[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4437 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 4437

 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

                           September 20, 2019

  Mr. Biggs introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 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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