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HB0112 • 2013

Tip distribution policies.

AN ACT relating to labor and employment; authorizing employers to set policies regarding tip and gratuity pooling and distribution as specified; and providing for an effective date.

Labor
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Representative Petroff
Last action
2013-02-27
Official status
inactive
Effective date
Not listed

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0112H2001

2nd reading • PETROFF

Adopted

Plain English: Adopted 2nd reading by PETROFF

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
HB0112H2002

2nd reading • CONNOLLY

Failed

Plain English: Failed 2nd reading by CONNOLLY

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
HB0112H2003

2nd reading • CONNOLLY

Failed

Plain English: Failed 2nd reading by CONNOLLY

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
HB0112HS001

Standing Committee • H03

Adopted

Plain English: Adopted Standing Committee by H03

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
HB0112S2001

2nd reading • PERKINS

Adopted

Plain English: Adopted 2nd reading by PERKINS

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
HB0112S2002

2nd reading • MEIER

Failed

Plain English: Failed 2nd reading by MEIER

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
HB0112S3001

3rd reading • DRISKILL

Withdrawn

Plain English: Withdrawn 3rd reading by DRISKILL

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
HB0112S3002

3rd reading • PERKINS

Adopted

Plain English: Adopted 3rd reading by PERKINS

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
HB0112S3003

3rd reading • MEIER

Adopted

Plain English: Adopted 3rd reading by MEIER

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

  1. 2013-02-27 House

    H Indefinitely Postponed

  2. 2013-02-19 Senate

    S Appointed JCC02 Members

  3. 2013-02-19 House

    H Appointed JCC02 Members

  4. 2013-02-13 Senate

    S Appointed JCC01 Members

  5. 2013-02-13 House

    H Appointed JCC01 Members

  6. 2013-02-13 House

    H Did Not Concur

  7. 2013-02-13 House

    H Received for Concurrence

  8. 2013-02-13 Senate

    S Passed 3rd Reading

  9. 2013-02-13 Senate

    Amendment Adopted

  10. 2013-02-13 Senate

    Amendment Adopted

  11. 2013-02-12 Senate

    S Passed 2nd Reading

  12. 2013-02-12 Senate

    Amendment Failed

  13. 2013-02-12 Senate

    S Amendments Adopted

  14. 2013-02-12 Senate

    Amendment Adopted

  15. 2013-02-11 Senate

    S Passed CoW

  16. 2013-01-29 Senate

    S Placed on General File

  17. 2013-01-29 Senate

    S03 Recommended Do Pass

  18. 2013-01-29 Senate

    S03 Recommended Do Pass

  19. 2013-01-23 Senate

    S Introduced and Referred to S03

  20. 2013-01-18 Senate

    S Received for Introduction

  21. 2013-01-16 House

    H Passed 3rd Reading

  22. 2013-01-15 House

    H Passed 2nd Reading

  23. 2013-01-15 House

    Amendment Failed

  24. 2013-01-15 House

    Amendment Failed

  25. 2013-01-15 House

    Amendment Adopted

  26. 2013-01-14 House

    H Passed CoW

  27. 2013-01-14 House

    H Amendments Adopted

  28. 2013-01-14 House

    Amendment Adopted

  29. 2013-01-14 House

    H Placed on General File

  30. 2013-01-14 House

    H03 Recommended Amend and Do Pass

  31. 2013-01-10 House

    H Introduced and Referred to H03

  32. 2013-01-09 House

    H Received for Introduction

  33. 2013-01-08 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0298.E1

HOUSE BILL
NO.
HB0112

Tip distribution policies.

Sponsored by:
Representative(s) Petroff, Kroeker, Madden and Stubson and Senator(s) Christensen and Driskill

A BILL

for

AN ACT relating to labor and employment;
authorizing
employers to set policies regarding tip and gratuity
pooling and
distribution 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
‑
507(a) is amended to read:

27
‑
4
‑
507.

Tips and gratuities; unlawful to pay lower wage than that agreed upon; unlawful to fraudulently fail to pay fringe benefits agreed upon.

(a)

Tips and gratuities received by an employee or employees shall be the sole property of such employee or employees
and not payable in whole or in part to the
employer or any other person
provided that this requirement shall not prevent an employer from setting and enforcing policies regarding the
pooling and
distribution of tips and gratuities among staff directly serving customers, subject to the following:

(i)

Food service establishment personnel directly serving customers include wait staff, bus s
taff, service bartenders, hosts and
counter personnel who serve customers
;

(ii)

A tip
and gratuity pooling and
distribution policy shall not provide for distribution of tips
and gratuities
to f
ood service personnel

not directly serving customers, including but not limited to dishwashers, kitchen staff and janitors
;

(iii)

Where an individual is the primary server responsible for food and drinks, that individual shall not be required to contribute more than fifteen percent (15%) of tips
and gratuities
received by that individual
to a tip pool;

(iv)

Only tips
and gratuities
in excess of the federal minimum wage, after counting employer paid wages
,
tips
and gratuities
,
shall be eligible for tip pooling;

(v)

In service industries such as providers of sport or recreational opportunities as defined in W.S. 1
‑
1
‑
122(a)(iii),
guest ranches as defined in W. S. 12
‑
1
‑
101(a)(xxiii), vacation resorts
and travel tour guides, employer policies regarding pooling and distribution may recognize that other types of employees, in add
ition to those identified in
paragraph (i)
of this subsection
, are usual and customary recipients of tips and gratuities.

Section 2.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

1
HB0112