AB68-SSA1,1816
6Section
1816. 108.17 (2b) of the statutes is amended to read:
AB68-SSA1,873,197
108.17
(2b) The department shall prescribe a form and methodology for filing
8contribution reports under sub. (2) electronically. Each employer
of 25 or more
9employees, as determined under s. 108.22 (1) (ae), that does not use an employer
10agent to file its contribution reports under this section shall file its contribution
11reports electronically in the manner and form prescribed by the department
, unless
12the employer demonstrates good cause for not being able to file contribution reports
13electronically. The department shall determine by rule what constitutes good cause,
14for purposes of this subsection. Each employer that becomes subject to an electronic
15reporting requirement under this subsection shall file its initial report under this
16subsection for the quarter during which the employer becomes subject to the
17reporting requirement. Once an employer becomes subject to a reporting
18requirement under this subsection, it shall continue to file its reports under this
19subsection unless that requirement is waived by the department.
AB68-SSA1,1817
20Section
1817. 108.17 (7) (a) of the statutes is amended to read:
AB68-SSA1,874,521
108.17
(7) (a) Each employer
whose net total contributions paid or payable
22under this section for any 12-month period ending on June 30 are at least $10,000 23shall pay all contributions under this section by means of electronic funds transfer
24beginning with the next calendar year
, unless the employer demonstrates good cause
25for not being able to pay contributions by electronic funds transfer. The department
1shall determine by rule what constitutes good cause, for purposes of this subsection.
2Once an employer becomes subject to an electronic payment requirement under this
3paragraph, the employer shall continue to make payment of all contributions by
4means of electronic funds transfer unless that requirement is waived by the
5department.
AB68-SSA1,1818
6Section
1818. 108.19 (1s) (a) 5. of the statutes is repealed.
AB68-SSA1,1819
7Section
1819. 108.205 (2) of the statutes is amended to read:
AB68-SSA1,874,198
108.205
(2) Each employer
of 25 or more employees, as determined under s.
9108.22 (1) (ae), that does not use an employer agent to file its reports under this
10section shall file the quarterly report under sub. (1) electronically in the manner and
11form prescribed by the department
, unless the employer demonstrates good cause for
12not being able to file reports electronically. The department shall determine by rule
13what constitutes good cause, for purposes of this subsection. An employer that
14becomes subject to an electronic reporting requirement under this subsection shall
15file its initial report under this subsection for the quarter during which the employer
16becomes subject to the reporting requirement. Once an employer becomes subject
17to the reporting requirement under this subsection, the employer shall continue to
18file its quarterly reports under this subsection unless that requirement is waived by
19the department.
AB68-SSA1,1820
20Section 1820
. 108.221 (1) (a) of the statutes is renumbered 108.221 (1) (a)
21(intro.) and amended to read:
AB68-SSA1,875,222
108.221
(1) (a) (intro.) Any employer
described in s. 108.18 (2) (c) or engaged
23in the painting or drywall finishing of buildings or other structures who knowingly
24and intentionally provides false information to the department for the purpose of
25misclassifying or attempting to misclassify an individual who is an employee of the
1employer as a nonemployee shall, for each incident, be assessed a penalty by the
2department
as follows:
AB68-SSA1,875,5
31. For each act occurring before the date of the first determination of a violation
4of this subsection, the employer shall be assessed a penalty in the amount of $500
5for each employee who is misclassified
, but not to exceed $7,500 per incident.
AB68-SSA1,1821
6Section 1821
. 108.221 (1) (a) 2. of the statutes is created to read:
AB68-SSA1,875,97
108.221
(1) (a) 2. For each act occurring after the date of the first determination
8of a violation of this subsection, the employer shall be assessed a penalty in the
9amount of $1,000 for each employee who is misclassified.
AB68-SSA1,1822
10Section 1822
. 108.221 (2) of the statutes is renumbered 108.221 (2) (intro.)
11and amended to read:
AB68-SSA1,875,1512
108.221
(2) (intro.) Any employer
described in s. 108.18 (2) (c) or engaged in the
13painting or drywall finishing of buildings or other structures who, through coercion,
14requires an individual to adopt the status of a nonemployee shall be assessed a
15penalty by the department
as follows:
AB68-SSA1,875,18
16(a) For each act occurring before the date of the first determination of a
17violation of this subsection, the employer shall be assessed a penalty in the amount
18of $1,000 for each individual so coerced
, but not to exceed $10,000 per calendar year.
AB68-SSA1,1823
19Section 1823
. 108.221 (2) (b) of the statutes is created to read:
AB68-SSA1,875,2220
108.221
(2) (b) For each act occurring after the date of the first determination
21of a violation of this subsection, the employer shall be assessed a penalty in the
22amount of $2,000 for each individual so coerced.
AB68-SSA1,1824
23Section
1824. 109.03 (1) (b) of the statutes is amended to read:
AB68-SSA1,876,5
1109.03
(1) (b) School district and private school employees who voluntarily
2request payment over a 12-month period for personal services performed during the
3school year, unless
, with respect to private school employees, the employees are
4covered under a valid collective bargaining agreement which precludes this method
5of payment.
AB68-SSA1,1825
6Section 1825
. 109.09 (1) of the statutes is amended to read:
AB68-SSA1,877,37
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.
AB68-SSA1,1827
5Section 1827
. 111.01 of the statutes is created to read:
AB68-SSA1,877,8
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:
AB68-SSA1,877,12
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.
AB68-SSA1,878,2
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.
AB68-SSA1,878,7
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.
AB68-SSA1,878,14
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.
AB68-SSA1,1828
15Section 1828
. 111.04 (1) and (2) of the statutes are consolidated, renumbered
16111.04 and amended to read: