| 1 | 1 | | 88R1976 RDS-D |
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| 2 | 2 | | By: Cole H.B. No. 2175 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the minimum wage for certain tipped employees. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 62.051, Labor Code, is amended to read as |
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| 10 | 10 | | follows: |
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| 11 | 11 | | Sec. 62.051. MINIMUM WAGE. Except as provided by Sections |
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| 12 | 12 | | 62.052 and [Section] 62.057, an employer shall pay to each employee |
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| 13 | 13 | | the federal minimum wage under Section 6, Fair Labor Standards Act |
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| 14 | 14 | | of 1938 (29 U.S.C. Section 206). |
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| 15 | 15 | | SECTION 2. Section 62.052, Labor Code, is amended to read as |
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| 16 | 16 | | follows: |
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| 17 | 17 | | Sec. 62.052. TIPPED EMPLOYEES. (a) [In determining the |
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| 18 | 18 | | wage of a tipped employee, the amount paid the employee by the |
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| 19 | 19 | | employer is the amount described as paid to a tipped employee under |
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| 20 | 20 | | Section 3(m), Fair Labor Standards Act of 1938 (29 U.S.C. Section |
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| 21 | 21 | | 203(m)). |
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| 22 | 22 | | [(b)] In this section, "tipped employee" means an employee |
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| 23 | 23 | | engaged in an occupation in which the employee customarily and |
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| 24 | 24 | | regularly receives more than $20 a month in tips. |
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| 25 | 25 | | (b) An employer shall pay to each tipped employee the |
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| 26 | 26 | | federal minimum wage under Section 6, Fair Labor Standards Act of |
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| 27 | 27 | | 1938 (29 U.S.C. Section 206(a)(1)). The amount paid to an employee |
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| 28 | 28 | | may not be reduced by a tip credit against the minimum wage. |
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| 29 | 29 | | (c) This section may not be construed to allow an employer |
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| 30 | 30 | | to keep any portion of a tipped employee's tips. |
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| 31 | 31 | | SECTION 3. This Act takes effect September 1, 2023. |
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