An Act To Eliminate the Exception from Minimum Wage Laws for Workers Who Receive Tips
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 26 MRSA §664, sub-§2, as amended by PL 2011, c. 118, §3, is repealed and the following enacted in its place:
2. Tips. The tips received by a service employee become the property of the employee and may not be shared with the employer. Tips that are automatically included in the customer's bill or that are charged to a credit card must be treated like tips given to the service employee. A tip that is charged to a credit card must be paid by the employer to the employee by the next regular payday and may not be held while the employer is awaiting reimbursement from a credit card company.
summary
This bill eliminates the provision of law that allows an employer to pay an employee who receives tips less than the minimum wage.