LRB-0983/2
GMM:sac:rs
2013 - 2014 LEGISLATURE
February 28, 2014 - Introduced by Senator Grothman, cosponsored by
Representative Knodl. Referred to Committee on Judiciary and Labor.
SB651,1,4 1An Act to renumber and amend 103.02; to amend 103.03; and to create
2103.02 (3) and 103.023 of the statutes; relating to: the exemption of
3companionship services providers from the overtime pay requirements of the
4wage and hours laws and requiring the exercise of rule-making authority.
Analysis by the Legislative Reference Bureau
Current law requires the Department of Workforce Development (DWD), to
promulgate rules requiring employers to pay employees 1.5 times their regular rates
of pay for all hours worked in excess of 40 hours per week (overtime pay).
Similarly, the federal Fair Labor Standards Act (FLSA) requires employees to
pay employees overtime pay, but regulations promulgated under the FLSA exempt
from the overtime pay requirement employees who are employed to provide
fellowship, care, and protection for a person who, because of advanced age or physical
or mental infirmity, cannot care for his or her own needs and who spend less than 20
percent of their total weekly hours worked on general household work
(companionship services providers).
This bill requires DWD to promulgate rules exempting companionship services
providers from state overtime pay requirements in the same manner as those
providers are exempt from those requirements under the FLSA.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB651,1
1Section 1. 103.02 of the statutes is renumbered 103.02 (1) and amended to
2read:
SB651,2,63 103.02 (1) No person may be employed or be permitted to work in any place of
4employment or at any employment for such any period of time during any day, night,
5or week, as that is dangerous or prejudicial to the person's life, health, safety, or
6welfare.
SB651,2,19 7(2) The department shall investigate, ascertain, determine, and fix such
8reasonable classification, classifications, issue general or special orders, and
9promulgate rules fixing a period of time, or hours of beginning and ending work
10during any day, night, or week, which shall that may be necessary to protect the life,
11health, safety, or welfare of any person, or to carry out the purposes of ss. 103.01 to
12103.03. The department shall, by rule, classify such periods of time into periods to
13be paid for at regular rates and periods to be paid for at the rate of at least one and
14one-half
1.5 times the regular rates. Such investigations, classifications, rules, and
15orders shall be made as provided in s. 103.005 and the penalties under s. 103.005 (12)
16shall apply to and be imposed for any violation of ss. 103.01 to 103.03
. Such orders
17shall be subject to review in the manner provided in ch. 227. Section 111.322 (2m)
18applies to discharge or other discriminatory acts arising in connection with any
19proceeding under this section.
SB651,2 20Section 2. 103.02 (3) of the statutes is created to read:
SB651,2,2321 103.02 (3) The employment of any person in any employment or place of
22employment at any time other than the permissible hours of labor under this section
23shall be prima facie evidence of a violation of this section.
SB651,3 24Section 3. 103.023 of the statutes is created to read:
SB651,3,2
1103.023 Hours of labor; companionship providers. (1) Definitions. In
2this section:
SB651,3,73 (a) "Companionship services" mean those services, including household work,
4that provide fellowship, care, and protection for a person who, because of advanced
5age or physical or mental infirmity, cannot care for his or her own needs.
6"Companionship services" do not include services that are performed by trained
7personnel, such as a registered nurse or a licensed practical nurse.
SB651,3,88 (b) "Household work" includes all of the following:
SB651,3,119 1. Household work related to the care of a person who, because of advanced age
10or physical or mental infirmity, cannot care for his or her own needs, including meal
11preparation, bed making, clothes washing and the provision of other similar services.
SB651,3,1212 2. General household work not described in subd. 1.
SB651,3,18 13(2) Exemption. In promulgating rules under s. 103.02 (2) classifying periods
14of time into periods to be paid for at regular rates and periods to be paid for at a rate
15of at least 1.5 times the regular rates, the department shall exempt from the
16application of those rules employees who are employed to provide companionship
17services and who spend less than 20 percent of their total weekly hours worked on
18general household work.
SB651,4 19Section 4. 103.03 of the statutes is amended to read:
SB651,4,4 20103.03 Violations; penalty. The employment of any person in any
21employment or place of employment at any time other than the permissible hours of
22labor shall be prima facie evidence of a violation of this section.
Any employer that
23violates s. 103.02 or 103.023 is subject to the penalties under s. 103.005 (12).
Every
24day for each person employed, and every week for each person employed, during
25which any employer fails to observe or to comply with any order of the department,

1or to perform any duty enjoined by ss. 103.01 to 103.03 required by s. 103.02 or
2103.023
, shall constitute a separate offense. Section 111.322 (2m) applies to
3discharge or other discriminatory acts arising in connection with any proceeding
4under s. 103.02 or 103.023.
SB651,5 5Section 5. Initial applicability.
SB651,4,96 (1) Companionship services providers. This act first applies to an employee
7who is affected by a collective bargaining agreement that contains provisions
8inconsistent with this act on the day on which the collective bargaining agreement
9expires or is extended, modified, or renewed, whichever occurs first.
SB651,4,1010 (End)
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