SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2024 SESSION

  • | print version

HB 335 Tipped employees; DOLI to study increasing wages and address wage theft by employers.

Introduced by: Debra D. Gardner | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Department of Labor and Industry; tipped employee wages; work group. Directs the Department of Labor and Industry to convene a work group to study (i) options for increasing tipped employee minimum cash wages, (ii) circumstances related to wage theft or payment inequities by employers of tipped wage employees, and (iii) amending the penalty provisions related to employee remedies and employer penalties for violations of minimum wage requirements. The bill directs the work group to submit a report of its findings no later than December 1, 2024.

SUMMARY AS PASSED HOUSE:

Department of Labor and Industry; tipped employee wages; work group. Directs the Department of Labor and Industry to convene a work group to study (i) options for increasing tipped employee minimum cash wages, (ii) circumstances related to wage theft or payment inequities by employers of tipped wage employees, and (iii) amending the penalty provisions related to employee remedies and employer penalties for violations of minimum wage requirements. The bill directs the work group to submit a report of its findings no later than December 1, 2024.

SUMMARY AS INTRODUCED:

Employment; determining wage of tipped employee. Provides that an employer shall increase the amount paid to its tipped employees by an amount determined by the employer in accordance with the federal Fair Labor Standards Act and that, notwithstanding any other provision of law, a tipped employee who regularly performs services in the course of his employment for which there is no reasonable expectation of receiving tips shall receive an amount not less than the minimum wage for the time that he performs such services. The bill provides that tipped employees shall receive a cash wage of not less than $3.50 per hour starting on January 1, 2025. Starting on January 1, 2026, a tipped employee shall receive a cash wage of not less than $4.75 per hour, and starting on January 1, 2027, the amount of cash wage shall be not less than $6.00 per hour. Starting January 1, 2028, tips shall be excluded from any determination of wage paid to a tipped employee and the amount paid to such employee shall be not less than the minimum wage.