HB 1198 - AS INTRODUCED

2001 SESSION

01-2112

06/09

HOUSE BILL 1198

AN ACT relative to the minimum hourly rate for certain employees.

SPONSORS: Rep. Mears, Coos 7

COMMITTEE: Labor, Industrial and Rehabilitative Services

ANALYSIS

This bill raises the minimum hourly rate for tipped employees from $2.38 to $2.87 or 75 percent of the minimum wage, whichever is higher.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-2112

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

AN ACT relative to the minimum hourly rate for certain employees.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Minimum Hourly Rate for Tipped Employees. 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 receive a base rate from the employer of not less than [$2.38] $3.87 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] $3.87 per hour or [45] 75 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:

2 Effective Date. This act shall take effect 60 days after its passage.