SB232,3990Section 39. 230.43 (4) of the statutes is amended to read:
SB232,,9191230.43 (4) Rights of employee. If an employee has been removed, demoted or reclassified, from or in any position or employment in contravention or violation of this subchapter, and has been restored to such position or employment by order of the commission or any court upon review, the employee shall be entitled to compensation therefor from the date of such unlawful removal, demotion or reclassification at the rate to which he or she would have been entitled by law but for such unlawful removal, demotion or reclassification. Interim earnings or amounts earnable with reasonable diligence by the employee shall operate to reduce back pay otherwise allowable. Amounts received by the employee as unemployment reemployment assistance benefits or welfare payments shall not reduce the back pay otherwise allowable, but shall be withheld from the employee and immediately paid to the unemployment reserve fund or, in the case of a welfare payment, to the welfare agency making such payment. The employee shall be entitled to an order of mandamus to enforce the payment or other provisions of such order.
SB232,4092Section 40. 230.85 (3) (d) of the statutes is amended to read:
SB232,,9393230.85 (3) (d) Interim earnings or amounts earnable with reasonable diligence by the person subjected to the retaliatory action or threat shall reduce back pay otherwise allowable. Amounts received by the person subjected to the retaliatory action or threat as unemployment reemployment assistance benefits or welfare payments do not reduce the back pay otherwise allowable, but shall be withheld from the person subjected to the retaliatory action or threat and immediately paid to the unemployment reserve fund or to the welfare agency making the payment.
SB232,4194Section 41. 779.01 (2) (am) of the statutes is amended to read:
SB232,,9595779.01 (2) (am) “Labor” includes any wages and related contributions for state employment taxes, worker’s compensation and unemployment compensation insurance reemployment assistance, and other fringe benefits.
SB232,4296Section 42. Terminology changes.
SB232,,9797(1) Unemployment insurance; terminology changes.
SB232,,9898(a) Wherever “unemployment insurance” appears in the following, as affected by the acts of 2023, “reemployment assistance” is substituted: ss. 6.10 (9), 13.63 (1) (b), 15.227 (3), 16.48 (1) (intro.), (am), (bm), and (f) and (3), 19.85 (1) (ee), 20.002 (11) (a), 20.445 (1) (gm), (n), and (ne), 29.024 (2r) (title) and (d) 1., 46.272 (7) (e), 47.035 (1), 48.715 (7), 49.163 (2) (am) 5., 49.19 (4) (dm) 4., 50.498 (title) and (4) (b), 51.032 (title) and (4), 59.40 (2) (e), 59.57 (2) (b), 66.1103 (1) (a), 71.01 (10) (b), 71.05 (6) (b) 47m., 71.26 (1) (h), 71.45 (1) (c), 71.52 (6), 71.67 (7) (a) and (b) 2., 71.80 (16) (a) and (b), 73.0301 (2) (c) 2., 73.09 (8), 93.135 (title) and (4), 101.654 (2) (c), 102.17 (1) (c) 2., 102.28 (7) (b) 2., 102.315 (2m) (d), 103.34 (10) (title), 103.92 (3) and (8) (title), 105.13 (1), 108.02 (15) (c) 1., (dm) 1., (e), (i) 2., and (k) 9., 10., and 19. b., (21) (a) 2. and (b), and (21e) (e), 108.04 (2) (ae), (4) (c), (5) (intro.), (5g) (a) (intro.), (7) (a) and (L) (intro.), (8) (a) and (c), (11) (g) 2. d., (12) (c) and (d), and (13) (g) 2., 108.06 (5) (a), 108.065 (3), 108.068 (6), 108.07 (3m) and (5m), 108.13 (2) and (4) (b), (c) (intro.), (e), and (f), 108.135 (1) (intro.) and (a), 108.14 (5) (a), (ag), and (ar), (6), (7) (a), (8) (a), (8m) (a), (8n) (a) and (b), (8s) (a) and (b), (8t), (9), (13), (14), (18), (19), (23) (b) 1., and (24), 108.141 (1) (h) and (3g) (a) 2., (c), and (d), 108.142 (1) (i), 108.155 (6), 108.16 (5) (b), 108.161 (3) and (3e), 108.162 (1), 108.19 (1e) (d), (1f) (b), and (4), 108.20 (2m), 108.227 (title) and (2) (c) 2., 115.31 (6m), 116.03 (4), 118.19 (1m) (b), 120.25 (2) (a) and (6), 138.09 (3) (am) 2. and (4) (c), 138.12 (4) (b) 5m. and (5) (am) 1. b. and 3., 138.14 (5) (b) 2m. and (9) (cm), 146.40 (4d) (d), 165.066 (title), 169.35 (title) and (3), 170.12 (8) (b) 1. bm. and 4., 175.46 (5) (a), 202.021 (4) (a) 6., 202.06 (2) (g), 202.23 (2), 217.06 (5m), 217.09 (1t), 218.0116 (1g) (b) and (1m) (a) 2m. and (d), 218.02 (3) (dm), (6) (d), and (9) (a) 1m., 218.04 (4) (am) 2m. and (5) (at), 218.05 (4) (c) 2m., (11) (bm), and (12) (at), 218.11 (6m) (c), 218.12 (3m) (c), 218.22 (3m) (c), 218.32 (3m) (c), 218.41 (3m) (b) 3., 218.51 (4m) (b) 3., 224.44 (title), 224.72 (7m) (bm), 224.725 (6) (bm), 224.77 (2m) (e), 224.95 (1) (bm), 230.26 (4), 238.31 (1) (e) 4. c., 238.397 (2) (a) 4. c., 254.115 (title) and (5), 254.176 (5), 254.20 (7), 256.18 (title) and (4m), 299.07 (title) and (3), 303.08 (3), (4), and (5) (intro.), 341.51 (4m) (c), 343.305 (6) (e) 6., 343.66 (3m), 440.12 (title) and (2), 463.14 (title) and (5), 551.412 (4g) (a) 2m. and (d), 562.05 (5) (a) 11. and (8) (f), 563.285 (title) and (1m), 628.097 (title) and (2m), 628.10 (2) (cm), 628.93 (2) (title), 632.69 (2) (d) 2. and (4) (d), 633.14 (2m) (b), 633.15 (2) (d), 751.155 (title) and (3), 815.18 (13) (j), 859.02 (2) (a), and 949.06 (3) (b).
SB232,,9999(b) Wherever “unemployment compensation” appears in the following, as affected by the acts of 2023, “reemployment assistance” is substituted: ss. 49.45 (23b) (a) 2. f., 71.07 (6n) (c) 3., 71.28 (6n) (c) 3., 71.47 (6n) (c) 3., 108.04 (13) (g) 1. b., 108.11 (2), 701.0508 (1) (b) 1., 756.04 (2) (c) 4., and 767.75 (3m) (title).
SB232,,100100(c) Wherever “unemployment” appears in the following, as affected by the acts of 2023, “reemployment assistance” is substituted: ss. 20.427 (1) (k) (title), 20.445 (1) (gc) (title), (gg) (title), (gh) (title), (nb) (title), (u), and (v), 25.17 (1) (xe) and (xf), 108.04 (2) (bb) 5., 108.16 (6) (i) and (m) and (6m) (b), 108.19 (title), (1f) (a), (1q), and (1s) (a) (intro.) and 2. and (b), 108.221 (3), 108.225 (4) (b), and 111.15.
SB232,43101Section 43. Nonstatutory provisions.
SB232,,102102(1) The department of workforce development shall submit a notice to the legislative reference bureau for publication in the Wisconsin Administrative Register when the department determines that the department has any rules in place that are necessary to implement the treatment of s. 108.04 (2) (a) 3. by this act.
SB232,44103Section 44. Initial applicability.
SB232,,104104(1) The treatment of s. 108.04 (2) (a) 3. first applies with respect to weeks of unemployment beginning on the effective date of this subsection.
SB232,,105105(2) The renumbering and amendment of s. 108.04 (2) (a) 4. and (15) (a) 2., the consolidation, renumbering, and amendment of s. 108.04 (15) (a) (intro.) and 1., and the creation of s. 108.04 (2) (a) 4. c. and 5. and (15) (a) 2. b., (am), and (ao) first apply with respect to weeks of unemployment beginning on the effective date of this subsection.
SB232,45106Section 45. Effective dates. This act takes effect on July 2, 2024, except as follows:
SB232,,107107(1) The treatment of s. 108.04 (2) (a) 3. and Section 44 (1) of this act take effect on the Sunday after the notice under Section 43 (1) of this act is published in the Wisconsin Administrative Register or on December 31, 2023, whichever occurs first.
SB232,,108108(2) The treatment of ss. 108.01 (2m), 108.133 (2) (a) (intro.) and (am), and 108.14 (8o) and (30), the renumbering and amendment of s. 108.04 (2) (a) 4. and (15) (a) 2., the consolidation, renumbering, and amendment of s. 108.04 (15) (a) (intro.) and 1., and the creation of s. 108.04 (2) (a) 4. c. and 5. and (15) (a) 2. b., (am), and (ao) and Sections 43 (1) and 44 (2) of this act take effect on the first Sunday after publication.
SB232,,109109(end)