Introduced in House Passed House Introduced in Senate Passed Senate Became Law
01/05/2020        

Minimum wage; tipped employees.

Requires employers to pay a tipped employee at a rate not less than the minimum wage set forth in the Virginia Minimum Wage Act for time that the tipped employee regularly performs services in the course of his employment for which there is no reasonable expectation that the employee will receive tips. The measure eliminates the ability of an employer to apply the tip credit for untipped portions of the work performed by an employee who regularly receives more than $30 a month in tips. Under current federal law, the minimum cash wage for tipped employees is $2.13 and the maximum tip credit that an employer can currently claim is $5.12 per hour based on a minimum wage of $7.25 per hour.

Date Version PDF TXT
01/05/2020 House: Prefiled and ordered printed; offered 01/08/20 20103105D Open

            

2020 SESSION

    20103105D
    HOUSE BILL NO. 550
    Offered January 8, 2020
    Prefiled January 5, 2020
    A BILL to amend and reenact � 40.1-28.9 of the Code of Virginia, relating to the minimum wage; tipped workers.
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    Patrons-- Ward and Guzman
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    Referred to Committee on Labor and Commerce
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    Be it enacted by the General Assembly of Virginia:

    1. That � 40.1-28.9 of the Code of Virginia is amended and reenacted as follows:

    40.1-28.9. Definitions; determining wage of tipped employee.

    A. As used in this article:

    "Employee" includes any individual employed by an employer, except the following:

    1. Any person employed as a farm laborer or farm employee;

    2. Any person employed in domestic service or in or about a private home or in an eleemosynary institution primarily supported by public funds;

    3. Any person engaged in the activities of an educational, charitable, religious, or nonprofit organization where the relationship of employer-employee does not, in fact, exist, or where the services rendered to such organizations are organization is on a voluntary basis;

    4. Caddies on golf courses;

    5. Traveling salesmen or outside salesmen working on a commission basis; taxicab drivers and operators;

    6. Any person under the age of 18 in the employ of his father, mother parent or legal guardian;

    7. Any person confined in any penal or corrective institution of the State Commonwealth or any of its political subdivisions or admitted to a state hospital or training center operated by the Department of Behavioral Health and Developmental Services;

    8. Any person employed by a summer camp for boys, girls, or both boys and girls;

    9. Any person under the age of 16, regardless of by whom employed;

    10. Any person who normally works and is paid based on the amount of work done;

    11. Any person whose employment is covered by the Fair Labor Standards Act of 1938, as amended;

    12. Any person whose earning capacity is impaired by physical deficiency, mental illness, or intellectual disability;

    13. Students participating in a bona fide educational program;

    14. Any person employed by an employer who that does not have four or more persons employed at any one time;, provided that husbands, wives the spouse, sons, daughters children, and parents of the an individual employer shall not be counted in determining the number of persons employed;

    15. Any person who is less than 18 years of age and who is currently enrolled on a full-time basis in any secondary school, institution of higher education, or trade school, provided that the person is not employed more than 20 hours per week;

    16. Any person of any age who is currently enrolled on a full-time basis in any secondary school, institution of higher education, or trade school and is in a work-study program or its equivalent at the institution at which he or she is enrolled as a student;

    17. Any person who is less than 18 years of age and who is under the jurisdiction and direction of a juvenile and domestic relations district court; or

    18. Any person who works as a babysitter for fewer than 10 hours per week.

    "Employer" includes any individual, partnership, association, corporation, or business trust, or any person or groups group of persons acting directly or indirectly in the interest of an employer in relation to an employee.

    "Tipped employee" means an employee engaged in an occupation in which the employee customarily receives more than $30 a month in tips.

    "Wages" means legal tender of the United States or checks or drafts on banks negotiable into cash on demand or upon acceptance at full value; provided, wages may include. "Wages" includes the reasonable cost to the employer of furnishing meals and for lodging to an employee, if such board or lodging is customarily furnished by the employer, and used by the employee.

    B. In determining the wage of a tipped employee, the amount paid such employee by his employer shall be deemed to be increased on account of tips by an amount determined by the employer, except (i) in the case of an employee who establishes by clear and convincing evidence that the actual amount of tips received by him was less than the amount determined by the employer. In, in which such case, the amount paid such employee by his employer shall be deemed to have been increased by such lesser amount, and (ii) when a tipped employee regularly performs services in the course of his employment for which there is no reasonable expectation that the employee will receive tips, the amount paid such employee by his employer for times that he performs such services shall be at a rate not less than the minimum wage specified in � 40.1-28.10.

    Picture Name From Date Type
    Jeion A. Ward D-Richmond Sponsor
    Date Branch Action
    01/26/2020 House House: Assigned L & C sub: Subcommittee #1
    01/05/2020 House House: Prefiled and ordered printed; offered 01/08/20 20103105D
    01/05/2020 House House: Referred to Committee on Labor and Commerce
    Summary
    Congress - Bill Number Major Title
    Branch Vote Date Yes No Not Voting
    Wiki





    Start Description.
    Requires employers to pay a tipped employee at a rate not less than the minimum wage set forth in the Virginia Minimum Wage Act for time that the tipped employee regularly performs services in the course of his employment for which there is no reasonable expectation that the employee will receive tips. The measure eliminates the ability of an employer to apply the tip credit for untipped portions of the work performed by an employee who regularly receives more than $30 a month in
    End Description.

    Bill TEXT Points.
    This Bill has been listed with the following Subjects from Texts:
    Virginia
    9 of the Code of Virginia, relating to the minimum wage; tipped workers


    End Bill TEXT Points.
    Date Bill Major Title
    Committee Name
    Subject Type