SB 416 - AS AMENDED BY THE HOUSE
02/19/2026 0507s
14May2026... 1830h
2026 SESSION
26-2001
06/09
SENATE BILL 416
AN ACT relative to the pooling and sharing of tips among tipped employees.
SPONSORS: Sen. McGough, Dist 11; Sen. Innis, Dist 7; Sen. Murphy, Dist 16; Sen. Pearl, Dist 17; Sen. Ricciardi, Dist 9; Rep. Labrie, Hills. 2; Rep. Seaworth, Merr. 12
COMMITTEE: Commerce
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AMENDED ANALYSIS
This bill:
I. Replaces the state restriction on tip pooling and sharing with the federal Fair Labor Standards Act rules governing tip pooling.
II. Authorizes the labor commissioner to adopt rules regarding the practice of tip pooling and sharing.
III. Requires that establishments which require or permit employee participation in tip pooling or sharing provide notice of such practice to patrons.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/19/2026 0507s
14May2026... 1830h 26-2001
06/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
AN ACT relative to the pooling and sharing of tips among tipped employees.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Short Title. This act may be cited as the "Tip Sharing Policy Act."
2 Tip Pooling. RSA 279:26-b is repealed and reenacted to read as follows:
279:26-b Tip Pooling.
I. Notwithstanding any other provision of this chapter, the pooling and sharing of tips by employees shall incorporate by reference the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. section 201 et seq., and regulations promulgated under such act, including but not limited to 29 C.F.R. sections 531.50, 531.52, 531.54, 531.55, 531.56, 531.57 as amended and as applicable.
II. Notwithstanding any provision of law to the contrary, no employer shall impose a tip pooling or sharing arrangement that includes employees who are not employed in an occupation in which employees customarily and regularly receive tips.
III. Paragraph II shall not apply to employees who engage in customer service functions and have direct interactions with customers in the chain of service in roles including, but not limited to, bartenders, bussers, hosts, and food runners.
IV. Owners, managers, and supervisors of a business shall be prohibited from participating in a tip pool or tip share arrangement, even if these individuals provide direct service or have direct interactions with customers.
V. The commissioner of the department of labor may adopt rules, pursuant to RSA 541-A, as may be relative to this section.
VI. Any restaurant or establishment that requires or permits participation in a tip pooling arrangement shall provide notice of such practice to patrons. The notice shall be provided by:
(a) Posting a sign in a conspicuous place easily accessible to and viewable by patrons; or
(b) Including a clear and conspicuous disclosure on the establishment's primary menu.
3 Definition of Tip Pooling. Amend RSA 279:1, XIII to read as follows:
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.
4 Repeal. RSA 279:1, XV, relative to the definition of coercion, is repealed.
5 Effective Date. This act shall take effect 60 days after its passage.
| Date | Amendment |
|---|---|
| Feb. 4, 2026 | 2026-0507s |
| May 6, 2026 | 2026-1830h |
| May 13, 2026 | 2026-1963h |
| Date | Body | Type |
|---|---|---|
| Feb. 3, 2026 | Senate | Hearing |
| Feb. 3, 2026 | Senate | Hearing |
| Feb. 3, 2026 | Senate | Hearing |
| Senate | Floor Vote | |
| April 14, 2026 | House | Hearing |
| April 21, 2026 | House | Exec Session |
| May 5, 2026 | House | Exec Session |
| May 5, 2026 | House | Floor Vote |
May 14, 2026: Refer for Interim Study: MA VV 05/14/2026 HJ 13
May 14, 2026: Ought to Pass with Amendment 2026-1830h and 1963h: MF DV 151-176 05/14/2026 HJ 13
May 14, 2026: FLAM # 2026-1963h (Rep. Labrie): AA VV 05/14/2026 HJ 13
May 14, 2026: Amendment # 2026-1830h: AA VV 05/14/2026 HJ 13
May 6, 2026: Minority Committee Report: Refer for Interim Study
May 6, 2026: Majority Committee Report: Ought to Pass with Amendment # 2026-1830h 05/05/2026 (Vote 10-9; RC) HC 19 P. 25
April 22, 2026: ==CONTINUED== Executive Session: 05/05/2026 11:00 am GP 159
April 22, 2026: Full Committee Work Session: 05/05/2026 10:00 am GP 159
April 15, 2026: ==RECESSED== Executive Session: 04/21/2026 02:30 pm GP 159
April 15, 2026: Full Committee Work Session: 04/21/2026 09:00 am GP 159
April 14, 2026: Full Committee Work Session: 04/14/2026 10:45 am GP 159
April 1, 2026: Public Hearing: 04/14/2026 10:30 am GP 159
Feb. 26, 2026: Introduced (in recess of) 02/19/2026 and referred to Labor, Industrial and Rehabilitative Services HJ 5 P. 124
Feb. 9, 2026: Ought to Pass with Amendment #2026-0507s, MA, VV; OT3rdg; 02/19/2026; SJ 4
Feb. 9, 2026: Committee Amendment # 2026-0507s, AA, VV; 02/19/2026; SJ 4
Feb. 4, 2026: Committee Report: Ought to Pass with Amendment # 2026-0507s, 02/19/2026; Vote 5-0; CC; SC 6
Jan. 27, 2026: Hearing: 02/03/2026, Room 100, SH, 10:00 am; SC 2
Jan. 13, 2026: ==TIME CHANGE== Hearing: 02/03/2026, Room 100, SH, 10:00 am; SC 2
Jan. 8, 2026: Hearing: 02/03/2026, Room 100, SH, 09:45 am; SC 1
Nov. 21, 2025: Introduced 01/07/2026 and Referred to Commerce; SJ 1