Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1146 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1146
5	5	March 6, 2024 - Introduced by Representatives SUBECK, SINICKI, NEUBAUER,
6	6	RATCLIFF, JOERS, CLANCY, BALDEH, JACOBSON, C. ANDERSON, EMERSON, CONLEY,
7	7	MOORE OMOKUNDE, HONG, J. ANDERSON, BARE, OHNSTAD, VINING and PALMERI,
8	8	cosponsored by Senators AGARD, WIRCH, ROYS, LARSON and SPREITZER.
9	9	Referred to Committee on Labor and Integrated Employment.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to repeal 104.001, 104.01 (5g), 104.01 (7m) and 104.045 (1); to amend
12	12	104.045 (title); to repeal and recreate 104.035; and to create 104.01 (1g) and
13	13	227.01 (13) (Lw) of the statutes; relating to: a state minimum wage, allowing
14	14	the enactment of local minimum wage ordinances, and granting rule-making
15	15	authority.
16	16	Analysis by the Legislative Reference Bureau
17	17	Currently, the state minimum wage law requires that employers pay the
18	18	applicable minimum wage set in statute to their employees. Under that law, the
19	19	current minimum wage for most employees is $7.25 per hour. This bill raises the
20	20	minimum wage for most employees to $10.85 per hour on the effective date of the bill
21	21	and $15 per hour one year after the effective date of the bill.
22	22	Beginning two years after the bill's effective date, the bill requires the
23	23	Department of Workforce Development to annually revise the minimum wage
24	24	established under the bill by determining the percentage difference between the
25	25	consumer price index for the preceding year and the consumer price index for the
26	26	year before the preceding year, adjusting the minimum wage then in effect by that
27	27	percentage difference, and rounding that result to the nearest multiple of five cents.
28	28	DWD, however, is not required to revise the general minimum wage if the consumer
29	29	price index for the preceding year has not increased over the consumer price index
30	30	for the year before the preceding year. DWD is required to publish the revised
31	31	minimum wage in the Wisconsin Administrative Register and on DWD's website.
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37	37	MIM:emw
38	38	ASSEMBLY BILL 1146
39	39	The bill also repeals 1) provisions establishing a separate, lower minimum
40	40	wage for tipped employees; 2) a provision that requires DWD to promulgate rules
41	41	governing the counting of tips or similar gratuities toward payment of the minimum
42	42	wage; 3) provisions setting specific meal and lodging allowances; and 4) provisions
43	43	establishing minimum wages for minor employees, opportunity employees,
44	44	agricultural employees, and others and instead requires DWD to establish the
45	45	minimum wage for those employees by rule.
46	46	Finally, current law prohibits a city, village, town, or county from enacting and
47	47	administering an ordinance establishing a minimum wage. The bill eliminates that
48	48	prohibition.
49	49	For further information see the state and local fiscal estimate, which will be
50	50	printed as an appendix to this bill.
51	51	The people of the state of Wisconsin, represented in senate and assembly, do
52	52	enact as follows:
53	53	SECTION 1. 104.001 of the statutes is repealed.
54	54	SECTION 2. 104.01 (1g) of the statutes is created to read:
55	55	104.01 (1g) “Consumer price index" means the average of the consumer price
56	56	index over each 12-month period for all urban consumers, U.S. city average, all
57	57	items, not seasonally adjusted, as determined by the bureau of labor statistics of the
58	58	U.S. department of labor.
59	59	SECTION 3. 104.01 (5g) of the statutes is repealed.
60	60	SECTION 4. 104.01 (7m) of the statutes is repealed.
61	61	SECTION 5. 104.035 of the statutes is repealed and recreated to read:
62	62	104.035 Minimum wage; established. (1) EMPLOYEES GENERALLY. Except
63	63	as provided in subs. (2) and (3), the minimum wage is as follows:
64	64	(a) For wages earned after the effective date of this paragraph .... [LRB inserts
65	65	date], but before the first day of the 12th month beginning after the effective date of
66	66	this paragraph .... [LRB inserts date], $10.85 per hour.
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83	83	SECTION 5
84	84	ASSEMBLY BILL 1146
85	85	(b) For wages earned beginning on the first day of the 12th month beginning
86	86	after the effective date of this paragraph .... [LRB inserts date], and ending on the
87	87	last day of the 23rd month beginning after the effective date of this paragraph ....
88	88	[LRB inserts date], $15 per hour.
89	89	(c) For wages earned beginning on the first day of the 24th month beginning
90	90	after the effective date of this paragraph .... [LRB inserts date], the amount
91	91	determined by the department under sub. (4).
92	92	(2) MINIMUM WAGE ESTABLISHED BY DEPARTMENT. The department shall
93	93	promulgate rules establishing the minimum wage for all of the following:
94	94	(a) Opportunity employees.
95	95	(b) Agricultural employees.
96	96	(c) Camp counselors.
97	97	(d) Golf caddies.
98	98	(e) An employee or worker with a disability covered under a license under s.
99	99	104.07.
100	100	(f) A student learner.
101	101	(g) A student employed by an independent college or university for less than
102	102	20 hours per week.
103	103	(3) EMPLOYMENT EXEMPTED BY DEPARTMENT. The department shall promulgate
104	104	rules exempting from the minimum wage requirements under subs. (1) and (2) all
105	105	of the following:
106	106	(a) A person engaged in casual employment in and around an employer's home
107	107	on an irregular or intermittent basis for not more than 15 hours per week.
108	108	(b) A person who resides in the home of an employer who, due to advanced age
109	109	or physical or mental disability, cannot care for his or her own needs for the purpose
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136	136	SECTION 5 ASSEMBLY BILL 1146
137	137	of companionship and who spends not more than 15 hours per week on general
138	138	household work for the employer.
139	139	(c) An elementary or secondary school student performing student work-like
140	140	activities in the student's school.
141	141	(4) DEPARTMENT TO REVISE. (a) Subject to par. (b), by the date specified in sub.
142	142	(1) (c) and annually thereafter, the department shall revise the minimum wage under
143	143	sub. (1) (c) by calculating the percentage difference between the consumer price
144	144	index for the 12-month period ending on the last day of the last month for which that
145	145	information is available and the consumer price index for the 12-month period
146	146	ending on the last day of the month that is 12 months prior to that month, adjusting
147	147	the minimum wage then in effect by that percentage difference, and rounding that
148	148	result to the nearest multiple of 5 cents. The department shall annually send a notice
149	149	of the revised amount to the legislative reference bureau for publication in the
150	150	Wisconsin Administrative Register and shall annually publish the revised amount
151	151	on the department's website.
152	152	(b) Paragraph (a) does not apply if the consumer price index for the 12-month
153	153	period ending on the last day of the last month for which that information is available
154	154	has not increased over the consumer price index for the 12-month period ending on
155	155	the last day of the month that is 12 months prior to that month.
156	156	(5) GENDER-SPECIFIC MINIMUM WAGE PROHIBITED. The department may not
157	157	establish a different minimum wage for men and women.
158	158	SECTION 6. 104.045 (title) of the statutes is amended to read:
159	159	104.045 (title) Tips, meals, Meals, lodging, and hours worked.
160	160	SECTION 7. 104.045 (1) of the statutes is repealed.
161	161	SECTION 8. 227.01 (13) (Lw) of the statutes is created to read:
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187	187	LRB-5829/1
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189	189	SECTION 8
190	190	ASSEMBLY BILL 1146
191	191	227.01 (13) (Lw) Adjusts the minimum wage under s. 104.035 (4).
192	192	SECTION 9.0Effective date.
193	193	(1) MINIMUM WAGE. This act takes effect on the first day of the 3rd month
194	194	beginning after publication.
195	195	(END)
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