SB1,8,2219 (b) Allowances for meals and lodging. If an employer furnishes a tipped
20employee with meals or lodging in accordance with rules promulgated by the
21department under s. 104.045 (2), the employer may deduct the applicable amounts
22specified in sub. (1) (b) or (2) (b) from the wages of the tipped employee.
SB1,8,24 23(4) Agricultural employees. (a) Minimum rates. Except as provided in subs.
24(7) and (8), the minimum wage for an agricultural employee is as follows:
SB1,9,2
11. For wages earned before June 1, 2010, by an adult agricultural employee,
2$6.05 per hour.
SB1,9,43 2. For wages earned before June 1, 2010, by a minor agricultural employee,
4$4.95.
SB1,9,65 3. For wages earned beginning on June 1, 2010, the amounts determined by the
6department by rule promulgated under sub. (9).
SB1,9,107 (b) Allowances for meals and lodging. If an employer furnishes an agricultural
8employee with meals or lodging in accordance with rules promulgated by the
9department under s. 104.045 (2), the employer may deduct the following amounts
10from the wages of the employee:
SB1,9,1311 1. For lodging furnished to an adult agricultural employee, before June 1, 2010,
12$48.20 per week or $6.90 per day and for meals furnished to an adult agricultural
13employee, before June 1, 2010, $72.30 per week or $3.45 per meal.
SB1,9,1614 2. For lodging furnished to a minor agricultural employee before June 1, 2010,
15$39.80 per week or $5.65 per day and for meals furnished to a minor agricultural
16employee before June 1, 2010, $59.65 per week or $2.80 per meal.
SB1,9,1817 3. For meals and lodging furnished beginning on June 1, 2010, the amounts
18determined by the department by rule promulgated under sub. (9).
SB1,9,21 19(5) Camp counselors. (a) Minimum rates for adult counselors. The minimum
20wage for a counselor at a seasonal recreational or educational camp, including a day
21camp, who is an adult is as follows:
SB1,9,2422 1. For wages earned before June 1, 2010, $369 per week if meals and lodging
23are not furnished, $281 per week if only meals are furnished, and $221 per week if
24both meals and lodging are furnished.
SB1,10,2
12. For wages earned beginning on June 1, 2010, the amounts determined by the
2department by rule promulgated under sub. (9).
SB1,10,53 (b) Minimum rates for minor counselors. The minimum wage for a counselor
4at a seasonal recreational or educational camp, including a day camp, who is a minor
5is as follows:
SB1,10,86 1. For wages earned before June 1, 2010, $322 per week if meals and lodging
7are not furnished, $245 per week if only meals are furnished, and $193 per week if
8both meals and lodging are furnished.
SB1,10,109 2. For wages earned beginning on June 1, 2010, the amounts determined by the
10department by rule promulgated under sub. (9).
SB1,10,11 11(6) Golf caddies. The minimum wage for a golf caddy is as follows:
SB1,10,1212 (a) For wages earned before June 1, 2010, $12.30 for caddying 18 holes.
SB1,10,1313 (b) For wages earned before June 1, 2010, $6.90 for caddying 9 holes.
SB1,10,1514 (c) For wages earned beginning on June 1, 2010, the amounts determined by
15the department by rule promulgated under sub. (9).
SB1,10,17 16(7) Minimum wage established by department. The department shall
17promulgate rules providing the minimum wage for all of the following:
SB1,10,1918 (a) An employee or worker with a disability covered under a license under s.
19104.07.
SB1,10,2020 (b) A student learner.
SB1,10,2221 (c) A student employed by an independent college or university for less than
2220 hours per week.
SB1,10,25 23(8) Employment exempted by department. The department shall promulgate
24rules exempting from the minimum wage requirements under subs. (1) to (7) all of
25the following:
SB1,11,2
1(a) A person engaged in casual employment in and around an employer's home
2on an irregular or intermittent basis for not more than 15 hours per week.
SB1,11,63 (b) A person who resides in the home of an employer who, due to advanced age
4or physical or mental disability, cannot care for his or her own needs, for the purpose
5of companionship and who spends not more than 15 hours per week on general
6household work for the employer.
SB1,11,87 (c) An elementary or secondary school student performing student work-like
8activities in the student's school.
SB1,12,2 9(9) Department to revise. (a) Subject to par. (b), by June 1 of each year, the
10department, using the procedures under s. 227.24, shall promulgate rules to revise
11the minimum wages and allowances for meals and lodging established under subs.
12(1) to (7). The department shall determine those revised minimum wages and
13allowances by calculating the percentage difference between the consumer price
14index for the 12-month period ending on February 28 of the preceding year and the
15consumer price index for the 12-month period ending on February 28 of the current
16year, adjusting the minimum wages and allowances in effect on May 31 of the current
17year by that percentage difference, and rounding that result to the nearest multiple
18of 5 cents, except that for a minimum wage under sub. (5), the department shall
19round the result to the nearest dollar. Notwithstanding s. 227.24 (1) (a), (2) (b), and
20(3), the department may promulgate an emergency rule under s. 227.24 revising the
21minimum wages and allowances established under subs. (1) to (7) without providing
22evidence that the emergency rule is necessary to preserve the public peace, health,
23safety, or welfare and without a finding of emergency. A revised minimum wage or
24allowance determined under this paragraph shall first apply to wages earned or

1meals or lodging furnished on June 1 of the year in which the wage or allowance is
2revised.
SB1,12,43 (b) Paragraph (a) does not preclude the department from promulgating rules
4to increase a minimum wage provided under subs. (1) to (7).
SB1, s. 12 5Section 12. 104.045 of the statutes is renumbered 104.045 (intro.) and
6amended to read:
SB1,12,9 7104.045 Tipped employees Tips, meals, lodging, and hours worked.
8(intro.) The department shall by rule determine what amount of promulgate rules
9governing all of the following:
SB1,12,11 10(1) The counting of tips or similar gratuities may be counted toward fulfillment
11of the employer's obligation under this chapter.
SB1, s. 13 12Section 13. 104.045 (2) and (3) of the statutes are created to read:
SB1,12,1413 104.045 (2) The deduction of meals or lodging provided by an employer to an
14employee from the employer's obligation under this chapter.
SB1,12,16 15(3) The determination of hours worked by an employee during which the
16employee is entitled to a living wage under this chapter.
SB1, s. 14 17Section 14. 104.05 of the statutes is amended to read:
SB1,12,23 18104.05 Complaints; investigation. The department shall, within Within 20
19days after the filing of a verified complaint of any person setting forth alleging that
20the wages paid to any employee in any occupation are not sufficient to enable the
21employee to maintain himself or herself under conditions consistent with his or her
22welfare, the department shall investigate and determine whether there is
23reasonable cause to believe that the wage paid to any employee is not a living wage.
SB1, s. 15 24Section 15. 104.07 (1) of the statutes is amended to read:
SB1,13,6
1104.07 (1) The department shall make promulgate rules, and, except as
2provided under subs. (5) and (6), grant licenses to any employer who employs any
3employee who is unable to earn the living wage determined by the department,
4permitting the employee to work for a wage that is commensurate with the
5employee's ability. Each license so granted shall establish a wage for the licensee
6employees of the licensee who are unable to earn a living wage.
SB1, s. 16 7Section 16. 104.07 (2) of the statutes is amended to read:
SB1,13,138 104.07 (2) The department shall make promulgate rules, and, except as
9provided under subs. (5) and (6), grant licenses to sheltered workshops, to permit the
10employment of workers with disabilities who are unable to earn the living wage at
11a wage that is commensurate with their ability and productivity. A license granted
12to a sheltered workshop under this subsection may be issued for the entire workshop
13or a department of the workshop.
SB1, s. 17 14Section 17. 104.10 of the statutes is amended to read:
SB1,13,21 15104.10 Penalty for intimidating witness. Any employer who discharges or
16threatens to discharge, or who in any way discriminates , or threatens to discriminate
17against, any employee because the employee has testified or is about to testify, or
18because the employer believes that the employee may testify, in any investigation or
19proceeding relative to the enforcement of this chapter, is guilty of a misdemeanor,
20and upon conviction thereof shall be punished by a fine of
may be fined $25 for each
21offense.
SB1, s. 18 22Section 18. 104.11 of the statutes is amended to read:
SB1,14,2 23104.11 Definition of violation. Each day during which any employer shall
24employ
employs a person for whom a living wage has been fixed at a wage that is less

1than the living wage fixed shall constitute a separate and distinct violation of this
2chapter.
SB1, s. 19 3Section 19. 234.94 (5) of the statutes is amended to read:
SB1,14,74 234.94 (5) "Primary employment" means work which that pays at least the
5minimum wage as established under ch. 104 s. 104.035 (1) or under federal law,
6whichever is greater, offers adequate fringe benefits, including health insurance,
7and is not seasonal or part time.
SB1, s. 20 8Section 20. 234.94 (8) of the statutes is amended to read:
SB1,14,149 234.94 (8) "Target group" means a population group for which the
10unemployment level is at least 25% higher than the statewide unemployment level,
11or a population group for which the average wage received is less than 1.2 times the
12minimum wage as established under ch. 104 s. 104.035 (1) or under federal law,
13whichever is greater. No population group is required to be located within a
14contiguous geographic area to be considered a target group.
SB1, s. 21 15Section 21. 800.09 (1) (b) of the statutes is amended to read:
SB1,15,416 800.09 (1) (b) If the defendant agrees to perform community service work in
17lieu of making restitution or paying the forfeiture, assessments, and costs, or both,
18the court may order that the defendant perform community service work for a public
19agency or a nonprofit charitable organization that is designated by the court.
20Community service work may be in lieu of restitution only if also agreed to by the
21public agency or nonprofit charitable organization and by the person to whom
22restitution is owed. The court may utilize any available resources, including any
23community service work program, in ordering the defendant to perform community
24service work. The number of hours of community service work required may not
25exceed the number determined by dividing the amount owed on the forfeiture by the

1minimum wage established under ch. 104 for adults in nonagriculture, nontipped
2employment
s. 104.035 (1). The court shall ensure that the defendant is provided a
3written statement of the terms of the community service order and that the
4community service order is monitored.
SB1, s. 22 5Section 22. 800.095 (4) (b) 3. of the statutes is amended to read:
SB1,15,186 800.095 (4) (b) 3. That the defendant perform community service work for a
7public agency or a nonprofit charitable organization designated by the court, except
8that the court may not order the defendant to perform community service work
9unless the defendant agrees to perform community service work and, if the
10community service work is in lieu of restitution, unless the person to whom the
11restitution is owed agrees. The court may utilize any available resources, including
12any community service work program, in ordering the defendant to perform
13community service work. The number of hours of community service work required
14may not exceed the number determined by dividing the amount owed on the
15forfeiture, or restitution, or both, by the minimum wage established under ch. 104
16for adults in nonagriculture, nontipped employment
s. 104.035 (1). The court shall
17ensure that the defendant is provided a written statement of the terms of the
18community service order and that the community service order is monitored.
SB1, s. 23 19Section 23. 895.035 (2m) (c) of the statutes is amended to read:
SB1,16,1120 895.035 (2m) (c) The court assigned to exercise jurisdiction under chs. 48 and
21938 may order that the juvenile perform community service work for a public agency
22or nonprofit charitable organization that is designated by the court in lieu of making
23restitution or paying the forfeiture or surcharge. If the parent agrees to perform
24community service work in lieu of making restitution or paying the forfeiture or
25surcharge, the court may order that the parent perform community service work for

1a public agency or a nonprofit charitable organization that is designated by the court.
2Community service work may be in lieu of restitution only if also agreed to by the
3public agency or nonprofit charitable organization and by the person to whom
4restitution is owed. The court may utilize any available resources, including any
5community service work program, in ordering the juvenile or parent to perform
6community service work. The number of hours of community service work required
7may not exceed the number determined by dividing the amount owed on the
8restitution, forfeiture, or surcharge by the minimum wage established under ch. 104
9for adults in nonagriculture, nontipped employment
s. 104.035 (1). The court shall
10ensure that the juvenile or parent is provided with a written statement of the terms
11of the community service order and that the community service order is monitored.
SB1, s. 24 12Section 24. Effective date.
SB1,16,1413 (1) Minimum wage. This act takes effect on June 1, 2009, or on the day after
14publication, whichever is later.
SB1,16,1515 (End)
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