child, spouse, domestic partner, parent, grandparent, grandchild, or sibling is in medical isolation.

AB43,1806 Section 1806. 103.10 (3) (b) 7. of the statutes is created to read:

AB43,,4747 103.10 (3) (b) 7. To address issues of the employee or the employee’s child, spouse, domestic partner, parent, grandparent, grandchild, or sibling related to being the victim of domestic abuse, sexual abuse, or stalking.

AB43,1807 Section 1807. 103.10 (4) (a) of the statutes is amended to read:

AB43,,4749 103.10 (4) (a) Subject to pars. (b) and par. (c) and sub. (4m), an employee who is in medical isolation or has a serious health condition which makes the employee unable to perform his or her employment duties may take medical leave for the period during which he or she is unable to perform those duties.

AB43,1808 Section 1808. 103.10 (4) (b) of the statutes is repealed.

AB43,1809 Section 1809. 103.10 (4m) of the statutes is created to read:

AB43,,4752 103.10 (4m) Duration of leave. In a 12-month period, no employee may take more than 12 weeks of family leave for any combination of reasons specified under sub. (3) or (4).

AB43,1810 Section 1810. 103.10 (6) (b) (intro.) of the statutes is amended to read:

AB43,,4754 103.10 (6) (b) (intro.) If an employee intends to take family leave because of the planned medical treatment or supervision of a child, spouse, domestic partner, or parent, grandparent, grandchild, or sibling or intends to take medical leave because of the planned medical treatment or supervision of the employee, the employee shall do all of the following:

AB43,1811 Section 1811. 103.10 (6) (b) 1. of the statutes is amended to read:

AB43,,4756 103.10 (6) (b) 1. Make a reasonable effort to schedule the medical treatment or supervision so that it does not unduly disrupt the employer’s operations, subject to the approval of the health care provider of the child, spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee.

AB43,1812 Section 1812. 103.10 (6) (c) of the statutes is created to read:

AB43,,4758 103.10 (6) (c) If the employee intends to take family leave under sub. (3) (b) 4. that is foreseeable because the spouse, child, domestic partner, parent, grandparent, grandchild, or sibling of the employee is on covered active duty or has been notified of an impending call or order to covered active duty, the employee shall provide notice of that intention to the employer in a reasonable and practicable manner.

AB43,1813 Section 1813. 103.10 (7) (a) of the statutes is amended to read:

AB43,,4760 103.10 (7) (a) If an employee requests family leave for a reason described in sub. (3) (b) 3. or requests medical leave due to a serious health condition, the employer may require the employee to provide certification, as described in par. (b), issued by the health care provider or Christian Science practitioner of the child, spouse, domestic partner, parent, grandparent, grandchild, sibling, or employee, whichever is appropriate.

AB43,1814 Section 1814. 103.10 (7) (b) (intro.) of the statutes is amended to read:

AB43,,4762 103.10 (7) (b) (intro.) No employer may require certification under par. (a) stating more than the following: