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.

SB40,6,6 (b) The wages the employer will pay the employee, the frequency of payment, and, if the wages will be paid as an hourly wage, the hourly rate the employer will pay the employee.

SB40,6,8 (c) The periods of work for which the employer will pay the employee an hourly rate higher than the rate under par. (b), including all of the following:

SB40,6,9 1. After the employee has worked a specified number of hours in a day.

SB40,6,10 2. After the employee has worked a specified number of hours in a week.

SB40,6,11 3. After the employee has worked a specified number of hours in a month.

SB40,6,12 4. Specified nights, weekends, and holidays.

SB40,6,18 (d) A description of any other employment benefits that the employer will provide, including health insurance benefits and pension or other retirement benefits, and any cost of required employee contributions for those benefits, paid sick leave, vacation pay, holiday pay, personal protective equipment that is required for the performance of the employee's work, worker's compensation coverage, and unemployment insurance.

SB40,6,21 (2) Waiver prohibited. Any agreement between an employer and an employee purporting to waive or modify the requirement for a written disclosure statement under sub. (1) or any term of employment specified in such a statement is void.

SB40,7,2 (3) Noncompliance; enforcement. (a) Any employer that fails to provide a written disclosure statement to an employee as required under sub. (1) or that fails to comply with the terms of employment specified in a written disclosure statement provided to an employee under sub. (1) is liable to the employee for all of the following:

SB40,7,5 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.

SB40,7,9 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 s. 109.11 (2) (a) or (b), whichever is greater.

SB40,7,10 3. Reasonable costs and attorney fees, notwithstanding s. 814.04.

SB40,7,16 (b) In addition to the liability specified in par. (a) 1. to 3., the department or the circuit court may order an employer that fails to provide a written disclosure statement to an employee as required under sub. (1) or that fails to comply with the terms of employment specified in a written disclosure statement provided to an employee under sub. (1) to take such action as will effectuate the purpose of this section.

SB40,7,21 (c) An employee who is affected by a violation of par. (a) 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 under s. 109.09 (1) (a). Section 111.322 applies to any discharge or other discriminatory acts arising in connection with any proceeding under this section.

SB40,7 Section 7. 109.01 (3m) of the statutes is created to read:

SB40,8,2 109.01 (3m) “Wage claim" includes a claim under s. 103.40 (3) (c) that an employer has failed to provide a written disclosure statement to an employee as required under s. 103.40 (1) or has failed to comply with the terms of employment specified in a written disclosure statement provided to an employee under s. 103.40 (1).

SB40,8 Section 8. 109.03 (5) of the statutes is amended to read:

SB40,8,16 109.03 (5) Enforcement. Except as provided in sub. (1), no employer may by special contract with employees or by any other means secure exemption from this section. Each employee shall have a right of action against any employer for the full amount of the employee's wages due on each regular pay day as provided in this section and for interest on that amount and increased wages as provided in s. 109.11 (2), in any court of competent jurisdiction. An employee may bring an action under this subsection on his or her own behalf and on behalf of other employees similarly situated who consent in writing to being parties to the action. The employee who brings the action shall file such a written consent with the court. An employee may bring an action against an employer under this subsection without first filing a wage claim with the department under s. 109.09 (1) (a). An employee who brings an action against an employer under this subsection shall have a lien upon all property of the employer, real or personal, located in this state as described in s. 109.09 (2).

SB40,9 Section 9 . 109.09 (1) of the statutes is renumbered 109.09 (1) (a) and amended to read:

SB40,9,4 109.09 (1) (a) The department shall investigate and attempt equitably to adjust controversies between employers and employees as to alleged wage claims. An employee may file a wage claim under this paragraph on his or her own behalf and on behalf of other employees similarly situated who consent in writing to being parties to the claim. The employee who files the claim shall file any written consent form with the department. 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 4 years after the date the wages are due. The department may, after After receiving a wage claim, the department may investigate any wages due from the employer against whom the claim is filed to any employee during the period commencing 2 4 years before the date the claim is filed.

SB40,9,15 (b) The department shall enforce this chapter and s. 66.0903, 2013 stats., s. 103.49, 2013 stats., s. 229.8275, 2013 stats., and s. 16.856, 2015 stats., and ss. 103.02, 103.40, 103.82, and 104.12. 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 occurred for prosecution and collection and the district attorney shall commence an action in the circuit court having appropriate jurisdiction. Any number of Multiple 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.

SB40,9,20 (c) In actions that are referred to a district attorney under this subsection par. (b), any taxable costs recovered by the district attorney shall be paid into the general fund of the county in which the violation occurs occurred and shall be 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.