WISCONSIN
7)
Enforcement: what are the penalties for violations? Criminal
or fines?
A.) Any employer who induces a worker to give
up, waive or return any part of the wages that the worker is
entitled to receive by threat not to employ, threat of dismissal,
or any other means, is guilty of a class "E" felony.
A class "E" felony is punishable by a fine of up to
$10,000, imprisonment for up to 2 years, or both. Any worker
who knowingly gives up, waives or returns any wages earned,
is guilty of a class "C" misdemeanor which is punishable
by a fine of up to $500, imprisonment for up to 30 days, or
both. (Wisconsin Department of Workforce Development)
B.) Compensation in lieu of reinstatement may
be awarded if requested by any party and must be awarded if
requested by all parties. Such compensation may not be less
than 500 times or more than 1,000 times the hourly wage of the
person discriminated against when such discrimination occurred.
(Wisconsin Department of Workforce Development)
C.) All prevailing wage rate laws contain one
or more penalties, however, the department does not have the
authority to impose any penalty. All penalties must be imposed
by a court of law. The department's only responsibility is to
conduct investigations and attempt to recover any unpaid wages.
Any violation on a prevailing wage rate project can result in
a fine of up to $200 a day, imprisonment for not more than 6
months, or both. Violations can also result in a forfeiture
of $10 to $100 a day. If a worker files an action on their own
behalf in a court of competent jurisdiction and is successful
in such action, they are entitled to an amount equal to their
unpaid wages as liquidated damages, plus reasonable attorney
fees and costs. (Wisconsin Department of Workforce Development)
D.) Under certain circumstances the department
can recover up to an additional 50% of any unpaid wages found
due. Normally, this additional compensation can only be recovered
if an employer failed to complete a self-audit as instructed.
(Wisconsin Department of Workforce Development)
