Section 946.15. Public construction contracts at less than full rate.

 

(1)  Any employer, or any agent or employee of an employer, who induces any person who seeks to be or is employed pursuant to a public contract, as defined in s. 66.0901 (1) (c) , or who seeks to be or is employed on a project that is subject to s. 16.856 or 84.062 to give up, waive, or return any part of the compensation to which that person is entitled under his or her contract of employment or under s. 16.856 or 84.062 , or who reduces the hourly basic rate of pay normally paid to an employee for work on a project that is not subject to s. 16.856 or 84.062 during a week in which the employee works both on a project that is subject to s. 16.856 or 84.062 and on a project that is not subject to s. 16.856 or 84.062 , is guilty of a Class I felony.

(2)  Any person employed pursuant to a public contract, as defined in s. 66.0901 (1) (c) , or employed on a project that is subject to s. 16.856 or 84.062 who gives up, waives, or returns to the employer or agent of the employer any part of the compensation to which the employee is entitled under his or her contract of employment or under s. 16.856 or 84.062 , or who gives up any part of the compensation to which he or she is normally entitled for work on a project that is not subject to s. 16.856 or 84.062 during a week in which the person works part-time on a project that is subject to s. 16.856 or 84.062 and part-time on a project that is not subject to s. 16.856 or 84.062 , is guilty of a Class C misdemeanor.

(3)  Any employer or labor organization, or any agent or employee of an employer or labor organization, who induces any person who seeks to be or is employed on a project that is subject to s. 16.856 or 84.062 to permit any part of the wages to which that person is entitled under s. 16.856 or 84.062 to be deducted from the person's pay is guilty of a Class I felony, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 3142 .

(4)  Any person employed on a project that is subject to s. 16.856 or 84.062 who permits any part of the wages to which that person is entitled under s. 16.856 or 84.062 to be deducted from his or her pay is guilty of a Class C misdemeanor, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 3142 .

1979 c. 269 ; 1995 a. 27 s. 9130 (4) ; 1995 a. 215 ; 1997 a. 3 ; 1999 a. 150 , 167 ; 2001 a. 30 , 109 ; 2009 a. 28 ; 2011 a. 32 ; 2015 a. 55 .

Note

Sub. (1) is shown as amended eff. 1-1-17 by 2015 Wis. Act 55 . Prior to 1-1-17 it reads: Microsoft Windows NT 6.1.7601 Service Pack 1 (1) Any employer, or any agent or employee of an employer, who induces any person who seeks to be or is employed pursuant to a public contract as defined in s. 66.0901 (1) (c) or who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) to give up, waive, or return any part of the compensation to which that person is entitled under his or her contract of employment or under the prevailing wage rate determination issued by the department, or who reduces the hourly basic rate of pay normally paid to an employee for work on a project on which a prevailing wage rate determination has not been issued under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) during a week in which the employee works both on a project on which a prevailing wage rate determination has been issued and on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class I felony. Microsoft Windows NT 6.1.7601 Service Pack 1 Sub. (2) is shown as amended eff. 1-1-17 by 2015 Wis. Act 55 . Prior to 1-1-17 it reads: Microsoft Windows NT 6.1.7601 Service Pack 1 (2) Any person employed pursuant to a public contract as defined in s. 66.0901 (1) (c) or employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) who gives up, waives, or returns to the employer or agent of the employer any part of the compensation to which the employee is entitled under his or her contract of employment or under the prevailing wage determination issued by the department, or who gives up any part of the compensation to which he or she is normally entitled for work on a project on which a prevailing wage rate determination has not been issued under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) during a week in which the person works part-time on a project on which a prevailing wage rate determination has been issued and part-time on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class C misdemeanor. Microsoft Windows NT 6.1.7601 Service Pack 1 Sub. (3) is shown as amended eff. 1-1-17 by 2015 Wis. Act 55 . Prior to 1-1-17 it reads: Microsoft Windows NT 6.1.7601 Service Pack 1 (3) Any employer or labor organization, or any agent or employee of an employer or labor organization, who induces any person who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) to permit any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from the person's pay is guilty of a Class I felony, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 3142. Microsoft Windows NT 6.1.7601 Service Pack 1 Sub. (4) is shown as amended eff. 1-1-17 by 2015 Wis. Act 55 . Prior to 1-1-17 it reads: Microsoft Windows NT 6.1.7601 Service Pack 1 (4) Any person employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) who permits any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from his or her pay is guilty of a Class C misdemeanor, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 3142. Microsoft Windows NT 6.1.7601 Service Pack 1