SB137 (2021) Compare Changes


Unchanged Version

Text to be removed highlighted in red.

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, 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:

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.

153:3 Effective Date.

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.

Changed Version

Text to be added highlighted in green.

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 inRSA 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 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 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.

153:3 Effective Date.

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.