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2007 - 2008 LEGISLATURE
2007 Assembly BILL 274
April 23, 2007 - Introduced by Representatives Mason, Zepnick, Turner, Black,
Pocan, Young, Boyle, Sinicki, Sheridan, Sherman, Pope-Roberts, Kreuser,
Travis, Van Akkeren, Kessler, Berceau and A. Williams, cosponsored by
Senators Decker, Hansen, Carpenter, Miller, Jauch, Lehman, Risser,
Sullivan, Erpenbach and Breske. Referred to Committee on Jobs and The
Economy.
AB274,1,6 1An Act to renumber 104.01 (1); to renumber and amend 104.045; to amend
249.141 (1) (g), 104.01 (intro.), 104.01 (8), 104.05, 104.07 (1), 104.07 (2), 104.10,
3104.11, 234.94 (5), 234.94 (8), 800.09 (1) (b), 800.095 (4) (b) 3. and 895.035 (2m)
4(c); and to create 104.01 (1d), 104.01 (1g), 104.01 (5g), 104.01 (5m), 104.01 (7m),
5104.035 and 104.045 (2) and (3) of the statutes; relating to: a state minimum
6wage and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Currently, the state minimum wage law requires that employers pay a living
wage to their employees. Under that law, the Department of Workforce Development
(DWD) has provided, by rule, minimum wages for various types of employees,
including employees, generally; minor employees; opportunity employees, which are
defined as employees under 20 years of age in their first 90 days of employment with
a particular employer; tipped employees; agricultural employees; camp counselors;
golf caddies; students employed at independent colleges and universities for less
than 20 hours per week; student learners employed in bona fide school training
programs; and individuals who are unable to earn the standard minimum wage
because of a disability. DWD has exempted, by rule, from the minimum wage law
employees who perform less than 15 hours per week of casual employment, such as
baby-sitting or lawn mowing, in and around an employer's home; employees who
provide companionship services to elderly or infirm individuals; and elementary and
secondary school students performing work-like activities in their schools. DWD
has also promulgated rules providing allowances against the minimum wage for
employers that provide meals or lodging for their employees.
Under this bill, DWD will continue to provide the exemptions listed above and
separate minimum wages for students employed at independent colleges and
universities for less than 20 hours per week, student learners employed in bona fide
school training programs, and individuals who are unable to earn the standard
minimum wages because of a disability. For other employees, however, the bill sets
the minimum wages, effective on September 1, 2007, or on the day after publication
of the bill, whichever is later, as follows: - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF
The bill also increases the allowance against the minimum wage that an
employer who provides room and board for an employee may take, as follows: - See PDF for table PDF
Beginning on September 1, 2008, the bill requires DWD annually to promulgate
rules revising the minimum wages and allowances for meals and lodging established
under the bill by determining the percentage difference between the consumer price
index for the preceding year and the consumer price index for the current year,
adjusting the minimum wages and allowances in effect on August 31 of the current
year by that percentage difference, and rounding that result to the nearest multiple
of five cents or, in the case of a camp counselor, the nearest dollar.
For further information see the state and local 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:
AB274, s. 1 1Section 1. 49.141 (1) (g) of the statutes is amended to read:
AB274,5,42 49.141 (1) (g) "Minimum wage" means the state minimum hourly wage under
3ch. 104 s. 104.035 (1) or the federal minimum hourly wage under 29 USC 206 (a) (1),
4whichever is applicable.
AB274, s. 2 5Section 2. 104.01 (intro.) of the statutes is amended to read:
AB274,6,2
1104.01 Definitions. (intro.) The following terms as used in In this chapter
2shall be construed as follows:
AB274, s. 3 3Section 3. 104.01 (1) of the statutes is renumbered 104.01 (1m).
AB274, s. 4 4Section 4. 104.01 (1d) of the statutes is created to read:
AB274,6,65 104.01 (1d) "Agricultural employee" means an employee who is employed in
6farming, as defined in s. 102.04 (3).
AB274, s. 5 7Section 5. 104.01 (1g) of the statutes is created to read:
AB274,6,108 104.01 (1g) "Consumer price index" means the average of the consumer price
9index over each 12-month period for all urban consumers, U.S. city average, as
10determined by the bureau of labor statistics of the U.S. department of labor.
AB274, s. 6 11Section 6. 104.01 (5g) of the statutes is created to read:
AB274,6,1312 104.01 (5g) "Minor employee" means a minor who is paid at the applicable
13minimum wage rate for minors.
AB274, s. 7 14Section 7. 104.01 (5m) of the statutes is created to read:
AB274,6,1615 104.01 (5m) "Opportunity employee" means a person under 20 years of age who
16is in the first 90 consecutive days of employment with his or her employer.
AB274, s. 8 17Section 8. 104.01 (7m) of the statutes is created to read:
AB274,6,2018 104.01 (7m) "Tipped employee" means an employee who in the course of
19employment customarily and regularly receives money or other gratuities from
20persons other than the employee's employer.
AB274, s. 9 21Section 9. 104.01 (8) of the statutes is amended to read:
AB274,6,2322 104.01 (8) The term "wage" and the term "wages" shall each mean "Wage"
23means any compensation for labor measured by time, piece, or otherwise.
AB274, s. 10 24Section 10. 104.035 of the statutes is created to read:
AB274,7,2
1104.035 Minimum wage. (1) Employees generally. (a) Minimum rates.
2Except as provided in subs. (2) to (8), the minimum wage is as follows:
AB274,7,33 1. For wages earned before September 1, 2008, $7.25 per hour.
AB274,7,54 2. For wages earned beginning on September 1, 2008, the amount determined
5by the department by rule promulgated under sub. (9).
AB274,7,96 (b) Allowances for meals and lodging. Except as provided in subs. (2) (b) and
7(4) (b), if an employer furnishes an employee with meals or lodging in accordance
8with rules promulgated by the department under s. 104.045 (2), the employer may
9deduct the following amounts from the wages of the employee:
AB274,7,1210 1. For lodging furnished before September 1, 2008, $58 per week or $8.25 per
11day and for meals furnished before September 1, 2008, $87 per week or $4.15 per
12meal.
AB274,7,1413 2. For meals and lodging furnished beginning on September 1, 2008, the
14amounts determined by the department by rule promulgated under sub. (9).
AB274,7,17 15(2) Minor and opportunity employees. (a) Minimum rates. Except as provided
16in subs. (3) to (8), the minimum wage for a minor employee or an opportunity
17employee is as follows:
AB274,7,1818 1. For wages earned before September 1, 2008, $6.60 per hour.
AB274,7,2019 2. For wages earned beginning on September 1, 2008, the amount determined
20by the department by rule promulgated under sub. (9).
AB274,7,2421 (b) Allowances for meals and lodging. Except as provided in sub. (4) (b), if an
22employer furnishes a minor employee or an opportunity employee with meals or
23lodging in accordance with rules promulgated by the department under s. 104.045
24(2), the employer may deduct the following amounts from the wages of the employee:
AB274,8,3
11. For lodging furnished before September 1, 2008, $52.65 per week or $7.55
2per day and for meals furnished before September 1, 2008, $78.95 per week or $3.75
3per meal.
AB274,8,54 2. For meals and lodging furnished beginning on September 1, 2008, the
5amounts determined by the department by rule promulgated under sub. (9).
AB274,8,11 6(3) Tipped employees. (a) Minimum rates. Except as provided in subs. (4) to
7(8), if an employer of a tipped employee establishes by the employer's payroll records
8that, when adding the tips received by the tipped employee in a week to the wages
9paid to the tipped employee in that week, the tipped employee receives not less than
10the applicable minimum wage specified in sub. (1) or (2), the minimum wage for the
11tipped employee is as follows:
AB274,8,1312 1. For wages earned before September 1, 2008, by a tipped employee who is not
13an opportunity employee, $2.60 per hour.
AB274,8,1514 2. For wages earned before September 1, 2008, by a tipped employee who is an
15opportunity employee, $2.40 per hour.
AB274,8,1716 3. For wages earned beginning on September 1, 2008, the amounts determined
17by the department by rule promulgated under sub. (9).
AB274,8,2118 (b) Allowances for meals and lodging. If an employer furnishes a tipped
19employee with meals or lodging in accordance with rules promulgated by the
20department under s. 104.045 (2), the employer may deduct the applicable amounts
21specified in subs. (1) (b) or (2) (b) from the wages of the tipped employee.
AB274,8,23 22(4) Agricultural employees. (a) Minimum rates. Except as provided in subs.
23(7) and (8), the minimum wage for an agricultural employee is as follows:
AB274,8,2524 1. For wages earned before September 1, 2008, by an adult agricultural
25employee, $5.75 per hour.
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