relative to the pooling and sharing of tips among tipped employees.
What changed between versions
The definition of 'tip pooling' in RSA 279:1, XIII was amended by removing the word 'voluntary,' broadening the term to cover both voluntary and mandatory tip pooling arrangements.
RSA 279:1, XV, which defined 'coercion,' was repealed entirely.
New paragraph II prohibits employers from imposing tip pooling arrangements that include employees who do not customarily and regularly receive tips in their occupation.
New paragraph IV explicitly prohibits owners, managers, and supervisors from participating in tip pools or tip share arrangements, even if they provide direct service or have direct customer interactions.
New paragraph VI requires establishments that require or permit tip pooling to notify patrons by posting a conspicuous sign or including a clear disclosure on the primary menu.
New paragraph III creates an exception to the non-tipped employee prohibition for roles with direct customer interactions in the chain of service, including bartenders, bussers, hosts, and food runners.
New paragraph V authorizes the commissioner of the department of labor to adopt rules under RSA 541-A relative to tip pooling.
The core FLSA incorporation language was changed from 'shall be governed by' to 'shall incorporate by reference,' and additional CFR sections (531.55, 531.56, 531.57) were added to the list of referenced regulations.
