CHAPTER 79
SB 49 – FINAL VERSION
02/23/11 0472s
4Jan2012… 2810h
2012 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 requires tip pooling and tip sharing arrangements to be voluntary.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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
4Jan2012… 2810h
11-1040
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to tip pooling arrangements.
Be it Enacted by the Senate and House of Representatives in General Court convened:
79:1 New Paragraphs; Minimum Wage Law; Definitions; Tip Pooling; Tip Sharing; Coercion. Amend RSA 279:1 by inserting after paragraph XII the following new paragraphs:
XIII. “Tip pooling” means the voluntary practice by which the tip earnings of directly tipped employees within the same job category are intermingled in a common pool and then redistributed among participating employees.
XIV. “Tip sharing” means the practice by which a directly tipped employee gives a portion of his or her tips to another worker who participated in providing service to customers.
XV. “Coercion” means the threat of or a direct action which results in an adverse effect on an employee’s economic or employment status.
79:2 Tip Pools. RSA 279:26-b is repealed and reenacted to read as follows:
279:26-b Tip Pooling and Sharing.
I. Tips are wages and shall be the property of the employee receiving the tip and shall be retained by the employee, unless the employee voluntarily and without coercion from his or her employer agrees to participate in a tip pooling or tip sharing arrangement.
II. No employer is precluded from administering a valid tip pooling or tip sharing arrangement at the request of the employee, including suggesting reasonable and customary practices, and mediating disputes between employees regarding a valid tip pooling or tip sharing arrangement.
79:3 Effective Date. This act shall take effect 60 days after its passage.
Approved: May 23, 2012
Effective Date: July 22, 2012