HB 4199
Relating to requiring employees that receive gratuities be paid at least the established state minimum wage hourly rate.
Take action
Record your position on this measure.
Sign in to record your position, submit testimony, or contact your legislator.
Sign in to take action- Introduced
- Passed House of Delegates
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill aims to ensure that employees who receive tips or gratuities are paid at least the West Virginia state minimum wage for all hours worked. Currently, employers could take a credit for a portion of gratuities paid to employees, but this bill would limit that credit to a maximum of 70% of the minimum wage. The bill seeks to clarify and update the rules regarding employer credits for gratuities and ensure employees receive a wage that meets or exceeds the minimum wage when considering both wages and tips.
Key provisions
- Limits employer credits for gratuities to a maximum of 70% of the minimum wage.
- Requires employers to provide documentary evidence of employee gratuity payments or board/lodging.
- Updates regulations regarding employer credits for board and lodging.
- Ensures employees receive at least the state minimum wage when considering both wages and gratuities.
- Addresses existing provisions regarding credits for gratuities and board/lodging prior to 2015.
Who is affected
- Restaurant employees
- Service industry employees
- Employers in the service industry
- Employees who receive gratuities
Notable changes
- Reduces the employer’s ability to take credits for gratuities.
- Introduces requirements for employers to document employee compensation.
- Updates regulations related to employer credits for board and lodging.
Arguments in favor
Reasons to support this legislation.
No arguments in favor have been submitted.
Submit yoursArguments opposed
Reasons to oppose this legislation.
No arguments opposed have been submitted.
Submit yours