AB68-ASA2-AA6,59,11 6(5) Records; inspection; enforcement. (a) Each contractor, subcontractor, or
7contractor's or subcontractor's agent that performs work on a project of public works
8that is subject to this section shall keep full and accurate records clearly indicating
9the name and trade or occupation of every individual performing the work described
10in sub. (2m) and an accurate record of the number of hours worked by each of those
11individuals and the actual wages paid for the hours worked.
AB68-ASA2-AA6,59,2212 (b) The department shall enforce this section. The department may demand
13and examine, and every contractor, subcontractor, and contractor's and
14subcontractor's agent shall keep, and furnish upon request by the department,
15copies of payrolls and other records and information relating to the wages paid to
16individuals performing the work described in sub. (2m) for work to which this section
17applies. The department may inspect records in the manner provided in this chapter.
18Every contractor, subcontractor, or agent performing work on a project of public
19works that is subject to this section is subject to the requirements of this chapter
20relating to the examination of records. Section 111.322 (2m) applies to discharge and
21other discriminatory acts arising in connection with any proceeding under this
22section.
AB68-ASA2-AA6,60,1023 (c) If requested by any person, the department shall inspect the payroll records
24of any contractor, subcontractor, or agent performing work on a project of public
25works that is subject to this section as provided in this paragraph to ensure

1compliance with this section. On receipt of such a request, the department shall
2request that the contractor, subcontractor, or agent submit to the department a
3certified record of the information specified in par. (a), other than personally
4identifiable information relating to an employee of the contractor, subcontractor, or
5agent, for no longer than a 4-week period. The department may request a contractor,
6subcontractor, or agent to submit those records no more than once per calendar
7quarter for each project of public works on which the contractor, subcontractor, or
8agent is performing work. The department may not charge a requester a fee for
9obtaining that information. Certified records submitted to the department under
10this paragraph are open for public inspection and copying under s. 19.35 (1).
AB68-ASA2-AA6,60,17 11(6m) Liability and penalties. (ag) 1. A contractor, subcontractor, or
12contractor's or subcontractor's agent who fails to pay the prevailing wage rate
13determined by the department under sub. (3) or who pays less than 1.5 times the
14hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor
15is liable to any affected employee in the amount of his or her unpaid wages or his or
16her unpaid overtime compensation and in an additional amount as liquidated
17damages as provided in subd. 2. or 3., whichever is applicable.
AB68-ASA2-AA6,61,218 2. If the department determines upon inspection under sub. (5) (b) or (c) that
19a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay
20the prevailing wage rate determined by the department under sub. (3) or has paid
21less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
22prevailing hours of labor, the department shall order the contractor to pay to any
23affected employee the amount of his or her unpaid wages or his or her unpaid
24overtime compensation and an additional amount equal to 100 percent of the amount

1of those unpaid wages or that unpaid overtime compensation as liquidated damages
2within a period specified by the department in the order.
AB68-ASA2-AA6,61,133 3. In addition to or in lieu of recovering the liability specified in subd. 1. as
4provided in subd. 2., any employee for and on behalf of that employee and other
5employees similarly situated may commence an action to recover that liability in any
6court of competent jurisdiction. If the court finds that a contractor, subcontractor,
7or contractor's or subcontractor's agent has failed to pay the prevailing wage rate
8determined by the department under sub. (3) or has paid less than 1.5 times the
9hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor,
10the court shall order the contractor, subcontractor, or agent to pay to any affected
11employee the amount of his or her unpaid wages or his or her unpaid overtime
12compensation and an additional amount equal to 100 percent of the amount of those
13unpaid wages or that unpaid overtime compensation as liquidated damages.
AB68-ASA2-AA6,61,1814 5. No employee may be a party plaintiff to an action under subd. 3. unless the
15employee consents in writing to become a party and the consent is filed in the court
16in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in
17addition to any judgment awarded to the plaintiff, allow reasonable attorney fees
18and costs to be paid by the defendant.
AB68-ASA2-AA6,61,2219 (am) Except as provided in pars. (b), (d), and (f), any contractor, subcontractor,
20or contractor's or subcontractor's agent who violates this section may be fined not
21more than $200 or imprisoned for not more than 6 months or both. Each day that
22a violation continues is a separate offense.
AB68-ASA2-AA6,62,623 (b) Whoever induces an individual who seeks to be or is employed on any project
24of public works that is subject to this section to give up, waive, or return any part of
25the wages to which the individual is entitled under the contract governing the

1project, or who reduces the hourly basic rate of pay normally paid to an individual
2for work on a project that is not subject to this section during a week in which the
3individual works both on a project of public works that is subject to this section and
4on a project that is not subject to this section, by threat not to employ, by threat of
5dismissal from employment, or by any other means is guilty of an offense under s.
6946.15 (1).
AB68-ASA2-AA6,62,167 (c) Any individual who is employed on a project of public works that is subject
8to this section who knowingly allows a contractor, subcontractor, or contractor's or
9subcontractor's agent to pay him or her less than the prevailing wage rate set forth
10in the contract governing the project, who gives up, waives, or returns any part of the
11compensation to which he or she is entitled under the contract, or who gives up,
12waives, or returns any part of the compensation to which he or she is normally
13entitled for work on a project that is not subject to this section during a week in which
14the individual works both on a project of public works that is subject to this section
15and on a project that is not subject to this section, is guilty of an offense under s.
16946.15 (2).
AB68-ASA2-AA6,62,2217 (d) Whoever induces any individual who seeks to be or is employed on any
18project of public works that is subject to this section to allow any part of the wages
19to which the individual is entitled under the contract governing the project to be
20deducted from the individual's pay is guilty of an offense under s. 946.15 (3), unless
21the deduction would be allowed under 29 CFR 3.5 or 3.6 from an individual who is
22working on a project that is subject to 40 USC 3142.
AB68-ASA2-AA6,63,323 (e) Any individual who is employed on a project of public works that is subject
24to this section who knowingly allows any part of the wages to which he or she is
25entitled 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 subject
3to 40 USC 3142.
AB68-ASA2-AA6,63,64 (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).
AB68-ASA2-AA6,63,18 7(7) Debarment. (a) Except as provided under pars. (b) and (c), the department
8shall distribute to all state agencies a list of all persons that the department has
9found to have failed to pay the prevailing wage rate determined under sub. (3) or has
10found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked
11in excess of the prevailing hours of labor at any time in the preceding 3 years. The
12department shall include with any name the address of the person and shall specify
13when the person failed to pay the prevailing wage rate and when the person paid less
14than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
15prevailing hours of labor. A state agency may not award any contract to the person
16unless otherwise recommended by the department or unless 3 years have elapsed
17from the date the department issued its findings or date of final determination by a
18court of competent jurisdiction, whichever is later.
AB68-ASA2-AA6,63,2419 (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
23the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
24labor.
AB68-ASA2-AA6,64,4
1(c) This subsection does not apply to any contractor, subcontractor, or agent
2who in good faith commits a minor violation of this section, as determined on a
3case-by-case basis through administrative hearings with all rights to due process
4afforded to all parties or who has not exhausted or waived all appeals.
AB68-ASA2-AA6,64,135 (d) Any person submitting a bid on a project of public works that is subject to
6this section shall, on the date the person submits the bid, identify any construction
7business in which the person, or a shareholder, officer, or partner of the person if the
8person is a business, owns or has owned at least a 25 percent interest on the date the
9person submits the bid or at any other time within 3 years preceding the date the
10person submits the bid, if the business has been found to have failed to pay the
11prevailing wage rate determined under sub. (3) or to have paid less than 1.5 times
12the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
13labor.
AB68-ASA2-AA6,64,1414 (e) The department shall promulgate rules to administer this subsection.
AB68-ASA2-AA6,336f 15Section 336f. 103.50 of the statutes is created to read:
AB68-ASA2-AA6,64,16 16103.50 Highway contracts. (1) Definitions. In this section:
AB68-ASA2-AA6,64,2317 (a) “Area" means the county in which a proposed project that is subject to this
18section is located or, if the department determines that there is insufficient wage
19data in that county, “area" means those counties that are contiguous to that county
20or, if the department determines that there is insufficient wage data in those
21counties, “area" means those counties that are contiguous to those counties or, if the
22department determines that there is insufficient wage data in those counties, “area"
23means the entire state.
AB68-ASA2-AA6,64,2424 (b) “Hourly basic rate of pay" has the meaning given in s. 103.49 (1) (b).
AB68-ASA2-AA6,64,2525 (bg) “Insufficient wage data" has the meaning given in s. 103.49 (1) (bg).
AB68-ASA2-AA6,65,1
1(c) “Prevailing hours of labor" has the meaning given in s. 103.49 (1) (c).
AB68-ASA2-AA6,65,62 (d) 1. Except as provided in subd. 2., “prevailing wage rate" for any trade or
3occupation in any area means the hourly basic rate of pay, plus the hourly
4contribution for health insurance benefits, vacation benefits, pension benefits, and
5any other bona fide economic benefit, paid directly or indirectly, for a majority of the
6hours worked in the trade or occupation in the area.
AB68-ASA2-AA6,65,137 2. If there is no rate at which a majority of the hours worked in the trade or
8occupation in the area is paid, “prevailing wage rate" means the average hourly basic
9rate of pay, weighted by the number of hours worked, plus the average hourly
10contribution, weighted by the number of hours worked, for health insurance benefits,
11vacation benefits, pension benefits, and any other bona fide economic benefit, paid
12directly or indirectly for all hours worked at the hourly basic rate of pay of the
13highest-paid 51 percent of hours worked in that trade or occupation in that area.
AB68-ASA2-AA6,65,1414 (e) “Truck driver" has the meaning given in s. 103.49 (1) (g).
AB68-ASA2-AA6,65,18 15(2) Prevailing wage rates and hours of labor. No contractor, subcontractor,
16agent, or other person performing any work on a project under a contract based on
17bids as provided in s. 84.06 (2) to which the state is a party for the construction or
18improvement of any highway may do any of the following:
AB68-ASA2-AA6,65,2119 (a) Pay an individual performing the work described in sub. (2m) less than the
20prevailing wage rate in the area in which the work is to be done determined under
21sub. (3).