SB45: Bill Text

SB45,921,12 1. Except as provided in subd. 2., calculating the percentage difference between the consumer price index for the 12-month period ending on July 31 of the prior year and the consumer price index for the 12-month period ending on July 31 of the year before the prior year, adjusting the prior year’s amount or limitation by that percentage difference, and rounding that result to the nearest whole dollar.

SB45,921,16 2. If the consumer price index for the 12-month period ending on July 31 of the prior year has not increased over the consumer price index for the 12-month period ending on July 31 of the year before the prior year, setting the amount or limitation at the same amount or limitation that was in effect in the previous year.

SB45,921,19 (b) An adjustment under this subsection of the maximum weekly benefit amount under sub. (1) (cm) 3. and the wage limitation under sub. (3) (dm) 2. c. shall take effect on the 1st Sunday in January of each calendar year.

SB45,1732 Section 1732. 108.05 (3) (dm) of the statutes is renumbered 108.05 (3) (dm) 1. and amended to read:

SB45,922,5 108.05 (3) (dm) 1. Except when otherwise authorized in an approved work- share program under s. 108.062, a claimant is ineligible to receive any benefits for a week if the claimant receives or will receive from one or more employers wages earned for work performed in that week, amounts treated as wages under s. 108.04 (1) (bm) for that week, sick pay, holiday pay, vacation pay, termination pay, bonus pay, back pay, or payments treated as wages under s. 108.04 (12) (e), or any combination thereof, totalling more than $500 the amount specified in subd. 2.

SB45,1733 Section 1733. 108.05 (3) (dm) 2. of the statutes is created to read:

SB45,922,8 108.05 (3) (dm) 2. The department shall set the wage limitation under subd. 1. as follows:

SB45,922,9 a. For a week of unemployment that commences before January 4, 2026, $500.

SB45,922,11 b. For a week of unemployment that commences on or after January 4, 2026, but before January 3, 2027, $672.

SB45,922,13 c. For a week of unemployment that commences on or after January 3, 2027, the department shall set the wage limitation as provided under sub. (2).

SB45,1734 Section 1734. 108.05 (7m) (title), (c) and (d) of the statutes are created to read:

SB45,922,16 108.05 (7m) (title) Social security disability insurance payments.

SB45,922,21 (c) If a monthly social security disability insurance payment is issued to a claimant, the department shall reduce benefits otherwise payable to the claimant for a given week in accordance with par. (d). This subsection does not apply to a lump sum social security disability insurance payment in the nature of a retroactive payment or back pay.

SB45,922,24 (d) The department shall allocate a monthly social security disability insurance payment by allocating to each week the fraction of the payment attributable to that week.

SB45,1735 Section 1735. 108.05 (9) of the statutes is amended to read:

SB45,923,5 108.05 (9) Rounding of benefit amounts. Notwithstanding sub. (1), benefits payable for a week of unemployment as a result of applying sub. (1m), (3) or, (7), or (7m) or s. 108.04 (11) or (12), 108.06 (1), 108.13 (4) or (5) or 108.135 shall be rounded down to the next lowest dollar.

SB45,1736 Section 1736. 108.05 (10) (intro.) of the statutes is amended to read:

SB45,923,10 108.05 (10) Deductions from benefit payments. (intro.) After calculating the benefit payment due to be paid for a week under subs. (1) to (7) (7m), the department shall make deductions from that payment to the extent that the payment is sufficient to make the following payments in the following order:

SB45,1737 Section 1737. 108.133 of the statutes, as affected by 2025 Wisconsin Act .... (this act), is repealed.

SB45,1738 Section 1738. 108.133 (1) (ar) of the statutes is renumbered 108.133 (1) (ar) 1. and amended to read:

SB45,923,16 108.133 (1) (ar) 1. Notwithstanding s. 108.02 (9), “controlled substance” has the meaning given in 21 USC 802, except as provided in subd. 2.

SB45,1739 Section 1739. 108.133 (1) (ar) 2. of the statutes is created to read:

SB45,923,21 108.133 (1) (ar) 2. “Controlled substance” does not include tetrahydrocannabinols, commonly known as “THC,” in any form including tetrahydrocannabinols contained in marijuana, obtained from marijuana, or chemically synthesized.

SB45,1740 Section 1740. 108.14 (2e) of the statutes is amended to read:

SB45,924,13 108.14 (2e) The department may shall provide a secure means of electronic interchange between itself and employing units, claimants, and other persons that, upon request to and with prior approval by the department, may shall be used for departmental transmission or receipt of any document specified by the department that is related to the administration of this chapter and related federal programs in lieu of any other means of submission or receipt specified in this chapter. The secure means of electronic interchange shall be used by employing units, claimants, and other persons unless the person demonstrates good cause, as specified in s. 108.022, for being unable to use the secure means of electronic interchange. Subject to s. 137.25 (2) and any rules promulgated thereunder, the department may permit the use of electronic records and electronic signatures for any document specified by the department that is related to the administration of this chapter. If a due date is established by statute for the receipt of any document that is submitted electronically to the department under this subsection, then that submission is timely only if the document is submitted by midnight of the statutory due date.

SB45,1741 Section 1741. 108.14 (8n) (e) of the statutes is amended to read:

SB45,925,5 108.14 (8n) (e) The department shall charge this state’s share of any benefits paid under this subsection to the account of each employer by which the employee claiming benefits was employed in the applicable base period, in proportion to the total amount of wages he or she earned from each employer in the base period, except that if s. 108.04 (1) (f), (5), (5g), (7) (a), (c), (cg), (e), (L), (q), (s), or (t), (7m), or (8) (a) to and (c), or 108.07 (3), (3r), or (5) (am) 2., or 108.133 (3) (f) would have applied to employment by such an employer who is subject to the contribution requirements of ss. 108.17 and 108.18, the department shall charge the share of benefits based on employment with that employer to the fund’s balancing account, or, if s. 108.04 (1) (f), (5), or (5g) or 108.07 (3) would have applied to an employer that is not subject to the contribution requirements of ss. 108.17 and 108.18, the department shall charge the share of benefits based on that employment in accordance with s. 108.07 (5) (am) 1. and 2. The department shall also charge the fund’s balancing account with any other state’s share of such benefits pending reimbursement by that state.

SB45,1742 Section 1742. 108.14 (8n) (e) of the statutes, as affected by 2025 Wisconsin Act .... (this act), is amended to read:

SB45,925,21 108.14 (8n) (e) The department shall charge this state’s share of any benefits paid under this subsection to the account of each employer by which the employee claiming benefits was employed in the applicable base period, in proportion to the total amount of wages he or she earned from each employer in the base period, except that if s. 108.04 (1) (f), (5), (5g), (7) (a), (c), (cg), (e), (L), (q), (s), or (t), (7m), or (8) (a) and (c) or 108.07 (3), (3r), or (5) (am) 2. would have applied to employment by such an employer who is subject to the contribution requirements of ss. 108.17 and 108.18, the department shall charge the share of benefits based on employment with that employer to the fund’s balancing account, or, if s. 108.04 (1) (f), or (5), or (5g) or 108.07 (3) would have applied to an employer that is not subject to the contribution requirements of ss. 108.17 and 108.18, the department shall charge the share of benefits based on that employment in accordance with s. 108.07 (5) (am) 1. and 2. The department shall also charge the fund’s balancing account with any other state’s share of such benefits pending reimbursement by that state.

SB45,1743 Section 1743. 108.141 (7) (a) of the statutes is amended to read:

SB45,926,6 108.141 (7) (a) The department shall charge the state’s share of each week of extended benefits to each employer’s account in proportion to the employer’s share of the total wages of the employee receiving the benefits in the employee’s base period, except that if the employer is subject to the contribution requirements of ss. 108.17 and 108.18 the department shall charge the share of extended benefits to which s. 108.04 (1) (f), (5), (5g), (7) (a), (c), (cg), (e), (L), (q), (s), or (t), (7m), or (8) (a) to and (c), or 108.07 (3), (3r), or (5) (am) 2., or 108.133 (3) (f) applies to the fund’s balancing account.

SB45,1744 Section 1744. 108.141 (7) (a) of the statutes, as affected by 2025 Wisconsin Act .... (this act), is amended to read:

SB45,926,15 108.141 (7) (a) The department shall charge the state’s share of each week of extended benefits to each employer’s account in proportion to the employer’s share of the total wages of the employee receiving the benefits in the employee’s base period, except that if the employer is subject to the contribution requirements of ss. 108.17 and 108.18 the department shall charge the share of extended benefits to which s. 108.04 (1) (f), (5), (5g), (7) (a), (c), (cg), (e), (L), (q), (s), or (t), (7m), or (8) (a) and (c) or 108.07 (3), (3r), or (5) (am) 2. applies to the fund’s balancing account.

SB45,1745 Section 1745. 108.16 (6m) (a) of the statutes is amended to read:

SB45,926,20 108.16 (6m) (a) The benefits thus chargeable under sub. (7) (a) or (b) or s. 108.04 (1) (f), (5), (5g), (7) (u), (7m), (8) (a) to and (c), (13) (c) or (d) or (16) (e), 108.07 (3), (3r), (5) (am) 2. and (bm) 3. a., (5m), and (6), 108.133 (3) (f), 108.14 (8n) (e), 108.141, 108.15, 108.151, or 108.152.

SB45,1746 Section 1746. 108.16 (6m) (a) of the statutes, as affected by 2025 Wisconsin Act .... (this act), is amended to read:

SB45,927,2 108.16 (6m) (a) The benefits thus chargeable under sub. (7) (a) or (b) or s. 108.04 (1) (f), (5), (5g), (7) (u), (7m), (8) (a) and (c), (13) (c) or (d) or (16) (e), 108.07 (3), (3r), (5) (am) 2. and (bm) 3. a., (5m), and (6), 108.14 (8n) (e), 108.141, 108.15, 108.151, or 108.152.

SB45,1747 Section 1747. 108.17 (2) of the statutes is amended to read:

SB45,927,11 108.17 (2) (a) Except as provided in par. (b) and subject to sub. (2b) and s. 108.185, every employer that is subject to a contribution requirement shall file quarterly reports of contributions required under this chapter with the department, and pay contributions to the department, in such manner as the department prescribes. Each contribution report and payment is due at the close of the month next following the end of the applicable calendar quarter, except as authorized in sub. (2c) or as the department may assign a later due date pursuant to sub. (1m) or general department rules.

SB45,927,22 (b) The department may electronically provide a means whereby an employer that files its employment and wage reports electronically may determine the amount of contributions due for payment by the employer under s. 108.18 for each quarter. If an employer that is subject to a contribution requirement files its employment and wage reports under s. 108.205 (1) electronically, in the manner prescribed by the department for purposes of this paragraph under s. 108.205 (2), the department may require the employer to determine electronically the amount of contributions due for payment by the employer under s. 108.18 for each quarter. In such case, the employer is excused from filing contribution reports under par. (a). The employer shall pay the amount due for each quarter by the due date specified in par. (a).

SB45,1748 Section 1748. 108.17 (2b) of the statutes is amended to read:

SB45,928,13 108.17 (2b) The department shall prescribe a form and methodology for filing contribution reports under sub. (2) electronically. Each employer of 25 or more employees, as determined under s. 108.22 (1) (ae), that does not use an and employer agent to file its contribution reports under this section shall file its contribution reports electronically in the manner and form prescribed by the department. Each employer that becomes subject to an electronic reporting requirement under this subsection shall file its initial report under this subsection for the quarter during which the employer becomes subject to the reporting requirement. Once an employer becomes subject to a reporting requirement under this subsection, it shall continue to file its reports under this subsection unless that requirement is waived by the department unless the employer demonstrates good cause, as specified in s. 108.022, for being unable to file contribution reports electronically.

SB45,1749 Section 1749. 108.17 (2g) of the statutes is repealed.

SB45,1750 Section 1750. 108.17 (7) of the statutes is repealed.

SB45,1751 Section 1751. 108.185 of the statutes is created to read:

SB45,929,2 108.185 Payment of contributions and reimbursements; good cause. Each employer, employer agent, person liable under s. 108.22 (9), and private agency liable under s. 108.22 (10) shall pay all contributions, reimbursements, interest, penalties, assessments, and other amounts due under this chapter by means of electronic funds transfer or another electronic method as approved by the department unless the employer, employer agent, person, or private agency demonstrates good cause, as specified in s. 108.022, for being unable to pay such amounts electronically.

SB45,1752 Section 1752. 108.19 (1s) (a) 5. of the statutes is repealed.

SB45,1753 Section 1753. 108.205 (1m) of the statutes is repealed.

SB45,1754 Section 1754. 108.205 (2) of the statutes is amended to read:

SB45,929,16 108.205 (2) Each employer of 25 or more employees, as determined under s. 108.22 (1) (ae), that does not use an employer agent to file its reports under this section and employer agent shall file the quarterly report under sub. (1) electronically in the manner and form prescribed by the department. An employer that becomes subject to an electronic reporting requirement under this subsection shall file its initial report under this subsection for the quarter during which the employer becomes subject to the reporting requirement. Once an employer becomes subject to the reporting requirement under this subsection, the employer shall continue to file its quarterly reports under this subsection unless that requirement is waived by the department unless the employer demonstrates good cause, as specified in s. 108.022, for being unable to file reports electronically.

SB45,1755 Section 1755. 108.22 (1) (ac) of the statutes is amended to read:

SB45,929,23 108.22 (1) (ac) In addition to any fee assessed under par. (a), the department may assess an employer or employer agent that is subject to the reporting requirement under s. 108.205 (2) and that fails to file its report in the manner and form prescribed under that subsection a penalty of $20 for each employee whose information is not reported in the that manner and form prescribed under s. 108.205 (1m) (b) or (2).

SB45,1756 Section 1756. 108.22 (1) (ad) 1. of the statutes is amended to read:

SB45,930,6 108.22 (1) (ad) 1. An employer agent that is subject to the reporting requirements under s. 108.17 (2g) (2b) and that fails to file a contribution report in accordance with s. 108.17 (2g) (2b) may be assessed a penalty by the department in the amount of $25 for each employer whose report is not filed electronically in the manner and form prescribed by the department.

SB45,1757 Section 1757. 108.22 (1) (af) of the statutes is amended to read:

SB45,930,15 108.22 (1) (af) In addition to the fee assessed under par. (a), the department may assess an employer or employer agent a person that is subject to a requirement required to make contributions a payment to the department by means of an electronic funds transfer method under s. 108.17 (7) 108.185 and that pays contributions makes the payment by any method inconsistent with s. 108.17 (7) 108.185 a penalty of the greater of $50 or an amount equal to one-half of one 1 percent of the total contributions amount paid by the employer or employer agent person for the quarter in which the violation occurs.

SB45,1758 Section 1758. 108.221 (1) (a) of the statutes is renumbered 108.221 (1) (a) (intro.) and amended to read:

SB45,930,23 108.221 (1) (a) (intro.) Any employer described in s. 108.18 (2) (c) or engaged in the painting or drywall finishing of buildings or other structures who knowingly and intentionally provides false information to the department for the purpose of misclassifying or attempting to misclassify an individual who is an employee of the employer as a nonemployee shall, for each incident, be assessed a penalty by the department as follows:

SB45,931,4 1. For each act occurring before the date of the first determination of a violation of this subsection, the employer shall be assessed a penalty in the amount of $500 for each employee who is misclassified, but not to exceed $7,500 per incident.

SB45,1759 Section 1759. 108.221 (1) (a) 2. of the statutes is created to read:

SB45,931,8 108.221 (1) (a) 2. For each act occurring after the date of the first determination of a violation of this subsection, the employer shall be assessed a penalty in the amount of $1,000 for each employee who is misclassified.

SB45,1760 Section 1760. 108.221 (2) of the statutes is renumbered 108.221 (2) (intro.) and amended to read:

SB45,931,14 108.221 (2) (intro.) Any employer described in s. 108.18 (2) (c) or engaged in the painting or drywall finishing of buildings or other structures who, through coercion, requires an individual to adopt the status of a nonemployee shall be assessed a penalty by the department as follows:

SB45,931,17 (a) For each act occurring before the date of the first determination of a violation of this subsection, the employer shall be assessed a penalty in the amount of $1,000 for each individual so coerced, but not to exceed $10,000 per calendar year.

SB45,1761 Section 1761. 108.221 (2) (b) of the statutes is created to read:

SB45,931,21 108.221 (2) (b) For each act occurring after the date of the first determination of a violation of this subsection, the employer shall be assessed a penalty in the amount of $2,000 for each individual so coerced.

SB45,1762 Section 1762. 108.24 (2m) of the statutes is amended to read:

SB45,932,11 108.24 (2m) Any employer described in s. 108.18 (2) (c) or engaged in the painting or drywall finishing of buildings or other structures who, after having previously been assessed an administrative penalty by the department under s. 108.221 (1), knowingly and intentionally provides false information to the department for the purpose of misclassifying or attempting to misclassify an individual who is an employee of the employer as a nonemployee shall be fined $1,000 for each employee who is misclassified, subject to a maximum fine of $25,000 for each violation. The department may, regardless of whether an employer has been subject to any administrative assessment under s. 108.221 or any other penalty or assessment under this chapter, refer violations of this subsection for prosecution by the department of justice or the district attorney for the county in which the violation occurred.

SB45,1763 Section 1763. 109.03 (1) (b) of the statutes is amended to read:

SB45,932,17 109.03 (1) (b) School district employees, cooperative educational service agency employees, and private school employees who voluntarily request payment over a 12-month period for personal services performed during the school year, unless, with respect to private school employees, the employees are covered under a valid collective bargaining agreement which precludes this method of payment.

SB45,1764 Section 1764. 109.09 (1) of the statutes is amended to read:

SB45,933,17 109.09 (1) The department shall investigate and attempt equitably to adjust controversies between employers and employees as to regarding alleged wage claims. The department may receive and investigate any wage claim that is filed with the department, or received by the department under s. 109.10 (4), no later than 2 years after the date the wages are due. The department may, after receiving a wage claim, investigate any wages due from the employer against whom the claim is filed to any employee during the period commencing 2 years before the date the claim is filed. The department shall enforce this chapter and s. ss. 66.0903, 2013 stats., s. 103.49, 2013 stats., s. 229.8275, 2013 stats., and s. 16.856, 2015 stats., and ss. 103.02, 103.49, 103.82, and 104.12, and 229.8275. In pursuance of this duty, the department may sue the employer on behalf of the employee to collect any wage claim or wage deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions under s. 109.10, the department may refer such an action to the district attorney of the county in which the violation occurs for prosecution and collection and the district attorney shall commence an action in the circuit court having appropriate jurisdiction. Any number of wage claims or wage deficiencies against the same employer may be joined in a single proceeding, but the court may order separate trials or hearings. In actions that are referred to a district attorney under this subsection, any taxable costs recovered by the district attorney shall be paid into the general fund of the county in which the violation occurs and used by that county to meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office of the district attorney who prosecuted the action.

SB45,1765 Section 1765. 109.09 (3) of the statutes is repealed.

SB45,1766 Section 1766. 109.11 (1) (c) of the statutes is amended to read:

SB45,933,24 109.11 (1) (c) If an employer does not agree to compromise and settle a wage claim under this subsection, the department may refer the wage claim to a district attorney under s. 109.09 (1) or to the department of justice under s. 109.10 (3) for commencement of an action in circuit court to collect the amount of wages due and unpaid plus increased wages as specified in sub. (2) (b) (a).

SB45,1767 Section 1767. 109.11 (2) (a) of the statutes is amended to read:

SB45,934,8 109.11 (2) (a) In Except as provided in par. (c), in a wage claim action that is commenced by an employee before the department has completed its investigation under s. 109.09 (1) and its attempts to compromise and settle the wage claim under sub. (1), a circuit court may shall order the employer to pay to the employee, in addition to the amount of wages due and unpaid and in addition to or in lieu of the criminal penalties specified in sub. (3), increased wages of not more than 50 100 percent of the amount of wages due and unpaid.

SB45,1768 Section 1768. 109.11 (2) (b) of the statutes is repealed.

SB45,1769 Section 1769. 109.11 (2) (c) of the statutes is created to read:

SB45,934,13 109.11 (2) (c) An employer may rebut the presumption of increased wages under par. (a) by demonstrating that they acted in good faith and had a reasonable belief that they were in compliance with the law.

SB45,1770 Section 1770. 111.01 of the statutes is created to read:

SB45,934,17 111.01 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:

SB45,934,21 (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.

SB45,935,12 (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.

SB45,935,17 (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.

SB45,936,2 (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.

SB45,1771 Section 1771. 111.04 (1) and (2) of the statutes are consolidated, renumbered 111.04 and amended to read:

SB45,936,12 111.04 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.

SB45,1772 Section 1772. 111.04 (3) of the statutes is repealed.