SB 177 - AS INTRODUCED

2015 SESSION

15-0902

06/01

SENATE BILL 177

AN ACT relative to tip pooling.

SPONSORS: Sen. Stiles, Dist 24; Sen. Watters, Dist 4; Rep. Martel, Hills 44; Rep. Pantelakos, Rock 25; Rep. Infantine, Hills 13; Rep. Chandler, Carr 1

COMMITTEE: Commerce

ANALYSIS

This bill permits tip pooling if it is approved by a vote of the tipped employees.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15-0902

06/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fifteen

AN ACT relative to tip pooling.

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

1 Minimum Wage Law; Tip Pooling. RSA 279:26-b is repealed and reenacted to read as follows:

279:26-b Tip Pooling. Tips are wages and shall be the property of the employee receiving the tip and shall be retained by the employee. Tipped employees may pool their tips subject to the following:

I. Only tipped employees may participate in tip pooling.

II. An employer may require a vote of tipped employees to allow tip pooling. An approval vote of 50 percent plus one shall be required to allow tip pooling.

III. At the request of at least 50 percent of the tipped employees, a vote on whether to pool tips shall be held. An approval vote of 50 percent plus one shall be required to allow tip pooling.

IV. The employees shall provide the employer with documentation of the vote. No time spent in meetings called by employees exclusively for tip issues is work time.

V. Employers shall maintain a written record of each vote on tip pooling, including the names of employees voting and the vote totals.

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