Small Business Flexibility Act

I 118TH CONGRESS 1ST SESSION H. R. 67 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 JANUARY 9, 2023 Mr. BIGGS introduced the following bill; which was referred to the Committee on Education and the Workforce 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 04:30 Jan 13, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H67.IH H67 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 67 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 this sub- 4 paragraph are as follows: 5 ‘‘(i) Employees who customarily and regularly 6 receive tips. 7 ‘‘(ii) Employees who— 8 ‘‘(I) customarily and regularly receive tips 9 and receive a cash wage paid by the employer 10 that is not less than the wage in effect under 11 section 6(a)(1); and 12 ‘‘(II) do not customarily and regularly re- 13 ceive tips.’’. 14 Æ VerDate Sep 11 2014 04:30 Jan 13, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\H67.IH H67 kjohnson on DSK79L0C42PROD with BILLS