Contact: von Briesen & Roper, s.c. (Wisconsin, USA)
Milwaukee County currently is considering its own contractor minimum wage ordinance. The Milwaukee County ordinance would raise the minimum wage for Milwaukee County contractors and subcontractors to $11.33 per hour. This wage is calculated based on 110% of the poverty index for a family of four. The increased minimum wage requirement applies to contractors and subcontractors who have service contracts, leases, or concession agreements with Milwaukee County. The increased wage rates only apply to those hours spent working on County contracts.
The Milwaukee County ordinance requires that tipped and commission employees receive combined compensation that equals the contractor minimum wage. The Milwaukee County ordinance excludes numerous classes of employees, including but not limited to:
- employees under the age of 18;
- interns;
- seasonal employees;
- companies with no more than 20 employees; and
- employees of contractors providing various forms of residential care services, such as community-based residential facilities, adult family homes, residential community apartment complexes, and supportive or independent living.
The Milwaukee County ordinance also contains a whistleblower provision, protecting employees from retaliation or discrimination if the employee files a complaint, assists another employee in filing a complaint, or informs another employee of his/her rights under the ordinance. The Milwaukee County ordinance was approved by the Milwaukee County Board of Supervisors by a 12-6 vote. The ordinance currently is awaiting County Executive Abele's veto or approval. If County Executive Abele vetoes the ordinance, it is possible for the Board to override the veto if it retains a 12-6 majority.
Shortly after the Milwaukee County ordinance was approved by the Board, an Assembly Bill was introduced that would nullify any local "living wage" ordinances, including the Milwaukee County ordinance. We will continue to monitor the progress of both the Milwaukee County ordinance and the pending Assembly bill in order to update our client and business partners on any changes.
von Briesen & Roper Legal Update is a periodic publication of von Briesen & Roper, s.c. It is intended for general information purposes for the community and highlights recent changes and developments in the legal area. This publication does not constitute legal advice, and the reader should consult legal counsel to determine how this information applies to any specific situation.
