118 HR 67 IH: Small Business Flexibility Act U.S. House of Representatives 2023-01-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS1st SessionH. R. 67IN THE HOUSE OF REPRESENTATIVESJanuary 9, 2023Mr. Biggs introduced the following bill; which was referred to the Committee on Education and the WorkforceA BILLTo amend the Fair Labor Standards Act of 1938 to allow the pooling of tips among all employees, and for other purposes.

1.

Short title

This Act may be cited as the Small Business Flexibility Act.

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..