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2021 - 2022 LEGISLATURE
2021 Senate BILL 452
July 7, 2021 - Introduced by Senators Agard, Wirch, Carpenter, Roys, Johnson,
Ringhand, Erpenbach, Larson and Smith, cosponsored by Representatives
Subeck, Hong, S. Rodriguez, Brostoff, Pope, Neubauer, Cabrera, Shelton,
L. Myers, Goyke, Stubbs, Ohnstad, Riemer, Emerson, Conley, Baldeh,
Snodgrass, Anderson, Hebl, Bowen, Spreitzer, Vining, Sinicki, Drake,
Billings, Moore Omokunde and Hesselbein. Referred to Committee on Labor
and Regulatory Reform.
SB452,1,5 1An Act to repeal 104.001, 104.01 (5g), 104.01 (7m) and 104.045 (1); to amend
2104.045 (title); to repeal and recreate 104.035; and to create 104.01 (1g) and
3227.01 (13) (Lw) of the statutes; relating to: a state minimum wage, allowing
4the enactment of local minimum wage ordinances, and granting rule-making
5authority.
Analysis by the Legislative Reference Bureau
Currently, the state minimum wage law requires that employers pay the
applicable minimum wage set in statute to their employees. Under that law, the
current minimum wage for most employees is $7.25 per hour. This bill raises the
minimum wage for most employees to $10.15 per hour on the effective date of the bill
and $15 per hour one year after the effective date of the bill.
Beginning two years after the bill's effective date, the bill requires the
Department of Workforce Development to annually revise the minimum wage
established under the bill by determining the percentage difference between the
consumer price index for the preceding year and the consumer price index for the
year before the preceding year, adjusting the minimum wage then in effect by that
percentage difference, and rounding that result to the nearest multiple of five cents.
DWD, however, is not required to revise the general minimum wage if the consumer
price index for the preceding year has not increased over the consumer price index
for the year before the preceding year. DWD is required to publish the revised
minimum wage in the Wisconsin Administrative Register and on DWD's Internet
site.

The bill also repeals 1) provisions establishing a separate, lower minimum
wage for tipped employees; 2) a provision that requires DWD to promulgate rules
governing the counting of tips or similar gratuities toward payment of the minimum
wage; 3) provisions setting specific meal and lodging allowances; and 4) provisions
establishing minimum wages for minor employees, opportunity employees,
agricultural employees, and others and instead requires DWD to establish the
minimum wage for those employees by rule.
Finally, current law prohibits a city, village, town, or county from enacting and
administering an ordinance establishing a minimum wage. This bill eliminates that
prohibition.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.