Wage rates-penalties.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0458

HOUSE BILL
NO.
HB0181

Wage rates-penalties.

Sponsored by:
Representative(s) Connolly, Davison, Greene, McKim and Throne and Senator(s) Hastert

A BILL

for

AN ACT relating to
minimum wages; providing for confidential investigations by the department of employment; providing penalties for failure to pay tipped employees as specified;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 27
‑
4
‑
202(b) by creating a new subsection (d) is amended to read:

27
‑
4
‑
202.

Minimum wage rates.

(b)

Effective April 1, 2001 and thereafter, all employers who employ tipped employees shall not pay less than two dollars and thirteen cents ($2.13) per hour to his tipped employees.

Provided further, if the wage paid by the employer combined with the tips received by the employee during a given pay period does not equal at least the applicable minimum wage as prescribed in subsection (a) of this section, the employer shall pay the difference to the tipped employee.

An employer who fails to pay the difference to the tipped employee within ten (10) days of submission of daily records by the employee
is
liable

for three
(3)
times the
amount due, but in no case less than one hundred dollars ($100.00), plus court costs and reasonable attorney's fees.

For the purposes of this act, all "tip" employees shall furnish monthly to their respective employers the daily record of tips required to be kept by "tip" employees under the laws of the United States and upon the forms prescribed by the internal revenue service of the United States treasury department. The daily record of tips shall constitute prima facie proof of the amount of tips received by the employee. Proof of a customary tipping percentage of sales or service shall also be an admissible form of proof of the amount of tips.

A "tip" employee is one who customarily and regularly receives more than thirty dollars ($30.00) a month in tips.

(d)

A "tip" employee may seek department of employment review of employer compliance with subsection (b) of this section by providing a copy of the daily record of tips required under subsection (b) of this section and a copy of paychecks or
pay stubs
showing hours worked for the time period. The department shall conduct a confidential investigation of the complaint within sixty (60) days and issue a report of the investigation
to the employee
. The report of the investigation may be used in any court proceeding brought under subsection (b) of this section.

Section 2.

This act is effective July 1, 2011.

(END)

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HB0181