[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1485 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1485

 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

                             April 29, 1997

 Mr. Riggs (for himself, Mr. Ramstad, Mr. Cunningham, Mr. McKeon, Mr. 
 Porter, Mr. Campbell, and Mr. Bilbray) introduced the following bill; 
   which was referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 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. SHORT TITLE.

    This Act may be cited as the ``Tipped Wage Parity Act''.

SEC. 2. 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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