SB45,929,16 108.205 (2) Each employer of 25 or more employees, as determined under s. 108.22 (1) (ae), that does not use an employer agent to file its reports under this section and employer agent shall file the quarterly report under sub. (1) electronically in the manner and form prescribed by the department. An employer that becomes subject to an electronic reporting requirement under this subsection shall file its initial report under this subsection for the quarter during which the employer becomes subject to the reporting requirement. Once an employer becomes subject to the reporting requirement under this subsection, the employer shall continue to file its quarterly reports under this subsection unless that requirement is waived by the department unless the employer demonstrates good cause, as specified in s. 108.022, for being unable to file reports electronically.

SB45,1755 Section 1755. 108.22 (1) (ac) of the statutes is amended to read:

SB45,929,23 108.22 (1) (ac) In addition to any fee assessed under par. (a), the department may assess an employer or employer agent that is subject to the reporting requirement under s. 108.205 (2) and that fails to file its report in the manner and form prescribed under that subsection a penalty of $20 for each employee whose information is not reported in the that manner and form prescribed under s. 108.205 (1m) (b) or (2).

SB45,1756 Section 1756. 108.22 (1) (ad) 1. of the statutes is amended to read:

SB45,930,6 108.22 (1) (ad) 1. An employer agent that is subject to the reporting requirements under s. 108.17 (2g) (2b) and that fails to file a contribution report in accordance with s. 108.17 (2g) (2b) may be assessed a penalty by the department in the amount of $25 for each employer whose report is not filed electronically in the manner and form prescribed by the department.

SB45,1757 Section 1757. 108.22 (1) (af) of the statutes is amended to read:

SB45,930,15 108.22 (1) (af) In addition to the fee assessed under par. (a), the department may assess an employer or employer agent a person that is subject to a requirement required to make contributions a payment to the department by means of an electronic funds transfer method under s. 108.17 (7) 108.185 and that pays contributions makes the payment by any method inconsistent with s. 108.17 (7) 108.185 a penalty of the greater of $50 or an amount equal to one-half of one 1 percent of the total contributions amount paid by the employer or employer agent person for the quarter in which the violation occurs.

SB45,1758 Section 1758. 108.221 (1) (a) of the statutes is renumbered 108.221 (1) (a) (intro.) and amended to read:

SB45,930,23 108.221 (1) (a) (intro.) Any employer described in s. 108.18 (2) (c) or engaged in the painting or drywall finishing of buildings or other structures who knowingly and intentionally provides false information to the department for the purpose of misclassifying or attempting to misclassify an individual who is an employee of the employer as a nonemployee shall, for each incident, be assessed a penalty by the department as follows:

SB45,931,4 1. For each act occurring before the date of the first determination of a violation of this subsection, the employer shall be assessed a penalty in the amount of $500 for each employee who is misclassified, but not to exceed $7,500 per incident.

SB45,1759 Section 1759. 108.221 (1) (a) 2. of the statutes is created to read:

SB45,931,8 108.221 (1) (a) 2. For each act occurring after the date of the first determination of a violation of this subsection, the employer shall be assessed a penalty in the amount of $1,000 for each employee who is misclassified.

SB45,1760 Section 1760. 108.221 (2) of the statutes is renumbered 108.221 (2) (intro.) and amended to read:

SB45,931,14 108.221 (2) (intro.) Any employer described in s. 108.18 (2) (c) or engaged in the painting or drywall finishing of buildings or other structures who, through coercion, requires an individual to adopt the status of a nonemployee shall be assessed a penalty by the department as follows:

SB45,931,17 (a) For each act occurring before the date of the first determination of a violation of this subsection, the employer shall be assessed a penalty in the amount of $1,000 for each individual so coerced, but not to exceed $10,000 per calendar year.

SB45,1761 Section 1761. 108.221 (2) (b) of the statutes is created to read:

SB45,931,21 108.221 (2) (b) For each act occurring after the date of the first determination of a violation of this subsection, the employer shall be assessed a penalty in the amount of $2,000 for each individual so coerced.

SB45,1762 Section 1762. 108.24 (2m) of the statutes is amended to read:

SB45,932,11 108.24 (2m) Any employer described in s. 108.18 (2) (c) or engaged in the painting or drywall finishing of buildings or other structures who, after having previously been assessed an administrative penalty by the department under s. 108.221 (1), knowingly and intentionally provides false information to the department for the purpose of misclassifying or attempting to misclassify an individual who is an employee of the employer as a nonemployee shall be fined $1,000 for each employee who is misclassified, subject to a maximum fine of $25,000 for each violation. The department may, regardless of whether an employer has been subject to any administrative assessment under s. 108.221 or any other penalty or assessment under this chapter, refer violations of this subsection for prosecution by the department of justice or the district attorney for the county in which the violation occurred.

SB45,1763 Section 1763. 109.03 (1) (b) of the statutes is amended to read:

SB45,932,17 109.03 (1) (b) School district employees, cooperative educational service agency employees, and private school employees who voluntarily request payment over a 12-month period for personal services performed during the school year, unless, with respect to private school employees, the employees are covered under a valid collective bargaining agreement which precludes this method of payment.

SB45,1764 Section 1764. 109.09 (1) of the statutes is amended to read:

SB45,933,17 109.09 (1) The department shall investigate and attempt equitably to adjust controversies between employers and employees as to regarding alleged wage claims. The department may receive and investigate any wage claim that is filed with the department, or received by the department under s. 109.10 (4), no later than 2 years after the date the wages are due. The department may, after receiving a wage claim, investigate any wages due from the employer against whom the claim is filed to any employee during the period commencing 2 years before the date the claim is filed. The department shall enforce this chapter and s. ss. 66.0903, 2013 stats., s. 103.49, 2013 stats., s. 229.8275, 2013 stats., and s. 16.856, 2015 stats., and ss. 103.02, 103.49, 103.82, and 104.12, and 229.8275. In pursuance of this duty, the department may sue the employer on behalf of the employee to collect any wage claim or wage deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions under s. 109.10, the department may refer such an action to the district attorney of the county in which the violation occurs for prosecution and collection and the district attorney shall commence an action in the circuit court having appropriate jurisdiction. Any number of wage claims or wage deficiencies against the same employer may be joined in a single proceeding, but the court may order separate trials or hearings. In actions that are referred to a district attorney under this subsection, any taxable costs recovered by the district attorney shall be paid into the general fund of the county in which the violation occurs and used by that county to meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office of the district attorney who prosecuted the action.

SB45,1765 Section 1765. 109.09 (3) of the statutes is repealed.

SB45,1766 Section 1766. 109.11 (1) (c) of the statutes is amended to read:

SB45,933,24 109.11 (1) (c) If an employer does not agree to compromise and settle a wage claim under this subsection, the department may refer the wage claim to a district attorney under s. 109.09 (1) or to the department of justice under s. 109.10 (3) for commencement of an action in circuit court to collect the amount of wages due and unpaid plus increased wages as specified in sub. (2) (b) (a).

SB45,1767 Section 1767. 109.11 (2) (a) of the statutes is amended to read:

SB45,934,8 109.11 (2) (a) In Except as provided in par. (c), in a wage claim action that is commenced by an employee before the department has completed its investigation under s. 109.09 (1) and its attempts to compromise and settle the wage claim under sub. (1), a circuit court may shall order the employer to pay to the employee, in addition to the amount of wages due and unpaid and in addition to or in lieu of the criminal penalties specified in sub. (3), increased wages of not more than 50 100 percent of the amount of wages due and unpaid.

SB45,1768 Section 1768. 109.11 (2) (b) of the statutes is repealed.