SB568,14,21 11(8) Records; inspection; enforcement. (a) Each contractor, subcontractor, or
12agent performing work on a publicly funded private construction project that is
13subject to this section shall keep full and accurate records clearly indicating the
14name and trade or occupation of every person performing the work described in sub.
15(3) and an accurate record of the number of hours worked by each of those persons
16and the actual wages paid for the hours worked. By no later than the end of the week
17following a week in which a contractor, subcontractor, or contractor's or
18subcontractor's agent performs work on a project that is subject to this section, the
19contractor, subcontractor, or agent shall submit to the contracting owner or
20developer a certified record of the information specified in the preceding sentence for
21that preceding week.

SB568,15,822 (b) The department or the local governmental unit providing financial
23assistance for a publicly funded private construction project may demand and
24examine, and every contractor, subcontractor, and contractor's or subcontractor's
25agent shall keep, and furnish upon request by the department or local governmental

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1unit, copies of payrolls and other records and information relating to the wages paid
2to persons performing the work described in sub. (3) for work to which this section
3applies. The department may inspect records in the manner provided in ch. 103.
4Every contractor, subcontractor, or agent performing work on a publicly funded
5private construction project that is subject to this section is subject to the
6requirements of ch. 103 relating to the examination of records. Section 111.322 (2m)
7applies to discharge and other discriminatory acts arising in connection with any
8proceeding under this section.

SB568,15,259 (c) If requested by any person, the department shall inspect the payroll records
10of any contractor, subcontractor, or contractor's or subcontractor's agent performing
11work on a publicly funded private construction project that is subject to this section
12to ensure compliance with this section. In the case of a request made by a person
13performing the work specified in sub. (3), if the department finds that the contractor,
14subcontractor, or agent subject to the inspection is in compliance and that the request
15if frivolous, the department shall charge the person making the request the actual
16cost of the inspection. In the case of a request made by a person not performing the
17work specified in sub. (3), if the department finds that the contractor, subcontractor,
18or agent subject to the inspection is in compliance and that the request is frivolous,
19the department shall charge the person making the request $250 or the actual cost
20of the inspection, whichever is greater. In order to find that a request is frivolous,
21the department must find that the person making the request made the request in
22bad faith, solely for the purpose of harassing or maliciously injuring the contractor,
23subcontractor, or agent subject to the inspection, or that the person making the
24request knew, or should have known, that there was no reasonable basis for believing
25that a violation of this section had been committed.

SB568,16,6

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1(d) Section 103.005 (5) (f), (11), (12), and (13) applies to this section, except that
2s. 103.005 (12) (a) does not apply to any person who fails to provide any information
3to the department to assist the department in determining prevailing wage rates
4under sub. (4) (a) or (b). Section 111.322 (2m) applies to discharge and other
5discriminatory acts arising in connection with any proceeding under this section,
6including proceedings under sub. (9) (a).

SB568,16,19 7(9) Liability and penalties. (a) Any contractor, subcontractor, or contractor's
8or subcontractor's agent who fails to pay the prevailing wage rate determined by the
9department under sub. (4) or who pays less than 1.5 times the hourly basic rate of
10pay for all hours worked in excess of the prevailing hours of labor is liable to any
11affected employee in the amount of his or her unpaid wages or his or her unpaid
12overtime compensation and in an additional equal amount as liquidated damages.
13An action to recover the liability may be maintained in any court of competent
14jurisdiction by any employee for and in behalf of that employee and other employees
15similarly situated. No employee may be a party plaintiff to the action unless the
16employee consents in writing to become a party and the consent is filed in the court
17in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in
18addition to any judgment awarded to the plaintiff, allow reasonable attorney fees
19and costs to be paid by the defendant.

SB568,16,2320 (b) 1. Except as provided in subds. 2., 4., and 6., any contractor, subcontractor,
21or contractor's or subcontractor's agent who violates this section may be fined not
22more than $200 or imprisoned for not more than 6 months or both. Each day that
23any violation continues is considered a separate offense.

SB568,17,624 2. Whoever induces any person who seeks to be or is employed on any publicly
25funded private construction project that is subject to this section to give up, waive,

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1or return any part of the wages to which the person is entitled under the contract
2governing the project, or who reduces the hourly basic rate of pay normally paid to
3a person for work on a project that is not subject to this section during a week in which
4the person works both on a project that is subject to this section and on a project that
5is not subject to this section, by threat not to employ, by threat of dismissal from
6employment, or by any other means is guilty of an offense under s. 946.15 (1).

SB568,17,167 3. Any person employed on a publicly funded private construction project that
8is subject to this section who knowingly permits a contractor, subcontractor, or
9contractor's or subcontractor's agent to pay him or her less than the prevailing wage
10rate set forth in the contract governing the project, who gives up, waives, or returns
11any part of the compensation to which he or she is entitled under the contract, or who
12gives up, waives, or returns any part of the compensation to which he or she is
13normally entitled for work on a project that is not subject to this section during a
14week in which the person works both on a project that is subject to this section and
15on a project that is not subject to this section, is guilty of an offense under s. 946.15
16(2).

SB568,17,2217 4. Whoever induces any person who seeks to be or is employed on any publicly
18funded private construction project that is subject to this section to permit any part
19of the wages to which the person is entitled under the contract governing the project
20to be deducted from the person's pay is guilty of an offense under s. 946.15 (3), unless
21the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is
22working on a project that is subject to 40 USC 276c.

SB568,18,323 5. Any person employed on a publicly funded private construction project that
24is subject to this section who knowingly permits any part of the wages to which he
25or she is entitled under the contract governing the project to be deducted from his or

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1her pay is guilty of an offense under s. 946.15 (4), unless the deduction would be
2permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is
3subject to 40 USC 276c.

SB568,18,64 6. Subdivision 1. does not apply to any person who fails to provide any
5information to the department to assist the department in determining prevailing
6wage rates under sub. (4) (a) or (b).

SB568,18,20 7(10) Debarment. (a) Except as provided under pars. (b) and (c), the department
8shall notify any owner or developer applying for a determination under sub. (4) and
9any owner or developer that is exempt under sub. (6) of the names of all persons
10whom the department has found to have failed to pay the prevailing wage rate
11determined under sub. (4) or has found to have paid less than 1.5 times the hourly
12basic rate of pay for all hours worked in excess of the prevailing hours of labor at any
13time in the preceding 3 years. The department shall include with each name the
14address of the person and shall specify when the person failed to pay the prevailing
15wage rate and when the person paid less than 1.5 times the hourly basic rate of pay
16for all hours worked in excess of the prevailing hours of labor. An owner or developer
17may not award any contract to the person unless otherwise recommended by the
18department or unless 3 years have elapsed from the date on which the department
19issued its findings or date of final determination by a court of competent jurisdiction,
20whichever is later.

SB568,18,2521 (b) The department may not include in a notification under par. (a) the name
22of any person on the basis of having let work to a person whom the department has
23found to have failed to pay the prevailing wage rate determined under sub. (4) or has
24found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked
25in excess of the prevailing hours of labor.

SB568,19,5

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1(c) This subsection does not apply to any contractor, subcontractor, or
2contractor's or subcontractor's or agent that in good faith commits a minor violation
3of this section, as determined on a case-by-case basis through administrative
4hearings with all rights to due process afforded to all parties or that has not
5exhausted or waived all appeals.

SB568,19,156 (d) Any person submitting a bid or negotiating a contract on a publicly funded
7private construction project that is subject to this section shall, on the date on which
8the person submits the bid, identify any construction business in which the person,
9or a shareholder, officer, or partner of the person, if the person is a business, owns,
10or has owned at least a 25 percent interest on the date the person submits the bid or
11at any other time within 3 years preceding the date on which the person submits the
12bid or negotiates the contract, if the business has been found to have failed to pay the
13prevailing wage rate determined under sub. (4) or to have paid less than 1.5 times
14the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
15labor.

SB568,19,1616 (e) The department shall promulgate rules to administer this subsection.

SB568,19,2318 103.49 (3) (ar) In determining prevailing wage rates under par. (a) or (am), the
19department may not use data from projects that are subject to this section, s. 66.0903,
2066.0904, 103.50, or 229.8275 or 40 USC 276a unless the department determines that
21there is insufficient wage data in the area to determine those prevailing wage rates,
22in which case the department may use data from projects that are subject to this
23section, s. 66.0903, 66.0904, 103.50, or 229.8275 or 40 USC 276a.

SB568,20,10

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1103.49 (5) (a) Each contractor, subcontractor , or contractor's or subcontractor's
2agent performing work on a project that is subject to this section shall keep full and
3accurate records clearly indicating the name and trade or occupation of every person
4performing the work described in sub. (2m) and an accurate record of the number of
5hours worked by each of those persons and the actual wages paid for the hours
6worked. By no later than the end of the week following a week in which a contractor,
7subcontractor, or contractor's or subcontractor's agent performs work on a project
8that is subject to this section, the contractor, subcontractor, or agent shall submit to
9the state agency authorizing the work a certified record of the information specified
10in the preceding sentence for that preceding week.

SB568,21,512 103.49 (5) (c) If requested by any person, the department shall inspect the
13payroll records of any contractor, subcontractor, or agent performing work on a
14project that is subject to this section to ensure compliance with this section. If In the
15case of a request made by a person performing the work specified in sub. (2m), if the
16department finds that the contractor, subcontractor, or agent subject to the
17inspection is found to be in compliance and if the person making the request is a
18person performing the work specified in sub. (2m) that the request is frivolous, the
19department shall charge the person making the request the actual cost of the
20inspection. If In the case of a request made by a person not performing the work
21specified in sub. (2m), if the department finds that the contractor, subcontractor, or
22agent subject to the inspection is found to be in compliance and if the person making
23the request is not a person performing the work specified in sub. (2m) that the
24request is frivolous, the department shall charge the person making the request $250
25or the actual cost of the inspection, whichever is greater. In order to find that a

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1request is frivolous, the department must find that the person making the request
2made the request in bad faith, solely for the purpose of harassing or maliciously
3injuring the contractor, subcontractor, or agent subject to the inspection, or that the
4person making the request knew, or should have known, that there was no
5reasonable basis for believing that a violation of this section had been committed.

SB568,21,97 103.50 (4m) Wage rate data. In determining prevailing wage rates for projects
8that are subject to this section, the department shall use data from projects that are
9subject to this section, s. 66.0903, 66.0904, or 103.49 or 40 USC 276a.

SB568,21,12 11103.503 (title) Substance abuse prevention on public works and
12publicly funded projects.

SB568,21,1814 103.503 (1) (a) "Accident" means an incident caused, contributed to, or
15otherwise involving an employee that resulted or could have resulted in death,
16personal injury, or property damage and that occurred while the employee was
17performing the work described in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a
18project.

SB568,21,2320 103.503 (1) (c) "Contracting agency" means a local governmental unit, as
21defined in s. 66.0903 (1) (d), or a state agency, as defined in s. 103.49 (1) (f), or an
22owner or developer under s. 66.0904 that has contracted for the performance of work
23on a project.

SB568,22,3

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1103.503 (1) (e) "Employee" means a laborer, worker, mechanic, or truck driver
2who performs the work described in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a
3project.

SB568,22,75 103.503 (1) (g) "Project" mean a project of public works that is subject to s.
666.0903 or 103.49 or a publicly funded private construction project that is subject to
7s. 66.0904.

SB568,22,159 103.503 (2) Substance abuse prohibited. No employee may use, possess,
10attempt to possess, distribute, deliver, or be under the influence of a drug, or use or
11be under the influence of alcohol, while performing the work described in s. 66.0903
12(4), 66.0904 (3), or 103.49 (2m) on a project. An employee is considered to be under
13the influence of alcohol for purposes of this subsection if he or she has an alcohol
14concentration that is equal to or greater than the amount specified in s. 885.235 (1g)
15(d).

SB568,22,2317 103.503 (3) (a) 2. A requirement that employees performing the work described
18in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a project submit to random,
19reasonable suspicion, and post-accident drug and alcohol testing and to drug and
20alcohol testing before commencing work on a project, except that testing of an
21employee before commencing work on a project is not required if the employee has
22been participating in a random testing program during the 90 days preceding the
23date on which the employee commenced work on the project.

SB568,23,4

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1104.001 (3) (am) The requirement that employees employed on a publicly
2funded private construction project for which a city, village, town, or county provides
3financial assistance, as defined in s. 66.0904 (1) (c), be paid at the prevailing wage
4rate, as defined in s. 66.0904 (1) (i), as required under s. 66.0904.

SB568,24,26 109.09 (1) The department shall investigate and attempt equitably to adjust
7controversies between employers and employees as to alleged wage claims. The
8department may receive and investigate any wage claim which is filed with the
9department, or received by the department under s. 109.10 (4), no later than 2 years
10after the date the wages are due. The department may, after receiving a wage claim,
11investigate any wages due from the employer against whom the claim is filed to any
12employee during the period commencing 2 years before the date the claim is filed.
13The department shall enforce this chapter and ss. 66.0903, 66.0904, 103.02, 103.49,
14103.82, 104.12, and 229.8275. In pursuance of this duty, the department may sue the
15employer on behalf of the employee to collect any wage claim or wage deficiency and
16ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions
17under s. 109.10, the department may refer such an action to the district attorney of
18the county in which the violation occurs for prosecution and collection and the
19district attorney shall commence an action in the circuit court having appropriate
20jurisdiction. Any number of wage claims or wage deficiencies against the same
21employer may be joined in a single proceeding, but the court may order separate
22trials or hearings. In actions that are referred to a district attorney under this
23subsection, any taxable costs recovered by the district attorney shall be paid into the
24general fund of the county in which the violation occurs and used by that county to

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1meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office
2of the district attorney who prosecuted the action.

SB568,24,64 111.322 (2m) (c) The individual files a complaint or attempts to enforce a right
5under s. 66.0903, 66.0904, 103.49, or 229.8275 or testifies or assists in any action or
6proceeding under s. 66.0903, 66.0904, 103.49, or 229.8275.

SB568,24,118 227.01 (13) (t) Ascertains and determines prevailing wage rates under ss.
966.0903, 66.0904, 103.49, 103.50, and 229.8275, except that any action or inaction
10which ascertains and determines prevailing wage rates under ss. 66.0903, 66.0904,
11103.49, 103.50, and 229.8275 is subject to judicial review under s. 227.40.

SB568,25,3 13946.15 Public and publicly funded construction contracts at less than
14full rate. (1) Any employer, or any agent or employee of an employer, who induces
15any person who seeks to be or is employed pursuant to a public contract as defined
16in s. 66.0901 (1) (c) or who seeks to be or is employed on a project on which a prevailing
17wage rate determination has been issued by the department of workforce
18development under s. 66.0903 (3), 66.0904 (4), 103.49 (3), 103.50 (3), or 229.8275 (3)
19or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6)
20or 66.0904 (6) to give up, waive, or return any part of the compensation to which that
21person is entitled under his or her contract of employment or under the prevailing
22wage rate determination issued by the department or local governmental unit, or
23who reduces the hourly basic rate of pay normally paid to an employee for work on
24a project on which a prevailing wage rate determination has not been issued under
25s. 66.0903 (3) or (6), 66.0904 (4) or (6), 103.49 (3), 103.50 (3), or 229.8275 (3) during

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1a week in which the employee works both on a project on which a prevailing wage
2rate determination has been issued and on a project on which a prevailing wage rate
3determination has not been issued, is guilty of a Class I felony.

SB568,25,18 4(2) Any person employed pursuant to a public contract as defined in s. 66.0901
5(1) (c) or employed on a project on which a prevailing wage rate determination has
6been issued by the department of workforce development under s. 66.0903 (3),
766.0904 (4), 103.49 (3), 103.50 (3), or 229.8275 (3) or by a local governmental unit,
8as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) or 66.0904 (6) who gives up,
9waives, or returns to the employer or agent of the employer any part of the
10compensation to which the employee is entitled under his or her contract of
11employment or under the prevailing wage determination issued by the department
12or local governmental unit, or who gives up any part of the compensation to which
13he or she is normally entitled for work on a project on which a prevailing wage rate
14determination has not been issued under s. 66.0903 (3) or (6), 66.0904 (4), 103.49 (3),
15103.50 (3), or 229.8275 (3) during a week in which the person works part-time on a
16project on which a prevailing wage rate determination has been issued and
17part-time on a project on which a prevailing wage rate determination has not been
18issued, is guilty of a Class C misdemeanor.

SB568,26,3 19(3) Any employer or labor organization, or any agent or employee of an
20employer or labor organization, who induces any person who seeks to be or is
21employed on a project on which a prevailing wage rate determination has been issued
22by the department of workforce development under s. 66.0903 (3), 66.0904 (4), 103.49
23(3), 103.50 (3), or 229.8275 (3) or by a local governmental unit, as defined in s. 66.0903
24(1) (d), under s. 66.0903 (6) or 66.0904 (6) to permit any part of the wages to which
25that person is entitled under the prevailing wage rate determination issued by the

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1department or local governmental unit to be deducted from the person's pay is guilty
2of a Class I felony, unless the deduction would be permitted under 29 CFR 3.5 or 3.6
3from a person who is working on a project that is subject to 40 USC 276c.

SB568,26,12 4(4) Any person employed on a project on which a prevailing wage rate
5determination has been issued by the department of workforce development under
6s. 66.0903 (3), 66.0904 (4), 103.49 (3), 103.50 (3) , or 229.8275 (3) or by a local
7governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) or 66.0904
8(6) who permits any part of the wages to which that person is entitled under the
9prevailing wage rate determination issued by the department or local governmental
10unit to be deducted from his or her pay is guilty of a Class C misdemeanor, unless the
11deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working
12on a project that is subject to 40 USC 276c.