AB274,12,2
1(b) Paragraph (a) does not preclude the department from promulgating rules
2to increase a minimum wage provided under subs. (1) to (7).
AB274, s. 11 3Section 11. 104.045 of the statutes is renumbered 104.045 (intro.) and
4amended to read:
AB274,12,7 5104.045 Tipped employees Tips, meals, lodging, and hours worked.
6(intro.) The department shall by rule determine what amount of promulgate rules
7governing all of the following:
AB274,12,9 8(1) The counting of tips or similar gratuities may be counted toward fulfillment
9of the employer's obligation under this chapter.
AB274, s. 12 10Section 12. 104.045 (2) and (3) of the statutes are created to read:
AB274,12,1211 104.045 (2) The deduction of meals or lodging provided by an employer to an
12employee from the employer's obligation under this chapter.
AB274,12,14 13(3) The determination of hours worked by an employee during which the
14employee is entitled to a living wage under this chapter.
AB274, s. 13 15Section 13. 104.05 of the statutes is amended to read:
AB274,12,21 16104.05 Complaints; investigation. The department shall, within Within 20
17days after the filing of a verified complaint of any person setting forth alleging that
18the wages paid to any employee in any occupation are not sufficient to enable the
19employee to maintain himself or herself under conditions consistent with his or her
20welfare, the department shall investigate and determine whether there is
21reasonable cause to believe that the wage paid to any employee is not a living wage.
AB274, s. 14 22Section 14. 104.07 (1) of the statutes is amended to read:
AB274,13,323 104.07 (1) The department shall make promulgate rules, and, except as
24provided under subs. (5) and (6), grant licenses to any employer who employs any
25employee who is unable to earn the living wage determined by the department,

1permitting the employee to work for a wage that is commensurate with the
2employee's ability. Each license so granted shall establish a wage for the licensee
3employees of the licensee who are unable to earn a living wage.
AB274, s. 15 4Section 15. 104.07 (2) of the statutes is amended to read:
AB274,13,105 104.07 (2) The department shall make promulgate rules, and, except as
6provided under subs. (5) and (6), grant licenses to sheltered workshops, to permit the
7employment of workers with disabilities who are unable to earn the living wage at
8a wage that is commensurate with their ability and productivity. A license granted
9to a sheltered workshop under this subsection may be issued for the entire workshop
10or a department of the workshop.
AB274, s. 16 11Section 16. 104.10 of the statutes is amended to read:
AB274,13,18 12104.10 Penalty for intimidating witness. Any employer who discharges or
13threatens to discharge, or who in any way discriminates , or threatens to discriminate
14against, any employee because the employee has testified or is about to testify, or
15because the employer believes that the employee may testify, in any investigation or
16proceeding relative to the enforcement of this chapter, is guilty of a misdemeanor,
17and upon conviction thereof shall be punished by a fine of
may be fined $25 for each
18offense.
AB274, s. 17 19Section 17. 104.11 of the statutes is amended to read:
AB274,13,23 20104.11 Definition of violation. Each day during which any employer shall
21employ
employs a person for whom a living wage has been fixed at a wage that is less
22than the living wage fixed shall constitute a separate and distinct violation of this
23chapter.
AB274, s. 18 24Section 18. 234.94 (5) of the statutes is amended to read:
AB274,14,4
1234.94 (5) "Primary employment" means work which that pays at least the
2minimum wage as established under ch. 104 s. 104.035 (1) or under federal law,
3whichever is greater, offers adequate fringe benefits, including health insurance,
4and is not seasonal or part time.
AB274, s. 19 5Section 19. 234.94 (8) of the statutes is amended to read:
AB274,14,116 234.94 (8) "Target group" means a population group for which the
7unemployment level is at least 25% higher than the statewide unemployment level,
8or a population group for which the average wage received is less than 1.2 times the
9minimum wage as established under ch. 104 s. 104.035 (1) or under federal law,
10whichever is greater. No population group is required to be located within a
11contiguous geographic area to be considered a target group.
AB274, s. 20 12Section 20. 800.09 (1) (b) of the statutes is amended to read:
AB274,15,213 800.09 (1) (b) If the defendant agrees to perform community service work in
14lieu of making restitution or paying the forfeiture, assessments, and costs, or both,
15the court may order that the defendant perform community service work for a public
16agency or a nonprofit charitable organization that is designated by the court.
17Community service work may be in lieu of restitution only if also agreed to by the
18public agency or nonprofit charitable organization and by the person to whom
19restitution is owed. The court may utilize any available resources, including any
20community service work program, in ordering the defendant to perform community
21service work. The number of hours of community service work required may not
22exceed the number determined by dividing the amount owed on the forfeiture by the
23minimum wage established under ch. 104 for adults in nonagriculture, nontipped
24employment
s. 104.035 (1). The court shall ensure that the defendant is provided a

1written statement of the terms of the community service order and that the
2community service order is monitored.
AB274, s. 21 3Section 21. 800.095 (4) (b) 3. of the statutes is amended to read:
AB274,15,164 800.095 (4) (b) 3. That the defendant perform community service work for a
5public agency or a nonprofit charitable organization designated by the court, except
6that the court may not order the defendant to perform community service work
7unless the defendant agrees to perform community service work and, if the
8community service work is in lieu of restitution, unless the person to whom the
9restitution is owed agrees. The court may utilize any available resources, including
10any community service work program, in ordering the defendant to perform
11community service work. The number of hours of community service work required
12may not exceed the number determined by dividing the amount owed on the
13forfeiture, or restitution, or both, by the minimum wage established under ch. 104
14for adults in nonagriculture, nontipped employment
s. 104.035 (1). The court shall
15ensure that the defendant is provided a written statement of the terms of the
16community service order and that the community service order is monitored.
AB274, s. 22 17Section 22. 895.035 (2m) (c) of the statutes is amended to read:
AB274,16,918 895.035 (2m) (c) The court assigned to exercise jurisdiction under chs. 48 and
19938 may order that the juvenile perform community service work for a public agency
20or nonprofit charitable organization that is designated by the court in lieu of making
21restitution or paying the forfeiture or surcharge. If the parent agrees to perform
22community service work in lieu of making restitution or paying the forfeiture or
23surcharge, the court may order that the parent perform community service work for
24a public agency or a nonprofit charitable organization that is designated by the court.
25Community service work may be in lieu of restitution only if also agreed to by the

1public agency or nonprofit charitable organization and by the person to whom
2restitution is owed. The court may utilize any available resources, including any
3community service work program, in ordering the juvenile or parent to perform
4community service work. The number of hours of community service work required
5may not exceed the number determined by dividing the amount owed on the
6restitution, forfeiture, or surcharge by the minimum wage established under ch. 104
7for adults in nonagriculture, nontipped employment
s. 104.035 (1). The court shall
8ensure that the juvenile or parent is provided with a written statement of the terms
9of the community service order and that the community service order is monitored.
AB274, s. 23 10Section 23. Effective date.
AB274,16,1211 (1) Minimum wage. This act takes effect on September 1, 2007, or on the day
12after publication, whichever is later.
AB274,16,1313 (End)
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