Summary
Small Business Flexibility ActThis bill provides statutory authority for the pooling of tips among two pools of employees. The first pool consists of employees who customarily and regularly receive tips (as is permitted under the current statute). The second pool consists of (1) employees who customarily and regularly receive tips and are paid at least minimum wage, and (2) employees who do not customarily and regularly receive tips.
Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 85 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 85
To amend the Fair Labor Standards Act of 1938 to allow the pooling of
tips among all employees, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2025
Mr. Biggs of Arizona introduced the following bill; which was referred
to the Committee on Education and Workforce
_______________________________________________________________________
A BILL
To amend the Fair Labor Standards Act of 1938 to allow the pooling of
tips among all employees, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Flexibility Act''.
SEC. 2. TIP POOLING.
Section 3(m)(2) of the Fair Labor Standards Act (29 U.S.C.
203(m)(2)) is amended--
(1) in subparagraph (A)(ii), by striking ``employees who
customarily and regularly receive tips'' and inserting ``pools
of employees described in subparagraph (C)''; and
(2) by adding at the end the following:
``(C) The pools of employees described in this subparagraph are as
follows:
``(i) Employees who customarily and regularly receive tips.
``(ii) Employees who--
``(I) customarily and regularly receive tips and
receive a cash wage paid by the employer that is not
less than the wage in effect under
section 6(a)(1); and
``(II) do not customarily and regularly receive
tips.''.
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