Bill Text - SB416 (2010)

Relative to the state minimum hourly wage applicable to tipped restaurant employees.


Revision: March 18, 2010, midnight

SB 416 – AS AMENDED BY THE SENATE

03/17/10 0928s

2010 SESSION

10-2731

08/05

SENATE BILL 416

AN ACT relative to the state minimum hourly wage applicable to tipped restaurant employees.

SPONSORS: Sen. Cilley, Dist 6; Sen. Lasky, Dist 13; Sen. Bragdon, Dist 11; Rep. Craig, Hills 9; Rep. McEachern, Rock 16

COMMITTEE: Commerce, Labor and Consumer Protection

ANALYSIS

This bill clarifies the applicability of the state minimum hourly wage to tipped restaurant employees.

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

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/17/10 0928s

10-2731

08/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to the state minimum hourly wage applicable to tipped restaurant employees.

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

1 Tipped Employees. Amend the introductory paragraph of RSA 279:21 to read as follows:

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

On and after September 1, 1997 $5.15

On and after September 1, 2007 $6.50

On and after September 1, 2008 $7.25

Tipped employees of a restaurant, hotel, motel, inn or cabin, who customarily and regularly receive more than $30 a month in tips directly from the customers will receive a base rate from the employer of not less than 45 percent of the applicable minimum wage. Restaurant shall include an establishment in a temporary or permanent building, kept, used, maintained, advertised and held out to the public to be a place where meals are regularly prepared or served for which a charge is made and where seating and table service is available for customers or where delivery services are available. The term does not include establishments which do not primarily prepare and serve food. Tipped employees shall also include employees who deliver meals prepared in a restaurant to the customer’s home, office, or other location. 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.