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H.B. No. 0112 |
Tip distribution policies. |
Sponsored By: Representative(s) Petroff, Kroeker, Madden and Stubson and Senator(s) Christensen and Driskill
AN ACT relating to labor and employment; authorizing employers to set policies regarding tip and gratuity pooling and distribution as specified; and providing for an effective date.
1/8/2013 Bill Number Assigned
1/9/2013 H Received for Introduction
1/10/2013 H Introduced and Referred to H03
1/14/2013 H03 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Eklund, Goggles, Kirkbride, Loucks, Madden, Northrup, Petroff and Semlek
Excused: Representative(s) Blikre
Ayes 8 Nays 0 Excused 1 Absent 0 Conflicts 0
1/14/2013 H Placed on General File
HB0112HS001/ADOPTED
Page 2-line 9 After "hosts" delete "," insert "and".
Page 2-line 10 After "customers" delete balance of the line and insert ";".
Page 3-line 3 After "gratuities" insert ",".
Page 3-line 7 After "1‑1‑122(a)(iii)," delete balance of the line and insert "guest ranches as defined in W.S. 12‑1‑101(a)(xxiii), vacation resorts".
Page 3-line 8 Delete "35‑28‑101(a)(x)".
Page 3-line 14 Delete entirely and insert:
"Section 2. This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.". MADDEN, CHAIRMAN
1/14/2013 H Passed CoW
HB0112H2001/ADOPTED
Page 2-line 21 After "gratuities" insert "received by that individual". PETROFF
HB0112H2002/FAILED
Page 1-line 3 After ";" insert "providing for notification;".
Page 3-After line 12 Insert:
"(vi) Employers utilizing pooling as provided in this subsection shall post a notice visible to the patrons of the establishment stating that the establishment uses pooling and distribution of tips and gratuities among staff directly serving customers.". CONNOLLY, DAVISON
HB0112H2003/FAILED
Page 1-line 3 After ";" insert "amending definition of "tip" employee;".
Page 1-line 8 After "W.S." insert "27‑4‑202(b) and"; delete "is" insert "are".
Page 1-After line 8 Insert:
"27-4-202. Minimum wage rates.
(b) Effective April 1, 2001 and thereafter, all employers who employ tipped employees shall not pay less than two dollars and thirteen cents ($2.13) per hour to his tipped employees. Provided further, if the wage paid by the employer combined with the tips received by the employee during a given pay period does not equal at least the applicable minimum wage as prescribed in subsection (a) of this section, the employer shall pay the difference to the tipped employee. For the purposes of this act, all "tip" employees shall furnish monthly to their respective employers the daily record of tips required to be kept by "tip" employees under the laws of the United States and upon the forms prescribed by the internal revenue service of the United States treasury department. The daily record of tips shall constitute prima facie proof of the amount of tips received by the employee. Proof of a customary tipping percentage of sales or service shall also be an admissible form of proof of the amount of tips. A "tip" employee is one who customarily and regularly receives more than thirty dollars ($30.00) a month in tips, excluding tips received through pooling arrangements authorized under W.S. 27‑4‑507(a).". CONNOLLY, DAVISON
1/15/2013 H Passed 2nd Reading
1/16/2013 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Baker, Blevins, Blikre, Brown, Burkhart, Campbell, Cannady, Coleman, Eklund, Filer, Freeman, Gingery, Greear, Greene, Halverson, Harshman, Harvey, Hunt, Hutchings, Kasperik, Kirkbride, Kroeker, Krone, Lockhart, Loucks, Lubnau, Madden, Miller, Nicholas, B., Northrup, Patton, Paxton, Petroff, Reeder, Semlek, Stubson, Teeters, Wallis, Walters, Watt, Wilson and Zwonitzer, Dv.
Nays: Representative(s) Barlow, Blake, Byrd, Connolly, Davison, Esquibel, K., Gay, Goggles, Jaggi, Larsen, McKim, Moniz, Piiparinen, Sommers, Throne, Winters and Zwonitzer, Dn.
Excused: Representative(s) Berger
Ayes 42 Nays 17 Excused 1 Absent 0 Conflicts 0
1/18/2013 S Received for Introduction
1/23/2013 S Introduced and Referred to S03
1/29/2013 S03 Recommended Do Pass
ROLL CALL
Ayes: Senator(s) Anderson, JL S28, Emerich, Peterson and Von Flatern
Nays: Senator(s) Case
Ayes 4 Nays 1 Excused 0 Absent 0 Conflicts 0
1/29/2013 S03 Recommended Do Pass
ROLL CALL
Ayes: Senator(s) Anderson, JL S28, Emerich, Peterson and Von Flatern
Nays: Senator(s) Case
Ayes 4 Nays 1 Excused 0 Absent 0 Conflicts 0
1/29/2013 S Placed on General File
2/11/2013 S Passed CoW
HB0112S2001/ADOPTED (TO ENGROSSED COPY)
Page 3-after line 13 Insert:
"(vi) No primary server shall be obligated to enter into an agreement or arrangement requiring pooling and distribution of tips. This paragraph shall not preclude enforcement of an agreement or arrangement for pooling or distribution of tips voluntarily entered into by a primary server.". PERKINS
HB0112S2002/FAILED (CORRECTED COPY) (TO ENGROSSED COPY)
Page 2-line 2 Delete "setting and enforcing" insert "administering voluntary".
Page 2-line 19 Delete "shall not" insert "may".
Page 2-line 20 Delete "be required to"; delete "more than" insert "up to". MEIER
2/12/2013 S Passed 2nd Reading
HB0112S3001/WITHDRAWN
HB0112S3002/ADOPTED (TO ENGROSSED COPY)
Delete the Perkins Second Reading Amendment (HB0112S2001/AE) entirely and further amend as follows:
Page 3-after line 13 Insert :
"(vi) An employee subject to a tip pooling and distribution policy may opt out of the policy by providing the employer with a written notice.". PERKINS
HB0112S3003/ADOPTED (TO ENGROSSED COPY)
Page 3-line 2 After "minimum wage" insert "for non-tipped employees".
Page 3-after line 13 After the Perkins Second Reading Amendment (HB0112S2001/AE) and the Perkins Third Reading Amendment (HB0112S3001/AE) to this line, insert and renumber:
"(vii) Any tips administered under a pooling and distribution policy shall not be used to avoid or offset payment by the employer to food service personnel of an amount equal to the federal minimum wage for non-tipped employees.". MEIER
2/13/2013 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, JD S02, Anderson, JL S28, Barnard, Burns, Christensen, Coe, Cooper, Driskill, Emerich, Hicks, Hines, Landen, Meier, Nutting, Perkins, Peterson, Ross, Scott and Von Flatern
Nays: Senator(s) Bebout, Case, Craft, Dockstader, Esquibel, F., Geis, Hastert, Johnson, Nicholas, P., Rothfuss and Schiffer
Ayes 19 Nays 11 Excused 0 Absent 0 Conflicts 0
2/13/2013 H Received for Concurrence
2/13/2013 H Did Not Concur
ROLL CALL
Ayes: Representative(s) Blake, Byrd, Connolly, Esquibel, K., Filer and Throne
Nays: Representative(s) Baker, Barlow, Berger, Blevins, Blikre, Brown, Burkhart, Campbell, Cannady, Coleman, Davison, Eklund, Freeman, Gingery, Goggles, Greear, Greene, Halverson, Harshman, Harvey, Hunt, Hutchings, Jaggi, Kasperik, Kirkbride, Kroeker, Krone, Larsen, Lockhart, Loucks, Lubnau, Madden, McKim, Miller, Moniz, Nicholas, B., Northrup, Patton, Paxton, Petroff, Piiparinen, Reeder, Semlek, Sommers, Stubson, Teeters, Walters, Watt, Wilson, Winters, Zwonitzer, Dn. and Zwonitzer, Dv.
Excused: Representative(s) Gay and Wallis
Ayes 6 Nays 52 Excused 2 Absent 0 Conflicts 0
2/13/2013 H Appointed JCC01 Members:
Representative(s) Madden, Goggles, Petroff
2/13/2013 S Appointed JCC01 Members:
Senator(s) Driskill, Nicholas, P., Perkins
2/19/2013 H Appointed JCC02 Members:
Representative(s) Madden, Goggles, Petroff
2/19/2013 S Appointed JCC02 Members:
Senator(s) Driskill, Nicholas, P., Perkins
2/27/2013 H Indefinitely Postponed