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119th CONGRESS
1st Session |
To amend the Fair Labor Standards Act of 1938 to allow the pooling of tips among all employees, and for other purposes.
Mr. Biggs of Arizona introduced the following bill; which was referred to the Committee on Education and Workforce
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,
This Act may be cited as the “Small Business Flexibility Act”.
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.
“(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.”.