The playground at Learning Ladder Preschool and Childcare center, which closed in August 2024 after over 30 years in business. (Photo by Baylor Spears/Wisconsin Examiner)

The budget process hit another roadblock as Assembly and Senate Republicans appeared to split over budget negotiations with Gov. Tony Evers — leading to the cancellation of the budget committee’s meeting Thursday and disappointment from child care advocates who had traveled to the Capitol that day.

The June 30 deadline for the 2025-27 state budget is quickly approaching and lawmakers still have major portions of the bill to put together. The GOP-led Joint Finance Committee was scheduled to continue its work by voting on sections related to child care, the Wisconsin Elections Commission, the Department of Justice as well as the capital budget. As the start time of 1 p.m. approached, a cancellation notice was released. 

Legislative leaders then put out statements saying negotiations with Evers had resumed this week, but were going south again. Negotiations had previously broken down with Evers saying he had agreed to GOP tax cuts but Republicans wouldn’t make concessions on spending for education, child care and other parts of the budget. Republicans said Evers wanted to spend too much. 

Senate Majority Leader Devin LeMahieu (R-Oostburg) said in a statement about the cancellation Thursday that negotiations between legislative leaders and Evers had been “good faith” with each party seeking “to do what’s best for the state of Wisconsin” since they restarted this week.

“However, these discussions are heading in a direction that taxpayers cannot afford,” LeMahieu said. “Senate Republicans are ready to work with the State Assembly to pass a balanced budget that cuts taxes and responsibly invests in core priorities.” 

Assembly Speaker Robin Vos (R-Rochester) and Rep. Mark Born (R-Beaver Dam) also put out a statement describing conversations over the last couple of weeks as being in good faith, saying work on a budget that “cuts taxes, puts more money into K-12 schools to stave off higher property taxes, and funds childcare and the university system in exchange for meaningful reforms” has been productive. But said Senate Republicans were the party that left the negotiations. 

“We have chosen to work together so our tax reductions actually become law, schools continue to be funded, Medicaid patients continue to receive care, and road construction projects do not stop,” the Assembly lawmakers said. “This is the most conservative and the most responsible option… We hope Senate Republicans will come back to the table to finish fighting for these reforms and complete the budget on time.”

Evers’ spokesperson Britt Cudaback wrote in a post on social media about the meeting cancellation that “ultimately, the Senate needs to decide whether they were elected to govern and get things done or not.” 

Republicans have a narrow 18-15 majority in the Senate, meaning the caucus can only lose one vote if they want to pass a budget without Democratic support. Two Republicans — Sens. Steve Nass (R-Whitewater) and Chris Kapenga (R-Delafield) — have publicly expressed their concerns about the budget as it stands. Kapenga has said he would prefer for the state to not pass one at this point.

Nass said in a statement that Senate Republicans have been advocating for “tough but fair spending decisions” and the outline of the deal from the negotiations includes “too much spending, special interest pork and the creation of a structural deficit.” He said some legislators want to cut a “bad deal” for taxpayers.

Nass said there is “nothing preventing the Republican majority in the Legislature from passing a conservative state budget except for the lack of willingness at the highest levels in the Assembly.”

Democrats said that the breakdown in communication is the result of “extremists” in the Republican caucuses controlling how they have approached the budget talks. 

“Weeks ago, legislative Republicans walked away from negotiating with the governor in order to attempt to pass this budget through by again giving in to the desires of the most extreme members of their legislative caucuses, and instead they find themselves here again — unable or struggling to pass a budget and needing to talk with the governor about ways that they can finally do what Wisconsinites have been asking them to do all along,” Rep. Tip McGuire (D-Kenosha) said. 

When it comes to the potential for Democrats to vote for the budget, Sen. Kelda Roys (D-Madison) said Republicans need to talk to them. 

“Ultimately, what we really need is for Republicans to pick up the phone for the Senate Majority Leader [LeMahieu] to decide that he is not willing to risk his majority and his more vulnerable members to kowtow to the most extreme voices… so it’s really just his willingness to pick up the phone and accept the reality of the caucus that he’s built,” Roys said. 

If a new budget isn’t passed by the deadline, Wisconsin continues to operate under the current budget. 

Child care advocates frustrated 

Child care advocates had traveled to the state Capitol Thursday in anticipation of the meeting, including Brynne Schieffer and Erin LaBlanc of the Faith Lutheran Child Care Center located in Cameron, Wisconsin. They traveled three-and-a-half hours to Madison and said they jumped through “a lot of hoops” to make it there, including asking some of their families to keep their children home so the ratio of children to staff remained adequate. 

Schieffer said they wanted to be able to advocate for the inclusion of child care investments in the budget. They support Evers’ $480 million request to continue funding the Child Care Counts program, which used federal dollars from pandemic relief to support staff wages without increasing tuition costs to parents.

“The meeting not happening — it’s definitely disappointing,” Schieffer said. “Our elected representatives [are] not doing their job. Can’t they get along? We can come in and mediate. That’s what we do.”

Schieffer said the families were supportive because they understand the stakes.

“We came down not only for us, but for them, for the child care industry,” Schieffer said. 

One in four Wisconsin child care providers could close their doors if the state support for centers ends in June, according to a survey of child care providers commissioned by the state Department of Children and Families (DCF) and produced by the Institute for Research on Poverty at the University of Wisconsin-Madison.

Schieffer said that the center would need to raise its costs by $28 per child per week to make up for a lack of Child Care Counts funding. She said that if there is funding they plan to put that in the contracts that families have.

“We need direct funding. We need to be considered on the same level as our public schools,” Schieffer said. “The direct funding comes in and goes directly towards the operation of the center, operational budget including staff wages.”

Corrine Hendrickson, owner of Corrine’s Little Explorers and co-founder of Wisconsin Early Childhood Action Needed (WECAN) said she wanted to be available if lawmakers had any questions ahead of the meeting and because she thinks it’s important that they look at the people who are affected when they take action on the budget. She closed her center for the day to be at the Capitol and isn’t sure she’ll be able to do so again when the committee eventually takes up child care. 

“It’s incomprehensible to me that they, as elected officials, can just walk away and not do their job when all kinds of… people were here to witness this, and they just can decide 30 minutes before that they don’t actually have to do their jobs,” Hendrickson said. “It’s also frustrating because these conversations should have taken place already and should be a basic agreement before they decide to schedule the hearing.”

Child care providers said Republicans’ plans so far for child care aren’t sufficient for addressing the crisis. 

Assembly Republicans announced their plans on Wednesday for child care including allowing 16-and 17-year-olds to staff child care facilities as assistants and to count towards staff to child ratios, increasing the number of children that a family provider can have from 8 to 12 and creating a zero-interest loan for child care providers and a 15% tax credit for the business expenses at a child care facility. Vos had said they didn’t agree with the approach of providing money directly to centers.

Hendrickson said they are the same ideas that Republicans introduced last session.

“We came out vehemently against [those] and told them exactly why this wasn’t going to work,” Hendrickson said, adding that since then they have spoken with the lawmakers championing those proposals including Reps. Karen Hurd (R-Withee) and Joy Goeben (R-Hobart)

“It didn’t feel like they were listening. It felt like they were trying to convince us that they were correct,” Hendrickson said. 

“A grant is something that you don’t have to pay back, and so you can use it to get yourself started. Because our profit is so low, there’s no way that we can take on that loan when our home is our collateral. If I take on a loan and my home is collateral and I can’t pay it back then, that means I lose my house.”

Schieffer said there are problems with the changes Republicans want to make to ratios. She said increasing the number of children per staff member could impact the quality of care and that minors don’t have the work and education experience that other staff members have.

“I work in a center where every teacher holds a degree in early childhood,” Schieffer said. “To be able to put 16-year-olds and say they can do that job without the education piece, the experience piece, life experience, I feel like that it devalues what we do.” 

Democrats highlighted the strain on child care facilities — and potential closures — that could result from the end of funding for Child Care Counts and argued that the state should have some type of grant program for them at a press conference Thursday morning. 

Democratic members of the Joint Finance Committee and Sen. Melissa Ratcliff (D-Cottage Grove) met at the Learning Ladder Preschool and Childcare center in Cottage Grove. The facility closed in August 2024 after over 30 years in business. 

“There are no tricycles in the playground. There’s no uncontrollable laughter among children, and the sweet sound of toddler feet running across the classroom is not here,” Ratcliff said while standing in a room full of bins of children’s books left over after donations and sales. 

The owners wrote in a letter about the closure in August that the solution would have been “Child Care Counts” funding, fair access to 4k funding and care and consistent regulations across child care providers. 

“Unfortunately, our foundation has been slowly chipped away and we can no longer afford to remain open. After COVID, governmental grants and assistance programs helped prop us up for a while, but those programs have, or are about to end,” the Kudrna family wrote on Facebook at the time.

Democrats slammed Republicans for their rejections of funding for Child Care Counts.

“It is totally unacceptable that my Republican colleagues on the Joint Finance committee have, again and again, said to child care providers ‘your work doesn’t matter, it isn’t worth it,’” Roys said. “That’s what Republicans did when they stripped out the Child Care Counts funding that was keeping so many child care centers afloat and is helping bridge the gap between what parents can afford to pay and what providers need to keep the doors open in this time of high inflation and rising costs.”

Roys said lawmakers should be working on solutions that keep child care centers stable, not coming up with new proposals. Democrats on the committee said they had intended to introduce a proposal to provide grants to centers. 

“New theoretical ideas that Republicans want to propose are essentially wish-casting,” she said.  “We need to keep the centers that we have and the slots that we have open. We need to get more classrooms open, more early childhood educators to come back into the field.” 

“To try to start something from scratch is going to take way longer, it’s going to cost way more when we could just keep what we have stable,” Roys added.

Evers had also urged investment in child care on Thursday. In coordination with the Department of Children and Families, he released a survey that found that 90% of Wisconsin residents, including those without kids, said that finding affordable, high-quality child care in the state is a problem. Over 75% of respondents said they support an increase in state funding to help.

“This is an issue that impacts everyone in Wisconsin. It’s pretty simple, and as leaders, we have an obligation to the nearly 80% of Wisconsinites who want us to do something about it and expect their elected officials to show up, act in good faith and work together across the aisle to solve problems,” Evers said. “I’m urging Republican lawmakers to join me in supporting real, meaningful investments to bolster providers, cut waitlists and lower costs for working families.”

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A bill that passed both the Assembly and the Senate Wednesday would automatically classify ride-share and certain delivery drivers as independent contractors. (Photo by Michael M. Santiago/Getty Images)

Legislation that would declare that drivers for app-based ride-share and delivery businesses are independent contractors will go to Gov. Tony Evers after clearing both houses of the Legislature Wednesday.

The legislation also authorizes the affected companies to offer drivers benefit plans without classifying them as employees.

After two previous attempts to pass the bill, in the Legislature’s 2021-22 and 2023-24 sessions, the Senate and Assembly votes Wednesday — mostly along party lines — marked the first time the measure will get to the governor’s desk.

The bill — AB 269 — applies to drivers for delivery and transportation businesses such as Uber, Lyft and DoorDash who are hired by customers using online apps or similar technology.

It defines those drivers as independent contractors who are not subject to laws guaranteeing minimum wage, unemployment compensation and workers compensation.

Update: The bill passed the Assembly on a vote of 56-36, but as of Friday, the Assembly’s official journal of the session reported that three of four Assembly Democrats who were recorded as voting “yes” for the bill asked that their votes be registered as “no,” and their requests were granted, resulting in a new tally of 53-39. One Democrat supported the bill. 

WisPolitics.com reported the changed votes on Friday. WisPolitics.com also reported that according to the office of Assembly Majority Leader Tyler August, Assembly chief clerk’s office and the Legislative Technical Services Bureau “conducted a thorough testing” of the Assembly’s electronic voting system and found no problems.

In the Senate, the bill passed 16-15, with no Democratic support and one Republican, Sen. Steve Nass (R-Whitewater) voting in opposition.

As of Wednesday the Wisconsin Ethics Commission had no public reports on money spent lobbying for or against the legislation. But since early this year DoorDash has been running digital ads on WisPolitics.com and elsewhere promoting the legislation’s “portable benefits” provision.

DoorDash issued a statement Wednesday lauding the bill’s passage. “Dashers and customers in Wisconsin have sent hundreds of letters to the governor, urging him to sign the bill into law,” the company stated.

If Evers signs the measure, Wisconsin would be the first state in the country to enact such legislation. DoorDash has pilot benefit programs without legislation in Pennsylvania, Maryland and Georgia, the company said.

While the bill authorizes the companies to offer the benefit plans, it does not require them to do so. It sets the standards of coverage for such plans if they are offered. It also allows the businesses to establish deferred compensation retirement plans for their drivers.

“This bill will provide meaningful, affordable benefit opportunities for these independent contractors,” said Rep. Alex Dallman (R-Green Lake) at an Assembly press conference before Wednesday’s floor session. “They’ll be able to solidify that they get to choose when and where they want to work, the freedom that they have to be able to earn benefits through the work that they provide for these different companies, and be able to really set themselves up for a future of success by having things such as health insurance.”

A new independent contractor standard

The legislation lists four practices that would exclude a ride-share or delivery company from the independent contractor protections: If it requires drivers to be logged into the service on certain dates, certain times or for a minimum number of hours; if it terminates a driver’s contract for not accepting a specific service request; if it bars drivers from working with other such businesses; and if it bars drivers from working in any other occupation or business.

A company would have to flunk all four of those provisions to be disqualified.

In both the Senate and the Assembly, critics said the bill would serve the contracting companies, not their drivers.

“We don’t need to create a new category of workers with fewer protections, which is what this bill does,” said Sen. Melissa Ratcliff (D-Cottage Grove) on the Senate floor. “The sad realization is that all of the so-called benefits talked about in this bill may never come to fruition for any gig driver. And yet the bill makes mandatory the loss of employee status for every single app-based driver.”

Sen. Julian Bradley (R-New Berlin), said drivers testified in favor of the legislation that “they don’t want to be employees.” Bradley is the lead author of the Senate companion legislation. 

“If you watch any of the hearings, they’ll tell you, ‘We love the flexibility of being an independent contractor.’ They chose to be independent contractors because of the flexibility.”

Under state law and regulations, the state Department of Workforce Development (DWD) uses a nine-part test to determine if workers are employees rather than independent contractors, said Rep. Christine Sinicki (D-Milwaukee) during the Assembly debate.

“The big problem with this bill, though, is that it actually allows the executives of these companies to dictate their own test to fit their own needs,” Sinicki said.

‘Difficult way to pay the bills’

“Driving for ride-sharing services like Lyft or Uber is a grueling, difficult way to pay the bills,” said Rep. Ryan Clancy (D-Milwaukee), who said he’s a ride-share driver.

He said the industry’s claims that a driver collects $25 or $30 an hour are based on the travel time alone.

“So in an hour, if I take two people on rides which cost them $7 each and I get about $3.50 from each of those, Lyft might report that I got $30 an hour because they don’t count all the minutes between the rides. But I actually gross $7 that hour,” Clancy said.

The bill allows a company to contribute up to 4% of a driver’s earnings to the proposed benefits account. He said Uber drivers have an average weekly revenue of $513, so 4% “would come out to just $267 a quarter” — too little to cover a health insurance premium.  

The bill aims to keep drivers from being classified as employees because “it’s far easier to exploit an independent contractor than it is an employee,” he said.

Clancy said drivers across the U.S. have been “trying to get recognized as the employees they are, and to try to get access to basic benefits and workplace protections and access to unemployment insurance, just like the vast majority of employees in Wisconsin.”

Rep. Sylvia Ortiz-Velez (D-Milwaukee), a co-sponsor of the bill was the only Assembly Democrat to support, although three other Democrats were initially recorded as voting “yes” before being granted a request to change their vote to “no.”

“I heard countless testimonies from drivers who wanted the flexibility of being independent contractors,” Ortiz-Velez said, adding that she has received “a ton of emails, a ton of support” for the bill this year as well as in the last two-year session.

“This bill offers portable benefits that right now don’t exist,” Ortiz-Velez said. “It won’t exist if we don’t pass this bill.”

Dallman, the bill’s lead Assembly author, said on the Assembly floor that critics of the bill can simply choose not to work for the companies it covers.

“This is for the independent contractor and the freedom that they have to get ahead in life by working a couple extra jobs, a couple extra trips on a weekend to make a little bit of extra cash,” Dallman said. “While at the same time, voluntarily partnering with one of these companies . . .  to pay for their benefits, to pay for their retirement. Again, the opportunity for workers to make choices on their own to get ahead in life.”

This report was updated Friday, 6/20/2025, to update the Assembly vote on SB 269 after the Assembly journal reported on a request by three Democrats to change how their vote had been recorded.

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Sen. Julian Bradley (R-New Berlin) said SB 231 offers tax credits to encourage more films to be made in Wisconsin. (Screenshot via WisEye)

Wisconsin Republicans advocated on Tuesday for a bill to encourage filmmaking in Wisconsin through tax credits and a state film office. Another bill would declare that “gig workers” for app-based delivery services aren’t employees of a company.

During a Tuesday Senate Utilities and Tourism committee meeting, Sen. Julian Bradley (R-New Berlin) said SB 231 offers tax credits to encourage more films to be made in Wisconsin. Bradley described  a recent movie called “Green and Gold,” about a fourth-generation dairy farmer in Wisconsin who is on the verge of losing his farm and makes a bet on the Green Bay Packers to help save it. 

Bradley said the director of the film, Anders Lindwall, chose to make it in Wisconsin, but that decision meant a financial sacrifice as the director turned down a major studio offer to purchase his film. The studio wanted him to relocate production to Alabama — a state with film tax incentives.

“He turned down the offer to keep his project authentically Wisconsin,” Bradley said. 

Wisconsin had a film incentive for a brief time in 2010 under former Democratic Gov. Jim Doyle, though the Republican-led Legislature discontinued that program just a few years later. Now, Wisconsin is  one of only four states in the country without a film office and one of 13 without any film tax incentives. 

The bill would create new tax credits including one for 30% of the total cost of the salaries paid to employees who reside in Wisconsin and work in Wisconsin, one for 30% of acquiring or improving property and one for 30% production costs paid by a company to produce a film, video, broadcast advertisement or television production. A person’s total credits would be capped at $1 million for a fiscal year. The bill would also create a new State Film Office housed in the Department of Tourism that would implement the tax credits.

Rep. David Armstrong (R-Rice Lake) said having the rate at 30% would put Wisconsin in the top tier of states offering film incentives.

“How many of you like me flinch when you see the Georgia peach logo in the credits after a movie or TV show?” Armstrong asked at the hearing. “Do we want Illinois or Minnesota or Georgia to poach productions that could just as easily be shot in Wisconsin?”

Bradley said the bill “aims to make Wisconsin competitive by attracting filmmakers and productions through meaningful incentives, which in turn support local businesses, job creation, and increased tourism. Simply put, it would encourage filmmakers like Mr. Lindwall to choose Wisconsin, bringing their stories and economic activity to our state.” 

The bill has broad bipartisan support with cosponsors including Sens. Patrick Testin (R-Stevens Point), Chris Larson (D-Milwaukee), Romaine Quinn (R-Birchwood) and Brad Pfaff (D-Onalaska).

Sen. Melissa Ratcliff (D-Cottage Grove) expressed some concerns about whether the funding for the proposal would be included in the budget since it is not in the bill. Wisconsin lawmakers are in the progress of writing the next biennial budget and while Gov. Tony Evers included a similar proposal in his budget, it was pulled out along with more than 600 other items by Republican lawmakers on the committee.

“I have a motion to bring that back in,” Bradley told Ratcliff. 

“But if we pass this bill, it does not include the funding?” Ratcliff asked. 

“This bill does not have the funding. The funding would come through the budget… We’re going to fight real hard to try to get that funded,” Bradley said. 

According to fiscal estimates, the cost to state revenues would be at max $10 million. The new office would require three new positions in the tourism agency and would cost about $199,300 in 2026 and $254,000 in 2027. 

Film stakeholders testified in favor of the bill during the hearing. 

Paulina Lule, a Milwaukee native and an actress who recently starred in the MGM+ series Emperor of Ocean Park and has been in other shows including The Good Place and Scandal, told lawmakers that the bill would help people who want to showcase Wisconsin as it is in real life.

Lule said she has a film she has been working on called Sherman Park, which is about the neighborhood in Milwaukee. 

“I have had producers who have been interested in making this film as long as I make it not in Sherman [Park],” Lule said. “I don’t want to, and so this film has sat unfilmed for 10 years.” 

Lule said she recently began shooting a short film version in the Milwaukee park and was proud to be able to include a shot of the neighborhood’s name on a sign. She said that making films in Wisconsin would be a powerful way to promote the state and encourage people to visit. 

“Show off Racine. We can show off the real Green Bay, not just the Packers. There’s more to Green Bay than just the Packers as much as I love them,” Lule said. “You’re missing out on one of the broadest… ways of promoting the state is by having stories that are authentically about Wisconsin, made in Wisconsin… with actors in it that sound like they’re from Wisconsin.”

Michelle Maher, a River Falls movie theater owner, said that having movies filmed in the state would also provide an opportunity for local theaters. She noted that the movie Sinners, a vampire movie set in the Jim Crow South directed by Ryan Coogler and starring Michael B. Jordan, was filmed on-site in Clarksville, Mississippi.

“It was a town similar to the size of the town that I live in, River Falls,” Maher said. “Unfortunately, that town doesn’t have the movie theater that I have in my town… [Coogler and Jordan] got together and said, we are going to make sure this movie shows in this town, so they brought in a crew to be able to show that movie locally to the town that it was filmed at. What if there was a movie filmed in River Falls? Not only would I have a huge premiere for a regional area, I would have an annual event built in that would generate huge tourism opportunities and other ways to invent and reinvent that same wheel.”

Classifying ‘gig workers’ as non-employees

Lawmakers also considered SB 256, which would declare delivery drivers for app-based companies, including Uber and Doordash, are not employees of the company for the purposes of compensation insurance, minimum wage laws and unemployment insurance. The bill would allow “portable benefits” for those workers.

Bradley, the coauthor of the proposal, said the legislation is needed so that companies can provide benefits to workers without changing their “independent contractor” status. Under this type of benefit system, accounts are linked to a worker rather than the employer, meaning the benefits follow workers to other employment opportunities, and companies and workers would both be able to contribute.

“The gig economy is here to stay, and with it, the flexibility that many workers value and desire,” Bradley said. “Unfortunately, current laws prevent drivers from accessing crucial benefits. These include health care, paid leave and retirement savings. That’s the problem SB 256 aims to address. This legislation creates portable benefit accounts funded through contributions from the platforms based on drivers’ earnings. These accounts can be used by drivers to pay for a range of expenses, including health care, retirement, or coverage of loss of wages due to illness or an accident.” 

Lawmakers have considered the proposal before, including last session. The bill passed the Senate but never came up for a vote in the Assembly. 

The bill specifies that if an app-based delivery company doesn’t prescribe dates, times of day or a minimum number of hours during which someone must work; terminate the contract of the driver for not accepting a specific request for transportation or delivery service request; allow drivers to work for other companies; or restrict the driver from working in any other lawful occupation or business, then a driver is not considered an employee or agent of the company. 

“Previous versions of this legislation have garnered bipartisan support, and that support is only growing,” Bradley said. “It’s time we modernize our policies to meet the realities faced by thousands of Wisconsin workers.”

Sen. Jeff Smith (D-Brunswick) said he found it “embarrassing, disappointing” that the committee was considering the proposal. He said there is an “independent contractor travesty in this country.” 

“As an independent contractor, these workers know what they’re signing up for,” Rep. Alex Dallman (R-Markesan) said. “They understand that they’re on an independent contractor basis. They understand that they want to remain independent contractors.” 

Katie Franger, public affairs manager for Uber, told lawmakers that flexibility is the “fundamental reason” people choose the company’s platform for work. She said that the legislation would fit with this by allowing workers to have flexibility in benefits as well.

“Portable benefits allow each individual to choose what truly matters to them, ensuring resources are directed where they’re most needed,” Franger said. 

When Smith asked about why they couldn’t provide the benefits already, Addison DiSesa, legislative policy advisor for DoorDash, said “providing the benefits proactively jeopardizes the independence of these workers” and that the bill “empowers workers to get access to the benefits that they want while protecting their independence.” 

Maliki Krieski, a Ripon mother and Doordash worker, told lawmakers that she supports the bill because she wants to keep the flexibility that is part of the work currently. She said it allows her to take care of her child, who has diabetes.

“Our state system is outdated…,” Krieski said. “The one thing that stands between us and any form of health care incentive, retirement plan… The only thing that stands between us and that is the state law.”

Stephanie Bloomingdale, president for the Wisconsin AFL-CIO, cautioned that the bill seeks to create an exemption to current law and could be harmful to workers, who depending on the situation might qualify for certain benefits. She also pointed out that it doesn’t require companies to provide access to any benefits. 

“It exempts app-based delivery drivers from settled Wisconsin law concerning our workers compensation, minimum wage and unemployment insurance laws,” Bloomingdale said. 

Bloomingdale noted that to be considered an “independent contractor,” when it comes to worker’s compensation, workers have to meet a nine-part test, otherwise a worker is automatically considered an employee. The bill would replace this with the four-part test, which she said would be quite “minimal.” She noted that depending on the situation some workers could potentially qualify for worker’s compensation. 

A legislative council representative explained that “the default is that you’re an employee, and then there’s a nine factored test and that leads to a determination that you might be an independent contractor.” The bill, he said, would implement a “route that’s more streamlined for these app-based drivers.” 

“We oppose the bill because it does not guarantee any more or less flexibility for workers. It does not guarantee good wages and it does not guarantee benefits for workers in the gig economy. It does none of these things because the bill eliminates employee status for these workers and all the rights that come with that status,” Bloomingdale said. “The bill does not guarantee or require that these tech giants provide any benefits, portable or fixed.”

Bloomingdale said the bill would instead just “create special exemption for these powerful corporations at the expense of Wisconsin’s working men and women” and called the bill a “slippery slope.” 

“If this bill passes, we will be back here as those who do the bidding on international corporations come to this legislative body to similarly carve out a certain class of workers to evade state law and reclassify each group of workers one by one,” Bloomingdale said. “If these companies succeed in passing this bill, their low-pay, no-protection business model could expand in virtually every industry.”

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