AB50,888,115(6m) Liability and penalties. (ag) 1. A contractor, subcontractor, or
6contractors or subcontractors agent who fails to pay the prevailing wage rate
7determined by the department under sub. (3) or who pays less than 1.5 times the
8hourly basic rate of pay for all hours worked in excess of the prevailing hours of
9labor is liable to any affected employee in the amount of his or her unpaid wages or
10his or her unpaid overtime compensation and in an additional amount as liquidated
11damages as provided in subd. 2. or 3., whichever is applicable.
AB50,888,20122. If the department determines upon inspection under sub. (5) (b) or (c) that
13a contractor, subcontractor, or contractors or subcontractors agent has failed to
14pay the prevailing wage rate determined by the department under sub. (3) or has
15paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of
16the prevailing hours of labor, the department shall order the contractor to pay to
17any affected employee the amount of his or her unpaid wages or his or her unpaid
18overtime compensation and an additional amount equal to 100 percent of the
19amount of those unpaid wages or that unpaid overtime compensation as liquidated
20damages within a period specified by the department in the order.
AB50,889,9213. In addition to or in lieu of recovering the liability specified in subd. 1. as
22provided in subd. 2., any employee for and on behalf of that employee and other
23employees similarly situated may commence an action to recover that liability in

1any court of competent jurisdiction. If the court finds that a contractor,
2subcontractor, or contractors or subcontractors agent has failed to pay the
3prevailing wage rate determined by the department under sub. (3) or has paid less
4than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
5prevailing hours of labor, the court shall order the contractor, subcontractor, or
6agent to pay to any affected employee the amount of his or her unpaid wages or his
7or her unpaid overtime compensation and an additional amount equal to 100
8percent of the amount of those unpaid wages or that unpaid overtime compensation
9as liquidated damages.
AB50,889,14105. No employee may be a party plaintiff to an action under subd. 3. unless the
11employee consents in writing to become a party and the consent is filed in the court
12in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in
13addition to any judgment awarded to the plaintiff, allow reasonable attorney fees
14and costs to be paid by the defendant.
AB50,889,1815(am) Except as provided in pars. (b), (d), and (f), any contractor, subcontractor,
16or contractors or subcontractors agent who violates this section may be fined not
17more than $200 or imprisoned for not more than 6 months or both. Each day that a
18violation continues is a separate offense.
AB50,890,419(b) Whoever induces an individual who seeks to be or is employed on any
20project of public works that is subject to this section to give up, waive, or return any
21part of the wages to which the individual is entitled under the contract governing
22the project, or who reduces the hourly basic rate of pay normally paid to an
23individual for work on a project that is not subject to this section during a week in

1which the individual works both on a project of public works that is subject to this
2section and on a project that is not subject to this section, by threat not to employ, by
3threat of dismissal from employment, or by any other means is guilty of an offense
4under s. 946.15 (1).
AB50,890,145(c) Any individual who is employed on a project of public works that is subject
6to this section who knowingly allows a contractor, subcontractor, or contractors or
7subcontractors agent to pay him or her less than the prevailing wage rate set forth
8in the contract governing the project, who gives up, waives, or returns any part of
9the compensation to which he or she is entitled under the contract, or who gives up,
10waives, or returns any part of the compensation to which he or she is normally
11entitled for work on a project that is not subject to this section during a week in
12which the individual works both on a project of public works that is subject to this
13section and on a project that is not subject to this section, is guilty of an offense
14under s. 946.15 (2).
AB50,890,2015(d) Whoever induces any individual who seeks to be or is employed on any
16project of public works that is subject to this section to allow any part of the wages
17to which the individual is entitled under the contract governing the project to be
18deducted from the individuals pay is guilty of an offense under s. 946.15 (3), unless
19the deduction would be allowed under 29 CFR 3.5 or 3.6 from an individual who is
20working on a project that is subject to 40 USC 3142.
AB50,891,321(e) Any individual who is employed on a project of public works that is subject
22to this section who knowingly allows any part of the wages to which he or she is
23entitled under the contract governing the project to be deducted from his or her pay

1is guilty of an offense under s. 946.15 (4), unless the deduction would be allowed
2under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is
3subject to 40 USC 3142.
AB50,891,64(f) Paragraph (am) does not apply to any person who fails to provide any
5information to the department to assist the department in determining prevailing
6wage rates under sub. (3) (a) or (am).
AB50,891,187(7) Debarment. (a) Except as provided under pars. (b) and (c), the
8department shall distribute to all state agencies a list of all persons that the
9department has found to have failed to pay the prevailing wage rate determined
10under sub. (3) or has found to have paid less than 1.5 times the hourly basic rate of
11pay for all hours worked in excess of the prevailing hours of labor at any time in the
12preceding 3 years. The department shall include with any name the address of the
13person and shall specify when the person failed to pay the prevailing wage rate and
14when the person paid less than 1.5 times the hourly basic rate of pay for all hours
15worked in excess of the prevailing hours of labor. A state agency may not award any
16contract to the person unless otherwise recommended by the department or unless
173 years have elapsed from the date the department issued its findings or date of
18final determination by a court of competent jurisdiction, whichever is later.
AB50,892,219(b) The department may not include in a notification under par. (a) the name
20of any person on the basis of having subcontracted a contract for a project of public
21works to a person that the department has found to have failed to pay the prevailing
22wage rate determined under sub. (3) or has found to have paid less than 1.5 times

1the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
2labor.
AB50,892,63(c) This subsection does not apply to any contractor, subcontractor, or agent
4who in good faith commits a minor violation of this section, as determined on a case-
5by-case basis through administrative hearings with all rights to due process
6afforded to all parties or who has not exhausted or waived all appeals.
AB50,892,157(d) Any person submitting a bid on a project of public works that is subject to
8this section shall, on the date the person submits the bid, identify any construction
9business in which the person, or a shareholder, officer, or partner of the person if
10the person is a business, owns or has owned at least a 25 percent interest on the
11date the person submits the bid or at any other time within 3 years preceding the
12date the person submits the bid, if the business has been found to have failed to pay
13the prevailing wage rate determined under sub. (3) or to have paid less than 1.5
14times the hourly basic rate of pay for all hours worked in excess of the prevailing
15hours of labor.
AB50,892,1616(e) The department shall promulgate rules to administer this subsection.
AB50,167217Section 1672. 103.50 of the statutes is created to read:
AB50,892,1818103.50 Highway contracts. (1) Definitions. In this section:
AB50,893,219(a) Area means the county in which a proposed project that is subject to this
20section is located or, if the department determines that there is insufficient wage
21data in that county, area means those counties that are contiguous to that county
22or, if the department determines that there is insufficient wage data in those
23counties, area means those counties that are contiguous to those counties or, if

1the department determines that there is insufficient wage data in those counties,
2area means the entire state.
AB50,893,33(b) Hourly basic rate of pay has the meaning given in s. 103.49 (1) (b).
AB50,893,44(bg) Insufficient wage data has the meaning given in s. 103.49 (1) (bg).
AB50,893,55(c) Prevailing hours of labor has the meaning given in s. 103.49 (1) (c).
AB50,893,106(d) 1. Except as provided in subd. 2., prevailing wage rate for any trade or
7occupation in any area means the hourly basic rate of pay, plus the hourly
8contribution for health insurance benefits, vacation benefits, pension benefits, and
9any other bona fide economic benefit, paid directly or indirectly, for a majority of the
10hours worked in the trade or occupation in the area.
AB50,893,18112. If there is no rate at which a majority of the hours worked in the trade or
12occupation in the area is paid, prevailing wage rate means the average hourly
13basic rate of pay, weighted by the number of hours worked, plus the average hourly
14contribution, weighted by the number of hours worked, for health insurance
15benefits, vacation benefits, pension benefits, and any other bona fide economic
16benefit, paid directly or indirectly for all hours worked at the hourly basic rate of
17pay of the highest-paid 51 percent of hours worked in that trade or occupation in
18that area.
AB50,893,1919(e) Truck driver has the meaning given in s. 103.49 (1) (g).
AB50,893,2320(2) Prevailing wage rates and hours of labor. No contractor,
21subcontractor, agent, or other person performing any work on a project under a
22contract based on bids as provided in s. 84.06 (2) to which the state is a party for the
23construction or improvement of any highway may do any of the following:
AB50,894,3
1(a) Pay an individual performing the work described in sub. (2m) less than the
2prevailing wage rate in the area in which the work is to be done determined under
3sub. (3).
AB50,894,84(b) Allow an individual performing the work described in sub. (2m) to work a
5greater number of hours per day or per week than the prevailing hours of labor,
6unless the contractor, subcontractor, or contractors or subcontractors agent pays
7the individual for all hours worked in excess of the prevailing hours of labor at a
8rate of at least 1.5 times the individuals hourly basic rate of pay.
AB50,894,139(2g) Nonapplicability. This section does not apply to a single-trade project
10of public works, as defined in s. 103.49 (1) (em), for which the estimated project cost
11of completion is less than $48,000 or a multiple-trade project of public works, as
12defined in s. 103.49 (1) (br), for which the estimated project cost of completion is less
13than $100,000.
AB50,894,1914(2m) Covered employees. (a) Subject to par. (b), any person subject to this
15section shall pay all of the following employees the prevailing wage rate determined
16under sub. (3) and may not allow such employees to work a greater number of hours
17per day or per week than the prevailing hours of labor, unless the person pays for all
18hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times
19the employees hourly basic rate of pay: