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