HB494 (2012) Detail

Relative to tipped employees who deal card and table games at games of chance venues.


HB 494-FN – AS AMENDED BY THE HOUSE

11Jan2012… 0111h

2011 SESSION

11-0711

06/10

HOUSE BILL 494-FN

AN ACT relative to tipped employees who deal card and table games at games of chance venues.

SPONSORS: Rep. Infantine, Hills 13

COMMITTEE: Labor, Industrial and Rehabilitative Services

ANALYSIS

This bill adds employees who deal cards and table games at games of chance venues to those tipped employees who receive a certain base hourly rate from their employers.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Jan2012… 0111h

11-0711

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to tipped employees who deal card and table games at games of chance venues.

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

1 Minimum Hourly Rate; 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.

Tipped employees of a restaurant, hotel, motel, inn or cabin, or primary game operator as defined by RSA 287-D:1, V(a), 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. 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 Minimum Hourly Rate; 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.

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. 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.

I. Section 2 of this act shall take effect June 30, 2014.

II. The remainder of this act shall take effect July 1, 2012.

LBAO

11-0711

Amended 01/18/11

HB 494 FISCAL NOTE

AN ACT relative to tipped employees who deal card and table games at games of chance venues.

FISCAL IMPACT:

      The Department of Labor states this bill, as amended by the House (Amendment #2012-0111h), may increase state expenditures and revenue by an indeterminable amount in FY 2013 and each year thereafter. There is no fiscal impact on county and local revenue or expenditures.

METHODOLOGY:

    The Department of Labor states this bill as amended adds employees who are primary game operators at game of chance venues to those tipped employees who receive a certain base hourly rate from their employers. The Department states it is unknown if this bill will increase the investigating activities of the Department. If the bill results in an increase in investigating activities, the Department indicates costs may increase by a minimal but indeterminable amount. The Department states any cost increase would be absorbed by the Department. If the Department assessed a fine as a result of investigating a complaint related to this bill, there may be an indeterminable increase in state revenue.