Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB488 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 488
5	5	October 12, 2023 - Introduced by Representatives HONG, EMERSON, MYERS,
6	6	CABRERA, MOORE OMOKUNDE, RATCLIFF, CONLEY, J. ANDERSON, BARE, SUBECK,
7	7	ORTIZ-VELEZ, BALDEH, JOERS, JACOBSON, CLANCY, OHNSTAD, C. ANDERSON,
8	8	SINICKI and HAYWOOD, cosponsored by Senators LARSON, CARPENTER, ROYS,
9	9	SPREITZER, TAYLOR and HESSELBEIN. Referred to Committee on Jobs, Economy
10	10	and Small Business Development.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to repeal 104.01 (7m), 104.035 (3) and 104.045 (1); and to amend
13	13	104.035 (1) (b) (intro.), 104.035 (2) (b) (intro.), 104.035 (2m) (a), 104.035 (2m)
14	14	(b) (intro.) and 104.045 (title) of the statutes; relating to: elimination of tipped
15	15	minimum wage.
16	16	Analysis by the Legislative Reference Bureau
17	17	This bill eliminates the separate, tipped minimum wage for all employees.
18	18	Generally, under current law, every wage paid by any employer to any employee
19	19	must be at least the applicable minimum wage established under the statutes.
20	20	However, if an employer of a tipped employee establishes that, when adding the tips
21	21	received by the tipped employee in a week to the wages paid to the tipped employee
22	22	in that week, the tipped employee receives not less than the applicable minimum
23	23	wage (generally $7.25 per hour), the minimum wage that the employer must pay the
24	24	tipped employee is $2.33 per hour or, with respect to an employee under 20 years of
25	25	age in the first 90 consecutive days of employment with his or her employer
26	26	(opportunity employee), $2.13 per hour.
27	27	For further information see the state and local fiscal estimate, which will be
28	28	printed as an appendix to this bill.
29	29	The people of the state of Wisconsin, represented in senate and assembly, do
30	30	enact as follows:
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34	34	4 - 2 -2023 - 2024 Legislature LRB-4414/1
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36	36	SECTION 1 ASSEMBLY BILL 488
37	37	SECTION 1. 104.01 (7m) of the statutes is repealed.
38	38	SECTION 2. 104.035 (1) (b) (intro.) of the statutes is amended to read:
39	39	104.035 (1) (b) Allowances for meals and lodging. (intro.) Except as provided
40	40	in subs. (2) (b), (2m) (b), and (4) (b) and subject to sub. (3) (b), if an employer furnishes
41	41	an employee with meals or lodging in accordance with rules promulgated by the
42	42	department under s. 104.045 (2), the employer may deduct the following amounts
43	43	from the wages of the employee:
44	44	SECTION 3. 104.035 (2) (b) (intro.) of the statutes is amended to read:
45	45	104.035 (2) (b) Allowances for meals and lodging. (intro.) Except as provided
46	46	in subs. (2m) (b) and (4) (b) and subject to sub. (3) (b), if an employer furnishes a minor
47	47	employee with meals or lodging in accordance with rules promulgated by the
48	48	department under s. 104.045 (2), the employer may deduct the following amounts
49	49	from the wages of the employee:
50	50	SECTION 4. 104.035 (2m) (a) of the statutes is amended to read:
51	51	104.035 (2m) (a) Minimum rates. Except as provided in subs. (3) (4) to (8), the
52	52	minimum wage for an opportunity employee is $5.90 per hour.
53	53	SECTION 5. 104.035 (2m) (b) (intro.) of the statutes is amended to read:
54	54	104.035 (2m) (b) Allowances for meals and lodging. (intro.) Except as provided
55	55	in sub. (4) (b) and subject to sub. (3) (b), if an employer furnishes an opportunity
56	56	employee with meals or lodging in accordance with rules promulgated by the
57	57	department under s. 104.045 (2), the employer may deduct the following amounts
58	58	from the wages of the employee:
59	59	SECTION 6. 104.035 (3) of the statutes is repealed.
60	60	SECTION 7. 104.045 (title) of the statutes is amended to read:
61	61	104.045 (title) Tips, meals Meals, lodging, and hours worked.
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87	87	LRB-4414/1
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89	89	SECTION 8
90	90	ASSEMBLY BILL 488
91	91	SECTION 8. 104.045 (1) of the statutes is repealed.
92	92	(END)
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