Rep. Deshaies, Carr. 6

March 3, 2021

2021-0618h

04/06

Floor Amendment to HB 107

Amend the bill by replacing all after the enacting clause with the following:

1 Minimum Hourly Rate. Amend the introductory paragraph of RSA 279:21 to read as follows:

279:21 Minimum Hourly Rate. 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 ballroom 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 Effective Date. This act shall take effect 60 days after its passage.

2021-0618h

AMENDED ANALYSIS

This bill increases the state minimum hourly rate, requires a consumer price index adjustment to the minimum hourly rate, and amends the minimum hourly rate for tipped employees.

Rep. Deshaies, Carr. 6

March 3, 2021

2021-0618h

04/06

Floor Amendment to HB 107

Amend the bill by replacing all after the enacting clause with the following:

1 Minimum Hourly Rate. Amend the introductory paragraph of RSA 279:21 to read as follows:

279:21 Minimum Hourly Rate. 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 the following, whichever is higher:

From January 1, 2022 to December 31, 2022, $7.65 per hour.

From January 1, 2023 to December 31, 2023, $8.05 per hour.

From January 1, 2024 to December 31, 2024, $8.45 per hour.

From January 1, 2025 to December 31, 2025, $8.85 per hour.

From January 1, 2026 to December 31, 2026, $9.25 per hour .

Beginning September 1, 2026, and each September 1 thereafter, the commissioner shall adjust the minimum hourly rate then in effect based upon the increase in the cost of living. The increase in the cost of living shall be calculated using the 12-month percentage increase, if any, in the Consumer Price Index for all Urban Consumers, U.S. city average, all items or its successor index as published by the Bureau of Labor Statistics of the United States Department of Labor, for the most recent 12-month period for which data is available at the time that the calculation is made. The commissioner shall round the adjusted minimum hourly rate to the nearest multiple of 5 cents and announce it by October 1 of each year and it shall become effective on January 1 of the following year.

Tipped employees of a restaurant, hotel, motel, inn or cabin, or ballroom 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 hourly rate . From January 1, 2023 to December 31, 2024, the base rate for tipped employees shall be 42.5 percent of the applicable minimum hourly rate; and on January 1, 2025 and thereafter, the base rate for tipped employees shall be 40 percent of the applicable minimum hourly rate. 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.

2021-0618h

AMENDED ANALYSIS

This bill increases the state minimum hourly rate, requires a consumer price index adjustment to the minimum hourly rate, and amends the minimum hourly rate for tipped employees.