Small Business Flexibility Act

I 116TH CONGRESS 1ST SESSION H. R. 4437 To amend the Fair Labor Standards Act of 1938 to allow the pooling of tips among all employees, and for other purposes. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 20, 2019 Mr. BIGGS 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 allow the pooling of tips among all employees, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Small Business Flexi- 4 bility Act’’. 5 SEC. 2. TIP POOLING. 6 Section 3(m)(2) of the Fair Labor Standards Act (29 7 U.S.C. 203(m)(2)) is amended— 8 (1) in subparagraph (A)(ii), by striking ‘‘em- 9 ployees who customarily and regularly receive tips’’ 10 VerDate Sep 11 2014 03:26 Sep 27, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4437.IH H4437 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 4437 IH and inserting ‘‘pools of employees described in sub- 1 paragraph (C)’’; and 2 (2) by adding at the end the following: 3 ‘‘(C) The pools of employees described in 4 this subparagraph are as follows: 5 ‘‘(i) Employees who customarily and 6 regularly receive tips. 7 ‘‘(ii) Employees who— 8 ‘‘(I) customarily and regularly re- 9 ceive tips and receive a cash wage 10 paid by the employer that is not less 11 than the wage in effect under section 12 6(a)(1); and 13 ‘‘(II) do not customarily and reg- 14 ularly receive tips.’’. 15 Æ VerDate Sep 11 2014 03:26 Sep 27, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\H4437.IH H4437 pamtmann on DSKBC07HB2PROD with BILLS