[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 67 Introduced in House (IH)]

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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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Flexibility Act''.

SEC. 2. TIP POOLING.

    Section 3(m)(2) of the Fair Labor Standards Act (29 U.S.C. 
203(m)(2)) is amended--
            (1) in subparagraph (A)(ii), by striking ``employees who 
        customarily and regularly receive tips'' and inserting ``pools 
        of employees described in subparagraph (C)''; and
            (2) by adding at the end the following:
    ``(C) The pools of employees described in this subparagraph are as 
follows:
            ``(i) Employees who customarily and regularly receive tips.
            ``(ii) Employees who--
                    ``(I) customarily and regularly receive tips and 
                receive a cash wage paid by the employer that is not 
                less than the wage in effect under section 6(a)(1); and
                    ``(II) do not customarily and regularly receive 
                tips.''.
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