By Maxey H.B. No. 94
77R99 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain workplace posting requirements regarding the
1-3 payment of wages to tipped employees; providing an administrative
1-4 penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter A, Chapter 61, Labor Code, is amended
1-7 by adding Section 61.006 to read as follows:
1-8 Sec. 61.006. NOTICE REQUIREMENTS AFFECTING TIPPED EMPLOYEES;
1-9 ADMINISTRATIVE PENALTY. (a) In this section, "tipped employee" has
1-10 the meaning assigned by Section 62.052.
1-11 (b) The commission shall prescribe a notice containing the
1-12 information required by this section. An employer who employs
1-13 tipped employees shall post the notice in conspicuous places in the
1-14 workplace in addition to the notice required under Section
1-15 61.012(c).
1-16 (c) The notice must contain:
1-17 (1) information informing employees of the
1-18 requirements of Subsection (d) regarding the computation of
1-19 overtime wages;
1-20 (2) a statement that a tipped employee is not required
1-21 to share the employee's tips with other employees who have not
1-22 customarily and regularly participated in tip pooling arrangements,
1-23 including dishwashers, cooks, chefs, and janitors;
1-24 (3) a statement that a tipped employee is not required
2-1 to contribute more than 15 percent of the employee's tips to a tip
2-2 pool;
2-3 (4) a statement that an employee who is employed in a
2-4 dual job in which the employee performs unrelated duties is
2-5 considered to be a tipped employee only with respect to the duties
2-6 for which a tip is received and that no tip credit may be taken for
2-7 the hours in which the other duties are performed;
2-8 (5) a statement that a tipped employee employed at a
2-9 restaurant is not required to compensate the restaurant for any
2-10 unintentional breakage or loss, walkout without payment by a
2-11 patron, or complimentary meal given to a patron by the restaurant;
2-12 (6) the following statement: "If you believe that
2-13 your rights are being violated, you may contact the Texas Workforce
2-14 Commission for assistance.";
2-15 (7) the telephone number of the commission; and
2-16 (8) the Internet address for the labor law information
2-17 page of the Internet site.
2-18 (d) For purposes of Subsection (c)(1), the notice must
2-19 describe the computation of overtime wages as the dollar amount
2-20 resulting from subtracting the hourly tip credit from the product
2-21 of the federal minimum wage multiplied by one and one-half.
2-22 (e) An employer who employs tipped employees shall
2-23 disseminate to those employees a brochure prescribed by the
2-24 commission that includes the information required in the notice
2-25 adopted under this section. The brochure must contain a page that
2-26 may be detached, signed by the tipped employee as an acknowledgment
2-27 of receipt of the brochure, and placed in the employee's personnel
3-1 records.
3-2 (f) An employer who employs tipped employees and who fails
3-3 to comply with the requirements of this section is subject to an
3-4 administrative penalty in an amount not to exceed $10,000 for each
3-5 violation. The commission may assess an administrative penalty for
3-6 a violation under this subsection in the manner provided by Section
3-7 51.033.
3-8 SECTION 2. (a) Except as provided by Subsection (b) of
3-9 this section, this Act takes effect September 1, 2001.
3-10 (b) Section 61.006(f), Labor Code, as added by this Act,
3-11 takes effect September 1, 2002.
3-12 (c) The Texas Workforce Commission shall prescribe a notice
3-13 and brochure that comply with the requirements of this Act and make
3-14 that material available to affected employers not later than
3-15 January 1, 2002.