Register February 2009 No. 638
Chapter DWD 272
MINIMUM WAGES
DWD 272.001 Declaration of policy. DWD 272.02 Applicability of orders. DWD 272.025 Statement of intent. DWD 272.03 Minimum rates. DWD 272.04 Deductions for meals and lodging. DWD 272.06 Domestic service employment, casual employment, and companions in private homes. DWD 272.07 Recreational or educational camps. DWD 272.085 Student worklike activities and employment. DWD 272.09 Subminimum wage licenses for rehabilitation facilities and for the employment of workers with disabilities and student learners. DWD 272.10 Listing deductions from wages. DWD 272.11 Permanent records to be kept by the employer. DWD 272.12 Interpretation of hours worked. DWD 272.14 Prohibition of displacement. Ch. DWD 272 NoteNote: Chapter Ind 72 as it existed on July 31, 1978 was repealed and a new chapter Ind 72 was created effective August 1, 1978. Chapter Ind 72 was renumbered Chapter ILHR 272, Register, February, 1996, No. 482, effective March 1, 1996. Chapter ILHR 272 was renumbered chapter DWD 272 under s. 13.93 (2m) (b) 1., Stats., and corrections were made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, May, 1997, No. 497. DWD 272.001(1)(1) The department, in fulfilling its statutory mandate, has caused extensive studies to be made relative to the consideration of a “living wage” and how the wage should be computed. The concept of “cost of living” and “living wage” is very complex because of the many variables. Any single concept is difficult to apply because of different assumptions, techniques and local conditions. DWD 272.001(2)(2) The rates adopted in this chapter reflect compensation that has been determined to be adequate to permit any employee to maintain herself or himself in minimum comfort, decency, physical and moral well-being. The department has also considered the effect that an increase in the living-wage might have on the economy of the state, including the effect of a living-wage increase on job creation, retention and expansion, on the availability of entry-level jobs and on regional economic conditions within the state. DWD 272.001(6)(6) Room allowances shall be computed on the basis of 20% of the prescribed minimum rate for employees based on a 40 hour week, rounded off to the nearest 5 cents. DWD 272.001(7)(7) Meal allowance shall be computed on the basis of 30% of the prescribed minimum rate for employees based on a 40 hour week, rounded off to the nearest 5 cents. DWD 272.001 HistoryHistory: Cr. Register, July, 1978, No. 271, eff. 8-1-78; am (5) (a), Register, March, 1990, No. 411, eff. 4-1-90; r. (2), renum. (3) to be (2), cr. (3), Register, February, 1992, No. 434, eff. 3-1-92; am. (2), Register, February, 1996, No. 482, eff. 3-1-96; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1996, No. 482; r. (3), (4) and (5), Register, May, 1997, No. 497, eff. 6-1-97. DWD 272.01DWD 272.01 Definitions. As used in this chapter: DWD 272.01(1)(1) “Agriculture” will mean the same as “farm premises” as defined in s. 102.04 (3), Stats., of the worker’s compensation act. DWD 272.01(2)(2) “Bona fide school training program” means a program sponsored by an accredited school and authorized and approved by the state department of public instruction or the board of vocational, technical and adult education or other recognized educational body and provides for part-time employment training which may be scheduled for a part of the workday or workweek, supplemented by and integrated with a definitely organized plan of instruction and where proper scholastic credit is given by the school. DWD 272.01(3)(3) A “bona fide vocational training program” is one authorized and approved by the state board of vocational, technical and adult education or other recognized educational body and provides for part-time employment training which may be scheduled for a part of the workday or workweek, for alternating weeks or for other limited periods during the year, supplemented by and integrated with a definitely organized plan of instruction designed to teach technical knowledge and related to industrial information given as a regular part of a student learner’s course by an accredited school, college or university. DWD 272.01(4)(4) “Department” means the department of workforce development. DWD 272.01(5)(a)(a) The term “employer” shall mean and include every person, firm or corporation, agent, manager, representative, contractor, subcontractor or principal, or other person having control or direction of any person employed at any labor or responsible directly or indirectly for the wages of another. DWD 272.01(5)(b)(b) The term “employer” shall also include any person, partnership, or corporation engaged in the processing of cucumbers into pickles, who is responsible directly or indirectly for the wages paid for the services of “workers” engaged in the harvesting of cucumbers providing: DWD 272.01(5)(b)1.1. That the processor or the processor’s agent directly or indirectly pays each “worker” performing services in the harvesting of cucumbers or, DWD 272.01(5)(b)2.2. That the processor or the processor’s agent has the right (whether exercised or not) to terminate the services of the “worker” or to transfer a worker’s services from one grower to another. DWD 272.01(8)(8) “Industry” means a trade, business, industry, or branch thereof, or group of industries in which individuals are gainfully employed. DWD 272.01(9)(9) A “minor” shall mean any person under 18 years of age. DWD 272.01(9m)(9m) “Minor employee” means a minor who is paid at the applicable minor minimum wage rate. DWD 272.01(11)(11) “Opportunity employee” means an employee who is not yet 20 years old, during the first 90 consecutive days after the employee is initially employed by the employer. DWD 272.01(12)(12) “Tipped employee” means any employee engaged in an occupation in which they customarily and regularly receive tips or gratuities from patrons or others. DWD 272.01 HistoryHistory: Cr. Register, July, 1978, No. 271, eff. 8-1-78; cr. (15), Register, August, 1987, No. 380, eff. 9-1-87; cr. (16), Register, June, 1989, No. 402, eff. 7-1-89; renum. (3) to (16) to be (4) to (9), (12), (15), (13), (17), (3), (16), (14) and (11) and am. (11), cr. (10), Register March, 1990, No. 411, eff. 4-1-90; r. (6) and (7), Register, February, 1992, No. 434, eff. 3-1-92; renum. (12) to (17) to be ILHR 272.09 (1) (g), (h), (j), (k), ILHR 272.01 (12) and ILHR 272.09 (1) (m), Register, February, 1996, No. 482, eff. 3-1-96; am. (4) and r. (11), Register, May, 1997, No. 497, eff. 6-1-97; emerg. cr. (11), eff. 5-31-97; cr. (11), Register, September, 1997, No. 501, eff. 10-1-97; emerg. cr. (9m) eff. 6-1-05; CR 05-056: cr. (9m) Register August 2005 No. 596, eff. 11-1-05. DWD 272.02DWD 272.02 Applicability of orders. The rates prescribed in this chapter shall apply to all employees, including indentured apprentices, employed at private employments including nonprofit organizations, whether paid on a time, piece rate, commission, or other basis. DWD 272.02 HistoryHistory: Cr. Register, July, 1978, No. 271, eff. 8-1-78. DWD 272.025DWD 272.025 Statement of intent. Nothing contained in s. DWD 272.03 prohibits an employer from paying more than the minimum rates listed in this chapter or from treating an employee as a probationary employee for less than the number of days specified in this chapter. DWD 272.025 HistoryHistory: Cr. Register, June, 1989, No. 402, eff. 7-1-89; correction made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1996, No. 482. DWD 272.03(1)(1) Minimum rates. This subsection is effective on July 24, 2009. Except as provided in ss. DWD 272.05 to 272.09, no employer may employ any employee in any occupation, trade, or industry at a lesser hourly rate than as follows: DWD 272.03(1)(a)(a) All employees except opportunity and minor employees $7.25 per hour. DWD 272.03(1m)(1m) Minimum rates. This subsection is in effect from June 1, 2006, to July 23, 2009. Except as provided in ss. DWD 272.05 to 272.09, no employer may employ any employee in any occupation, trade, or industry at a lesser hourly rate than as follows: DWD 272.03(1m)(a)(a) All employees except opportunity and minor employees $6.50 per hour. DWD 272.03(2)(2) Tips. Where tips or gratuities are received by the employee from patrons or others, the employer may pay the minimum wage rate established by this subsection, providing the employer can establish by its payroll records that for each week where credit is taken, when adding the tips received to the wages paid, no less than the minimum rate prescribed in sub. (1), was received by the employee. The minimum rate shall be the rate established in par. (a). DWD 272.03(2)(a)(a) Minimum rates for tipped employees. All employees except opportunity employees $2.33 per hr. DWD 272.03(2)(b)1.1. When the employer elects to take tip credit the employer must have a tip declaration signed by the tipped employee each pay period and show on the payroll records that any required social security or taxes have been withheld each pay period to show that when adding the tips received to the wages paid by the employer, no less than the minimum rate was received by the employee. When the employer’s time and payroll records do not contain these requirements, no tip credit shall be allowed.
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Department of Workforce Development (DWD)
Chs. DWD 270-279; Labor Standards
section
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