SB45: Bill Text

SB45,853,14 (j) “Parent” means a biological parent, foster parent, adoptive parent, stepparent, or legal guardian of an employee or of an employee’s spouse or domestic partner.

SB45,853,16 (k) “Part-time employee” means an employee who works on average fewer than 30 hours per week for a particular employer.

SB45,853,20 (L) “Service employee” means a nonexempt employee who is employed in any of the occupations classified under the following codes set forth in the Standard Occupational Classification System, 2018 edition, published by the bureau of labor statistics of the U.S. department of labor:

SB45,853,22 1. Major group code 35-0000 — food preparation and serving related occupations.

SB45,853,23 2. Broad occupation code 37-2010 — building cleaning workers.

SB45,854,2 3. Detailed occupation code 41-1011 — first-line supervisors of retail sales workers.

SB45,854,3 4. Minor group code 41-2000 — retail sales workers.

SB45,854,5 (m) “Sibling” means a brother, sister, half brother, half sister, stepbrother, stepsister, foster brother, or foster sister, whether by blood, marriage, or adoption.

SB45,854,8 (n) “Split shift” means a work shift that consists of work time that is not continuous. For purposes of determining whether a work shift is continuous, any of the following breaks in work time are not considered:

SB45,854,9 1. One or more breaks for meals that total one hour or less.

SB45,854,10 2. A break that is requested by the employee.

SB45,854,13 (o) “Work schedule” means the days and times during each successive work period when an employee is required by an employer to perform duties of employment.

SB45,854,15 (p) “Work shift” means the specific times during a day that an employer requires an employee to work.

SB45,854,17 (q) “Written” includes a communication that is transmitted or received by electronic means.

SB45,854,21 (2) Employee right to request and receive work schedule changes. (a) Employee right to request work schedule changes. 1. An employee may request a change in the terms and conditions of employment related to any of the following, and may make such a request by email or text message:

SB45,854,22 a. The number of hours the employee is required to work or be on call for work.

SB45,855,2 b. The days or times when the employee is required to work or be on call for work.

SB45,855,3 c. The location where the employee is required to work.

SB45,855,5 d. The amount of notification the employee receives regarding changes to the employee’s work schedule.

SB45,855,7 e. Minimizing fluctuations in the number of hours the employee is scheduled to work on a daily, weekly, or monthly basis.

SB45,855,9 2. An employee who makes a request under subd. 1. shall specify in the request whether it is related to any of the following:

SB45,855,11 a. A serious health condition, as defined under s. 103.10 (1) (g), of the employee.

SB45,855,15 b. The employee’s responsibilities as a significant provider of ongoing care, including responsibility for securing ongoing care, of the employee’s child, family member with a serious health condition, as defined under s. 103.10 (1) (g), or parent who is 65 years of age or older.

SB45,855,17 c. The employee’s responsibilities as a significant provider of education, including responsibility for securing education, of the employee’s child.

SB45,855,19 d. The employee’s enrollment in an educational or training program or program of study that leads to a recognized postsecondary credential.

SB45,855,21 e. If the employee is a part-time employee, conflicts with the employee’s other employment.

SB45,856,6 (b) Evaluating requests for work schedule changes. If an employer receives a request from an employee under par. (a), the employer shall either grant the request without modification or negotiate in good faith with the employee to find a compromise that meets the employee’s and the employer’s work scheduling needs, including by considering any alternative proposals offered by the employee. If the employer denies the request and any alternative proposals offered, the employer shall inform the employee of the reasons for denial, including whether any of the reasons is a bona fide business reason.

SB45,856,11 (c) Requests related to serious health conditions, caregiving, education, or other part-time employment. Notwithstanding par. (b), if an employer receives a request from an employee under par. (a) that is directly related to a reason specified under par. (a) 2., the employer shall grant the request unless the employer has a bona fide business reason for denying the request.

SB45,856,16 (d) Verification of reasons for requested changes. If an employer receives a request from an employee under par. (a), the employer may require the employee to provide additional information to clarify or explain the reasons for the employee’s requested work schedule change if the employer needs that information to properly evaluate the request under par. (b) or (c).

SB45,856,20 (3) Predictable work schedules for retail, food service, and cleaning employees. (a) Advance notice of work schedules required. 1. On or before the first day of work of a new service employee, an employer shall provide the service employee with a written copy of the service employee’s work schedule.

SB45,857,2 2. Except as provided in pars. (b) and (c), if an employer changes a work schedule provided to a service employee under this subdivision or subd. 1., the employer shall provide the service employee with a written copy of the new work schedule no later than 14 days before the new work schedule begins.

SB45,857,4 3. An employer shall post a copy of a work schedule provided under this paragraph in at least one of the following ways:

SB45,857,6 a. In one or more conspicuous places where notices to employees are customarily posted.

SB45,857,7 b. On a website accessible by all of the employer’s employees.

SB45,857,9 4. If an employer changes a work schedule after it is posted under subd. 3., the employer shall revise the posted work schedule to reflect those changes.

SB45,857,18 (b) Employer-initiated changes to work schedules without advance notice. 1. An employer may change, without the advance notice required under par. (a) 2., a work schedule provided to a service employee under par. (a) 1. or 2. as provided in this paragraph. Except as provided under subd. 2., if the employer changes a work schedule provided to a service employee under par. (a) 1. or 2. less than 14 days before the new work schedule begins, the employer shall provide the service employee compensation for the change in an amount equal to the service employee’s regular rate of pay for one hour of work in addition to any other compensation earned by the service employee.

SB45,857,21 2. An employer is not required to pay compensation to a service employee under subd. 1. for a change to the service employee’s work schedule if any of the following applies to the change:

SB45,857,22 a. The service employee consents to the change.

SB45,858,2 b. The employer requires the service employee to work additional time or an additional work shift because another service employee was scheduled to work that time or work shift and is unexpectedly unavailable to work.

SB45,858,7 (c) Employee-initiated changes to work schedules. An employer may allow a service employee to agree to work in place of another service employee if the service employees mutually agree to the change. The employer is not required to provide compensation under par. (b) 1. to a service employee with respect to a work shift agreement under this paragraph.

SB45,858,12 (d) Compensation for reporting time, on-call time, and split shifts. 1. Except as provided in subd. 4., if a service employee reports to work and the service employee’s employer does not allow the service employee to work all time that the service employee is scheduled to work, the employer shall provide the service employee with the following compensation:

SB45,858,16 a. If the service employee is scheduled to work 4 hours or less, an amount equal to the service employee’s regular rate of pay for all time the service employee is scheduled to work but does not work in addition to any other compensation earned by the service employee for time the service employee actually works.

SB45,858,21 b. If the service employee is scheduled to work more than 4 hours and works less than 4 hours, an amount equal to the service employee’s regular rate of pay for the difference between 4 hours and the amount of time the service employee actually works in addition to any other compensation earned by the service employee for time the service employee actually works.

SB45,859,5 2. Except as provided in subd. 4., if an employer requires a service employee to contact the employer, or wait to be contacted by the employer, less than 24 hours before a work shift begins to determine whether the employer will require the service employee to report to work for that work shift, the employer shall provide the service employee compensation in an amount equal to the service employee’s regular rate of pay for one hour of work in addition to any other compensation earned by the service employee for time the service employee actually works.

SB45,859,10 3. Except as provided in subd. 4, if an employer requires a service employee to work a split shift, the employer shall provide the service employee compensation in an amount equal to the service employee’s regular rate of pay for one hour of work in addition to any other compensation earned by the service employee for time the service employee actually works.

SB45,859,14 4. If a service employee is entitled to more than one type of compensation under subds. 1. to 3. with respect to a particular work shift, the employer shall pay the service employee the compensation required under subd. 1., 2., or 3., whichever is greatest.

SB45,859,20 (e) Manner of payment of additional compensation. An employer that is required to provide compensation to a service employee under par. (b) 1. or (d) shall pay that compensation on the service employee’s regular paycheck or other wage payment. The employer shall identify on the paycheck, pay envelope, or paper accompanying the wage payment the amount of and reason for all additional compensation paid.

SB45,859,23 (f) Exception. An employer is not required to comply with this subsection during a period in which the employer’s regular operations are suspended due to an event outside of the employer’s control.

SB45,860,7 (4) Prohibited acts. (a) No employer may interfere with, restrain, or deny the exercise of the right of an employee to request and receive a change in the terms and conditions of employment as provided under sub. (2). No employer may interfere with, restrain, or deny the exercise of the right of a service employee to receive advance notice of work schedules as provided under sub. (3) (a), receive compensation as provided under sub. (3) (b) 1. and (d), or request approval to work in place of another employee as provided under sub. (3) (c).

SB45,860,14 (b) No employer may discharge or discriminate against an employee in promotion, in compensation, or in the terms, conditions, or privileges of employment for exercising a right of an employee described under par. (a), opposing a practice prohibited under this section, filing or indicating an intent to file a complaint or otherwise attempting to enforce a right under this section, or testifying, assisting, or participating in any manner in any investigation, action, or proceeding to enforce a right under this section.

SB45,860,16 (c) Section 111.322 (2m) applies to discharge or other discriminatory acts arising in connection with any proceeding under this section.

SB45,861,2 (5) Enforcement. (a) Administrative proceeding. An employee whose rights are interfered with, restrained, or denied in violation of sub. (4) (a) or who is discharged or discriminated against in violation of sub. (4) (b) may file a complaint with the department, and the department shall process the complaint in the same manner that employment discrimination complaints are processed under s. 111.39. If the department finds that a violation has occurred, the department may order the employer to take action to remedy the violation, including any action authorized under s. 111.39.

SB45,861,7 (b) Civil action. 1. The department or an employee whose rights are interfered with, restrained, or denied in violation of sub. (4) (a) or who is discharged or discriminated against in violation of sub. (4) (b) may bring an action in circuit court against an employer on the basis of the violation without regard to exhaustion of any administrative remedy.

SB45,861,10 2. In an action under subd. 1., if the circuit court finds that a violation of sub. (4) (a) or (b) has occurred with respect to an employee, the circuit court shall order the defendant to pay to the employee all of the following:

SB45,861,12 a. Compensatory damages in an amount that the circuit court or jury finds appropriate.

SB45,861,17 b. Unless the employer proves that the employer acted in good faith and had a reasonable basis for believing that the act or omission that constituted the violation was not a violation of this section, an additional amount as liquidated damages equal to 100 percent of the amount of compensatory damages determined under subd. 2. a.

SB45,861,19 c. Notwithstanding s. 814.04 (1), reasonable attorney fees and costs incurred in the action.

SB45,861,21 3. Damages awarded under subd. 2. are in addition to any back pay or other amounts awarded under s. 111.39 or 111.395.

SB45,862,2 (6) Penalties. In addition to any damages imposed under sub. (5), an employer that willfully violates this section may be required to forfeit not more than $1,000 for each violation. Each day of continued violation constitutes a separate offense.

SB45,862,6 (7) Notice posted. An employer shall post, in one or more conspicuous places where notices to employees are customarily posted, a notice in a form approved by the department setting forth employees’ rights under this section. An employer that violates this subsection shall forfeit not more than $100 for each violation.

SB45,1622 Section 1622. 103.06 (1) (b) (intro.) of the statutes is amended to read:

SB45,862,10 103.06 (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:

SB45,1623 Section 1623. 103.06 (1) (c) (intro.) of the statutes is amended to read:

SB45,862,14 103.06 (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):

SB45,1624 Section 1624. 103.06 (2) of the statutes is renumbered 103.06 (10), and 103.06 (10) (intro.) and (a), as renumbered, are amended to read:

SB45,862,21 103.06 (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:

SB45,863,5 (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.

SB45,1625 Section 1625. 103.06 (10) (f) of the statutes is created to read:

SB45,863,10 103.06 (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.

SB45,1626 Section 1626. 103.06 (11) of the statutes is created to read:

SB45,863,15 103.06 (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.

SB45,1627 Section 1627. 103.08 of the statutes is created to read:

SB45,863,17 103.08 Paid family and medical leave. (1) Definitions. In this section:

SB45,863,20 (a) “Application year” means the 12-month period beginning on the first day of the first calendar week for which leave benefits are claimed by an employee under this section.

SB45,864,5 (b) “Average weekly earnings” means one-thirteenth of the wages paid to an employee during the last completed calendar quarter prior to the employee’s date of eligibility for leave benefits under this section and includes all sick, holiday, vacation, and termination pay that is paid directly by an employer to an employee at the employee’s usual rate of pay during his or her last completed calendar quarter as a result of employment for an employer and any total or partial disability payments under ch. 102 or a federal law that provides for payments on account of a work-related injury or illness.

SB45,864,9 (d) “Employee” has the meaning given in s. 103.10 (b), except that it does not include employees whose compensation is established under s. 20.923 (2) or (3) or 230.12 (9m) or employees of the Board of Regents of the University of Wisconsin System.

SB45,864,13 (e) “Employer” has the meaning given in s. 103.10 (1) (c), except that it does not include any entity whose employees’ compensation is established under s. 20.923 (2) or (3) or 230.12 (9m) or the Board of Regents of the University of Wisconsin System.

SB45,864,15 (f) “Family leave” means leave from employment taken for any of the reasons under s. 103.10 (3) (b) 1. to 7.

SB45,864,17 (g) “Insurer” means a company that issues an insurance policy to an employer to provide leave benefits under this section.

SB45,864,18 (h) “Leave benefits” means benefits provided under sub. (2).

SB45,864,20 (i) “Medical leave” means leave from employment taken for any of the reasons under s. 103.10 (4).

SB45,865,2 (2) Paid benefit requirement. Each employer shall provide paid leave benefits to their employees for up to 8 weeks of family and medical leave in the amount specified in sub. (3). Employees shall be paid leave benefits for consecutive family and medical leave or intermittent family leave and medical leave at the employee’s sole discretion.

SB45,865,4 (3) Benefit amount. The amount of leave benefits for a week for which those benefits are payable is as follows:

SB45,865,8 (a) For the amount of the employee's average weekly earnings that are not more than 50 percent of the state annual median wage in the calendar year before the employee’s application year, 90 percent of that individual's average weekly earnings.

SB45,865,11 (b) For the amount of the employee’s average weekly earnings that are more than 50 percent of the state annual median wage in the calendar year before the employee’s application year, 50 percent of that employee’s average weekly earnings.

SB45,865,13 (4) Insurance. (a) An employer may contract with an insurance company to provide coverage for the leave benefits required under sub. (2).

SB45,865,16 (b) Employers may not deduct any fees from employee compensation for the cost of insurance coverage or otherwise charge employees for the cost of insurance coverage under this subsection.

SB45,865,18 (c) Insurance policies for leave benefits shall allow for employees to seek arbitration following a denial of leave benefits by the insurer.

SB45,865,21 (5) Federal tax treatment of benefits. With respect to the federal income taxation of family or medical leave insurance benefits, an employer shall do all of the following: