Occupational or professional licensing. Finally, the bill requires a state office or agency in the executive branch, the legislature, or the courts (licensing agency) to require an applicant for issuance or renewal of an occupational or professional certificate, license, permit, or registration (license) to disclose whether there are any wage claim judgments against the applicant that the applicant has not paid. If there are any such judgments, the licensing agency must determine that the applicant is ineligible for issuance or renewal of the license, unless the applicant agrees, in writing, to pay the judgment within 30 days of filing the application.

Disclosure statements

Terms of employment; disclosure required

The bill requires an employer to provide an employee with a written statement disclosing the terms of employment (disclosure statement) at the time the employee is hired, on January 1 of each year in which the employee is employed by the employer, and not less than seven days before the effective date of any change in the terms of employment. The disclosure statement must be in English and, if the employee has limited English proficiency, in the employee's native language. The disclosure statement must include certain information specified in the bill related to the employer and the terms and conditions of the employee's employment.

Remedies

An employer that fails to provide a disclosure statement to an employee as required under the bill or that fails to comply with the terms of employment specified in a disclosure statement provided to an employee is liable to the employee for 1) all actual damages, including any wage claim or wage deficiency, sustained by the employee as a result of the employer's failure to provide that statement or to comply with those terms; 2) liquidated damages of not more than $50 for each working day that the employer fails to provide that statement or to comply with those terms or, if applicable, the increased wages payable under the bill, whichever is greater; and 3) reasonable costs and attorney fees.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB40,1 Section 1. 20.445 (1) (gu) of the statutes is created to read:

SB40,4,2 20.445 (1) (gu) Wage claim surcharges. All moneys received from surcharges collected under s. 109.11 (4), for the administration of ch. 109.

SB40,2 Section 2. 103.34 (6) (d) of the statutes is amended to read:

SB40,4,6 103.34 (6) (d) A traveling sales crew worker who is owed compensation may file a wage claim with the department under s. 109.09 (1) (a) or may bring an action under s. 109.03 (5) without first filing a wage claim with the department.

SB40,3 Section 3. 103.35 of the statutes is renumbered 103.35 (2) and amended to read:

SB40,4,21 103.35 (2) No state office, department, board, examining board, affiliated credentialing board, commission, council or independent agency in the executive branch, the legislature or the courts may, as a condition for receiving an occupational or professional certificate, license, permit or registration, require the submission of information by the applicant which is not essential for the determination of licensing agency may require an applicant for issuance or renewal of a license to submit any information that is not essential for the licensing agency to determine the applicant's eligibility for the issuance or renewal of the certificate, license, permit or registration. Information which. A licensing agency may request information that is not essential for the licensing agency to determine an applicant's eligibility for issuance or renewal may be requested of a license, but the licensing agency shall notify the applicant shall be notified in a prominent place on or accompanying the request that she or he is not required to provide such information.

SB40,4 Section 4. 103.35 (1) of the statutes is created to read:

SB40,4,23 103.35 (1) In this section:

SB40,4,25 (a) “License" means an occupational or professional certificate, license, permit, or registration.

SB40,5,3 (b) “Licensing agency" means a state office, department, board, examining board, affiliated credentialing board, commission, council, or independent agency in the executive branch, the legislature, or the courts.

SB40,5,5 (c) “Wisconsin Circuit Court Access Internet site” has the meaning given in s. 758.20 (1).

SB40,5 Section 5 . 103.35 (3) to (5) of the statutes are created to read:

SB40,5,10 103.35 (3) Each licensing agency shall require an applicant for issuance or renewal of a license to disclose to the licensing agency whether the applicant has a judgment issued under s. 109.03 (5) or 109.09 (1) against the applicant that the applicant has not paid.

SB40,5,12 (4) Each licensing agency shall use the Wisconsin Circuit Court Access Internet site to verify an applicant's disclosure under sub. (3).

SB40,5,15 (5) (a) Except as provided in par. (b), if there are any unpaid judgments under s. 109.03 (5) or 109.09 (1) against the applicant, the licensing agency may not issue or renew the license.

SB40,5,17 (b) If the applicant agrees in writing to pay the judgment within 30 days of filing the application, the licensing agency may issue or renew the license.

SB40,6 Section 6. 103.40 of the statutes is created to read:

SB40,6,2 103.40 Terms of employment; disclosure statement. (1) Disclosure statement required. An employer shall provide an employee with a written statement disclosing the terms of employment at the time the employee is hired, on January 1 of each year in which the employee is employed by the employer, and not less than 7 days before the effective date of any change in the terms of employment. The written disclosure statement shall be in English and, if the employee has limited English proficiency, in the employee's native language. The written disclosure statement shall include all of the following information:

SB40,6,3 (a) The full name, mailing address, and telephone number of the employer.