SB 49 – AS AMENDED BY THE SENATE
02/23/11 0472s
2011 SESSION
06/04
SENATE BILL 49
AN ACT relative to tip pooling arrangements.
SPONSORS: Sen. Stiles, Dist 24; Rep. Pantelakos, Rock 16; Rep. K. Sullivan, Rock 15
This bill permits only those tips that are in excess of tips used for the tip credit to be pooled.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/23/11 0472s
11-1040
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to tip pooling arrangements.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 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 RSA 279:26-b is repealed and reenacted to read as follows: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. The requirement that an employee shall retain all tips does not preclude a valid tip pooling or sharing arrangement among employees who customarily and regularly receive tips, such as waiters, waitresses, bellhops, counter personnel (who serve customers), busboys/girls and service bartenders. No employer shall require tipped employees to share their tips with employees who have not customarily and regularly participated in tip pooling arrangements, such as dishwashers, cooks, chefs, and janitors. Only those tips that are in excess of tips that are counted as wages for the tip credit toward minimum wage may be taken for a pool. Tipped employees cannot be required to contribute a greater percentage of their tips than is customary and reasonable.
2 Effective Date. This act shall take effect 60 days after its passage.