AB40,16 Section 16. 109.11 (1) (c) of the statutes is amended to read:

AB40,12,13 109.11 (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) (b) 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 interest on that amount at the rate of 2 percent per month for each month that the wages were due and unpaid, increased wages as specified in sub. (2) (b), and the surcharge specified in sub. (4).

AB40,17 Section 17. 109.11 (2) (a) of the statutes is amended to read:

AB40,13,2 109.11 (2) (a) In a wage claim action that is commenced by an employee before the department has completed its investigation under s. 109.09 (1) (a) and its attempts to compromise and settle the wage claim under sub. (1), a circuit court may 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, interest on the amount of wages due and unpaid at the rate of 2 percent per month for each month that the wages were due and unpaid, the surcharge specified in sub. (4), and, notwithstanding s. 814.04, reasonable costs and attorney fees. A circuit court may order an employer to make that payment without regard to whether the employer's failure to pay the wages due and unpaid was intentional or unintentional.

AB40,18 Section 18. 109.11 (2) (b) of the statutes is amended to read:

AB40,13,15 109.11 (2) (b) In a wage claim action that is commenced after the department has completed its investigation under s. 109.09 (1) (a) and its attempts to settle and compromise the wage claim under sub. (1), a circuit court may order the employer to pay to the employee, in addition to the amount of wages due and unpaid to an employee and in addition to or in lieu of the criminal penalties specified in sub. (3), increased wages of not more than 100 200 percent of the amount of those wages due and unpaid, interest on the amount of wages due and unpaid at the rate of 2 percent per month for each month that the wages were due and unpaid, the surcharge specified in sub. (4), and, notwithstanding s. 814.04, reasonable costs and attorney fees. A circuit court may order an employer to make that payment without regard to whether the employer's failure to pay the wages due and unpaid was intentional or unintentional.

AB40,19 Section 19. 109.11 (4) of the statutes is created to read:

AB40,14,4 109.11 (4) Surcharge. In addition to the amounts payable under sub. (1) (a) or (b) or (2) (a) or (b), the department shall require, or a circuit court shall order, an employer who fails to pay wages that are due and payable to an employee to pay to the department or circuit court a surcharge of $500 for a first violation, $750 for a 2nd violation, and $1,000 for a 3rd or subsequent violation. If the surcharge is required by the department, the department shall collect the surcharge, deposit the surcharge in the general fund, and credit the surcharge to the appropriation account under s. 20.445 (1) (gu). If the surcharge is ordered by the circuit court, the clerk of circuit court shall collect the surcharge and transmit the surcharge to the county treasurer under s. 59.40 (2) (m), the county treasurer shall pay the surcharge to the secretary of administration under s. 59.25 (3) (f) 2., and the secretary of administration shall deposit the surcharge in the general fund and credit the surcharge to the appropriation account under s. 20.445 (1) (gu).

AB40,20 Section 20. 111.322 (2m) (a) of the statutes is amended to read:

AB40,14,9 111.322 (2m) (a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 103.40, 103.455, 104.12, 109.03, 109.07, 109.075, 109.09, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB40,21 Section 21. 111.322 (2m) (b) of the statutes is amended to read:

AB40,14,14 111.322 (2m) (b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 103.40, 103.455, 104.12, 109.03, 109.07, 109.075, 109.09, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB40,22 Section 22. 814.75 (28) of the statutes is created to read:

AB40,14,16 814.75 (28) The wage claim surcharge under s. 109.11 (4).

AB40,23 Section 23. 893.44 (1) of the statutes is amended to read:

AB40,14,21 893.44 (1) Any action to recover unpaid salary, wages or other compensation for personal services, except actions to recover fees for professional services and except as provided in sub. (2), shall be commenced within 2 4 years after the cause of action accrues or be barred.

AB40,24 Section 24. 893.44 (2) of the statutes is amended to read:

AB40,14,25 893.44 (2) An action to recover wages under s. 109.09 shall be commenced within 2 4 years after the claim is filed with the department of workforce development or be barred.

AB40,25 Section 25 . Initial applicability.

AB40,15,5 (1) Wage claim statute of limitations, interest, and surcharges. The treatment of ss. 109.09 (1) (with respect to the receipt and investigation of a wage claim) and (2) (b) 3., 109.11 (1) (a), (b), and (c), (2) (a) and (b), and (4), and 893.44 (1) and (2) first applies to wages earned on the effective date of this subsection.

AB40,15,8 (2) Filing of wage claims. The treatment of ss. 109.03 (5) and 109.09 (1) (with respect to the filing of a wage claim) first applies to a wage claim action commenced or a wage claim filed on the effective date of this subsection.

AB40,15,11 (3) Written disclosure statements. The treatment of ss. 103.40 and 109.01 (3m) first applies to an employee hired on, or a change in a term of employment effective 7 days after, the effective date of this subsection.

AB40,15,14 (4) Occupational or professional licensing. The treatment of ss. 103.35 (3) to (5) first applies to an application for issuance or renewal of a professional or occupational license filed on the effective date of this subsection.

AB40,26 Section 26. Effective dates. This act takes effect on the day after publication, except as follows:

AB40,15,19 (1) Written disclosure statements. The treatment of ss. 103.40, 109.01 (3m), and 111.322 (2m) (a) and (b) and Section 25 (3 ) of this act take effect on the first day of the 3rd month beginning after publication.

AB40,15,22 (2) Occupational or professional licensing. The renumbering and amendment of s. 103.35, the creation of ss. 103.35 (1) and (3) to (5), and Section 25 (4) of this act take effect on the first day of the 6th month beginning after publication.

AB40,15,23 (End)