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Bills · 2013-2014 Regular Session

SB 398

Died at session end Official bill text Atom feed

Relating to: the provision by employers to employees of written disclosure statements of the terms of employment, the filing and investigation of wage claims, the statute of limitations for filing a wage claim action, the payment of interest, penalties, and surcharges on wage claims, occupational or professional licensing of employers that owe wages under wage claim judgments, and making an appropriation. (FE)

Attorney — Fee Circuit court Civil service Court — Fee Damage _personal injury_ Employment Employment relations, joint committee on Judgment Justice, department of Limitation of action Trades and occupations Wage Walters, steve Workforce development, department of Wynn, lauri j

  1. Introduced, stopped here
  2. Passes Senate, not reached
  3. Passes Assembly, not reached
  4. Governor signs, not reached
  5. Law, not reached

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

Current law

Wage claims

Filing and investigation of; statute of limitations.

Under current law, an

employee who has a claim that his or her employer has not paid the employee any

wages that are owed to the employee (wage claim) may either: 1) file the wage claim

with the Department of Workforce Development (DWD), which may attempt to settle

and compromise the wage claim or commence an action in circuit court against the

employer on the employee's behalf to collect the wage claim; or 2) commence an action

in circuit court on his or her own behalf to collect the wage claim without first filing

a wage claim with DWD. An action in circuit court to collect a wage claim must be

commenced no later than two years after the wage claim is filed with DWD or, if the

wage claim is not first filed with DWD, no later than two years after the cause of

action accrues (statute of limitations) and DWD may investigate a wage claim only

if it is filed no later than two years after the wages are due.

Increased wages.

Under current law, if a wage claim action is commenced in

circuit court

before

DWD has completed its attempt to settle and compromise the

claim, the circuit court may order the employer to pay, in addition to the amount of

wages unpaid, increased wages of not more than

50

percent of the amount of wages

unpaid. If a wage claim action is commenced in circuit court

after

DWD has

completed its attempt to settle and compromise the claim, the circuit court may order

the employer to pay, in addition to the amount of wages unpaid, increased wages of

not more than

100

percent of the amount of wages unpaid.

The bill

Wage claims

Filing and investigation of; statute of limitations.

This bill permits an

employee to file a wage claim with DWD or to commence a wage claim action in circuit

court not only in his or her own behalf but also on behalf of other employees similarly

situated who consent in writing to being parties to the claim or action. The bill also

increases the statute of limitations for a wage claim action to four years after the

What it would cost

Fiscal estimates filed by state agencies, as official PDFs

Sponsors

Introduced by: Carpenter (D) , Harris (D) , L. Taylor (D) , Lehman (D) , Miller (D) , Risser (D) , Wirch (D)

10 cosponsors

Barnes (D) , Berceau (D) , C. Taylor (D) , Hebl (D) , Johnson (D) , Ohnstad (D) , Pasch (D) , Pope (D) , Shankland (D) , Young (D)

Full history

  1. Nov 11, 2013 · Senate

    Introduced by Senators Wirch, Carpenter, Harris, Lehman, Miller, Risser and L. Taylor; cosponsored by Representatives Ohnstad, Johnson, Barnes, Berceau, Hebl, Pasch, Pope, Shankland, C. Taylor and Young

  2. Nov 11, 2013 · Senate

    Read first time and referred to Committee on Workforce Development, Forestry, Mining, and Revenue

  3. Dec 3, 2013 · Senate

    Fiscal estimate received

  4. Apr 8, 2014 · Senate

    Failed to pass pursuant to Senate Joint Resolution 1