CHAPTER 153
SB 137 - FINAL VERSION
04/01/2021 0983s
4Jun2021... 1596h
2021 SESSION
21-1073
04/06
SENATE BILL 137
AN ACT relative to the minimum hourly rate for tipped employees.
SPONSORS: Sen. Bradley, Dist 3
COMMITTEE: Commerce
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ANALYSIS
This bill changes the hourly rate for tipped employee contingent on an increase in the federal minimum wage.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04/01/2021 0983s
4Jun2021... 1596h 21-1073
04/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to the minimum hourly rate for tipped employees.
Be it Enacted by the Senate and House of Representatives in General Court convened:
153:1 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, cigar bar as defined in RSA 178:20-a, II, 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] the minimum direct wage as set forth in the federal minimum wage law, as amended, but in no case less than $3.27 per hour. If such 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] federal statutory minimum wage. The limitations imposed hereby shall be subject to the following exceptions:
153:2 Contingency. Section 1 of this act shall take effect on the date the federal minimum wage is increased from the federal minimum wage in effect on the effective date of this act.
I. Section 1 of this act shall take effect as provided in section 2 of this act.
II. The remainder of this act shall take effect upon its passage.
Approved: July 23, 2021
Effective Date:
I. Section 1 shall take effect as provided in section 2.
II. Remainder shall take effect July 23, 2021.
| Date | Body | Type |
|---|---|---|
| March 9, 2021 | Senate | Hearing |
| April 2, 2021 | Senate | Floor Vote |
| April 1, 2021 | Senate | Floor Vote |
| May 5, 2021 | House | Hearing |
| May 27, 2021 | House | Exec Session |
| May 26, 2021 | House | Exec Session |
| House | Floor Vote | |
| March 9, 2021 | Senate | Hearing |
| April 1, 2021 | Senate | Floor Vote |
: II. Remainder Effective 07/23/2021
July 26, 2021: II. Remainder Effective 07/23/2021
July 26, 2021: I. Section 1 Effective as provided in Section 2
: I. Section 1 Effective as provided in Section 2
July 26, 2021: Signed by the Governor on 07/23/2021; Chapter 0153
July 23, 2021: Signed by the Governor on 07/23/2021; Chapter 0153
July 12, 2021: Enrolled Adopted, VV, (In recess 06/24/2021); SJ 20
June 24, 2021: Enrolled Adopted, VV, (In recess 06/24/2021); SJ 20
July 12, 2021: Enrolled (in recess of) 06/24/2021
June 24, 2021: Enrolled (in recess of) 06/24/2021
June 10, 2021: Sen. French Moved to Concur with the House Amendment, MA, VV; 06/10/2021; SJ 19
June 10, 2021: Sen. French Moved to Concur with the House Amendment, MA, VV; 06/10/2021; SJ 19
June 4, 2021: Ought to Pass with Amendment 2021-1596h: MA DV 201-171 06/03/2021 HJ 9 P. 3
June 3, 2021: Ought to Pass with Amendment 2021-1596h: MA DV 201-171 06/03/2021 HJ 9 P. 3
June 4, 2021: Amendment # 2021-1596h: AA VV 06/04/2021 HJ 9 P. 3
June 4, 2021: Amendment # 2021-1596h: AA VV 06/04/2021 HJ 9 P. 3
May 27, 2021: Minority Committee Report: Inexpedient to Legislate
: Minority Committee Report: Inexpedient to Legislate
: Majority Committee Report: Ought to Pass with Amendment # 2021-1596h (Vote 11-8; RC) HC 26 P. 27
May 27, 2021: Majority Committee Report: Ought to Pass with Amendment # 2021-1596h (Vote 11-8; RC) HC 26 P. 27
May 26, 2021: Executive Session: 05/26/2021 10:30 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/99484571505
May 27, 2021: Executive Session: 05/27/2021 10:30 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/99484571505
May 5, 2021: Public Hearing: 05/05/2021 01:00 pm Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/91070566113 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.
April 9, 2021: Introduced (in recess of) 04/09/2021 and referred to Labor, Industrial and Rehabilitative Services HJ 7 P. 100
April 13, 2021: Introduced (in recess of) 04/09/2021 and referred to Labor, Industrial and Rehabilitative Services HJ 7 P. 100
April 1, 2021: Ought to Pass with Amendment 2021-0983s, RC 14Y-10N, MA; OT3rdg; 04/01/2021; SJ 10
April 1, 2021: Ought to Pass with Amendment 2021-0983s, RC 14Y-10N, MA; OT3rdg; 04/01/2021; SJ 10
April 1, 2021: Committee Amendment # 2021-0983s, RC 14Y-10N, AA; 04/01/2021; SJ 10
April 1, 2021: Committee Amendment # 2021-0983s, RC 14Y-10N, AA; 04/01/2021; SJ 10
April 1, 2021: Committee Report: Ought to Pass with Amendment # 2021-0983s, 04/01/2021; SC 17
March 24, 2021: Committee Report: Ought to Pass with Amendment # 2021-0983s, 04/01/2021; SC 17
April 2, 2021: Committee Report: Ought to Pass with Amendment # 2021-0983s, 04/02/2021; SC 17
March 9, 2021: Remote Hearing: 03/09/2021, 08:30 am; Links to join the hearing can be found in the Senate Calendar; SC 14
March 3, 2021: Remote Hearing: 03/09/2021, 08:30 am; Links to join the hearing can be found in the Senate Calendar; SC 14
Feb. 3, 2021: Introduced 01/06/2021 and Referred to Commerce; SJ 3
Jan. 6, 2021: Introduced 01/06/2021 and Referred to Commerce; SJ 3