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116TH CONGRESS
1ST SESSION H. R. 3715
To amend the Fair Labor Standards Act of 1938 to prohibit employers
from keeping employees’ tips to cover the cost of financial transaction fees.
IN THE HOUSE OF REPRESENTATIVES
JULY 11, 2019
Ms. GARCIA of Texas introduced the following bill; which was referred to the
Committee on Education and Labor
A BILL
To amend the Fair Labor Standards Act of 1938 to prohibit
employers from keeping employees’ tips to cover the cost
of financial transaction fees.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Protecting Employees
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Tips Act’’.
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SEC. 2. PROHIBITION ON KEEPING TIPS TO COVER FINAN-
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CIAL TRANSACTION FEES.
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Section 3(m)(2)(B) of the Fair Labor Standards Act
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of 1938 (29 U.S.C. 203(m)(2)(B)) is amended by insert-
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ing ‘‘, or keeping any portion of employees’ tips to cover
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•HR 3715 IH
the cost of any fee established, charged, or received by
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a payment card network for the purpose of compensating
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an issuer for its involvement in a transaction in which a
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person uses a debit card or credit card (as the terms ‘debit
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card’, ‘credit card’, ‘issuer’, and ‘payment card network’
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are defined in section 921(c) of the Electronic Fund
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Transfer Act (15 U.S.C. 1693o–2(c)))’’ after ‘‘employees’
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tips’’.
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