| 1 | 1 | | Session of 2025 |
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| 2 | 2 | | HOUSE BILL No. 2123 |
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| 3 | 3 | | By Representatives Sawyer Clayton, Carr, Featherston, Haskins, Hoye, Martinez, |
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| 4 | 4 | | McDonald, Melton, Meyer, Miller, Mosley, Oropeza, Simmons and Woodard |
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| 5 | 5 | | 1-28 |
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| 6 | 6 | | AN ACT concerning labor and employment; increasing the minimum |
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| 7 | 7 | | wage for employees receiving tips and gratuities; amending K.S.A. 44- |
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| 8 | 8 | | 1203 and repealing the existing section. |
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| 9 | 9 | | Be it enacted by the Legislature of the State of Kansas: |
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| 10 | 10 | | Section 1. K.S.A. 44-1203 is hereby amended to read as follows: 44- |
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| 11 | 11 | | 1203. (a) Except as otherwise provided in the minimum wage and |
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| 12 | 12 | | maximum hours law, every employer shall pay to each employee wages at |
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| 13 | 13 | | a rate as follows: |
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| 14 | 14 | | (1) Prior to January 1, 2010, employee wages shall be paid at a rate of |
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| 15 | 15 | | not less than $2.65 an hour; and |
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| 16 | 16 | | (2) on and after January 1, 2010, employee wages shall be paid at a |
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| 17 | 17 | | rate of not less than $7.25 an hour. |
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| 18 | 18 | | (b) In calculating such minimum wage rate, an employer may include |
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| 19 | 19 | | tips and gratuities received by an employee if such tips and gratuities have |
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| 20 | 20 | | customarily constituted part of the remuneration of the employee and if the |
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| 21 | 21 | | employee concerned actually received and retained such tips and |
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| 22 | 22 | | gratuities. For employees receiving tips and gratuities, the employer shall |
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| 23 | 23 | | pay a minimum wage of at least $2.13 $6.15 an hour. If when combined |
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| 24 | 24 | | with the minimum wage rate prescribed in this subsection the amount of |
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| 25 | 25 | | the employee's tips and gratuities are: |
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| 26 | 26 | | (1) At least equal to $7.25 an hour, no further payment is required by |
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| 27 | 27 | | the employer; or |
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| 28 | 28 | | (2) less than $7.25 an hour, the employer must pay the employee the |
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| 29 | 29 | | difference between $7.25 an hour and the actual hourly amount received |
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| 30 | 30 | | by the employee determined by combining the amount of tips and |
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| 31 | 31 | | gratuities received by the employee with the minimum wage prescribed by |
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| 32 | 32 | | this subsection paid by the employer. |
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| 33 | 33 | | (c) The provisions of this section shall not apply to any employers |
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| 34 | 34 | | and employees who are covered under the provisions of the federal fair |
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| 35 | 35 | | labor standards act (, 29 U.S.C.A. U.S.C. § 201 et seq.), and any other acts |
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| 36 | 36 | | amendatory thereof or supplemental thereto. |
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| 37 | 37 | | Sec. 2. K.S.A. 44-1203 is hereby repealed. |
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| 38 | 38 | | Sec. 3. This act shall take effect and be in force from and after its |
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| 39 | 39 | | publication in the statute book. |
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