[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4031 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 4031

 To provide that the provision of the Fair Labor Standards Act of 1938 
 on the accounting of tips in determining the wage of tipped employees 
 shall preempt any State or local provision precluding a tip credit or 
  requiring a tip credit less than the tip credit provided under such 
                                  Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 5, 1996

  Mr. Riggs introduced the following bill; which was referred to the 
          Committee on Economic and Educational Opportunities

_______________________________________________________________________

                                 A BILL


 
 To provide that the provision of the Fair Labor Standards Act of 1938 
 on the accounting of tips in determining the wage of tipped employees 
 shall preempt any State or local provision precluding a tip credit or 
  requiring a tip credit less than the tip credit provided under such 
                                  Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PREEMPTION.

    No State or political subdivision of State may establish or enforce 
a law, ordinance, regulation, or order which prescribes the manner in 
which a tipped employee's tips will be considered in determining if 
such tipped employee has been paid the applicable minimum wage if such 
law, ordinance, regulation, or order precludes a tip credit or requires 
a tip credit less than the tip credit permitted under section 3(m) of 
the Fair Labor Standards Act of 1938 (29 U.S.C. 203(m)).
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