It was referred to the Education and Labor committee.
This bill allows the pooling of tips among employees who (1) customarily and regularly receive tips (as under current law), (2) customarily and regularly receive tips and are paid at least minimum wage, and (3) do not customarily and regularly receive tips.
117th CONGRESS 2d Session |
To amend the Fair Labor Standards Act of 1938 to allow the pooling of tips among all employees, and for other purposes.
March 29, 2022
Mr. Biggs introduced the following bill; which was referred to the Committee on Education and Labor
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.”.
You can read the bill here.
