Bill Text: NH HB494 | 2011 | Regular Session | Introduced


Bill Title: Relative to tipped employees who deal card and table games at games of chance venues.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-10-21 - House Minority Committee Report: Inexpedient to Legislate [HB494 Detail]

Download: New_Hampshire-2011-HB494-Introduced.html

HB 494-FN – AS INTRODUCED

2011 SESSION

11-0711

06/10

HOUSE BILL 494-FN

AN ACT relative to tipped employees who deal card and table games at games of chance venues.

SPONSORS: Rep. Infantine, Hills 13

COMMITTEE: Labor, Industrial and Rehabilitative Services

ANALYSIS

This bill adds employees who deal cards and table games at games of chance venues to those tipped employees who receive a certain base hourly rate from their employers.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0711

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to tipped employees who deal card and table games at games of chance venues.

Be it Enacted by the Senate and House of Representatives in General Court convened:

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, or as follows, whichever is higher:

Date Hourly Rate

On and after September 1, 1997 $5.15

On and after September 1, 2007 $6.50

On and after September 1, 2008 $7.25

Tipped employees of a restaurant, hotel, motel, inn [or], cabin, or primary game operator as defined by RSA 287-D:1, V(a), 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. Restaurant shall include an establishment in a temporary or permanent building, kept, used, maintained, advertised, and held out to the public to be a place where meals are regularly prepared or served for which a charge is made and where seating and table service is available for customers or where delivery services are available. The term does not include establishments which do not primarily prepare and serve food. Tipped employees shall also include employees who deliver meals prepared in a restaurant to the customer's home, office, or other location. 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 Minimum Wage; Tipped Employees; Version Effective December 31, 2011. 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, or as follows, whichever is higher:

Date Hourly Rate

On and after September 1, 1997 $5.15

On and after September 1, 2007 $6.50

On and after September 1, 2008 $7.25

Tipped employees of a restaurant, hotel, motel, inn [or], cabin, or primary game operator as defined by RSA 287-D:1, V(a), 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:

3 Effective Date.

I. Section 2 of this act shall take effect December 31, 2011 at 12:01 a.m.

II. The remainder of this act shall take effect 60 days after its passage.

LBAO

11-0711

Revised 03/04/11

HB 494 FISCAL NOTE

AN ACT relative to tipped employees who deal card and table games at games of chance venues.

FISCAL IMPACT:

The Department of Labor states this bill will have no fiscal impact on state, county, and local revenues or expenditures.

METHODOLOGY:

The Department of Labor states this bill adds employees who deal cards and table games at games of chance venues to those tipped employees who receive a certain base hourly rate from their employers. The Department states this bill will not impact public entities and therefore will have no fiscal impact on state, county, and local revenues or expenditures.

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