Expedited Bill No. =24-=--...!,;15:::.....------
Concerning: Human Rights - Minimum
Wage -
Tipped Employee
Amendments
Revised: June 16, 2015 Draft No.
i _
Introduced:
May 21, 2015
Enacted:
June 23, 2015
Executive: - - - - - - - - - -
Effective: - - - - - - - - - -
Sunset Date: --'-"N=on=e
_________
Ch. _ _ , Laws of Mont. Co. _ _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsors: Councilmembers Berliner, Katz, Council Vice President Floreen, and
Councilmember Rice
AN EXPEDITED ACT
to:
(1)
(2)
(3)
(4)
modify the amount of the tip credit an employer can use to calculate the minimum
wage for a tipped employee working in the County:
require an employer of a tipped employee to submit quarterly wage reports;
require the Executive to establish an online reporting system for quarterly wage
reports; and
generally amend the law governing the minimum wage for a tipped employee working
in the County.
By amending
Montgomery County Code
Chapter 27, Human Rights and Civil Liberties
Section 27-69
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Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deleted.from existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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EXPEDITED BILL NO.
24-15
1
Sec.
1.
Section 27-69 is amended as follows:
27-69.
(a)
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Tipped Employees.
Definition.
As used in this Section,
tipped employee
means:
(1)
an employee who:
(A)
is engaged m an occupation m which the employee
customarily and regularly receives more than $30 each
month in tips;
(B)
has been informed by the employer about the provisions of
this Section; and
(C)
(2)
has kept all of the tips that the employee received.
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Notwithstanding paragraph (l)(C), this Section does not prohibit
the pooling of tips.
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(b)
Computation ofwage.
Except as provided in subsection ( c), an employer
may include, as part of the wage of a tipped employee:
(1)
an amount that the employer sets to represent the tips of the
employee; or
(2)
if the employee or representative of the employee satisfies the
Director that the employee received a lesser amount in tips, the
lesser amount.
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(c)
Limit.
The tip credit amount that the employer may include under
subsection (b) must not exceed the County minimum wage less [50% of
the minimum wage required for that employee under the State Act] $4.00
per hour.
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@
Reports.
An employer who employs
~
tipped employee in the County
must
submit~
quarterly wage report within 30 days after the end of each
quarter to the Director certifying that each tipPed employee was paid the
minimum wage required
.hy
this Section.
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EXPEDITED BILL NO.
24-15
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W
Online reporting system.
The Executive must establish an internet based
reporting system as an optional method for an employer of
§:
tipped
employee to submit the quarterly wage report required
Qy
subsection
@
Sec. 2.
Expedited Effective Date.
The Council declares that this legislation is necessary for the immediate
protection of the public interest. This Act takes effect on July
1,
2015.
Approved:
35
George Leventhal, President, County Council
36
Date
Approved:
37
Isiah Leggett, County Executive
Date
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This is a correct copy ofCouncil action.
39
Linda M. Lauer, Clerk of the Council
Date
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