SB 137 - AS INTRODUCED
2021 SESSION
21-1073
04/06
SENATE BILL 137
AN ACT relative to the minimum hourly rate for tipped employees.
SPONSORS: Sen. Bradley, Dist 3
COMMITTEE: Commerce
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ANALYSIS
This bill changes the hourly rate for tipped employee contingent on an increase in the federal
minimum wage.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
 SB 137 - AS INTRODUCED
21-1073
04/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to the minimum hourly rate for tipped employees.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 Minimum Hourly Rate; Tipped Employees. Amend the introductory paragraph of RSA 279:21
2 to read as follows:
3 Unless otherwise provided by statute, no person, firm, or corporation shall employ any employee at
4 an hourly rate lower than that set forth in the federal minimum wage law, as amended. Tipped
5 employees of a restaurant, hotel, motel, inn or cabin, or ballroom who customarily and regularly
6 receive more than $30 a month in tips directly from the customers will receive a base rate from the
7 employer of not less than [45 percent of the applicable minimum wage] $3.27 per hour. If an
8 employee shows to the satisfaction of the commissioner that the actual amount of wages received at
9 the end of each pay period did not equal the minimum wage for all hours worked, the employer shall
10 pay the employee the difference to guarantee the applicable minimum wage. The limitations
11 imposed hereby shall be subject to the following exceptions:
12 2 Contingency. Section 1 of this act shall take effect on the date the federal minimum wage is
13 increased from the federal minimum wage in effect on the effective date of this act.
14 3 Effective Date.
15 I. Section 1 of this act shall take effect as provided in section 2 of this act.
16 II. The remainder of this act shall take effect upon its passage.