SB70-AA1,279
6Section
279. 108.05 (10) (intro.) of the statutes is amended to read:
SB70-AA1,151,107
108.05
(10) Deductions from benefit payments. (intro.) After calculating the
8benefit payment due to be paid for a week under subs. (1) to
(7) (7m), the department
9shall make deductions from that payment to the extent that the payment is sufficient
10to make the following payments in the following order:
SB70-AA1,280
11Section
280. 108.221 (1) (a) of the statutes is renumbered 108.221 (1) (a)
12(intro.) and amended to read:
SB70-AA1,151,1813
108.221
(1) (a) (intro.) Any employer
described in s. 108.18 (2) (c) or engaged
14in the painting or drywall finishing of buildings or other structures who knowingly
15and intentionally provides false information to the department for the purpose of
16misclassifying or attempting to misclassify an individual who is an employee of the
17employer as a nonemployee shall, for each incident, be assessed a penalty by the
18department
as follows:
SB70-AA1,151,21
191. For each act occurring before the date of the first determination of a violation
20of this subsection, the employer shall be assessed a penalty in the amount of $500
21for each employee who is misclassified
, but not to exceed $7,500 per incident.
SB70-AA1,281
22Section
281. 108.221 (1) (a) 2. of the statutes is created to read:
SB70-AA1,152,3
1108.221
(1) (a) 2. For each act occurring after the date of the first determination
2of a violation of this subsection, the employer shall be assessed a penalty in the
3amount of $1,000 for each employee who is misclassified.
SB70-AA1,282
4Section
282. 108.221 (2) of the statutes is renumbered 108.221 (2) (intro.) and
5amended to read:
SB70-AA1,152,96
108.221
(2) (intro.) Any employer
described in s. 108.18 (2) (c) or engaged in the
7painting or drywall finishing of buildings or other structures who, through coercion,
8requires an individual to adopt the status of a nonemployee shall be assessed a
9penalty by the department
as follows:
SB70-AA1,152,12
10(a) For each act occurring before the date of the first determination of a
11violation of this subsection, the employer shall be assessed a penalty in the amount
12of $1,000 for each individual so coerced
, but not to exceed $10,000 per calendar year.
SB70-AA1,283
13Section
283. 108.221 (2) (b) of the statutes is created to read:
SB70-AA1,152,1614
108.221
(2) (b) For each act occurring after the date of the first determination
15of a violation of this subsection, the employer shall be assessed a penalty in the
16amount of $2,000 for each individual so coerced.
SB70-AA1,284
17Section
284. 108.24 (2m) of the statutes is amended to read:
SB70-AA1,153,518
108.24
(2m) Any employer
described in s. 108.18 (2) (c) or engaged in the
19painting or drywall finishing of buildings or other structures who, after having
20previously been assessed an administrative penalty by the department under s.
21108.221 (1), knowingly and intentionally provides false information to the
22department for the purpose of misclassifying or attempting to misclassify an
23individual who is an employee of the employer as a nonemployee shall be fined $1,000
24for each employee who is misclassified, subject to a maximum fine of $25,000 for each
1violation. The department may
, regardless of whether an employer has been subject
2to any administrative assessment under s. 108.221 or any other penalty or
3assessment under this chapter, refer violations of this subsection for prosecution by
4the department of justice or the district attorney for the county in which the violation
5occurred.
SB70-AA1,285
6Section
285. 109.09 (1) of the statutes is amended to read:
SB70-AA1,154,37
109.09
(1) The department shall investigate and attempt equitably to adjust
8controversies between employers and employees
as to
regarding alleged wage
9claims. The department may receive and investigate any wage claim that is filed
10with the department, or received by the department under s. 109.10 (4), no later than
112 years after the date the wages are due. The department may, after receiving a wage
12claim, investigate any wages due from the employer against whom the claim is filed
13to any employee during the period commencing 2 years before the date the claim is
14filed. The department shall enforce this chapter and
s. ss. 66.0903,
2013 stats., s.
15103.49, 2013 stats., s. 229.8275, 2013 stats., and s. 16.856, 2015 stats., and ss. 103.02,
16103.49, 103.82,
and 104.12
, and 229.8275. In pursuance of this duty, the department
17may sue the employer on behalf of the employee to collect any wage claim or wage
18deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except
19for actions under s. 109.10, the department may refer such an action to the district
20attorney of the county in which the violation occurs for prosecution and collection and
21the district attorney shall commence an action in the circuit court having appropriate
22jurisdiction. Any number of wage claims or wage deficiencies against the same
23employer may be joined in a single proceeding, but the court may order separate
24trials or hearings. In actions that are referred to a district attorney under this
25subsection, any taxable costs recovered by the district attorney shall be paid into the
1general fund of the county in which the violation occurs and used by that county to
2meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office
3of the district attorney who prosecuted the action.
SB70-AA1,286
4Section
286. 109.09 (3) of the statutes is repealed.
SB70-AA1,287
5Section
287. 111.01 of the statutes is created to read:
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6111.01 Declaration of policy. The public policy of the state as to employment
7relations and collective bargaining, in the furtherance of which this subchapter is
8enacted, is declared to be as follows:
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9(1) It recognizes that there are 3 major interests involved, namely: the public,
10the employee, and the employer. These 3 interests are to a considerable extent
11interrelated. It is the policy of the state to protect and promote each of these interests
12with due regard to the situation and to the rights of the others.
SB70-AA1,155,2
13(2) Industrial peace, regular and adequate income for the employee, and
14uninterrupted production of goods and services are promotive of all of these
15interests. They are largely dependent upon the maintenance of fair, friendly, and
16mutually satisfactory employment relations and the availability of suitable
17machinery for the peaceful adjustment of whatever controversies may arise. It is
18recognized that certain employers, including farmers, farmer cooperatives, and
19unincorporated farmer cooperative associations, in addition to their general
20employer problems, face special problems arising from perishable commodities and
21seasonal production that require adequate consideration. It is also recognized that
22whatever may be the rights of disputants with respect to each other in any
23controversy regarding employment relations, they should not be permitted, in the
24conduct of their controversy, to intrude directly into the primary rights of 3rd parties
1to earn a livelihood, transact business, and engage in the ordinary affairs of life by
2any lawful means and free from molestation, interference, restraint, or coercion.
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3(3) Negotiations of terms and conditions of work should result from voluntary
4agreement between employer and employee. For the purpose of such negotiation an
5employee has the right, if the employee desires, to associate with others in organizing
6and bargaining collectively through representatives of the employee's own choosing,
7without intimidation or coercion from any source.
SB70-AA1,155,14
8(4) It is the policy of the state, in order to preserve and promote the interests
9of the public, the employee, and the employer alike, to establish standards of fair
10conduct in employment relations and to provide a convenient, expeditious, and
11impartial tribunal by which these interests may have their respective rights and
12obligations adjudicated. While limiting individual and group rights of aggression
13and defense, the state substitutes processes of justice for the more primitive methods
14of trial by combat.
SB70-AA1,288
15Section
288. 111.04 (1) and (2) of the statutes are consolidated, renumbered
16111.04 and amended to read:
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17111.04 Rights of employees. Employees shall have the right of
18self-organization and the right to form, join or assist labor organizations, to bargain
19collectively through representatives of their own choosing, and to engage in lawful,
20concerted activities for the purpose of collective bargaining or other mutual aid or
21protection.
(2) Employees shall
also have the right to refrain from
self-organization;
22forming, joining, or assisting labor organizations; bargaining collectively through
23representatives; or engaging in activities for the purpose of collective bargaining or
24other mutual aid or protection such activities.
SB70-AA1,289
25Section
289. 111.04 (3) of the statutes is repealed.
SB70-AA1,290
1Section
290. 111.06 (1) (c) of the statutes is amended to read:
SB70-AA1,157,32
111.06
(1) (c) To encourage or discourage membership in any labor
3organization, employee agency, committee, association, or representation plan by
4discrimination in regard to hiring, tenure, or other terms or conditions of
5employment
except in a collective bargaining unit where an all-union agreement is
6in effect. An employer may enter into an all-union agreement with the voluntarily
7recognized representative of the employees in a collective bargaining unit, where at
8least a majority of such employees voting have voted affirmatively, by secret ballot,
9in favor of the all-union agreement in a referendum conducted by the commission,
10except that where the bargaining representative has been certified by either the
11commission or the national labor relations board as the result of a representation
12election, no referendum is required to authorize the entry into an all-union
13agreement. An authorization of an all-union agreement continues, subject to the
14right of either party to the all-union agreement to petition the commission to conduct
15a new referendum on the subject. Upon receipt of the petition, if the commission
16determines there is reasonable ground to believe that the employees concerned have
17changed their attitude toward the all-union agreement, the commission shall
18conduct a referendum. If the continuance of the all-union agreement is supported
19on a referendum by a vote at least equal to that provided in this paragraph for its
20initial authorization, it may continue, subject to the right to petition for a further
21vote by the procedure under this paragraph. If the continuance of the all-union
22agreement is not supported on a referendum, it terminates at the expiration of the
23contract of which it is then a part or at the end of one year from the date of the
24announcement by the commission of the result of the referendum, whichever is
25earlier. The commission shall declare any all-union agreement terminated
1whenever it finds that the labor organization involved has unreasonably refused to
2receive as a member any employee of such employer. An interested person may, as
3provided in s. 111.07, request the commission to perform this duty.
SB70-AA1,291
4Section
291. 111.06 (1) (e) of the statutes is amended to read: