44-1203.Same; minimum wage; computation;applicability ofsection.(a) Except as otherwise provided in the minimum wage and maximumhours law, every employer shallpay to each employee wages at a rateas follows:
(1) Prior to January 1, 2010, employee wages shall be paid at a rate of notless than $2.65 an hour; and
(2) on and after January 1, 2010, employee wages shall be paid at a rate ofnot less than $7.25 an hour.
(b) In calculating such minimum wage rate, an employer may include tips andgratuities received by an employee if such tips and gratuities have customarilyconstituted part of the remuneration of the employee and if the employeeconcerned actually received and retained such tips and gratuities. Foremployees receiving tips and gratuities, the employer shall pay a minimum wageof at least $2.13 an hour. If when combined with the minimum wage rateprescribed in this subsection the amount of the employee's tips and gratuitiesare:
(1) At least equal to $7.25 an hour, no further payment is required by theemployer; or
(2) less than $7.25 an hour, the employer must pay the employee thedifference between $7.25 an hour and the actual hourly amount received by theemployee determined by combining the amount of tips and gratuities received bythe employee with the minimum wage prescribed by this subsection paid by theemployer.
(c) The provisions of this section shall not apply to anyemployers and employees who are covered under the provisions ofthe federal fair labor standards act (29 U.S.C.A. 201 et seq.)and any other actsamendatory thereof or supplemental thereto.
History: L. 1977, ch. 179, § 5;L. 1988, ch. 175, § 2;L. 2009, ch. 115, § 1; July 1.
44-1203.Same; minimum wage; computation;applicability ofsection.(a) Except as otherwise provided in the minimum wage and maximumhours law, every employer shallpay to each employee wages at a rateas follows:
(1) Prior to January 1, 2010, employee wages shall be paid at a rate of notless than $2.65 an hour; and
(2) on and after January 1, 2010, employee wages shall be paid at a rate ofnot less than $7.25 an hour.
(b) In calculating such minimum wage rate, an employer may include tips andgratuities received by an employee if such tips and gratuities have customarilyconstituted part of the remuneration of the employee and if the employeeconcerned actually received and retained such tips and gratuities. Foremployees receiving tips and gratuities, the employer shall pay a minimum wageof at least $2.13 an hour. If when combined with the minimum wage rateprescribed in this subsection the amount of the employee's tips and gratuitiesare:
(1) At least equal to $7.25 an hour, no further payment is required by theemployer; or
(2) less than $7.25 an hour, the employer must pay the employee thedifference between $7.25 an hour and the actual hourly amount received by theemployee determined by combining the amount of tips and gratuities received bythe employee with the minimum wage prescribed by this subsection paid by theemployer.
(c) The provisions of this section shall not apply to anyemployers and employees who are covered under the provisions ofthe federal fair labor standards act (29 U.S.C.A. 201 et seq.)and any other actsamendatory thereof or supplemental thereto.
History: L. 1977, ch. 179, § 5;L. 1988, ch. 175, § 2;L. 2009, ch. 115, § 1; July 1.
44-1203.Same; minimum wage; computation;applicability ofsection.(a) Except as otherwise provided in the minimum wage and maximumhours law, every employer shallpay to each employee wages at a rateas follows:
(1) Prior to January 1, 2010, employee wages shall be paid at a rate of notless than $2.65 an hour; and
(2) on and after January 1, 2010, employee wages shall be paid at a rate ofnot less than $7.25 an hour.
(b) In calculating such minimum wage rate, an employer may include tips andgratuities received by an employee if such tips and gratuities have customarilyconstituted part of the remuneration of the employee and if the employeeconcerned actually received and retained such tips and gratuities. Foremployees receiving tips and gratuities, the employer shall pay a minimum wageof at least $2.13 an hour. If when combined with the minimum wage rateprescribed in this subsection the amount of the employee's tips and gratuitiesare:
(1) At least equal to $7.25 an hour, no further payment is required by theemployer; or
(2) less than $7.25 an hour, the employer must pay the employee thedifference between $7.25 an hour and the actual hourly amount received by theemployee determined by combining the amount of tips and gratuities received bythe employee with the minimum wage prescribed by this subsection paid by theemployer.
(c) The provisions of this section shall not apply to anyemployers and employees who are covered under the provisions ofthe federal fair labor standards act (29 U.S.C.A. 201 et seq.)and any other actsamendatory thereof or supplemental thereto.
History: L. 1977, ch. 179, § 5;L. 1988, ch. 175, § 2;L. 2009, ch. 115, § 1; July 1.
