Revision: May 26, 2021, 4:04 p.m.
Rep. Seaworth, Merr. 20
May 19, 2021
2021-1596h
04/11
Amendment to SB 137
Amend the bill by replacing section 1 with the following:
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: