HB 1243 - AS INTRODUCED
2000 SESSION
HOUSE BILL 1243
AN ACT relative to permitting the practice of tip pooling by an employer.
SPONSORS: Rep. Emerton, Hills 7
COMMITTEE: Labor, Industrial and Rehabilitative Services
This bill changes the definition of wages to permit the practice of tip pooling.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
00-2491
10/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT relative to permitting the practice of tip pooling by an employer.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Definition of Wages; Tip Pooling. Amend RSA 275:42, III to read as follows:
III. The term "wages" means compensation, including hourly health and welfare, and pension fund contributions required pursuant to a health and welfare trust agreement, pension fund trust agreement, collective bargaining agreement, or other agreement adopted for the benefit of an employee and agreed to by his employer, for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission, or other basis of calculation. The term "wages" shall include the amount of tips actually received by an employee either directly from customers or, for an employer requiring participation in a tip pool, when distributed to employees from the tip pool.
2 Minimum Wage; Tips. Amend the introductory paragraph of RSA 279:21 to read as follows:
279:21 Minimum Hourly Rate. Unless otherwise provided by statute, no person, firm, or corporation shall employ any employee at an hourly rate lower than that set forth in the federal minimum wage law, as amended, or as follows, whichever is higher:
Date Hourly Rate
April 1, 1991 to September 30, 1996 $4.25
October 1, 1996 to August 31, 1997 $4.75
On and after September 1, 1997 $5.15
Tipped employees of a restaurant, hotel, motel, inn or cabin, who customarily and regularly receive more than $20 a month in tips [directly from the customers will] shall receive a base rate from the employer of not less than $2.38 per hour. With any change to the minimum wage after the effective date of this section, the employer is responsible to pay employees $2.38 per hour or 45 percent of the applicable minimum wage whichever is higher. If an employee shows to the satisfaction of the commissioner that the actual amount of wages received at the end of each pay period did not equal the minimum wage for all hours worked, the employer shall pay the employee the difference to guarantee the applicable minimum wage. The limitations imposed hereby shall be subject to the following exceptions:
3 Effective Date. This act shall take effect 60 days after its passage.