104.01(8)
(8) The term "wage" and the term "wages" shall each mean any compensation for labor measured by time, piece or otherwise.
104.01(9)
(9) The term "welfare" shall mean and include reasonable comfort, reasonable physical well-being, decency, and moral well-being.
104.01 Annotation
Sections 104.01 to 104.12 do not apply to the state or its political subdivisions as employers. 62 Atty. Gen. 47.
104.02
104.02
Living-wage prescribed. Every wage paid or agreed to be paid by any employer to any employe, except as otherwise provided in
s. 104.07, shall be not less than a living-wage.
104.02 History
History: 1975 c. 94.
104.03
104.03
Unlawful wages. Any employer paying, offering to pay, or agreeing to pay any employe a wage lower or less in value than a living-wage is guilty of a violation of
ss. 104.01 to
104.12.
104.03 History
History: 1975 c. 94.
104.04
104.04
Classifications; department's authority. The department shall investigate, ascertain, determine and fix such reasonable classifications, and shall impose general or special orders, determining the living-wage, and shall carry out the purposes of
ss. 104.01 to
104.12. Such investigations, classifications and orders shall be made as provided under
s. 103.005, and the penalties specified in
s. 103.005 (12) shall apply to and be imposed for any violation of
ss. 104.01 to
104.12. In determining the living-wage, the department may consider the effect that an increase in the living-wage might have on the economy of the state, including the effect of a living-wage increase on job creation, retention and expansion, on the availability of entry-level jobs and on regional economic conditions within the state. The department may not establish a different minimum wage for men and women. Said orders shall be subject to review in the manner provided in
ch. 227.
104.04 History
History: 1971 c. 228 s.
43;
1975 c. 94;
1995 a. 27.
104.045
104.045
Tipped employes. The department shall by rule determine what amount of tips or similar gratuities may be counted toward fulfillment of the employer's obligation under this chapter.
104.045 History
History: 1977 c. 179.
104.05
104.05
Complaints; investigation. The department shall, within 20 days after the filing of a verified complaint of any person setting forth that the wages paid to any employe in any occupation are not sufficient to enable the employe to maintain himself or herself under conditions consistent with his or her welfare, investigate and determine whether there is reasonable cause to believe that the wage paid to any employe is not a living-wage.
104.05 History
History: 1975 c. 94.
104.06
104.06
Wage council; determination. If, upon investigation, the department finds that there is reasonable cause to believe that the wages paid to any employe are not a living-wage, it shall appoint a wage council, selected so as fairly to represent employers, employes and the public, to assist in its investigations and determinations. The living-wage so determined upon shall be the living-wage for all employes within the same class as established by the classification of the department.
104.06 History
History: 1975 c. 94.
104.07
104.07
Rules; license to employ; student learners; sheltered workshops. 104.07(1)(1) The department shall make rules and grant licenses, to any employer who employs any employe unable to earn the living-wage theretofore determined upon, permitting such person to work for a wage which shall be commensurate with ability and each license so granted shall establish a wage for the licensee.
104.07(2)
(2) The department shall make rules and grant licenses to sheltered workshops to permit the employment of handicapped workers unable to earn the living-wage theretofore determined upon permitting such persons to work for a wage which shall be commensurate with his or her ability and productivity. A license granted to a sheltered workshop, under this section, may be issued for the entire workshop or a department thereof.
104.07(3)
(3) No student learner or employe shall be employed at a wage less than the rate so established.
104.07 History
History: 1977 c. 29 s.
1651;
1977 c. 273.
104.08(1)(1) All persons working in an occupation for which a living-wage has been established for minors, and who shall have no trade, shall, if employed in an occupation which is a trade industry, be indentured under the provisions of
s. 106.01.
104.08(2)
(2) A "trade" or a "trade industry" within the meaning of
ss. 104.01 to
104.12 shall be a trade or an industry involving physical labor and characterized by mechanical skill and training such as render a period of instruction reasonably necessary. The department shall investigate, determine and declare what occupations and industries are included within the phrase a "trade" or a "trade industry".
104.08(3)
(3) The department may make exceptions to the operation of
subs. (1) and
(2) where conditions make their application unreasonable.
104.09
104.09
Records. Each employer shall keep a record of the names and addresses of all student learners and employes, the hours of employment and wages of each, and such other records pertaining to ability as the department requires.
104.09 History
History: 1977 c. 29 s.
1651;
1977 c. 273.
104.10
104.10
Penalty for intimidating witness. Any employer who discharges or threatens to discharge, or in any way discriminates, or threatens to discriminate against any employe because the employe has testified or is about to testify, or because the employer believes that the employe may testify, in any investigation or proceeding relative to the enforcement of
ss. 104.01 to
104.12, is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of $25 for each offense.
104.11
104.11
Definition of violation. Each day during which any employer shall employ a person for whom a living-wage has been fixed at a wage less than the living-wage fixed shall constitute a separate and distinct violation of
ss. 104.01 to
104.12.
104.12
104.12
Complaints. Any person may register with the department a complaint that the wages paid to employes for whom a living-wage has been established are less than that rate, and the department shall investigate the matter and take all proceedings necessary to enforce the payment of a wage not less than the living-wage.
Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.
104.12 History
History: 1989 a. 228.
